Amendment SA1-SSA1-SB39

LRBa1659/1

TNF:jlg:lp

1997 - 1998 LEGISLATURE

SENATE AMENDMENT 1, TO SENATE SUBSTITUTE AMENDMENT 1, TO 1997 SENATE BILL 39

February 12, 1998 - Offered by Senators Rude and Drzewiecki.

SB39-SSA1-SA1,1,1 At the locations indicated, amend the substitute amendment as follows:

SB39-SSA1-SA1,1,2 1. Page 5, line 20: after that line insert:

SB39-SSA1-SA1,1,4 " Section 8r. 345.26 (1) (b) 1. of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB39-SSA1-SA1,2,2 345.26 (1) (b) 1. If the person makes a deposit for a violation of a traffic regulation, the person need not appear in court at the time fixed in the citation, and the person will be deemed to have tendered a plea of no contest and submitted to a forfeiture and a penalty assessment, if required by s. 165.87, a jail assessment, if required by s. 302.46 (1), a railroad crossing improvement assessment, if required by s. 346.495 or 346.65 (4r), and a crime laboratories and drug law enforcement assessment, if required by s. 165.755, plus any applicable fees prescribed in ch. 814, not to exceed the amount of the deposit that the court may accept as provided in s. 345.37; and

SB39-SSA1-SA1, s. 8rb Section 8rb. 345.26 (2) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB39-SSA1-SA1,2,9 345.26 (2) (b) In addition to the amount in par. (a), the deposit shall include court costs, including any applicable fees prescribed in ch. 814, any applicable penalty assessment, any applicable jail assessment, any applicable railroad crossing improvement assessment and any applicable crime laboratories and drug law enforcement assessment.

SB39-SSA1-SA1, s. 8rd Section 8rd. 345.36 (2) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB39-SSA1-SA1,2,24 345.36 (2) (b) Deem the nonappearance a plea of no contest and enter judgment accordingly. If the defendant has posted bond for appearance at that date, the court may also order the bond forfeited. The court shall promptly mail a copy of the judgment to the defendant. The judgment shall allow not less than 20 days from the date thereof for payment of any forfeiture, penalty assessment, jail assessment, railroad crossing improvement assessment, crime laboratories and drug law enforcement assessment and costs imposed. If the defendant moves to open the judgment within 20 days after the date set for trial, and shows to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise or excusable neglect, the court shall open the judgment, reinstate the not guilty plea and set a new trial date. The court may impose costs under s. 814.07. The court shall immediately notify the department to delete the record of conviction based upon the original judgment.

SB39-SSA1-SA1, s. 8rf Section 8rf. 345.37 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB39-SSA1-SA1,3,17 345.37 (1) (b) Deem the nonappearance a plea of no contest and enter judgment accordingly. If the defendant has posted bond for appearance at that date, the court may also order the bond forfeited. The court shall promptly mail a copy or notice of the judgment to the defendant. The judgment shall allow not less than 20 days from the date thereof for payment of any forfeiture, penalty assessment, railroad crossing improvement assessment, crime laboratories and drug law enforcement assessment and costs imposed. If the defendant moves to open the judgment within 6 months after the court appearance date fixed in the citation, and shows to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise or excusable neglect, the court shall open the judgment, accept a not guilty plea and set a trial date. The court may impose costs under s. 814.07. The court shall immediately notify the department to delete the record of conviction based upon the original judgment. If the offense involved is a nonmoving traffic violation and the defendant is subject to s. 345.28 (5) (c), a default judgment may be entered and opened as provided in s. 345.28 (5) (c).

SB39-SSA1-SA1, s. 8rg Section 8rg. 345.37 (2) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB39-SSA1-SA1,4,11 345.37 (2) If the defendant has made a deposit under s. 345.26, the citation may serve as the initial pleading and the defendant shall be deemed to have tendered a plea of no contest and submitted to a forfeiture and a penalty assessment, if required by s. 165.87, a jail assessment, if required by s. 302.46 (1), a railroad crossing improvement assessment, if required by s. 346.495 or 346.65 (4r), and a crime laboratories and drug law enforcement assessment, if required by s. 165.755, plus costs, including any applicable fees prescribed in ch. 814, not exceeding the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly, or reject the plea and issue a summons under ch. 968. If the defendant fails to appear in response to the summons, the court shall issue a warrant under ch. 968. If the court accepts the plea of no contest, the defendant may move within 6 months after the date set for the appearance to withdraw the plea of no contest, open the judgment and enter a plea of not guilty upon a showing to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise or excusable neglect. If on reopening the defendant is found not guilty, the court shall immediately notify the department to delete the record of conviction based on the original proceeding and shall order the defendant's deposit returned.

SB39-SSA1-SA1, s. 8rh Section 8rh. 345.37 (5) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB39-SSA1-SA1,4,20 345.37 (5) Within 5 working days after forfeiture of deposit or entry of default judgment, the official receiving the forfeiture, the penalty assessment, if required by s. 165.87, the jail assessment, if required by s. 302.46 (1), the railroad crossing improvement assessment, if required by s. 346.495 or 346.65 (4r), and the crime laboratories and drug law enforcement assessment, if required by s. 165.755, shall forward to the department a certification of the entry of default judgment or a judgment of forfeiture.

SB39-SSA1-SA1, s. 8rj Section 8rj. 345.47 (1) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB39-SSA1-SA1,5,5 345.47 (1) (intro.) If the defendant is found guilty, the court may enter judgment against the defendant for a monetary amount not to exceed the maximum forfeiture, penalty assessment, if required by s. 165.87, the jail assessment, if required by s. 302.46 (1), the railroad crossing improvement assessment, if required by s. 346.495 or 346.65 (4r), and the crime laboratories and drug law enforcement assessment, if required by s. 165.755, provided for the violation and for costs under s. 345.53 and, in addition, may suspend or revoke his or her operating privilege under s. 343.30. If the judgment is not paid, the court shall order:

SB39-SSA1-SA1, s. 8rk Section 8rk. 345.47 (1) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB39-SSA1-SA1,5,16 345.47 (1) (b) In lieu of imprisonment and in addition to any other suspension or revocation, that the defendant's operating privilege be suspended for 30 days or until the person pays the forfeiture, the penalty assessment, if required by s. 165.87, the jail assessment, if required by s. 302.46 (1), the railroad crossing improvement assessment, if required by s. 346.495 or 346.65 (4r), and the crime laboratories and drug law enforcement assessment, if required by s. 165.755, but not to exceed 5 years. Suspension under this paragraph shall not affect the power of the court to suspend or revoke under s. 343.30 or the power of the secretary to suspend or revoke the operating privilege.

SB39-SSA1-SA1, s. 8rm Section 8rm. 345.47 (1) (c) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB39-SSA1-SA1,6,8 345.47 (1) (c) If a court or judge suspends an operating privilege under this section, the court or judge shall immediately take possession of the suspended license and shall forward it to the department together with the notice of suspension, which shall clearly state that the suspension was for failure to pay a forfeiture, a penalty assessment, if required by s. 165.87, a jail assessment, if required by s. 302.46 (1), a railroad crossing improvement assessment, if required by s. 346.495 or 346.65 (4r), and a crime laboratories and drug law enforcement assessment, if required by s. 165.755, imposed by the court. The notice of suspension and the suspended license, if it is available, shall be forwarded to the department within 48 hours after the order of suspension. If the forfeiture, penalty assessment, jail assessment , railroad crossing improvement assessment and crime laboratories and drug law enforcement assessment are paid during a period of suspension, the court or judge shall immediately notify the department. Upon receipt of the notice and payment of the reinstatement fee under s. 343.21 (1) (j), the department shall return the surrendered license.

SB39-SSA1-SA1, s. 8rp Section 8rp. 345.47 (2) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB39-SSA1-SA1,6,16 345.47 (2) The payment of any judgment may be suspended or deferred for not more than 60 days in the discretion of the court. In cases where a deposit has been made, any forfeitures, penalty assessments, jail assessments, railroad crossing improvement assessments, crime laboratories and drug law enforcement assessments and costs shall be taken out of the deposit and the balance, if any, returned to the defendant.

SB39-SSA1-SA1, s. 8rr Section 8rr. 345.47 (3) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB39-SSA1-SA1,6,23 345.47 (3) When a defendant is imprisoned for nonpayment of a forfeiture, a penalty assessment, a jail assessment, a railroad crossing improvement assessment or a crime laboratories and drug law enforcement assessment for an action brought by a municipality located in more than one county, any commitment to a county institution shall be to the county in which the action was tried.

SB39-SSA1-SA1, s. 8rt Section 8rt. 345.49 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB39-SSA1-SA1,7,10 345.49 (1) Any person imprisoned under s. 345.47 for nonpayment of a forfeiture, a penalty assessment, if required by s. 165.87, a jail assessment, if required by s. 302.46 (1), a railroad crossing improvement assessment, if required by s. 346.495 or 346.65 (4r), or a crime laboratories and drug law enforcement assessment, if required by s. 165.755, may, on request, be allowed to work under s. 303.08. If the person does work, earnings shall be applied on the unpaid forfeiture, penalty assessment, jail assessment, railroad crossing improvement assessment or crime laboratories and drug law enforcement assessment after payment of personal board and expenses and support of personal dependents to the extent directed by the court.

SB39-SSA1-SA1, s. 8rw Section 8rw. 345.49 (2) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB39-SSA1-SA1,8,2 345.49 (2) Any person who is subject to imprisonment under s. 345.47 for nonpayment of a forfeiture, penalty assessment, jail assessment, railroad crossing improvement assessment or crime laboratories and drug law enforcement assessment may be placed on probation to some person satisfactory to the court for not more than 90 days or until the forfeiture, penalty assessment, jail assessment, railroad crossing improvement assessment or crime laboratories and drug law enforcement assessment is paid if that is done before expiration of the 90-day period. The payment of the forfeiture, penalty assessment, jail assessment , railroad crossing improvement assessment or crime laboratories and drug law enforcement assessment during that period shall be a condition of the probation. If the forfeiture, penalty assessment, jail assessment, railroad crossing improvement assessment or crime laboratories and drug law enforcement assessment is not paid or the court deems that the interests of justice require, probation may be terminated and the defendant imprisoned as provided in sub. (1) or s. 345.47.

SB39-SSA1-SA1, s. 8ry Section 8ry. 345.61 (2) (c) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB39-SSA1-SA1,8,18 345.61 (2) (c) "Guaranteed arrest bond certificate" as used in this section means any printed card or other certificate issued by an automobile club, association or insurance company to any of its members or insureds, which card or certificate is signed by the member or insureds and contains a printed statement that the automobile club, association or insurance company and a surety company, or an insurance company authorized to transact both automobile liability insurance and surety business, guarantee the appearance of the persons whose signature appears on the card or certificate and that they will in the event of failure of the person to appear in court at the time of trial, pay any fine or forfeiture imposed on the person, including the penalty assessment required by s. 165.87, the jail assessment required by s. 302.46 (1), the railroad crossing improvement assessment required by s. 346.495 or 346.65 (4r) and the crime laboratories and drug law enforcement assessment required by s. 165.755, in an amount not exceeding $200, or $1,000 as provided in sub. (1) (b).".

SB39-SSA1-SA1,8,19 2. Page 6, line 4: delete "fined" and substitute "required to forfeit".

SB39-SSA1-SA1,8,20 3. Page 6, line 7: on lines 7, 9 and 10, delete "fine" and substitute "forfeiture".

SB39-SSA1-SA1,9,3 4. Page 6, line 12: after " (3)" insert "If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the railroad crossing improvement assessment under this section. If the deposit is forfeited, the amount of the railroad crossing improvement assessment shall be transmitted to the state treasurer under sub. (4). If the deposit is returned, the amount of the railroad crossing improvement assessment shall also be returned.

SB39-SSA1-SA1,9,4 (4)".

SB39-SSA1-SA1,9,5 5. Page 7, line 2: delete "be fined" and substitute "forfeit".

SB39-SSA1-SA1,9,6 6. Page 7, line 4: on lines 4, 6 and 7, delete "fine" and substitute "forfeiture".

SB39-SSA1-SA1,9,13 7. Page 7, line 9: after "(c)" insert "If any deposit is made for an offense to which this subsection applies, the person making the deposit shall also deposit a sufficient amount to include the railroad crossing improvement assessment under this subsection. If the deposit is forfeited, the amount of the railroad crossing improvement assessment shall be transmitted to the state treasurer under par. (d). If the deposit is returned, the amount of the railroad crossing improvement assessment shall also be returned.

SB39-SSA1-SA1,9,14 (d)".

SB39-SSA1-SA1,9,16 8. Page 7, line 19: delete the material beginning with that line and ending with page 11, line 11.

SB39-SSA1-SA1,9,17 (End)