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1999 - 2000 LEGISLATURE
SENATE AMENDMENT 1,
TO 1999 ASSEMBLY BILL 335
February 3, 2000 - Offered by Committee on Judiciary and Consumer Affairs.
AB335-SA1,1,11 At the locations indicated, amend the bill as follows:
AB335-SA1,1,2 21. Page 3, line 19: after that line insert:
AB335-SA1,1,3 3" Section 4m. 800.04 (1) (d) of the statutes is amended to read:
AB335-SA1,2,34 800.04 (1) (d) If a defendant charged with the violation of an ordinance which
5is in conformity with s. 346.63 (1) or (5) pleads not guilty and within 10 days after
6entry of the plea requests a jury trial and pays the required fees, the municipal judge
7shall promptly transmit all papers and fees in the cause to the clerk of the circuit
8court of the county where the violation occurred for a jury trial under s. 345.43. The
9plea of not guilty and request for jury trial may be made by mail. If the person refused
10to take a test under s. 343.305 (3) and requested a hearing under s. 343.305 (9) to
11determine if the person's refusal was proper, the papers and fees involved in that
12action shall be transferred to the same circuit court, which shall conduct the refusal
13hearing.
The amount of deposit set out in the citation shall accompany the mailed

1request. Upon receipt of the request, the circuit court shall set a time for trial. Any
2deposit made personally or by mail is forfeited upon nonappearance at the time set
3for trial. The required fee for a jury is prescribed in s. 814.61 (4).
AB335-SA1, s. 4r 4Section 4r. 800.07 of the statutes is amended to read:
AB335-SA1,2,12 5800.07 Discovery in municipal court. Neither party is entitled to pretrial
6discovery in any action in municipal court, including refusal hearings held by a
7municipal court under s. 343.305 (9)
, except that if the defendant moves within 30
8days after the initial appearance in person or by an attorney and shows cause
9therefor, the court may order that the defendant be allowed to inspect documents,
10including lists of names and addresses of witnesses, if available, and to test under
11s. 804.09, under such conditions as the court prescribes, any devices used by the
12plaintiff to determine whether a violation has been committed.".
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