SB55-ASA1-AA1,1146,2120 (b) The person refuses to identify himself or herself satisfactorily or the officer
21has reasonable grounds to believe that the person is supplying false identification.
SB55-ASA1-AA1,1146,2322 (c) Arrest is necessary to prevent imminent bodily harm to the enforcing officer
23or to another.
SB55-ASA1-AA1,1146,25 24(2) In all cases in which a person is arrested under sub. (1) the officer shall bring
25the person arrested before a judge without unnecessary delay.
SB55-ASA1-AA1,1147,9
1278.58 Temporary questioning without arrest. After having identified
2himself or herself as an enforcing officer, an enforcing officer may stop a person in
3a public place for a reasonable period of time when the enforcing officer reasonably
4suspects that the person is committing, is about to commit, or has committed a
5violation specified in s. 278.51 (1). Such a stop may be made only where the enforcing
6officer has proper authority to make an arrest for the violation. The enforcing officer
7may demand the name and address of the person and an explanation of the person's
8conduct. The detention and temporary questioning shall be conducted in the vicinity
9where the person was stopped.
SB55-ASA1-AA1,1147,25 10278.59 Search during temporary questioning. When an enforcing officer
11has stopped a person for temporary questioning under s. 278.58 and reasonably
12suspects that the enforcing officer or another is in danger of physical injury, the
13enforcing officer may search the person for weapons or any instrument, article, or
14substance readily capable of causing physical injury and of a sort not ordinarily
15carried in public places by law abiding persons. If the enforcing officer finds such a
16weapon or instrument, or any other property possession of which he or she
17reasonably believes may constitute the commission of a violation specified in s.
18278.51 (1) or that may constitute a threat to his or her safety, the enforcing officer
19may take it and keep it until the completion of the questioning, at which time he or
20she shall return it, if lawfully possessed, arrest the person so questioned for
21possession of the weapon, instrument, article, or substance, if he or she has the
22authority to do so, or detain the person until a proper arrest can be made by
23appropriate authorities. Searches during temporary questioning as provided under
24this section may only be conducted by those enforcing officers who have the authority
25to make arrests for crimes.
SB55-ASA1-AA1,1148,13
1278.60 Search incident to the issuance of a lawfully issued citation. If
2the enforcing officer has stopped a person to issue a citation under s. 278.62 and
3reasonably suspects that the enforcing officer or another is in danger of physical
4injury, the officer may search the person for weapons or any instrument, article, or
5substance readily capable of causing physical injury and of a sort not ordinarily
6carried in public places by law abiding persons. If the officer finds such a weapon or
7instrument, or any other property possession of which he or she reasonably believes
8may constitute the commission of a violation specified in s. 278.51 (1), or that may
9constitute a threat to his or her safety, the officer may take it and keep it until he or
10she has completed issuing the citation, at which time the officer shall return it, if
11lawfully possessed, arrest the person for possession of the weapon, instrument,
12article, or substance, if he or she has the authority to do so, or detain the person until
13a proper arrest can be made by appropriate authorities.
SB55-ASA1-AA1,1148,16 14278.61 Search and seizure; when authorized. Under this subchapter, a
15search of a person, object, or place may be made and things may be seized when the
16search is made as follows:
SB55-ASA1-AA1,1148,17 17(1) Incident to a lawful arrest.
SB55-ASA1-AA1,1148,18 18(2) With consent.
SB55-ASA1-AA1,1148,19 19(3) Pursuant to a valid search warrant.
SB55-ASA1-AA1,1148,20 20(4) With the authority and within the scope of a right of lawful inspection.
SB55-ASA1-AA1,1148,22 21(5) Incident to the issuance of a lawfully issued citation in accordance with s.
22278.60.
SB55-ASA1-AA1,1148,23 23(6) During an authorized temporary questioning under s. 278.59.
SB55-ASA1-AA1,1148,24 24(7) As otherwise authorized by law.
SB55-ASA1-AA1,1149,4
1278.62 Issuance of a citation. (1) Whenever an enforcing officer has
2probable cause to believe that a person subject to his or her authority is committing
3or has committed a violation of those statutes specified in s. 278.51 (1), the officer
4may proceed in the following manner:
SB55-ASA1-AA1,1149,75 (a) Issue a citation to the defendant in the form specified in s. 278.54, a copy
6of which shall be filed with the clerk of courts in the county where the violation was
7committed.
SB55-ASA1-AA1,1149,88 (b) Proceed, in proper cases, under s. 278.56 or 278.57.
SB55-ASA1-AA1,1149,109 (c) Bring the information to the district attorney so that he or she may proceed
10under s. 278.65.
SB55-ASA1-AA1,1149,15 11(2) A citation under this subchapter may be issued or served anywhere in the
12state by delivering a copy to the defendant personally, by leaving a copy at the
13defendant's usual place of abode with a person of discretion residing therein, or by
14mailing a copy to the defendant's last-known address. The citation shall be issued
15or served by a law enforcement officer.
SB55-ASA1-AA1,1149,19 16278.63 Officer's action after issuance of citation. (1) After an enforcing
17officer has issued a citation under this subchapter, the officer shall release the
18defendant if he or she makes a deposit under s. 278.66 or a deposit and stipulation
19of no contest under s. 278.67.
SB55-ASA1-AA1,1149,21 20(2) If sub. (1) does not apply, an enforcing officer who issues a citation under
21this subchapter may release the defendant.
SB55-ASA1-AA1,1149,23 22(3) An enforcing officer who issues a citation under this subchapter shall
23proceed under s. 278.57, if the defendant is not released.
SB55-ASA1-AA1,1150,2 24278.64 Deposit after release. A person who is released under s. 278.63 (2)
25may make a deposit any time prior to the court appearance date. The person shall

1make the deposit with the clerk of the circuit court of the county in which the
2violation occurred.
SB55-ASA1-AA1,1150,5 3278.65 Issuance of complaint and summons. (1) When it appears to the
4district attorney that a violation specified in s. 278.51 (1) has been committed the
5district attorney may proceed by complaint and summons.
SB55-ASA1-AA1,1150,9 6(2) The complaint shall be prepared in the form specified in s. 278.55. After
7a complaint is prepared, it shall be filed with the judge and a summons shall be
8issued or the complaint shall be dismissed pursuant to s. 968.03. The filing
9commences the action.
SB55-ASA1-AA1,1150,14 10(3) If a district attorney refuses or is unavailable to issue a complaint, a circuit
11judge, after conducting a hearing, may permit the filing of a complaint if he or she
12finds there is probable cause to believe that the person charged has committed a
13violation specified in s. 278.51 (1) or a rule promulgated thereunder. The district
14attorney shall be informed of the hearing and may attend.
SB55-ASA1-AA1,1150,16 15278.66 Deposit. (1) If under the procedure in s. 278.62 a person is cited or
16arrested, the person may make a deposit as follows:
SB55-ASA1-AA1,1150,2017 (a) By mailing the amount of money the enforcing officer directs and a copy of
18the citation to the office of the clerk of circuit courts in the county where the offense
19allegedly occurred or by going to the office of the clerk of circuit courts, the office of
20the sheriff, or any city, village, or town police headquarters.
SB55-ASA1-AA1,1151,421 (b) If the enforcing officer permits, by placing the amount of money the
22enforcing officer directs in a serially numbered envelope addressed to the clerk of
23circuit court in the county where the offense allegedly occurred, sealing the envelope,
24signing a statement on the back of the envelope stating the amount of money
25enclosed, and returning the envelope to the enforcing officer. The enforcing officer

1shall deliver the envelope and a copy of the citation to the office of the clerk of circuit
2court in the county where the offense allegedly occurred. The enforcing officer shall
3note on the face of the citation the serial number of the envelope used in making a
4deposit under this paragraph.
SB55-ASA1-AA1,1151,7 5(1m) The enforcing officer or the person receiving the deposit may allow the
6alleged violator to submit a check, share draft, or other draft for the amount of the
7deposit or make the deposit by use of a credit card.
SB55-ASA1-AA1,1151,21 8(2) The person receiving the deposit shall prepare a receipt in triplicate
9showing the purpose for which the deposit is made, stating that the defendant may
10inquire at the office of the clerk of circuit court regarding the disposition of the
11deposit, and notifying the defendant that if he or she fails to appear in court at the
12time fixed in the citation he or she will be considered to have tendered a plea of no
13contest and submitted to a forfeiture, a penalty assessment, a jail assessment, a
14crime laboratories and drug law enforcement assessment, and any applicable
15environmental assessment, plus costs, including any applicable fees prescribed in
16ch. 814, not to exceed the amount of the deposit that the court may accept. The
17original of the receipt shall be delivered to the defendant in person or by mail. If the
18defendant pays by check, share draft, or other draft, the check, share draft, or other
19draft or a microfilm copy of the check, share draft, or other draft shall be considered
20a receipt. If the defendant makes the deposit by use of a credit card, the credit charge
21receipt shall be considered a receipt.
SB55-ASA1-AA1,1151,24 22(3) If the court does not accept the deposit as a forfeiture for the offense, a
23summons shall be issued. If the defendant fails to respond to the summons, an arrest
24warrant shall be issued.
SB55-ASA1-AA1,1152,7
1(4) The basic amount of the deposit shall be determined in accordance with a
2deposit schedule that the judicial conference shall establish. Annually, the judicial
3conference shall review and may revise the schedule. In addition to the basic amount
4determined according to the schedule, the deposit shall include court costs, including
5any applicable fees prescribed in ch. 814, any applicable penalty assessment, any
6applicable jail assessment, any applicable crime laboratories and drug law
7enforcement assessment, and any applicable environmental assessment.
SB55-ASA1-AA1,1152,10 8278.67 Deposit and stipulation of no contest. (1) If under s. 278.62 a
9person is cited or arrested, the person may make a deposit and stipulation of no
10contest, and submit them in the same manner as the deposit in s. 278.66.
SB55-ASA1-AA1,1152,16 11(2) The deposit and stipulation of no contest may be made at any time prior to
12the court appearance date. By signing the stipulation, the defendant is considered
13to have tendered a plea of no contest and submitted to a forfeiture, a penalty
14assessment, a jail assessment, a crime laboratories and drug law enforcement
15assessment, and any applicable environmental assessment, plus costs, including
16any applicable fees prescribed in ch. 814, not to exceed the amount of the deposit.
SB55-ASA1-AA1,1153,2 17(3) The person receiving the deposit and stipulation of no contest shall prepare
18a receipt in triplicate showing the purpose for which the deposit is made, stating that
19the defendant may inquire at the office of the clerk of circuit court regarding the
20disposition of the deposit, and notifying the defendant that if the stipulation of no
21contest is accepted by the court the defendant will be considered to have submitted
22to a forfeiture, a penalty assessment, a jail assessment, a crime laboratories and drug
23law enforcement assessment, and any applicable environmental assessment, plus
24costs, including any applicable fees prescribed in ch. 814, not to exceed the amount

1of the deposit. Delivery of the receipt shall be made in the same manner as in s.
2278.66.
SB55-ASA1-AA1,1153,5 3(4) If the court does not accept the deposit and stipulation of no contest, a
4summons shall be issued. If the defendant fails to respond to the summons, an arrest
5warrant shall be issued.
SB55-ASA1-AA1,1153,8 6(5) The defendant may, within 10 days after signing the stipulation or at the
7time of the court appearance date, move the court for relief from the effects of the
8stipulation, under s. 278.75 (3) (c).
SB55-ASA1-AA1,1153,12 9278.68 Pleading. The citation or complaint issued under s. 278.62 or 278.65
10may serve as the initial pleading and is adequate process to give the appropriate
11court jurisdiction over the person upon the filing of the citation or complaint with the
12court.
SB55-ASA1-AA1,1153,14 13278.69 Motions. In a case under this subchapter, any motion that is capable
14of determination without the trial of the general issue shall be made before trial.
SB55-ASA1-AA1,1153,19 15278.70 Arraignment; plea. (1) Under this subchapter, if a defendant
16appears in response to a citation or a summons, or is arrested and brought before a
17court with jurisdiction to try the case, the defendant shall be informed that he or she
18is entitled to a jury trial and then asked whether he or she wishes to plead. If the
19defendant wishes to plead, he or she may plead guilty, not guilty, or no contest.
SB55-ASA1-AA1,1153,21 20(2) If the defendant pleads guilty or no contest under sub. (1), the court may
21accept the plea, find the defendant guilty, and proceed under s. 278.78.
SB55-ASA1-AA1,1153,25 22278.71 Not guilty plea; immediate trial. Under this subchapter, if a
23defendant pleads not guilty, states that he or she waives the right to jury trial, and
24wishes an immediate trial and, if the state consents, the case may be tried
25immediately.
SB55-ASA1-AA1,1154,8
1278.72 Not guilty plea. Under this subchapter, if a defendant pleads not
2guilty and the trial is not held under s. 278.71, the court shall set a date for trial or
3advise the defendant that he or she will be notified of the date set for trial. The
4defendant shall be released upon payment of a deposit as set forth in s. 278.66, or the
5court may release the defendant on his or her own recognizance. If a defendant fails
6to appear at the date set under this section, the court may issue a warrant under ch.
7968 and, if the defendant has posted a deposit for appearance at that date, the court
8may order the deposit forfeited.
SB55-ASA1-AA1,1154,14 9278.73 Discovery. In a case under this subchapter, neither party is entitled
10to pretrial discovery except that if the defendant moves within 10 days after the
11alleged violation and shows cause therefor, the court may order that the defendant
12be allowed to inspect and test, under any conditions that the court prescribes, any
13devices used by the plaintiff to determine whether a violation has been committed
14and may inspect the reports of experts relating to those devices.
SB55-ASA1-AA1,1154,16 15278.74 Mode of trial. In a case under this subchapter, all of the following
16apply:
SB55-ASA1-AA1,1154,18 17(1) The defendant shall be informed of the right to a jury trial in circuit court
18on payment of fees required by s. 278.77 (1).
SB55-ASA1-AA1,1154,20 19(2) If both parties request a trial by the court or if neither demands a trial by
20jury, the right to a trial by jury is waived.
SB55-ASA1-AA1,1154,22 21278.75 Proceedings in court. In a case under this subchapter, all of the
22following apply:
SB55-ASA1-AA1,1154,24 23(1) If the defendant appears in court at the time directed in the citation or
24summons, the case shall be tried as provided by law.
SB55-ASA1-AA1,1155,3
1(2) If the defendant fails to appear in court at the time fixed in the complaint
2and summons, judgment may be rendered against the defendant according to the
3demand of the complaint, or the court may issue a warrant for the defendant's arrest.
SB55-ASA1-AA1,1155,5 4(3) If the defendant fails to appear in court at the time fixed in the citation or
5by subsequent postponement, the following procedure shall apply:
SB55-ASA1-AA1,1155,86 (a) 1. If the defendant has not made a deposit, the court may consider the
7nonappearance to be a plea of no contest and enter judgment accordingly or the court
8may issue a summons or an arrest warrant.
SB55-ASA1-AA1,1155,159 2. If the court considers the nonappearance to be a plea of no contest and enters
10judgment accordingly, the court shall promptly mail a copy or notice of the judgment
11to the defendant. The judgment shall allow the defendant not less than 20 working
12days from the date the judgment copy or notice is mailed to pay the forfeiture, penalty
13assessment, jail assessment, crime laboratories and drug law enforcement
14assessment, and any applicable environmental assessment, plus costs, including
15any applicable fees prescribed in ch. 814.
SB55-ASA1-AA1,1156,716 (b) If the defendant has made a deposit, the citation may serve as the initial
17pleading and the defendant shall be considered to have tendered a plea of no contest
18and submitted to a forfeiture, a penalty assessment, a jail assessment, a crime
19laboratories and drug law enforcement assessment, any applicable environmental
20assessment, plus any applicable fees prescribed in ch. 814, not exceeding the amount
21of the deposit. The court may either accept the plea of no contest and enter judgment
22accordingly, or reject the plea and issue a summons. If the defendant fails to appear
23in response to the summons, the court shall issue an arrest warrant. If the court
24accepts the plea of no contest, the defendant may move within 90 days after the date
25set for appearance to withdraw the plea of no contest, open the judgment, and enter

1a plea of not guilty if the defendant shows to the satisfaction of the court that failure
2to appear was due to mistake, inadvertence, surprise, or excusable neglect. If a party
3is relieved from the plea of no contest, the court or judge may order a written
4complaint to be filed and set the matter for trial. After trial the costs and fees shall
5be taxed as provided by law. If on reopening the defendant is found not guilty, the
6court shall delete the record of conviction and shall order the defendant's deposit
7returned.
SB55-ASA1-AA1,1156,238 (c) If the defendant has made a deposit and stipulation of no contest, the
9citation may serve as the initial pleading and the defendant shall be considered to
10have tendered a plea of no contest and submitted to a forfeiture, a penalty
11assessment, a jail assessment, a crime laboratories and drug law enforcement
12assessment, any applicable environmental assessment, plus any applicable fees
13prescribed in ch. 814, not exceeding the amount of the deposit. The court may either
14accept the plea of no contest and enter judgment accordingly, or reject the plea and
15issue a summons. If the defendant fails to appear in response to the summons, the
16court shall issue an arrest warrant. After signing a stipulation of no contest, the
17defendant may, at any time prior to or at the time of the court appearance date, move
18the court for relief from the effect of the stipulation. The court may act on the motion,
19with or without notice, for cause shown by affidavit and upon just terms, and relieve
20the defendant from the stipulation and the effects of the stipulation. If the defendant
21is relieved from the stipulation of no contest, the court may order a citation or
22complaint to be filed and set the matter for trial. After trial the costs and fees shall
23be taxed as provided by law.
SB55-ASA1-AA1,1157,8 24(4) If a citation or summons is issued to a defendant and he or she is unable
25to appear in court on the day specified, the defendant may enter a plea of not guilty

1by mailing to the judge at the address indicated on the citation or summons a letter
2stating that plea. The letter must show the defendant's return address. The letter
3may include a request for trial during normal daytime business hours. Upon receipt
4of the letter, the judge shall reply by letter to the defendant's address setting forth
5a time and place for trial, the time to be during normal business hours if so requested.
6The date of the trial shall be at least 10 days after the mailing by the judge. Nothing
7in this subsection forbids the setting of the trial at any time convenient to all parties
8concerned.
SB55-ASA1-AA1,1157,9 9(5) Costs may not be taxed against the plaintiff.
SB55-ASA1-AA1,1157,12 10278.76 Burden of proof. In all actions under this subchapter, the state must
11convince the trier of fact to a reasonable certainty of every element of the offense by
12evidence that is clear, satisfactory, and convincing.
SB55-ASA1-AA1,1157,17 13278.77 Jury trial. (1) If in an action under this subchapter either party files
14a written demand for a jury trial within 20 days after the court appearance date and
15immediately pays the fee prescribed in s. 814.61 (4), the court shall place the case on
16the jury calendar. The number of jurors shall be determined under s. 756.06 (2) (b).
17If no party demands a trial by jury, the right to trial by jury is permanently waived.
SB55-ASA1-AA1,1157,19 18(3) If there is a demand for a trial by jury, the provisions of s. 345.43 (3) (a) and
19(b) are applicable.
SB55-ASA1-AA1,1157,24 20278.78 Verdict. A verdict is an action under this subchapter is valid if agreed
21to by five-sixths of the jury. If a verdict relates to more than one count, it shall be
22valid as to any count if any five-sixths of the jury agree on that count. The form of
23the verdict shall be guilty or not guilty. The court shall state the amount of the
24forfeiture after a finding of guilty.
SB55-ASA1-AA1,1158,2
1278.79 Judgment. In an action under this subchapter, all of the following
2apply:
SB55-ASA1-AA1,1158,7 3(1) If the defendant is found guilty, the court may enter judgment against the
4defendant for a monetary amount not to exceed the maximum forfeiture provided by
5the statute for the violation, the penalty assessment, the jail assessment, the crime
6laboratories and drug law enforcement assessment, any applicable environmental
7assessment, and costs.
SB55-ASA1-AA1,1158,12 8(2) The payment of any judgment may be suspended or deferred for not more
9than 90 days in the discretion of the court. In cases in which a deposit has been made,
10any forfeitures, penalty assessments, jail assessments, environmental assessments,
11or costs shall be taken out of the deposit and the balance, if any, returned to the
12defendant.
SB55-ASA1-AA1,1158,17 13(3) In addition to any monetary penalties, the court may order the defendant
14to perform or refrain from performing any acts that may be necessary to fully protect
15and effectuate the public interest. The court may order abatement of a nuisance,
16restoration of a natural resource, or other appropriate action designed to eliminate
17or minimize any environmental damage caused by the defendant.
SB55-ASA1-AA1,1158,19 18(4) The court may, where provided by law, revoke or suspend any or all
19privileges and licenses.
SB55-ASA1-AA1,1158,21 20(5) All civil remedies are available in order to enforce the judgment of the court,
21including the power of contempt under ch. 785.
SB55-ASA1-AA1,1159,11 22278.795 Nonpayment of judgments. If a defendant fails to timely pay a
23judgment entered under s. 278.75 (3) (a) 2. or 278.79, the court may issue an arrest
24warrant or a summons ordering the defendant to appear in court or both. If the
25defendant appears before the court pursuant to a warrant or summons or the

1defendant otherwise notifies the court that he or she is unable to pay the judgment,
2the court shall conduct a hearing. If the defendant failed to pay the forfeiture, the
3court shall determine if the defendant is unable to pay the amount specified in the
4judgment for good cause or because of the defendant's indigence. If the court
5determines that the failure of the defendant to comply with the judgment is for good
6cause or because of the defendant's indigence, the court may order that the amount
7of the judgment be modified, suspended, or permanently stayed. If the defendant
8fails to appear before the court for a hearing under this subsection or if the court
9determines at the hearing that the failure of a defendant to pay the judgment is not
10for good cause or not because of the defendant's indigence, the court shall order one
11of the following:
SB55-ASA1-AA1,1159,13 12(1) That the defendant be imprisoned for a time not to exceed 5 days or until
13the amount is paid, whichever is less.
SB55-ASA1-AA1,1159,15 14(2) That the amount of the judgment be modified, suspended, or permanently
15stayed.
SB55-ASA1-AA1,1159,17 16278.80 Judgment against a corporation or municipality. In a case under
17this subchapter, all of the following apply:
SB55-ASA1-AA1,1159,21 18(1) If a representative of a corporation or municipality fails to appear within
19the time required by the citation or summons, the default of the corporation or
20municipality may be recorded and the charge against it taken as true and judgment
21shall be rendered accordingly.
SB55-ASA1-AA1,1159,25 22(2) Upon default of a defendant corporation or municipality, or upon conviction,
23judgment for the amount of the forfeiture, the penalty assessment, the jail
24assessment, the crime laboratories and drug law enforcement assessment, and any
25applicable environmental assessment shall be entered.
SB55-ASA1-AA1,1160,4
1278.81 Effect of plea of no contest. Forfeiture of deposit under s. 278.75 (3)
2(b), an accepted plea of no contest under s. 278.70, or a stipulation of no contest under
3s. 278.75 (3) (c) to a charge of violation is not admissible in evidence as an admission
4against interest in any action or proceeding arising out of the same occurrence.
SB55-ASA1-AA1,1160,6 5278.82 Fees. Fees in forfeiture actions under this subchapter are prescribed
6in s. 814.63.
SB55-ASA1-AA1,1160,7 7278.83 Appeal. In a case under this subchapter, all of the following apply:
SB55-ASA1-AA1,1160,8 8(1) Jurisdiction on appeal. Appeal may be taken by either party.
SB55-ASA1-AA1,1160,12 9(2) Stay of execution. The amount of undertaking required to stay execution
10on appeal may not exceed the amount of the maximum forfeiture, applicable crime
11laboratories and drug law enforcement assessment, and applicable environmental
12assessment, plus court costs.
SB55-ASA1-AA1,1160,14 13(3) Procedure on appeal. An appeal to the court of appeals shall be in
14accordance with chs. 808 and 809.
SB55-ASA1-AA1,1160,23 15278.84 Forfeitures and assessments collected; to whom paid. All
16moneys collected in favor of the state under this subchapter for forfeiture, penalty
17assessment, jail assessment, crime laboratories and drug law enforcement
18assessment, and applicable environmental assessment shall be paid by the officer
19who collects the moneys to the appropriate county treasurer within 20 days after its
20receipt by the officer. In case of any failure in the payment, the county treasurer may
21collect the payment from the officer by an action in the treasurer's name of office and
22upon the official bond of the officer, with interest at the rate of 12% per year from the
23time when it should have been paid.
SB55-ASA1-AA1,1161,11 24278.85 Statement to county board; payment to state. Every county
25treasurer shall, on the first day of the annual meeting of the county board of

1supervisors, submit to it a verified statement of all forfeitures, penalty assessments,
2jail assessments, crime laboratories and drug law enforcement assessments, and
3environmental assessments received under this subchapter during the previous
4year. The county clerk shall deduct all expenses incurred by the county in recovering
5those forfeitures, penalty assessments, crime laboratories and drug law enforcement
6assessments, and environmental assessments from the aggregate amount so
7received, and shall immediately certify the amount of clear proceeds of those
8forfeitures, penalty assessments, crime laboratories and drug law enforcement
9assessments, and environmental assessments to the county treasurer, who shall pay
10the proceeds to the state treasurer as provided in s. 59.25 (3). Jail assessments shall
11be treated separately as provided in s. 302.46.
SB55-ASA1-AA1,1161,13 12278.90 Place of trial. In cases under this subchapter, all of the following
13apply:
SB55-ASA1-AA1,1161,15 14(1) Civil actions shall be tried in the county where the offense was committed,
15except as otherwise provided in this section.
SB55-ASA1-AA1,1161,17 16(2) If 2 or more acts are requisite to the commission of any offense, the trial may
17be in any county in which any of the acts occurred.
SB55-ASA1-AA1,1161,19 18(3) Where an offense is committed on or within one-fourth of a mile of the
19boundary of 2 or more counties, the defendant may be tried in any of those counties.
SB55-ASA1-AA1,1161,22 20(4) If an offense is commenced outside the state and is consummated within
21the state, the defendant may be tried in the county where the offense was
22consummated.
SB55-ASA1-AA1,1162,2 23(5) If an offense is committed on boundary waters at a place where 2 or more
24counties have common jurisdiction under s. 2.03 or 2.04 or under any other law, the
25prosecution may be in either county. The county whose process against the offender

1is first served shall be conclusively presumed to be the county in which the offense
2was committed.
SB55-ASA1-AA1, s. 3160km 3Section 3160km. 278.32 (2) (d) of the statutes, as affected by 2001 Wisconsin
4Act .... (this act), is repealed.
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