2009 Wisconsin Act 402

402,39 Section 39. 755.17 (3) of the statutes is created to read:

755.17 (3) All personnel employed by the court shall be located in an area separate and distinct from the police department by design or signage.

402,40 Section 40. 755.17 (4) of the statutes is created to read:

755.17 (4) Every municipal court shall have a telephone number or extension separate from the telephone number or extension of any other governmental department.

402,41 Section 41. 755.18 (title) of the statutes is amended to read:

755.18 (title) Municipal judge and court clerk training.

402,42 Section 42. 755.18 (1) of the statutes is amended to read:

755.18 (1) Municipal court clerks and judges shall participate in a program of continuing judicial education as required by the supreme court.

402,43 Section 43. 755.19 (2) (a) of the statutes is amended to read:

755.19 (2) (a) Under ss. 800.04 800.035 and 800.095 (4) and (5) (1), conduct initial appearances and receive noncontested forfeiture pleas, order the revocation or suspension of driving privileges and impose forfeitures, impose community service and restitution according to the schedule adopted by the municipal court where appointed, and issue dispositional and sanction orders pursuant to ch. 938.

402,44 Section 44. 755.21 (intro.) of the statutes is amended to read:

755.21 Collection. (intro.) The municipal governing body or court may contract with a collection agency for the collection of unpaid forfeitures, assessments, and surcharges under s. 66.0114 (1) (a). Collection under this section may not begin until the court refers the case to the collection agency. The contract shall provide that the collection agency shall be paid from the proceeds recovered by the collection agency. For each violation for which a forfeiture, assessment, or surcharge is imposed, the municipal court shall determine the amount to be distributed to each entity under s. 66.0114 (1) (bm) and (3) (b) and (c) as follows:

402,45 Section 45. 778.30 (1) (intro.) of the statutes is amended to read:

778.30 (1) (intro.) In addition to the procedures under s. 23.795 or 345.47 or under this chapter for the collection of forfeitures, costs, assessments, surcharges, municipal court judgments, or restitution payments if a defendant fails to pay the forfeiture, costs, assessment, surcharge, municipal court judgment, or restitution payment within the period specified by the circuit court, the court may do any of the following:

402,46 Section 46. 800.001 of the statutes is repealed and recreated to read:

800.001 Definitions. In this chapter:

(1) "Judicial administrative district" means the judicial administrative district having the largest portion of the population in the jurisdiction served by the municipal court.

(2) "Municipality" means the city, village, or town that governs the municipal court, or if more than one city, village, or town has agreed jointly to establish a municipal court under s. 755.01, "municipality" means the city, village, or town where the violation occurred.

402,47 Section 47. 800.01 (1) (intro.) and (a) of the statutes are consolidated, renumbered 800.01 (1) and amended to read:

800.01 (1) In municipal court, personal jurisdiction in municipal ordinance violation cases and cases involving a violation of a resolution or bylaw if the resolution or bylaw is authorized by statute is obtained over a defendant when the defendant: (a) Is served with a summons and are commenced when the complaint or citation and such documents are is filed with or transmitted to the court;.

402,48 Section 48. 800.01 (1) (b) of the statutes is repealed.

402,49 Section 49. 800.01 (1) (c) of the statutes is repealed.

402,50 Section 50. 800.01 (2) of the statutes is repealed and recreated to read:

800.01 (2) The municipal court has jurisdiction over a defendant when any of the following conditions is met:

(a) The defendant is served with a citation or a summons and complaint as provided under s. 801.11 (1) (a) to (c), (5), and (6).

(b) The defendant is arrested and brought before the court personally or through interactive video and audio transmission conducted in accordance with the rules of the supreme court.

(c) The defendant voluntarily appears before the court.

(d) The court finds that the defendant has acknowledged receipt of the citation or summons and complaint.

(e) The summons and complaint or citation are sent to the defendant by 1st class mail.

402,51 Section 51. 800.01 (2m) of the statutes is created to read:

800.01 (2m) The law enforcement officer or municipal employee who serves the summons shall indicate the method of service on the copy of the documents filed or transmitted to the court.

402,52 Section 52. 800.02 (1) of the statutes is amended to read:

800.02 (1) Action. An action in municipal court for violation of a municipal ordinance, or violation of a resolution or bylaw if the resolution or bylaw is authorized by statute, is a civil action, and the forfeiture or penalty imposed by any ordinance of the municipality may be collected in an action in the name of the municipality.

402,53 Section 53. 800.02 (2) (title) of the statutes is repealed and recreated to read:

800.02 (2) (title) Form of citation or complaint.

402,54 Section 54. 800.02 (2) (a) (intro.) of the statutes is renumbered 800.02 (2) (a) and amended to read:

800.02 (2) (a) The citation or complaint shall be signed by a peace officer or endorsed by a municipal law enforcement officer, attorney representing the municipality, or, if applicable, signed by a conservation warden. In addition, the governing body of a municipality authorized to adopt the use of citations may designate by ordinance or resolution other municipal officials who may sign and issue citations with respect to ordinances which are directly related to the official responsibilities of the officials. Officials granted the authority to sign and issue citations may delegate, with the approval of the governing body, the authority to employees. Authority delegated to an official or employee may be revoked only in the same manner by which it is conferred.

(ag) The citation or complaint shall contain substantially the following information:

402,55 Section 55. 800.02 (2) (a) 1. of the statutes is renumbered 800.02 (2) (ag) 1.

402,56 Section 56. 800.02 (2) (a) 2. of the statutes is renumbered 800.02 (2) (ag) 2.

402,57 Section 57. 800.02 (2) (a) 3. of the statutes is renumbered 800.02 (2) (ag) 3. and amended to read:

800.02 (2) (ag) 3. The violation alleged, the time and place of the occurrence of the violation, a statement that the defendant committed the violation, the ordinance, resolution or bylaw violated, and a designation description of the violation in language which that can be readily understood.

402,58 Section 58. 800.02 (2) (a) 4. of the statutes is renumbered 800.02 (2) (ag) 4. and amended to read:

800.02 (2) (ag) 4. A notice to appear at a date, time and place for the court appearance, and a notice to appear statement as to whether the appearance is mandated by the judge.

402,59 Section 59. 800.02 (2) (a) 5. and 6. of the statutes are renumbered 800.02 (2) (ag) 5. and 6.

402,60 Section 60. 800.02 (2) (a) 7. of the statutes is renumbered 800.02 (2) (ag) 7. and amended to read:

800.02 (2) (ag) 7. Notice that the defendant may by mail, in writing, prior to the court appearance, enter a plea of not guilty and may within 10 days after entry of the plea request a jury trial.

402,61 Section 61. 800.02 (2) (a) 8. of the statutes is renumbered 800.02 (2) (ag) 8.

402,62 Section 62. 800.02 (2) (a) 8m. of the statutes is repealed.

402,63 Section 63. 800.02 (2) (a) 9. of the statutes is renumbered 800.02 (2) (ag) 9.

402,64 Section 64. 800.02 (2) (a) 10. of the statutes is renumbered 800.02 (2) (ag) 10.

402,65 Section 65. 800.02 (2) (ag) 1m. of the statutes is created to read:

800.02 (2) (ag) 1m. The identification of any permit issued to the defendant, or license number of the defendant, if applicable.

402,66 Section 66. 800.02 (2) (ag) 9m. of the statutes is created to read:

800.02 (2) (ag) 9m. In an action against a corporation organized under ch. 180 or 181, or against a limited liability company organized under ch. 183, a statement of the corporate or company existence and whether the corporation or company is a domestic or foreign corporation or limited liability company.

402,67 Section 67. 800.02 (2) (am) of the statutes is amended to read:

800.02 (2) (am) In 1st class cities, all of the written information required under par. (a), except the information under par. (a) (ag) 1. to 4. , 9m., and 10., shall be printed in Spanish on a separate sheet attached to the citation or provided in Spanish on the citation.

402,68 Section 68. 800.02 (2) (b) of the statutes is amended to read:

800.02 (2) (b) Except for parking violations, in traffic regulation actions in municipal court, the uniform traffic citation specified in s. 345.11 shall be used in lieu of the citation form specified in par. (a) (ag). In actions for violations of local ordinances enacted in accordance with s. 23.33 (11) (am) or 30.77, the citation form specified in s. 23.54 shall be used in lieu of the citation form specified in par. (a) (ag).

402,69 Section 69. 800.02 (3) of the statutes is repealed.

402,70 Section 70. 800.025 of the statutes is amended to read:

800.025 Amended citation and complaint. A citation or complaint under s. 800.02 may be amended once as a matter of course by the municipality prior to the initial appearance of the defendant. A copy of the amended citation or complaint shall be served personally on the defendant or sent to the defendant by 1st class mail. Otherwise, the citation or complaint may be amended only by leave of the court or by written consent of the defendant, upon notice and an opportunity to be heard, at the discretion of the court. At trial, the court may amend a citation or complaint to conform to the evidence. If the court amends the citation or complaint to conform to the evidence, the court shall allow both parties an opportunity to present evidence with respect to the amended citation or complaint.

402,71 Section 71. 800.03 of the statutes is repealed.

402,72 Section 72. 800.035 of the statutes is created to read:

800.035 Initial appearance. (1) A defendant may make an initial appearance in person or by submitting a written response to the citation or complaint except when the judge has required an appearance under s. 800.02 (2) (ag) 4.

(2) If a defendant appears in person, all of the following shall occur:

(a) The court shall, either orally or in writing, do all of the following:

1. Inform the defendant of each charge and explain the range of penalties for each charge.

2. Inform the defendant that he or she may plead guilty, not guilty, or no contest or may request a continuance.

3. Inform the defendant of the right to a jury trial on charges filed under an ordinance in conformity with s. 346.63 (1) or (5).

4. Inform the defendant that if he or she is unable to pay the forfeiture, costs, fees, or surcharges due to poverty, he or she may request an installment payment, community service, or a stay of the judgment.

(b) The defendant shall enter a plea or request a continuance.

(c) If the defendant refuses to enter a plea or request a continuance, the court shall enter a plea of not guilty on the defendant's behalf.

(d) If the defendant pleads guilty or no contest, the court may find the defendant guilty of the offense to which the plea is entered and render judgment as provided under s. 800.09, and then determine if the defendant is unable to pay the judgment because of poverty, as that term is used in s. 814.29 (1) (d).

(e) If the defendant pleads not guilty and a trial is not held immediately, the court shall schedule the case for a pretrial conference under s. 800.045, further proceedings, or trial, at the discretion of the court.

(3) If the defendant submits a written response to the citation or complaint and enters a plea of guilty or no contest, the court shall proceed under sub. (2) (d).

(4) If the defendant submits a written response to the citation or complaint and enters a plea of not guilty, the court shall proceed under sub. (2) (e).

(5) (a) If a defendant is charged with a violation of an ordinance in conformity with s. 346.63 (1) or (5), the municipality may, by ordinance, require the defendant to appear in person before the court.

(b) If a person fails to make a required personal appearance under this subsection and the judge issues an arrest warrant, the law enforcement agency that filed or transmitted the uniform traffic citation shall file a detailed description of the warrant with the department of justice.

(6) In all cases, a defendant may enter a plea of no contest and provide a deposit at any time before the initial appearance.

402,73 Section 73. 800.037 of the statutes is created to read:

800.037 Deposit amount and schedule. The deposit in traffic cases shall be made as provided in s. 345.26. In boating cases, the deposit shall be made as provided in s. 23.66 and 23.67. The municipal court, with the approval of the governing body of the municipality, shall set the deposit schedule for all other cases. The deposit amount in the schedule may not exceed the maximum penalty established by the municipality for the offense, plus costs, fees, and surcharges imposed under ch. 814.

402,74 Section 74. 800.04 (title) of the statutes is repealed.

402,75 Section 75. 800.04 (1) (a) to (c) of the statutes are repealed.

402,76 Section 76. 800.04 (1) (d) of the statutes is renumbered 800.035 (5) (c) and amended to read:

800.035 (5) (c) If a defendant charged with a violation of an ordinance which that is in conformity with s. 346.63 (1) or (5) pleads not guilty and within 10 days after entry of the plea requests a jury trial and pays the required fees, the municipal judge shall promptly transmit all papers and fees in the cause to the clerk of the circuit court of the county where the violation occurred for a jury trial under s. 345.43. The plea of not guilty and request for jury trial may be made by mail in writing. If the person refused to take a test under s. 343.305 (3) and requested a hearing under s. 343.305 (9) to determine if the person's refusal was proper, the papers and fees involved in that action shall be transferred to the same circuit court, which shall conduct the refusal hearing. The amount of deposit set out in the citation shall accompany the mailed request. Upon receipt of the request, the circuit court shall set a time for trial. Any deposit made personally or by mail in writing is forfeited upon nonappearance at the time set for trial. The required fee for a jury is prescribed in s. 814.61 (4).

402,77 Section 77. 800.04 (1) (e) of the statutes is repealed.

402,78 Section 78. 800.04 (1) (f) of the statutes is repealed.

402,79 Section 79. 800.04 (2) (a) of the statutes is renumbered 800.035 (7) (a).