2009 Wisconsin Act 402

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402,74 Section 74. 800.04 (title) of the statutes is repealed.

402,75 Section 75. 800.04 (1) (a) to (c) of the statutes are repealed.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402,77 Section 77. 800.04 (1) (e) of the statutes is repealed.

402,78 Section 78. 800.04 (1) (f) of the statutes is repealed.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

402,80 Section 80. 800.04 (2) (b) of the statutes is renumbered 800.035 (7) (b) and amended to read:

800.035 (7) (b) If the municipal judge determines that the defendant should not be released under par. (a) and the defendant is charged with a traffic or boating violation, the municipal judge shall release the defendant on a deposit in the amount established by the uniform deposit schedule under s. 345.26 (2) (a) or under s. 23.66. For other violations, the municipal judge shall establish a deposit in an amount not to exceed the maximum penalty for the offense, plus costs, fees, and surcharges imposed under ch. 814 for the violation. If the judge in a 1st class city determines that a defendant appearing before the judge through interactive video and audio transmission should not be released under par. (a), the judge shall inform the defendant that he or she has the right to appear personally before a judge for a determination, not prejudiced by the first appearance, as to whether he or she should be released without a deposit. On failure of the defendant to make a deposit under this paragraph, he or she may be committed to jail pending trial, for not more than 48 hours, only if the judge finds that there is a reasonable basis to believe the person will not appear in court.

402,81 Section 81. 800.04 (2) (c) of the statutes is renumbered 800.035 (8) and amended to read:

800.035 (8) If the defendant has made a deposit under par. (b) or s. 800.03 and does not appear, but has made a deposit in the amount set for the violation, he or she is deemed to have tendered a plea of no contest and submits to a forfeiture, plus costs, fees, and surcharges imposed under ch. 814, not exceeding the amount of the deposit. The court may impose any other penalties allowed by law. The court may either accept the plea of no contest and enter judgment accordingly, or reject the plea and issue a summons. If the court finds that the violation meets the conditions in s. 800.093 (1), the court may summon the alleged violator into court to determine if restitution shall be ordered under s. 800.093. If the defendant fails to appear in response to the summons, the court shall may issue a warrant under s. 968.09. If the defendant has made a deposit but does appear, the court shall allow the defendant to withdraw the plea of no contest.

402,82 Section 82. 800.04 (2m) of the statutes is renumbered 800.035 (9) and amended to read:

800.035 (9) If a defendant does not appear at the initial appearance and has not made a deposit in the amount set for the violation, upon proof of jurisdiction under s. 800.01 (2), the court may issue a warrant to bring the defendant before the court. Upon proof of personal service of the summons or citation under s. 800.01 (1), or upon proof of service of the summons or citation under s. 801.11 (1) (b), the court may either enter a default judgment by reason of the failure of a defendant to respond to a citation under s. 800.02 (2) (a) or a summons under s. 800.02 (4) under s. 800.09 or issue a warrant or summons to bring the defendant before the court. If a warrant is issued for a defendant under this subsection, the defendant may be detained in jail, for not more than 48 hours, prior to the initial appearance.

402,83 Section 83. 800.04 (3) of the statutes is repealed.

402,84 Section 84. 800.04 (4) of the statutes is repealed.

402,85 Section 85. 800.04 (5) of the statutes is repealed.

402,86 Section 86. 800.045 of the statutes is created to read:

800.045 Pretrial conferences. (1) The municipal judge may schedule a pretrial conference. Upon agreement of the parties, the parties may waive a pretrial conference.

(2) If the defendant does not appear at the pretrial conference, the court may proceed under s. 800.035 (8) or (9).

(3) If the parties reach an agreement, the agreement shall be submitted to the court for the court's approval. If an agreement is not reached, or if the court does not approve an agreement, the court shall schedule the action for further proceedings.

402,87 Section 87. 800.05 (title) of the statutes is amended to read:

800.05 (title) Substitution or disqualification of municipal judge.

402,88 Section 88. 800.05 (1) of the statutes is amended to read:

800.05 (1) In cases specified in s. 800.02 (1), a person charged with a violation A defendant may file a written request for a substitution of a new judge for the municipal judge assigned to the trial of that case. The written request shall be filed not later than 7 days after the initial appearance in person or by an attorney. The municipal judge against whom a request has been filed may set initial bail and accept a plea of not guilty.

402,89 Section 89. 800.05 (2) of the statutes is repealed.

402,90 Section 90. 800.05 (3) of the statutes is amended to read:

800.05 (3) In municipal court, upon Upon receipt of the written request under sub. (1), the original judge shall have no further jurisdiction in the case except as provided in sub. (1) and except to determine if the request was made timely and in proper form. If Upon such a determination, or if no determination is made within 7 days, the court shall refer transfer the matter to the chief judge of the judicial administrative district for the determination and reassignment of the action as necessary. If the request is determined to be proper, the case shall be transferred as provided in s. 751.03 (2). Upon transfer, the municipal judge shall immediately transmit to the appropriate court all the papers records in the action and the action shall proceed as if it had been commenced in that court. Upon receipt of the records, the new judge shall specify the court's location in which the case will be heard. In all such cases, the parties shall remain the same, the prosecutor of the transferring court shall be responsible for prosecution in the new court, and the judgment, if any, shall be payable to the transferring court.

402,91 Section 91. 800.05 (4) of the statutes is renumbered 800.05 (4) (b).

402,92 Section 92. 800.05 (4) (a) of the statutes is created to read:

800.05 (4) (a) If a new judge is assigned to the trial of the action, and the defendant has not exercised the right to substitute an assigned judge, a written request for the substitution of the new judge may be filed within 7 days after the giving of actual notice or sending of the notice of assignment to the defendant or the defendant's attorney. If the notice occurs within 48 hours of the trial, or if there has been no notification, the defendant may make an oral or written request for substitution prior to the commencement of the proceedings.

402,93 Section 93. 800.05 (5) of the statutes is created to read:

800.05 (5) If the municipal judge disqualifies himself or herself under s. 757.19 or SCR 60.04, the case shall be transferred under sub. (3).

402,94 Section 94. 800.06 (1) of the statutes is repealed and recreated to read:

800.06 (1) If any municipal judge is to be temporarily absent or is sick or disabled, the municipal judge may, by written request, subject to the order of the chief judge of the judicial administrative district, designate another municipal judge from any municipality within the state to perform his or her duties for a period not to exceed 30 days.

402,95 Section 95. 800.06 (2) of the statutes is amended to read:

800.06 (2) If any municipal judge is incompetent, unable or fails to act, s. 751.03 (2) applies. The parties and their attorneys shall be notified of the transfer to another judge or to circuit court prior to trial. The judge designated or the circuit court to which the case is transferred may, while in possession of the court record, issue execution upon or give a certified transcript of any unsatisfied judgment appearing in the record.

402,96 Section 96. 800.06 (3) of the statutes is amended to read:

800.06 (3) Notwithstanding s. 751.03 (2), if there is a permanent vacancy in the office of municipal judge, the chief judge of the judicial administrative district may, upon request by the municipal governing body, designate another municipal judge to perform the duties of the office until the municipal governing body fills the vacancy by temporary appointment under s. 8.50 (4) (fm). The chief judge of the 1st judicial administrative district may designate a municipal judge under this subsection from any municipality within the state. The chief judge of a judicial administrative district other than the 1st judicial administrative district may designate a municipal judge under this subsection from any municipality within the same judicial administrative district as the chief judge. The municipal judge designated under this subsection may exercise all of the authority of the municipal court to which he or she is assigned.

402,97 Section 97. 800.065 (title) of the statutes is amended to read:

800.065 (title) Temporary reserve Reserve municipal judges; service.

402,98 Section 98. 800.065 (1) of the statutes is amended to read:

800.065 (1) Definitions. In this section, "temporary reserve municipal judge" means a former municipal judge for a municipal court for any municipality within the judicial administrative district who has complied with s. 755.03 and is appointed by the chief judge of that the former municipal judge's judicial administrative district to perform such specified duties on a day-by-day basis as the chief judge may direct.

402,99 Section 99. 800.065 (3) of the statutes is amended to read:

800.065 (3) Compensation. Notwithstanding s. 755.04, temporary reserve municipal judges under this section shall receive compensation in an amount agreed to by contract between the municipality and the temporary reserve municipal judge. The judge may not serve until the contract is entered into and the judge has complied with s. 755.03.

402,100 Section 100. 800.065 (4) of the statutes is amended to read:

800.065 (4) Training. All persons serving as temporary reserve municipal judges under this section are subject to s. 755.18.

402,101 Section 101. 800.07 of the statutes is amended to read:

800.07 Neither party is entitled to pretrial discovery in any action in municipal court, including refusal hearings held by a municipal court under s. 343.305 (9), except that if the defendant moves for pretrial discovery within 30 days after the initial appearance in person or by an attorney and shows cause therefor, the court may order that the defendant be allowed to inspect documents, including lists of names and addresses of witnesses, if available, and to test under s. 804.09, under such conditions as the court prescribes, any devices used by the plaintiff to determine whether a violation has been committed. The defendant may move for pretrial discovery at any other time upon a showing of cause for that discovery.

402,102 Section 102. 800.08 (1) of the statutes is amended to read:

800.08 (1) In a At trial before a municipal court, the municipality may the plaintiff shall provide a prosecutor who is an attorney authorized or licensed to practice law in this state. The municipality plaintiff shall first offer evidence in support of the citation or complaint. The defendant may offer evidence after the municipality plaintiff has rested. If the municipality plaintiff and the defendant have offered evidence upon the citation or complaint, the parties may then respectively offer rebuttal testimony only, unless the court permits them to offer evidence upon their original case. Both parties shall have the opportunity to question all witnesses.

402,103 Section 103. 800.08 (2) (a) of the statutes is amended to read:

800.08 (2) (a) Before testifying in a municipal court, every witness shall be required to declare that he or she will testify truthfully, by oath or affirmation administered in a form calculated to awaken his or her conscience and impress the witness with the duty to testify truthfully.

402,104 Section 104. 800.08 (2) (b) of the statutes is amended to read:

800.08 (2) (b) The oath may be administered by the municipal judge or his or her designee substantially in the following form: Do you solemnly swear that the testimony you shall give in this matter shall be the truth, the whole truth and nothing but the truth, so help you God.

402,105 Section 105. 800.08 (3) of the statutes is amended to read:

800.08 (3) The standard of proof for conviction of any person charged with violation of any municipal ordinance, bylaw or resolution specified in s. 800.02 (1) shall be evidence that is clear, is satisfactory, and convincing convinces the judge to a reasonable certainty.

402,106 Section 106. 800.08 (4) of the statutes is amended to read:

800.08 (4) Except as provided in s. 938.17 (2) (h) 3., municipal courts the court shall be bound by the rules of evidence specified in chs. 901 to 911.

402,107 Section 107. 800.085 of the statutes is created to read:

800.085 Telephone and audiovisual proceedings. At any proceeding under this chapter, a party, witness, or interpreter may appear by telephone or by audiovisual means if any of the following apply:

(1) The parties so stipulate and the court approves.

(2) The court finds good cause after considering the factors under s. 807.13 (2) (c).

402,108 Section 108. 800.09 (title) of the statutes is amended to read:

800.09 (title) Judgment; failure to appear; plea of guilty.

402,109 Section 109. 800.09 (1) (intro.) of the statutes is renumbered 800.09 (1b) (intro.) and amended to read:

800.09 (1b) Judgment. (intro.) If a municipal the court finds a defendant guilty, it the court may render judgment by ordering restitution under s. 800.093 and payment of a any of the following:

(a) A forfeiture, plus costs, fees, and surcharges imposed under ch. 814.

(1d) The court shall apply any payment received on a judgment that includes restitution to first satisfy any payment of restitution ordered, then to pay the forfeiture, costs, fees, and surcharges. If the judgment is not paid, the court may proceed under par. (a), (b), or (c) or any combination of those paragraphs, as follows:

402,110 Section 110. 800.09 (1) (a) of the statutes, as affected by 2009 Wisconsin Act 17, is renumbered 800.09 (1g) and amended to read:

800.09 (1g) The court may defer payment of any judgment or provide for installment payments. At the time that the judgment is rendered, the court shall inform the defendant, orally and in writing, of the date by which restitution and the payment of the forfeiture, plus costs, fees, and surcharges imposed under ch. 814, must be made, and of the possible consequences of failure to do so in timely fashion, including imprisonment, as provided in s. 800.095, or suspension of the defendant's motor vehicle operating privilege, as provided in par. sub. (1b) (c), if applicable. In addition, the court shall inform the defendant, orally and in writing, that the defendant should notify the court if he or she is unable to pay the judgment because of poverty, as that term is used in s. 814.29 (1) (d), and that he or she may request community service in lieu of payment of the judgment. If the defendant is not present, the court shall ensure that the information is sent to the defendant by mail. If the defendant is present and the court, using the criteria in s. 814.29 (1) (d), determines that the defendant is unable to pay the judgment because of poverty, the court shall provide the defendant with an opportunity to pay the judgment in installments, taking into account the defendant's income, or to perform community service in lieu of payment of the judgment. In 1st class cities, all of the written information required by this paragraph subsection shall be printed in English and Spanish and provided to each defendant.

402,111 Section 111. 800.09 (1) (b) of the statutes is renumbered 800.09 (1j) and amended to read:

800.09 (1j) If the court orders the defendant agrees to perform community service work in lieu of making restitution or of paying the forfeiture, assessments surcharges, fees and costs, or both, the court may order that the defendant perform community service work for a public agency or a nonprofit charitable organization that is designated approved by the court and agreed to by the public agency or nonprofit charitable organization. Community service work may be in lieu of restitution only if also agreed to by the public agency or nonprofit charitable organization and by the person to whom restitution is owed. The court may utilize any available resources, including any community service work program, in ordering the defendant to perform community service work. The number of hours of community service work required may not exceed the number determined by dividing the amount owed on the forfeiture by the minimum wage established under ch. 104 for adults in nonagriculture, nontipped employment. The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored.

402,112 Section 112. 800.09 (1) (c) of the statutes is repealed.

402,113 Section 113. 800.09 (1b) (b), (c), (d) and (e) of the statutes are created to read:

800.09 (1b) (b) Community service work.

(c) An operating privilege suspension or revocation if authorized by law.

(d) Other dispositions authorized by law.

(e) For juveniles, dispositions authorized under s. 938.17 (2).

402,114 Section 114. 800.09 (2) of the statutes is repealed.

402,115 Section 115. 800.093 (1) (intro.) of the statutes is amended to read:

800.093 (1) (intro.) The municipal court, in addition to ordering any payment authorized by law, may order a defendant to make full or partial restitution under this section to any victim or, if the victim is deceased, to his or her estate if the court finds all of the following:

402,116 Section 116. 800.093 (1) (a) of the statutes is amended to read:

800.093 (1) (a) The defendant is guilty of violating an a nontraffic ordinance that prohibits conduct that is the same as or similar to conduct prohibited by state statute punishable by fine or imprisonment or both or an ordinance authorizing restitution under s. 346.65 (2r).

402,117 Section 117. 800.093 (2) of the statutes is amended to read:

800.093 (2) Restitution ordered under this section is enforceable in a civil action by the victim named in the order to receive restitution. A court may not order a defendant to pay more than $4,000 the amount specified in s. 799.01 (1) (d) in restitution under this section. This $4,000 limit does not apply to restitution ordered for violation of an ordinance that prohibits conduct that is the same as or similar to the conduct prohibited by s. 943.24 or 943.50.