Amendment SA12-SB313

LRBa1218/1

GMM:kmg:ijs

1997 - 1998 LEGISLATURE

SENATE AMENDMENT 12, TO 1997 SENATE BILL 313

November 19, 1997 - Offered by Senator Shibilski.

SB313-SA12,1,1 At the locations indicated, amend the bill as follows:

SB313-SA12,1,4 1. Page 1, line 6: after "products" insert ", imposing joint and several liability on the parent of an underage person who purchases or possesses cigarettes or tobacco products and providing a penalty".

SB313-SA12,1,5 2. Page 5, line 7: after that line insert:

SB313-SA12,1,7 " Section 8k. 895.035 (2m) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB313-SA12,2,9 895.035 (2m) (b) If a child or a parent fails to pay a forfeiture or surcharge as ordered by a court assigned to exercise jurisdiction under chs. 48 and 938 or a forfeiture as ordered by a municipal court, if a child fails to pay a surcharge as ordered by a court assigned to exercise jurisdiction under chs. 48 and 938 or if it appears likely that the child or parent will not pay the forfeiture or surcharge as ordered, the representative of the public interest under s. 938.09, the agency, as defined in s. 938.38 (1) (a), supervising the child or the law enforcement agency that issued the citation to the child may petition the court assigned to exercise jurisdiction under chs. 48 and 938 to order that the amount of the forfeiture or surcharge unpaid by the child be entered and docketed as a judgment against the child and the parent with custody of the child and in favor of the county or appropriate municipality. A petition under this paragraph may be filed after the expiration of the dispositional order or sentence under which the forfeiture or surcharge is payable, but no later than one year after the expiration of the dispositional order or sentence or any extension of the dispositional order or sentence.

SB313-SA12, s. 8L Section 8L. 895.035 (6) of the statutes is amended to read:

SB313-SA12,2,16 895.035 (6) Any recovery of restitution under this section shall be reduced by the amount recovered as restitution for the same act under s. 938.245, 938.32, 938.34 (5) or 938.343 (4). Any recovery of a forfeiture under this section shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.343 (2) or 938.45 (1r). Any recovery of a surcharge under this section shall be reduced by the amount recovered as a surcharge under s. 938.34 (8d).

SB313-SA12, s. 8r Section 8r. 938.343 (2) of the statutes is amended to read:

SB313-SA12,3,6 938.343 (2) Impose a forfeiture not to exceed the maximum forfeiture that may be imposed on an adult for committing that violation or, if the violation is only applicable to a person under 18 years of age, $50. Any such order shall include a finding that the juvenile alone is financially able to pay and shall allow up to 12 months for the payment. If a juvenile fails to pay the forfeiture, the court may suspend any license issued under ch. 29 or suspend the juvenile's operating privilege as defined in s. 340.01 (40), for not less than 30 days nor more than 5 years. The court shall immediately take possession of the suspended license and forward it to the department which issued the license, together with the notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which will thereupon return the license to the person. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.45 (1r).".

SB313-SA12,3,7 3. Page 5, line 12: after that line insert:

SB313-SA12,3,8 " Section 9g. 938.45 (1r) of the statutes is created to read:

SB313-SA12,3,17 938.45 (1r) In a proceeding on a violation of s. 938.983 (2) or an ordinance enacted under s. 938.983 (5) in which the court has determined under s. 938.343 (2) that the imposition of a forfeiture would be in the best interest of the juvenile and in aid of rehabilitation, the court may order a parent who has custody, as defined in s. 895.035 (1), of the juvenile to pay the forfeiture. Any order under this subsection shall include a finding that the parent who has custody of the juvenile is financially able to pay the amount ordered and shall allow up to 12 months after the date of the order for the payment. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.343 (2).

SB313-SA12, s. 9k Section 9k. 938.45 (2) of the statutes is amended to read:

SB313-SA12,4,4 938.45 (2) No order under sub. (1) (a) or , (1m) (a) or (1r) may be entered until the person who is the subject of the contemplated order is given an opportunity to be heard on the contemplated order. The court shall cause notice of the time, place and purpose of the hearing to be served on the person personally at least 10 days before the date of hearing. The procedure in these cases shall, as far as practicable, be the same as in other cases in the court. At the hearing the person may be represented by counsel and may produce and cross-examine witnesses. Any person who fails to comply with any order issued by a court under sub. (1) (a) or, (1m) (a) or (1r) may be proceeded against for contempt of court. If the person's conduct involves a crime, the person may be proceeded against under the criminal law.".

SB313-SA12,4,6 4. Page 5, line 20: after "(5)" insert "and an order under s. 938.45 (1r) applies to the parents of those persons".

SB313-SA12,4,8 5. Page 7, line 3: delete "938.343 (11)" and substitute "895.035 (2m) (b) and (6), 938.343 (2) and (11), 938.45 (1r) and (2)".

SB313-SA12,4,9 (End)