2005 WISCONSIN ACT 447
An Act to renumber and amend 969.13 (5);
to amend 895.80 (4), 943.245 (3m), 943.51 (3r), 969.02 (2), 969.02 (6), 969.03 (1) (d) and 969.03 (4); and to create 950.04 (1v) (qm), 969.13 (5) (b) and 973.20 (9m) of the statutes; relating to: applying cash deposited for bail to restitution payments or to recompense ordered in criminal cases.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
447,1
Section
1. 895.80 (4) of the statutes is amended to read:
895.80 (4) Any recovery under this section shall be reduced by the amount recovered as restitution under ss. 800.093 and 973.20 and ch. 938 for the same act or as recompense under s. 939.13 (5) (a) for the same act.
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2. 943.245 (3m) of the statutes is amended to read:
943.245 (3m) Any recovery under this section shall be reduced by the amount recovered as restitution for the same act under ss. 800.093 and 973.20 or as recompense under s. 969.13 (5) (a) for the same act.
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3. 943.51 (3r) of the statutes is amended to read:
943.51 (3r) Any recovery under this section shall be reduced by the amount recovered as restitution for the same act under ss. 800.093 and 973.20 or as recompense under s. 969.13 (5) (a) for the same act.
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Section
5. 950.04 (1v) (qm) of the statutes is created to read:
950.04 (1v) (qm) To recompense as provided under s. 969.13 (5) (a).
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6. 969.02 (2) of the statutes is amended to read:
969.02 (2) In lieu of release pursuant to sub. (1), the judge may require the execution of an appearance bond with sufficient solvent sureties, or the deposit of cash in lieu thereof of sureties. If the judge requires a deposit of cash in lieu of sureties, the person making the cash deposit shall be given written notice of the requirements of sub. (6).
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7. 969.02 (6) of the statutes is amended to read:
969.02 (6) When a judgment for a fine or costs or both of conviction is entered in a prosecution in which a deposit had been made in accordance with sub. (2), the balance of such deposit, after deduction of the bond costs, shall be applied first to the payment of any restitution ordered under s. 973.20 and then, if ordered restitution is satisfied in full, to the payment of the judgment.
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Section
8. 969.03 (1) (d) of the statutes is amended to read:
969.03 (1) (d) Require the execution of an appearance bond with sufficient solvent sureties, or the deposit of cash in lieu of sureties. If the judge requires a deposit of cash in lieu of sureties, the person making the cash deposit shall be given written notice of the requirements of sub. (4).
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Section
9. 969.03 (4) of the statutes is amended to read:
969.03 (4) If a judgment for a fine or costs or both of conviction is entered in a prosecution in which a deposit had been made in accordance with sub. (1) (d), the balance of the deposit, after deduction of the bond costs, shall be applied first to the payment of any restitution ordered under s. 973.20 and then, if ordered restitution is satisfied in full, to the payment of the judgment.
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Section
10. 969.13 (5) of the statutes is renumbered 969.13 (5) (a) and amended to read:
969.13 (5) (a) A cash deposit made with the clerk pursuant to this chapter shall be applied first to the payment of any recompense determined under par. (b) and then, if the recompense is paid in full, to the payment of costs. If any amount of such deposit remains after the payment of costs, it shall be applied to payment of the judgment of forfeiture. The person making the cash deposit shall be given written notice of the requirements of this paragraph.
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Section
11. 969.13 (5) (b) of the statutes is created to read:
969.13 (5) (b) The court shall determine a recompense amount for any victim, or if the victim is deceased, for his or her estate, of the crime for which the bond was entered into unless the court finds substantial reason not to do so and states the reason on the record. The court shall determine the recompense amount in the same manner as the court would have determined the restitution amount under s. 973.20 (2), (3), (4), (4m), (5), and (7) had the person been convicted.
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12. 973.20 (9m) of the statutes is created to read:
973.20 (9m) When restitution is ordered, the court shall inquire to see if recompense has been made under s. 969.13 (5) (a). If recompense has been made and the restitution ordered is less than or equal to the recompense, the restitution shall be applied to the payment of costs and, if any restitution remains after the payment of costs, to the payment of the judgment. If recompense has been made and the restitution ordered is greater than the recompense, the victim shall receive an amount equal to the amount of restitution less the amount of recompense and the balance shall be applied to the payment of costs and, if any restitution remains after the payment of costs, to the payment of the judgment. This subsection applies without regard to whether the person who paid the recompense is the person who is convicted of the crime.
447,13
Section
13.
Initial applicability.
(1) This act first applies to cash deposits made on the effective date of this subsection.
