AB528-ASA1,10,19
12. If the person who was contacted under par. (b) 2. and who has deposited his
2or her operator's license fails to appear in court at the date specified by the officer
3under par. (b) 2. a. or set under s. 345.32, 345.34 or 345.36 or at any subsequent court
4appearance for the nonmoving traffic violation or red light violation, the person may
5be deemed to have entered a plea of no contest. The court may accept the plea of no
6contest, find the defendant guilty and, except as limited by sub. (6), proceed under
7s. 345.47. If the court enters judgment under s. 345.47 (1), the court shall give notice
8of the entry of judgment to the defendant by mailing a copy of the judgment to the
9defendant's last-known address. The court shall also mail to the defendant's
10last-known address a statement setting forth the actions the court may take under
11s. 345.47 if the judgment is not paid. In lieu of accepting the plea of no contest, the
12court may issue a warrant commanding that the person be arrested and brought
13before the court. Unless the case is tried immediately with the person's consent, any
14person who is arrested on a warrant issued under this subdivision may be released
15on his or her own recognizance or on posting bond or may be released without bail
16and shall be released if the person posts cash bail for his or her appearance. The court
17may retain the person's license, but the person's operating privilege may not be
18suspended until after judgment is entered under s. 345.47 and the judgment is not
19paid.
AB528-ASA1, s. 18 20Section 18. 345.28 (7) of the statutes is amended to read:
AB528-ASA1,11,521 345.28 (7) Nothing in this section prevents a court from issuing a warrant
22under s. 345.36 or 345.37 if the person appears in court in response to a citation for
23a nonmoving traffic violation or red light violation or after notice by the authority
24who issued the citation or the department under sub. (4) with respect to the citation
25or on the date specified by the officer or the court under sub. (5) and then fails to

1appear in court at any time fixed by subsequent postponement. Unless the case is
2tried immediately with the person's consent, any person who is arrested on a warrant
3issued under this subsection may be released on his or her own recognizance or on
4posting bond or may be released without bail and shall be released if the person posts
5cash bail for his or her appearance.
AB528-ASA1, s. 19 6Section 19. 345.30 of the statutes is amended to read:
AB528-ASA1,11,13 7345.30 Jurisdiction. Jurisdiction over actions for violation of traffic
8regulations and, nonmoving traffic violations, and violations of ordinances enacted
9under s. 349.107
is conferred upon circuit courts. Municipal courts shall have
10jurisdiction over traffic regulations enacted in accordance with s. 349.06 and, over
11actions for violations of nonmoving traffic ordinances enacted in accordance with s.
12349.06 or 349.13, and over actions for violations of ordinances enacted under s.
13349.107
.
AB528-ASA1, s. 20 14Section 20. 345.31 of the statutes is amended to read:
AB528-ASA1,11,21 15345.31 Venue in traffic regulation actions. Section 971.19 on place of trial
16in criminal actions applies to actions for the violation of traffic regulations and,
17nonmoving traffic violations, and violations of ordinances enacted under s. 349.107
18except that, in the case of a violation of an ordinance of a municipality which is
19located in more than one county, the action may be brought in any court sitting in that
20municipality even though in another county. As an alternative, the plaintiff may
21bring the action in the county where the defendant resides.
AB528-ASA1, s. 21 22Section 21. 345.315 (1) of the statutes is amended to read:
AB528-ASA1,12,1223 345.315 (1) In traffic regulation and nonmoving traffic violation cases, and in
24cases involving violations of ordinances enacted under s. 349.107,
a person charged
25with a violation may file a written request for a substitution of a different judge for

1the judge originally assigned to the trial of that case. The written request shall be
2filed not later than 7 days after the initial appearance in person or by an attorney.
3If a new judge is assigned to the trial of a case and the defendant has not exercised
4the right to substitute an assigned judge, a written request for the substitution of the
5new judge may be filed within 10 days of the giving of actual notice or sending of the
6notice of assignment to the defendant or the defendant's attorney. If the notification
7occurs within 10 days of the date set for trial, the request shall be filed within 48
8hours of the giving of actual notice or sending of the notice of assignment to the
9defendant or the defendant's attorney. If the notification occurs within 48 hours of
10the trial or if there has been no notification, the defendant may make an oral or
11written request for substitution prior to the commencement of the proceedings. The
12judge against whom a request has been filed may set initial bail and accept a plea.
AB528-ASA1, s. 22 13Section 22. 345.36 (3) of the statutes is amended to read:
AB528-ASA1,12,1614 345.36 (3) If the offense involved is a nonmoving traffic violation or violation
15of an ordinance enacted under s. 349.107
and the defendant is subject to s. 345.28
16(5) (c), a default judgment may be entered and opened as provided in s. 345.28 (5) (c).
AB528-ASA1, s. 23 17Section 23. 345.37 (1) (b) of the statutes is amended to read:
AB528-ASA1,13,618 345.37 (1) (b) Deem the nonappearance a plea of no contest and enter judgment
19accordingly. If the defendant has posted bond for appearance at that date, the court
20may also order the bond forfeited. The court shall promptly mail a copy or notice of
21the judgment to the defendant. The judgment shall allow not less than 20 days from
22the date thereof for payment of any forfeiture, plus costs, fees, and surcharges
23imposed under ch. 814. If the defendant moves to open the judgment within 6 months
24after the court appearance date fixed in the citation, and shows to the satisfaction
25of the court that the failure to appear was due to mistake, inadvertence, surprise, or

1excusable neglect, the court shall open the judgment, accept a not guilty plea, and
2set a trial date. The court may impose costs under s. 814.07. The court shall
3immediately notify the department to delete the record of conviction based upon the
4original judgment. If the offense involved is a nonmoving traffic violation or violation
5of an ordinance enacted under s. 349.107
and the defendant is subject to s. 345.28
6(5) (c), a default judgment may be entered and opened as provided in s. 345.28 (5) (c).
AB528-ASA1, s. 24 7Section 24. 345.47 (1) (b) of the statutes is amended to read:
AB528-ASA1,13,168 345.47 (1) (b) In lieu of imprisonment and in addition to any other suspension
9or revocation, that the defendant's operating privilege be suspended. The operating
10privilege shall be suspended for 30 days or until the person pays the forfeiture, plus
11costs, fees, and surcharges imposed under ch. 814, but not to exceed 2 years.
12Suspension under this paragraph shall not affect the power of the court to suspend
13or revoke under s. 343.30 or the power of the secretary to suspend or revoke the
14operating privilege. This paragraph does not apply if the judgment was entered
15solely for violation of an ordinance unrelated to the violator's operation of a motor
16vehicle or of an ordinance enacted under s. 349.107.
AB528-ASA1, s. 25 17Section 25. 349.107 of the statutes is created to read:
AB528-ASA1,13,19 18349.107 Authority to use traffic control photographic systems. (1) In
19this section:
AB528-ASA1,13,2220 (a) In addition to the meaning given in s. 340.01 (42), "owner" means, with
21respect to a vehicle that is registered, or that is required to be registered, by a lessee
22of the vehicle under ch. 341, the lessee of the vehicle.
AB528-ASA1,14,223 (b) "Traffic control photographic system" means an electronic system consisting
24of a photographic, video, or electronic camera and a vehicle sensor installed for use
25with an official traffic control signal to automatically produce photographs or video

1or digital images, stamped with the time and date, of vehicles moving through an
2intersection.
AB528-ASA1,14,4 3(2) Subject to sub. (3), the governing body of any county, city, village, or town
4may enact an ordinance that does all of the following:
AB528-ASA1,14,85 (a) Except as provided in sub. (3) (c), subjects a person to a forfeiture for being
6the owner of a motor vehicle that, when facing a traffic control signal at an
7intersection that exhibits a red light other than a flashing red light, does any of the
8following:
AB528-ASA1,14,99 1. Proceeds through the intersection without stopping.
AB528-ASA1,14,1210 2. After stopping at the intersection, proceeds through the intersection before
11the traffic control signal exhibits a green light if the vehicle is not making a right
12turn.
AB528-ASA1,14,1513 (b) Allows the use of a traffic control photographic system on highways under
14the jurisdiction of the county, city, village, or town, including connecting highways,
15for the purpose of detecting violations described in par. (a).
AB528-ASA1,14,1816 (c) Subjects a person to a forfeiture for being the lessee or operator of a motor
17vehicle the owner of which would be subject to a forfeiture under this section but for
18the owner's successful assertion of a defense under sub. (3) (d) 2. or 3.
AB528-ASA1,14,19 19(3) An ordinance enacted under sub. (2) shall include all of the following:
AB528-ASA1,14,2320 (a) A requirement that an official traffic sign be placed at a sufficient distance
21from an intersection monitored by a traffic control photographic system to provide
22motor vehicle operators adequate notice that the intersection is monitored by a
23traffic control photographic system.
AB528-ASA1,15,924 (b) A requirement that, if a traffic officer employed by the governing body of the
25county, city, village, or town prepares a citation for a violation of an ordinance enacted

1under this section, the traffic officer shall serve the owner of the vehicle with the
2citation by mailing the citation by certified mail addressed to the owner's last-known
3address within 48 hours after the violation. If the citation may be issued under par.
4(d) to the lessee or operator of the vehicle, the traffic officer shall serve the lessee or
5operator with the citation, in the same manner required for service on the vehicle
6owner, within 48 hours of determining that the vehicle owner is likely to successfully
7assert a defense under par. (d). A traffic officer shall send with the citation a
8duplicate of the photograph, video, or digital image, taken by the traffic control
9photographic system, of the vehicle involved in the violation.
AB528-ASA1,15,1110 (c) A requirement that the procedure specified in s. 345.28 applies to any
11citation for a violation of an ordinance enacted under this section.
AB528-ASA1,15,1412 (d) A provision that it is not a defense to a violation of the ordinance that the
13owner was not in control of the vehicle at the time of the violation, except that all of
14the following are defenses to a violation of an ordinance enacted under this section:
AB528-ASA1,15,1715 1. That a report that the vehicle was stolen was made by the owner to a law
16enforcement agency before the violation occurred or within a reasonable time after
17the violation occurred.
AB528-ASA1,15,2218 2. That the vehicle is owned by a lessor of vehicles and is registered in the name
19of the lessor, that at the time of the violation the vehicle was in the possession of a
20lessee, and that the lessor provided a traffic officer with the information required
21under s. 343.46 (3). In that case, the lessee may be issued a citation and charged with
22a violation of the ordinance enacted under this section.
AB528-ASA1,16,323 3. That the vehicle is owned by a dealer, as defined in s. 340.01 (11) (intro.), but
24including the persons specified in s. 340.01 (11) (a) to (d), at the time of the violation
25the vehicle was being operated by a person on a trial run, and the dealer provided

1a traffic officer with the name, address, and operator's license number of the person
2operating the vehicle. In that case, the person operating the vehicle may be issued
3a citation and charged with a violation of the ordinance enacted under this section.
AB528-ASA1,16,44 4. Any other defense specified in the ordinance.
AB528-ASA1,16,65 (e) A provision that permits a court to impose a forfeiture of not more than $50
6for a violation of an ordinance enacted under this section.
AB528-ASA1,16,107 (f) A requirement that any photograph or video or digital image produced by
8the traffic control photographic system be taken from a direction to the rear of the
9vehicles moving through an intersection and be focused on the rear registration plate
10of such vehicles.
AB528-ASA1,16,14 11(4) Imposition of liability for a violation of an ordinance enacted under this
12section shall not result in the suspension or revocation of a person's operating license
13under s. 343.30, nor shall it result in demerit points being recorded on a person's
14driving record under s. 343.32 (2) (a).
AB528-ASA1,16,20 15(5) Nothing in this section prohibits the issuance of a citation to the operator
16of a motor vehicle for a violation of s. 346.37 (1) (c) 1. or 3. or a local ordinance in
17conformity with s. 346.37 (1) (c) 1. or 3., but a person may not be subject to a forfeiture
18for a violation of an ordinance enacted under this section and a violation of s. 346.37
19(1) (c) 1. or 3. or a local ordinance in conformity with s. 346.37 (1) (c) 1. or 3. arising
20from the same incident or occurrence.
AB528-ASA1, s. 26 21Section 26. 752.31 (2) (c) of the statutes is amended to read:
AB528-ASA1,16,2422 752.31 (2) (c) Cases involving violations of traffic regulations, as defined in s.
23345.20 (1) (b), or nonmoving traffic violations, as defined in s. 345.28 (1), or violations
24of ordinances enacted under s. 349.107,
and cases under s. 343.305 and ch. 351.
AB528-ASA1, s. 27 25Section 27. 757.05 (1) (a) of the statutes is amended to read:
AB528-ASA1,17,13
1757.05 (1) (a) Whenever a court imposes a fine or forfeiture for a violation of
2state law or for a violation of a municipal or county ordinance except for a violation
3of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), or for a first violation of s.
423.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who
5committed the violation had a blood alcohol concentration of 0.08 or more but less
6than 0.1 at the time of the violation, or for a violation of state laws or municipal or
7county ordinances involving nonmoving traffic violations, a violation of an ordinance
8enacted under s. 349.107,
violations under s. 343.51 (1m) (b), or safety belt use
9violations under s. 347.48 (2m), there shall be imposed in addition a penalty
10surcharge under ch. 814 in an amount of 26 percent of the fine or forfeiture imposed.
11If multiple offenses are involved, the penalty surcharge shall be based upon the total
12fine or forfeiture for all offenses. When a fine or forfeiture is suspended in whole or
13in part, the penalty surcharge shall be reduced in proportion to the suspension.
AB528-ASA1, s. 28 14Section 28. 778.103 of the statutes is amended to read:
AB528-ASA1,17,20 15778.103 Traffic regulation forfeitures; how recovered. Where there is a
16conflict with this chapter, the procedure in ch. 345 shall be followed in actions to
17recover forfeitures for the violation of traffic regulations as defined in s. 345.20, and
18the procedures in ss. 345.28 and 345.34 to 345.47 shall be followed in actions to
19recover forfeitures for nonmoving traffic violations as defined in s. 345.28 (1) and
20violations of ordinances enacted under s. 349.107
.
AB528-ASA1, s. 29 21Section 29. 785.05 of the statutes is amended to read:
AB528-ASA1,18,2 22785.05 Limitation on imprisonment. In any case in which the contempt of
23court is based upon interference with visitation rights granted under s. 48.925 (1),
24or upon failure to respond to a citation, summons or warrant under s. 345.28 or any
25other failure to pay or to appear in court for a nonmoving traffic violation or violation

1of an ordinance enacted under s. 349.107
, the court may not impose imprisonment
2as a sanction under this chapter.
AB528-ASA1, s. 30 3Section 30. 800.09 (1) (c) of the statutes is amended to read:
AB528-ASA1,18,154 800.09 (1) (c) The court may suspend the defendant's operating privilege, as
5defined in s. 340.01 (40), until restitution is made and the forfeiture, assessments
6and costs are paid, if the defendant has not done so within 60 days after the date the
7restitution or payments or both are to be made under par. (a) and has not notified the
8court that he or she is unable to comply with the judgment, as provided under s.
9800.095 (4) (a), except that the suspension period may not exceed 2 years. The court
10shall take possession of the suspended license and shall forward the license, along
11with a notice of the suspension clearly stating that the suspension is for failure to
12comply with a judgment of the court, to the department of transportation. This
13paragraph does not apply if the forfeiture is assessed for violation of an ordinance
14that is unrelated to the violator's operation of a motor vehicle or of an ordinance
15enacted under s. 349.107
.
AB528-ASA1, s. 31 16Section 31. 800.095 (4) (b) 4. of the statutes is amended to read:
AB528-ASA1,18,2117 800.095 (4) (b) 4. That the defendant's operating privilege, as defined in s.
18340.01 (40), be suspended until the judgment is complied with, except that the
19suspension period may not exceed 2 years. This subdivision does not apply if the
20forfeiture is assessed for violation of an ordinance that is unrelated to the violator's
21operation of a motor vehicle or of an ordinance enacted under s. 349.107.
AB528-ASA1, s. 32 22Section 32. 938.17 (1) (intro.) of the statutes is amended to read:
AB528-ASA1,19,1023 938.17 (1) Traffic, boating, snowmobile and all-terrain vehicle violations.
24(intro.) Except for violations of ss. 342.06 (2) and 344.48 (1), and violations of ss.
2530.67 (1) and 346.67 (1) when death or injury occurs, courts of criminal and civil

1jurisdiction have exclusive jurisdiction in proceedings against juveniles 16 years of
2age or older for violations of s. 23.33, of ss. 30.50 to 30.80, of chs. 341 to 351, and of
3traffic regulations, as defined in s. 345.20, and nonmoving traffic violations, as
4defined in s. 345.28 (1), and violations of ordinances enacted under s. 349.107. A
5juvenile charged with a traffic, boating, snowmobile, or all-terrain vehicle offense
6in a court of criminal or civil jurisdiction shall be treated as an adult before the trial
7of the proceeding except that the juvenile may be held in secure custody only in a
8juvenile detention facility. A juvenile convicted of a traffic, boating, snowmobile, or
9all-terrain vehicle offense in a court of criminal or civil jurisdiction shall be treated
10as an adult for sentencing purposes except as follows:
Loading...
Loading...