AB348, s. 1 1Section 1. 20.435 (1) (gt) of the statutes is created to read:
AB348,2,62 20.435 (1) (gt) Emergency medical services; aids. All moneys received from the
3emergency medical services surcharges imposed by s. 345.15 (2), to be used for
4ambulance service vehicles or vehicle equipment, emergency medical services
5supplies or equipment or emergency medical training for personnel under s. 146.58
6(9).
AB348, s. 2 7Section 2. 59.20 (5) (b) of the statutes is amended to read:
AB348,3,78 59.20 (5) (b) For all court imposed fines and forfeitures required by law to be
9deposited in the state treasury, the amounts required by s. 165.87 for the penalty
10assessment surcharge, the amounts required by s. 167.31 (5) for the weapons
11assessment, the amounts required by s. 973.045 for the crime victim and witness
12assistance surcharge, the amounts required by s. 973.046 for the deoxyribonucleic
13acid analysis surcharge, the amounts required by s. 161.41 (5) for the drug abuse
14program improvement surcharge, the amounts authorized by s. 971.37 (1m) (c) 1. or
15required by s. 973.055 (1) for the domestic abuse assessment, the amounts required
16by s. 345.15 for the emergency medical services surcharge,
the amounts required by
17s. 346.655 (2) (a) and (b) for the driver improvement surcharge, the amounts required
18by s. 102.85 (4) for the uninsured employer assessment, the amounts required by s.
19144.992 for the environmental assessment, the amounts required by s. 29.9965 for
20the wild animal protection assessment, the amounts required by s. 29.997 for the
21natural resources assessment surcharge, the amounts required by s. 29.9967 for the

1fishing shelter removal assessment, the amounts required by s. 350.115 for the
2snowmobile registration restitution payment and the amounts required by s. 29.998
3for natural resources restitution payments, transmit to the state treasurer a
4statement of all moneys required by law to be paid on the actions so entered during
5the preceding month on or before the first day of the next succeeding month, certified
6by the treasurer's personal signature affixed or attached thereto, and at the same
7time pay to the state treasurer the amount thereof.
AB348, s. 3 8Section 3. 59.395 (5) of the statutes is amended to read:
AB348,4,59 59.395 (5) Pay monthly to the county treasurer for the use of the state the
10state's percentage of the fees required to be paid on each civil action, criminal action
11and special proceeding filed during the preceding month and pay monthly to the
12county treasurer for the use of the state the percentage of court imposed fines and
13forfeitures required by law to be deposited in the state treasury, the amounts
14required by s. 165.87 (2) (b) for the penalty assessment surcharge, the amounts
15required by s. 167.31 (5) for the weapons assessment, the amounts required by s.
16973.045 for the crime victim and witness assistance surcharge, the amounts required
17by s. 973.046 for the deoxyribonucleic acid analysis surcharge, the amounts required
18by s. 161.41 (5) for the drug abuse program improvement surcharge, the amounts
19authorized by s. 971.37 (1m) (c) 1. or required by s. 973.055 for the domestic abuse
20assessment surcharge, the amounts required by s. 345.15 for the emergency medical
21services surcharge,
the amounts required by s. 346.655 for the driver improvement
22surcharge, the amounts required by s. 102.85 (4) for the uninsured employer
23assessment, the amounts required by s. 144.992 for the environmental assessment,
24the amounts required under s. 29.9965 for the wild animal protection assessment,
25the amounts required under s. 29.997 (1) (d) for the natural resources assessment

1surcharge, the amounts required by s. 29.9967 for the fishing shelter removal
2assessment, the amounts required by s. 350.115 for the snowmobile registration
3restitution payment and the amounts required under s. 29.998 (1) (d) for the natural
4resources restitution payments. The payments shall be made by the 15th day of the
5month following receipt thereof.
AB348, s. 4 6Section 4. 66.119 (1) (b) 7. c. of the statutes is amended to read:
AB348,4,137 66.119 (1) (b) 7. c. That if the alleged violator makes a cash deposit and does
8not appear in court, he or she either will be deemed to have tendered a plea of no
9contest and submitted to a forfeiture, a penalty assessment imposed by s. 165.87, a
10jail assessment imposed by s. 302.46 (1), any applicable emergency medical services
11surcharge imposed by s. 345.15 (2)
and any applicable domestic abuse assessment
12imposed by s. 973.055 (1) not to exceed the amount of the deposit or will be summoned
13into court to answer the complaint if the court does not accept the plea of no contest.
AB348, s. 5 14Section 5. 66.119 (1) (b) 7. d. of the statutes is amended to read:
AB348,4,2215 66.119 (1) (b) 7. d. That if the alleged violator does not make a cash deposit and
16does not appear in court at the time specified, the court may issue a summons or a
17warrant for the defendant's arrest or consider the nonappearance to be a plea of no
18contest and enter judgment under sub. (3) (d), or the municipality may commence an
19action against the alleged violator to collect the forfeiture, the penalty assessment
20imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1) , any applicable
21emergency medical services surcharge imposed by s. 345.15 (2)
and any applicable
22domestic abuse assessment imposed by s. 973.055 (1).
AB348, s. 6 23Section 6. 66.119 (1) (c) of the statutes is amended to read:
AB348,5,624 66.119 (1) (c) An ordinance adopted under par. (a) shall contain a schedule of
25cash deposits that are to be required for the various ordinance violations, and for the

1penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46
2(1), any applicable emergency medical services surcharge imposed by s. 345.15 (2)
3and any applicable domestic abuse assessment imposed by s. 973.055 (1), for which
4a citation may be issued. The ordinance shall also specify the court, clerk of court
5or other official to whom cash deposits are to be made and shall require that receipts
6be given for cash deposits.
AB348, s. 7 7Section 7. 66.119 (3) (a) of the statutes is amended to read:
AB348,5,158 66.119 (3) (a) The person named as the alleged violator in a citation may appear
9in court at the time specified in the citation or may mail or deliver personally a cash
10deposit in the amount, within the time and to the court, clerk of court or other official
11specified in the citation. If a person makes a cash deposit, the person may
12nevertheless appear in court at the time specified in the citation, provided that the
13cash deposit may be retained for application against any forfeiture, restitution,
14penalty assessment, jail assessment, emergency medical services surcharge or
15domestic abuse assessment that may be imposed.
AB348, s. 8 16Section 8. 66.119 (3) (b) of the statutes is amended to read:
AB348,6,217 66.119 (3) (b) If a person appears in court in response to a citation, the citation
18may be used as the initial pleading, unless the court directs that a formal complaint
19be made, and the appearance confers personal jurisdiction over the person. The
20person may plead guilty, no contest or not guilty. If the person pleads guilty or no
21contest, the court shall accept the plea, enter a judgment of guilty and impose a
22forfeiture, the penalty assessment imposed by s. 165.87, the jail assessment imposed
23by s. 302.46 (1), any applicable emergency medical services surcharge imposed by s.
24345.15 (2)
and any applicable domestic abuse assessment imposed by s. 973.055 (1).
25If the court finds that the violation meets the conditions in s. 800.093 (1), the court

1may order restitution under s. 800.093. A plea of not guilty shall put all matters in
2the case at issue, and the matter shall be set for trial.
AB348, s. 9 3Section 9. 66.119 (3) (c) of the statutes is amended to read:
AB348,7,44 66.119 (3) (c) If the alleged violator makes a cash deposit and fails to appear
5in court, the citation may serve as the initial pleading and the violator shall be
6considered to have tendered a plea of no contest and submitted to a forfeiture, the
7penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46
8(1), any applicable emergency medical services surcharge imposed by s. 345.15 (2)
9and any applicable domestic abuse assessment imposed by s. 973.055 (1) not
10exceeding the amount of the deposit. The court may either accept the plea of no
11contest and enter judgment accordingly or reject the plea. If the court finds the
12violation meets the conditions in s. 800.093 (1), the court may summon the alleged
13violator into court to determine if restitution shall be ordered under s. 800.093. If
14the court accepts the plea of no contest, the defendant may move within 10 days after
15the date set for the appearance to withdraw the plea of no contest, open the judgment
16and enter a plea of not guilty if the defendant shows to the satisfaction of the court
17that the failure to appear was due to mistake, inadvertence, surprise or excusable
18neglect. If the plea of no contest is accepted and not subsequently changed to a plea
19of not guilty, no costs or fees may be taxed against the violator, but a penalty
20assessment, a jail assessment and, if applicable, an emergency medical services
21surcharge or
a domestic abuse assessment shall be assessed. If the court rejects the
22plea of no contest, an action for collection of the forfeiture, penalty assessment, jail
23assessment and any applicable emergency medical services surcharge or domestic
24abuse assessment may be commenced. A city, village or public inland lake protection
25and rehabilitation district may commence action under s. 66.12 (1) and a county or

1town may commence action under s. 778.10. The citation may be used as the
2complaint in the action for the collection of the forfeiture, penalty assessment, jail
3assessment and any applicable emergency medical services surcharge or domestic
4abuse assessment.
AB348, s. 10 5Section 10. 66.119 (3) (d) of the statutes is amended to read:
AB348,8,26 66.119 (3) (d) If the alleged violator does not make a cash deposit and fails to
7appear in court at the time specified in the citation, the court may issue a summons
8or warrant for the defendant's arrest or consider the nonappearance to be a plea of
9no contest and enter judgment accordingly if service was completed as provided
10under par. (e) or the county, town, city, village or public inland lake protection and
11rehabilitation district may commence an action for collection of the forfeiture,
12penalty assessment and jail assessment and any applicable emergency medical
13services surcharge or
domestic abuse assessment. A city, village or public inland lake
14protection and rehabilitation district may commence action under s. 66.12 (1) and a
15county or town may commence action under s. 778.10. The citation may be used as
16the complaint in the action for the collection of the forfeiture, penalty assessment and
17jail assessment and any applicable emergency medical services surcharge or
18domestic abuse assessment. If the court considers the nonappearance to be a plea
19of no contest and enters judgment accordingly, the court shall promptly mail a copy
20or notice of the judgment to the defendant. The judgment shall allow the defendant
21not less than 20 days from the date of the judgment to pay any forfeiture, penalty
22assessment and jail assessment and any applicable emergency medical services
23surcharge or
domestic abuse assessment imposed. If the defendant moves to open
24the judgment within 6 months after the court appearance date fixed in the citation,
25and shows to the satisfaction of the court that the failure to appear was due to

1mistake, inadvertence, surprise or excusable neglect, the court shall reopen the
2judgment, accept a not guilty plea and set a trial date.
AB348, s. 11 3Section 11. 66.12 (1) (b) of the statutes is amended to read:
AB348,9,64 66.12 (1) (b) Local ordinances, except as provided in this paragraph or ss.
5345.20 to 345.53, may contain a provision for stipulation of guilt or no contest of any
6or all violations under those ordinances, and may designate the manner in which the
7stipulation is to be made and fix the penalty to be paid. When a person charged with
8a violation for which stipulation of guilt or no contest is authorized makes a timely
9stipulation and pays the required penalty and pays the penalty assessment imposed
10by s. 165.87, the jail assessment imposed by s. 302.46 (1), any applicable emergency
11medical services surcharge imposed by s. 345.15 (2)
and any applicable domestic
12abuse assessment imposed by s. 973.055 (1) to the designated official, the person
13need not appear in court and no witness fees or other additional costs may be taxed
14unless the local ordinance so provides. A court appearance is required for a violation
15of a local ordinance in conformity with s. 346.63 (1). The official receiving the
16penalties shall remit all moneys collected to the treasurer of the city, village or public
17inland lake protection and rehabilitation district in whose behalf the sum was paid,
18except that all jail assessments shall be remitted to the county treasurer, within 20
19days after its receipt by him or her; and in case of any failure in the payment, the
20treasurer may collect the payment of the officer by action, in the name of the office,
21and upon the official bond of the officer, with interest at the rate of 12% per year from
22the time when it should have been paid. In the case of the penalty assessment
23imposed by s. 165.87, the emergency medical services surcharge imposed by s. 345.15
24(2),
the driver improvement surcharge imposed by s. 346.655 (1) and any applicable
25domestic abuse assessment imposed by s. 973.055 (1), the treasurer of the city, village

1or public inland lake protection and rehabilitation district shall remit to the state
2treasurer the sum required by law to be paid on the actions so entered during the
3preceding month on or before the first day of the next succeeding month. The
4governing body of the city, village or public inland lake protection and rehabilitation
5district shall by ordinance designate the official to receive the penalties and the
6terms under which the official shall qualify.
AB348, s. 12 7Section 12. 146.58 (9) of the statutes is created to read:
AB348,9,188 146.58 (9) (a) From the appropriation under s. 20.435 (1) (gt), annually
9distribute funds for ambulance service vehicles or vehicle equipment, emergency
10medical services supplies or equipment or emergency medical training for personnel
11to an ambulance service provider that is a public agency, a volunteer fire department
12or a nonprofit corporation, under a funding formula consisting of an identical base
13amount for each ambulance service provider plus a supplemental amount based on
14the population of the ambulance service provider's primary service or contract area,
15as established under s. 146.50 (5). If a public agency has contracted for ambulance
16service with an ambulance service provider that operates for profit, the emergency
17medical services board shall distribute funds under this paragraph to the public
18agency.
AB348,9,2519 (b) Distribute funds under par. (a) only as a supplement to existing, budgeted
20moneys of or provided to an ambulance service provider. The funds under par. (a)
21may not be used to replace, decrease or release for alternative purposes the existing,
22budgeted moneys of or provided to the ambulance service provider. In order to ensure
23compliance with this paragraph, the emergency medical services board shall require
24a financial report of expenditures under this subsection from an ambulance service
25provider and may require a financial report of expenditures under this subsection

1from an owner or operator of an ambulance service or a public agency, volunteer fire
2department or a nonprofit corporation with which an ambulance service provider has
3contracted to provide ambulance services.
AB348, s. 13 4Section 13. 345.15 of the statutes is created to read:
AB348,10,5 5345.15 (title) Emergency medical services surcharge.
AB348,10,8 6(1) All moneys collected from emergency medical services surcharges under
7this section shall be deposited in s. 20.435 (1) (gt) and utilized in accordance with s.
8146.58 (9).
AB348,10,15 9(2) (a) Whenever a court imposes a fine or forfeiture for a violation of any state
10traffic law or ordinance enacted in accordance with s. 349.06, except for a violation
11of any state or local law involving a nonmoving traffic violation or a safety belt use
12violation under s. 347.48 (2m), there shall be imposed in addition an emergency
13medical services surcharge of $5. If multiple offenses are involved, the court shall
14impose an emergency medical services surcharge upon each fine or forfeiture
15imposed.
AB348,10,1916 (b) If a fine or forfeiture is imposed by a court of record, after a determination
17by the court of the amount due, the clerk of the court shall collect and transmit such
18amount to the county treasurer as provided in s. 59.395 (5). The county treasurer
19shall then make payment to the state treasurer as provided in s. 59.20 (5) (b).
AB348,10,2320 (c) If a fine or forfeiture is imposed by a municipal court, after a determination
21by the court of the amount due, the court shall collect and transmit such amount to
22the treasurer of the county, city, town or village, and that treasurer shall make
23payment to the state treasurer as provided in s. 66.12 (1) (b).
AB348, s. 14 24Section 14. 345.26 (1) (b) 1. of the statutes is amended to read:
AB348,11,7
1345.26 (1) (b) 1. If the person makes a deposit for a violation of a traffic
2regulation, the person need not appear in court at the time fixed in the citation, and
3the person will be deemed to have tendered a plea of no contest and submitted to a
4forfeiture and a penalty assessment, if required by s. 165.87, and a jail assessment,
5if required by s. 302.46 (1), and an emergency medical services surcharge, if required
6by s. 345.15 (2),
plus any applicable fees prescribed in ch. 814, not to exceed the
7amount of the deposit that the court may accept as provided in s. 345.37; and
AB348, s. 15 8Section 15. 345.26 (2) (b) of the statutes is amended to read:
AB348,11,129 345.26 (2) (b) In addition to the amount in par. (a), the deposit shall include
10court costs, including any applicable fees prescribed in ch. 814, any applicable
11penalty assessment, any applicable emergency medical services surcharge and any
12applicable jail assessment.
AB348, s. 16 13Section 16. 345.36 (2) (b) of the statutes is amended to read:
AB348,11,2514 345.36 (2) (b) Deem the nonappearance a plea of no contest and enter judgment
15accordingly. If the defendant has posted bond for appearance at that date, the court
16may also order the bond forfeited. The court shall promptly mail a copy of the
17judgment to the defendant. The judgment shall allow not less than 20 days from the
18date thereof for payment of any forfeiture, penalty assessment, jail assessment,
19emergency medical services surcharge
and costs imposed. If the defendant moves
20to open the judgment within 20 days after the date set for trial, and shows to the
21satisfaction of the court that the failure to appear was due to mistake, inadvertence,
22surprise or excusable neglect, the court shall open the judgment, reinstate the not
23guilty plea and set a new trial date. The court may impose costs under s. 814.07. The
24court shall immediately notify the department to delete the record of conviction
25based upon the original judgment.
AB348, s. 17
1Section 17. 345.37 (2) of the statutes is amended to read:
AB348,12,172 345.37 (2) If the defendant has made a deposit under s. 345.26, the citation may
3serve as the initial pleading and the defendant shall be deemed to have tendered a
4plea of no contest and submitted to a forfeiture and a penalty assessment, if required
5by s. 165.87, and a jail assessment, if required by s. 302.46 (1), and an emergency
6medical services surcharge, if required by s. 345.15 (2),
plus costs, including any
7applicable fees prescribed in ch. 814, not exceeding the amount of the deposit. The
8court may either accept the plea of no contest and enter judgment accordingly, or
9reject the plea and issue a summons under ch. 968. If the defendant fails to appear
10in response to the summons, the court shall issue a warrant under ch. 968. If the
11court accepts the plea of no contest, the defendant may move within 6 months after
12the date set for the appearance to withdraw the plea of no contest, open the judgment
13and enter a plea of not guilty upon a showing to the satisfaction of the court that the
14failure to appear was due to mistake, inadvertence, surprise or excusable neglect.
15If on reopening the defendant is found not guilty, the court shall immediately notify
16the department to delete the record of conviction based on the original proceeding
17and shall order the defendant's deposit returned.
AB348, s. 18 18Section 18. 345.37 (5) of the statutes is amended to read:
AB348,12,2419 345.37 (5) Within 5 working days after forfeiture of deposit or entry of default
20judgment, the official receiving the forfeiture, the penalty assessment, if required by
21s. 165.87, and the jail assessment, if required by s. 302.46 (1), and the emergency
22medical services surcharge, if required by s. 345.15 (2),
shall forward to the
23department a certification of the entry of default judgment or a judgment of
24forfeiture.
AB348, s. 19 25Section 19. 345.375 (2) of the statutes is amended to read:
AB348,13,5
1345.375 (2) Upon default of the defendant corporation or limited liability
2company or upon conviction, judgment for the amount of the forfeiture, the penalty
3assessment, if required under s. 165.87, and the jail assessment, if required by s.
4302.46 (1), and the emergency medical services surcharge, if required by s. 345.15 (2),
5shall be entered.
AB348, s. 20 6Section 20. 345.47 (1) (intro.) of the statutes is amended to read:
AB348,13,137 345.47 (1) (intro.) If the defendant is found guilty, the court may enter
8judgment against the defendant for a monetary amount not to exceed the maximum
9forfeiture, penalty assessment, if required by s. 165.87, and the jail assessment, if
10required by s. 302.46 (1), and the emergency medical services surcharge, if required
11by s. 345.15 (2),
provided for the violation and for costs under s. 345.53 and, in
12addition, may suspend or revoke his or her operating privilege under s. 343.30. If the
13judgment is not paid, the court shall order:
AB348, s. 21 14Section 21. 345.47 (1) (b) of the statutes is amended to read:
AB348,13,2215 345.47 (1) (b) In lieu of imprisonment and in addition to any other suspension
16or revocation, that the defendant's operating privilege be suspended for 30 days or
17until the person pays the forfeiture, the penalty assessment, if required by s. 165.87,
18and the jail assessment, if required by s. 302.46 (1), and the emergency medical
19services surcharge, if required by s. 345.15 (2),
but not to exceed 5 years. Suspension
20under this paragraph shall not affect the power of the court to suspend or revoke
21under s. 343.30 or the power of the secretary to suspend or revoke the operating
22privilege.
AB348, s. 22 23Section 22. 345.47 (1) (c) of the statutes is amended to read:
AB348,14,1124 345.47 (1) (c) If a court or judge suspends an operating privilege under this
25section, the court or judge shall immediately take possession of the suspended license

1and shall forward it to the department together with the notice of suspension, which
2shall clearly state that the suspension was for failure to pay a forfeiture, a penalty
3assessment, if required by s. 165.87, and a jail assessment, if required by s. 302.46
4(1), and an emergency medical services surcharge, if required by s. 345.15 (2),
5imposed by the court. The notice of suspension and the suspended license, if it is
6available, shall be forwarded to the department within 48 hours after the order of
7suspension. If the forfeiture, penalty assessment and , jail assessment and
8emergency medical services surcharge
are paid during a period of suspension, the
9court or judge shall immediately notify the department. Upon receipt of the notice
10and payment of the reinstatement fee under s. 343.21 (1) (j), the department shall
11return the surrendered license.
AB348, s. 23 12Section 23. 345.47 (3) of the statutes is amended to read:
AB348,14,1713 345.47 (3) When a defendant is imprisoned for nonpayment of a forfeiture, a
14penalty assessment or, a jail assessment or an emergency medical services surcharge
15for an action brought by a municipality located in more than one county, any
16commitment to a county institution shall be to the county in which the action was
17tried.
AB348, s. 24 18Section 24. 345.49 (1) of the statutes is amended to read:
AB348,14,2519 345.49 (1) Any person imprisoned under s. 345.47 for nonpayment of a
20forfeiture, a penalty assessment, if required by s. 165.87, or a jail assessment, if
21required by s. 302.46 (1), or an emergency medical services surcharge, if required by
22s. 345.15 (2),
may, on request, be allowed to work under s. 303.08. If the person does
23work, earnings shall be applied on the unpaid forfeiture, penalty assessment or jail
24assessment after payment of personal board and expenses and support of personal
25dependents to the extent directed by the court.
AB348, s. 25
1Section 25. 345.49 (2) of the statutes is amended to read:
AB348,15,132 345.49 (2) Any person who is subject to imprisonment under s. 345.47 for
3nonpayment of a forfeiture, penalty assessment or jail assessment, jail assessment
4or emergency medical services surcharge
may be placed on probation to some person
5satisfactory to the court for not more than 90 days or until the forfeiture, penalty
6assessment or jail assessment, jail assessment or emergency medical services
7surcharge
is paid if that is done before expiration of the 90-day period. The payment
8of the forfeiture, penalty assessment or jail assessment , jail assessment or
9emergency medical services surcharge
during that period shall be a condition of the
10probation. If the forfeiture, penalty assessment or jail assessment, jail assessment
11or emergency medical services surcharge
is not paid or the court deems that the
12interests of justice require, probation may be terminated and the defendant
13imprisoned as provided in sub. (1) or s. 345.47.
AB348, s. 26 14Section 26. 345.61 (2) (c) of the statutes is amended to read:
AB348,16,215 345.61 (2) (c) "Guaranteed arrest bond certificate" as used in this section means
16any printed card or other certificate issued by an automobile club, association or
17insurance company to any of its members or insureds, which card or certificate is
18signed by the member or insureds and contains a printed statement that the
19automobile club, association or insurance company and a surety company, or an
20insurance company authorized to transact both automobile liability insurance and
21surety business, guarantee the appearance of the persons whose signature appears
22on the card or certificate and that they will in the event of failure of the person to
23appear in court at the time of trial, pay any fine or forfeiture imposed on the person,
24including the penalty assessment required by s. 165.87 and , the jail assessment

1required by s. 302.46 (1), and the emergency medical services surcharge required by
2s. 345.15 (2)
in an amount not exceeding $200, or $1,000 as provided in sub. (1) (b).
AB348, s. 27 3Section 27. 346.655 (1) of the statutes is amended to read:
AB348,16,94 346.655 (1) On or after July 1, 1988, if If a court imposes a fine or a forfeiture
5for a violation of s. 346.63 (1) or (5), or a local ordinance in conformity therewith, or
6s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a
7vehicle, it shall impose a driver improvement surcharge in an amount of $250 in
8addition to the fine or forfeiture, penalty assessment and , jail assessment and
9emergency medical services surcharge
.
AB348, s. 28 10Section 28. 778.02 of the statutes is amended to read:
AB348,16,23 11778.02 Action in name of state; complaint; attachment. Every such
12forfeiture action shall be in the name of the state of Wisconsin, and it is sufficient to
13allege in the complaint that the defendant is indebted to the plaintiff in the amount
14of the forfeiture claimed, according to the provisions of the statute that imposes it,
15specifying the statute and for the penalty assessment imposed by s. 165.87, the jail
16assessment imposed by s. 302.46 (1), any applicable emergency medical services
17surcharge imposed by s. 345.15 (2)
and any applicable domestic abuse assessment
18imposed by s. 973.055 (1). If the statute imposes a forfeiture for several offenses or
19delinquencies the complaint shall specify the particular offense or delinquency for
20which the action is brought, with a demand for judgment for the amount of the
21forfeiture, penalty assessment, jail assessment and any applicable emergency
22medical services surcharge or
domestic abuse assessment. If the defendant is a
23nonresident of the state, an attachment may issue.
AB348, s. 29 24Section 29. 778.03 of the statutes is amended to read:
AB348,17,7
1778.03 Complaint to recover forfeited goods. In an action to recover
2property forfeited by any statute it shall be sufficient to allege in the complaint that
3the property has been forfeited, specifying the statute, with a demand of judgment
4for the delivery of the property, or the value thereof and for payment of the penalty
5assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1), any
6applicable emergency medical services surcharge imposed by s. 345.15 (2)
and any
7applicable domestic abuse assessment imposed by s. 973.055 (1).
AB348, s. 30 8Section 30. 778.06 of the statutes is amended to read:
AB348,17,15 9778.06 Action for what sum. When a forfeiture is imposed, not exceeding a
10specific sum or when it is not less than one sum or more than another, the action may
11be brought for the highest sum specified and for the penalty assessment imposed by
12s. 165.87, the jail assessment imposed by s. 302.46 (1), any applicable emergency
13medical services surcharge imposed by s. 345.15 (2)
and any applicable domestic
14abuse assessment imposed by s. 973.055 (1); and judgment may be rendered for such
15sum as the court or jury shall assess or determine to be proportionate to the offense.
AB348, s. 31 16Section 31. 778.10 of the statutes is amended to read:
AB348,18,9 17778.10 Municipal forfeitures, how recovered. All forfeitures imposed by
18any ordinance or regulation of any county, town, city or village, or of any other
19domestic corporation may be sued for and recovered, under this chapter, in the name
20of the county, town, city, village or corporation. It is sufficient to allege in the
21complaint that the defendant is indebted to the plaintiff in the amount of the
22forfeiture claimed, specifying the ordinance or regulation that imposes it and of the
23penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46
24(1), any applicable emergency medical services surcharge imposed by s. 345.15 (2)
25and any applicable domestic abuse assessment imposed by s. 973.055 (1). If the

1ordinance or regulation imposes a penalty or forfeiture for several offenses or
2delinquencies the complaint shall specify the particular offenses or delinquency for
3which the action is brought, with a demand for judgment for the amount of the
4forfeiture, the penalty assessment imposed by s. 165.87, the jail assessment imposed
5by s. 302.46 (1), any applicable emergency medical services surcharge imposed by s.
6345.15 (2)
and any applicable domestic abuse assessment imposed by s. 973.055 (1).
7All moneys collected on the judgment shall be paid to the treasurer of the county,
8town, city, village or corporation, except that all jail assessments shall be paid to the
9county treasurer.
AB348, s. 32 10Section 32. 778.105 of the statutes is amended to read:
AB348,18,17 11778.105 Disposition of forfeitures. Revenues from forfeitures imposed by
12any court or any branch thereof for the violation of any municipal or county
13ordinance shall be paid to the municipality or county. Penalty assessment payments
14shall be made as provided in s. 165.87. Jail assessment payments shall be made as
15provided in s. 302.46 (1). Domestic abuse assessments shall be made as provided in
16s. 973.055. Emergency medical services surcharges shall be made as provided in s.
17345.15.
AB348, s. 33 18Section 33. 778.13 of the statutes is amended to read:
AB348,19,4 19778.13 Forfeitures collected, to whom paid. All moneys collected in favor
20of the state for forfeiture, except the portion to be paid to any person who sues with
21the state, shall be paid by the officer who collects the forfeiture to the treasurer of the
22county within which the forfeiture was incurred within 20 days after its receipt. In
23case of any failure in the payment the county treasurer may collect the payment of
24the officer by action, in the name of the office and upon the official bond of the officer,
25with interest at the rate of 12% per year from the time when it should have been paid.

1Penalty assessment payments shall be made as provided in s. 165.87. Jail
2assessment payments shall be made as provided in s. 302.46 (1). Domestic abuse
3assessments shall be made as provided in s. 973.055. Emergency medical services
4surcharge shall be made as provided in s. 345.15.
AB348, s. 34 5Section 34. 778.18 of the statutes is amended to read:
AB348,19,20 6778.18 Penalty upon municipal judge. If any municipal judge, of his or her
7own will, dismisses any action brought before the judge under this chapter, unless
8by order of the district attorney or attorney general or the person joined as plaintiff
9with the state, or renders a less judgment therein than is prescribed by law, or
10releases or discharges any such judgment or part thereof without payment or
11collection, the judge and the judge's sureties shall be liable, in an action upon the
12judge's bond, for the full amount of the forfeitures imposed by law or of the forfeiture
13imposed by the judge and for the penalty assessment imposed by s. 165.87, the jail
14assessment imposed by s. 302.46 (1), any applicable emergency medical services
15surcharge imposed by s. 345.15 (2)
and any applicable domestic abuse assessment
16imposed by s. 973.055 (1), or for an amount equal to the amount in which any such
17judgment or any part thereof is released or discharged. If any municipal judge gives
18time or delay to any person against whom any such judgment is rendered by the
19judge, or takes any bond or security for its future payment, the judge and the judge's
20sureties shall also be liable for the payment of the judgment upon the judge's bond.
AB348, s. 35 21Section 35. 800.02 (2) (a) 8. of the statutes is amended to read:
AB348,20,322 800.02 (2) (a) 8. Notice that if the defendant makes a deposit and fails to appear
23in court at the time fixed in the citation, the defendant is deemed to have tendered
24a plea of no contest and submits to a forfeiture, penalty assessment, jail assessment
25and any applicable emergency medical services surcharge or domestic abuse

1assessment plus costs, including the fee prescribed in s. 814.65 (1), not to exceed the
2amount of the deposit. The notice shall also state that the court may decide to
3summon the defendant rather than accept the deposit and plea.
AB348, s. 36 4Section 36. 800.02 (3) (a) 5. of the statutes is amended to read:
AB348,20,115 800.02 (3) (a) 5. A plain and concise statement of the violation identifying the
6event or occurrence from which the violation arose and showing that the plaintiff is
7entitled to relief, the ordinance, resolution or bylaw upon which the cause of action
8is based and a demand for a forfeiture, the amount of which shall not exceed the
9maximum set by the statute involved, the penalty assessment, the jail assessment,
10any applicable emergency medical services surcharge or domestic abuse assessment
11and such other relief that is sought by the plaintiff.
AB348, s. 37 12Section 37. 800.03 (3) of the statutes is amended to read:
AB348,20,2013 800.03 (3) The amount of the deposit shall be set by the municipal judge, but
14shall not be effective until approved by the governing body of the municipality. The
15amount shall not exceed the maximum penalty for the offense, including any penalty
16assessment that would be applicable under s. 165.87, any jail assessment that would
17be applicable under s. 302.46 (1), any emergency medical services surcharge that
18would be applicable under s. 345.15 (2)
and any domestic abuse assessment that
19would be applicable under s. 973.055 (1), plus court costs, including the fee
20prescribed in s. 814.65 (1).
AB348, s. 38 21Section 38. 800.04 (2) (c) of the statutes is amended to read:
AB348,21,922 800.04 (2) (c) If the defendant has made a deposit under par. (b) or s. 800.03
23and does not appear, he or she is deemed to have tendered a plea of no contest and
24submits to a forfeiture, a penalty assessment imposed by s. 165.87, a jail assessment
25imposed by s. 302.46 (1), any applicable emergency medical services surcharge

1imposed by s. 345.15 (2)
and any applicable domestic abuse assessment imposed by
2s. 973.055 (1) plus costs, including the fee prescribed in s. 814.65 (1), not exceeding
3the amount of the deposit. The court may either accept the plea of no contest and
4enter judgment accordingly, or reject the plea and issue a summons. If the court finds
5that the violation meets the conditions in s. 800.093 (1), the court may summon the
6alleged violator into court to determine if restitution shall be ordered under s.
7800.093. If the defendant fails to appear in response to the summons, the court shall
8issue a warrant under s. 968.09. If the defendant has made a deposit but does appear,
9the court shall allow the defendant to withdraw the plea of no contest.
AB348, s. 39 10Section 39. 800.09 (1) (intro.) of the statutes is amended to read:
AB348,21,2111 800.09 (1) Judgment. (intro.) If a municipal court finds a defendant guilty it
12may render judgment by ordering restitution under s. 800.093 and payment of a
13forfeiture, the penalty assessment imposed by s. 165.87, the jail assessment imposed
14by s. 302.46 (1), any applicable emergency medical services surcharge imposed by s.
15345.15 (2)
and any applicable domestic abuse assessment imposed by s. 973.055 (1)
16plus costs of prosecution, including the fee prescribed in s. 814.65 (1). The court shall
17apply any payment received on a judgment that includes restitution to first satisfy
18any payment of restitution ordered, then to pay the forfeiture, assessments and, if
19applicable, emergency medical services surcharge,
and costs. If the judgment is not
20paid, the court may proceed under par. (a), (b) or (c) or any combination of those
21paragraphs, as follows:
AB348, s. 40 22Section 40. 800.09 (1) (a) of the statutes is amended to read:
AB348,22,923 800.09 (1) (a) The court may defer payment of any judgment or provide for
24instalment payments. At the time the judgment is rendered, the court shall inform
25the defendant, orally and in writing, of the date by which restitution and the

1payment of the forfeiture, the penalty assessment, the jail assessment and any
2applicable emergency medical services surcharge or domestic abuse assessment plus
3costs must be made, and of the possible consequences of failure to do so in timely
4fashion, including imprisonment, as provided in s. 800.095, or suspension of the
5defendant's motor vehicle operating privilege, as provided in par. (c), if applicable.
6If the defendant is not present, the court shall ensure that the information is sent
7to the defendant by mail. In 1st class cities, all of the written information required
8by this paragraph shall be printed in English and Spanish and provided to each
9defendant.
AB348, s. 41 10Section 41. 800.09 (2) (b) of the statutes is amended to read:
AB348,22,2411 800.09 (2) (b) If the person charged fails to appear personally or by an attorney
12at the time fixed for hearing of the case, the defendant may be deemed to have
13entered a plea of no contest and the money deposited, if any, or such portion thereof
14as the court determines to be an adequate penalty, plus the penalty assessment, the
15jail assessment and any applicable emergency medical services surcharge or
16domestic abuse assessment plus costs, including the fee prescribed in s. 814.65 (1),
17may be declared forfeited by the court or may be ordered applied upon the payment
18of any penalty which may be imposed, together with the penalty assessment, the jail
19assessment and any applicable emergency medical services surcharge or domestic
20abuse assessment plus costs. If the court finds that the violation meets the
21conditions in s. 800.093 (1), the court may summon the alleged violator into court to
22determine if restitution shall be ordered under s. 800.093. Any money remaining
23after payment of any penalties, assessments, surcharge, costs and restitution shall
24be refunded to the person who made the deposit.
AB348, s. 42 25Section 42. 800.12 (2) of the statutes is amended to read:
AB348,23,6
1800.12 (2) A municipality may by ordinance provide that a municipal judge
2may impose a forfeiture for contempt under sub. (1) in an amount not to exceed $50
3or, upon nonpayment of the forfeiture, penalty assessment under s. 165.87 and jail
4assessment under s. 302.46, any applicable emergency medical services surcharge
5under s. 345.15 (2)
and any applicable domestic abuse assessment under s. 973.055
6(1), a jail sentence not to exceed 7 days.
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