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.
AB348, s. 43 7Section 43. 814.60 (2) (cg) of the statutes is created to read:
AB348,23,88 814.60 (2) (cg) Emergency medical services surcharge imposed by s. 345.15 (2);
AB348, s. 44 9Section 44. 973.05 (1) of the statutes is amended to read:
AB348,24,810 973.05 (1) When a defendant is sentenced to pay a fine, the court may grant
11permission for the payment of the fine, of the penalty assessment imposed by s.
12165.87, the jail assessment imposed by s. 302.46 (1), the crime victim and witness
13assistance surcharge under s. 973.045, any applicable deoxyribonucleic acid analysis
14surcharge under s. 973.046, any applicable drug abuse program improvement
15surcharge imposed by s. 161.41 (5), any applicable domestic abuse assessment
16imposed by s. 971.37 (1m) (c) 1. or 973.055, any applicable emergency medical
17services surcharge imposed by s. 345.15,
any applicable driver improvement
18surcharge imposed by s. 346.655, any applicable weapons assessment imposed by s.
19167.31, any applicable uninsured employer assessment imposed by s. 102.85 (4), any
20applicable environmental assessment imposed by s. 144.992, any applicable wild
21animal protection assessment imposed by s. 29.9965, any applicable natural
22resources assessment imposed by s. 29.997 and any applicable natural resources
23restitution payment imposed by s. 29.998 to be made within a period not to exceed
2460 days. If no such permission is embodied in the sentence, the fine, the penalty
25assessment, the jail assessment, the crime victim and witness assistance surcharge,

1any applicable deoxyribonucleic acid analysis surcharge, any applicable drug abuse
2program improvement surcharge, any applicable domestic abuse assessment, any
3applicable emergency medical services surcharge,
any applicable driver
4improvement surcharge, any applicable weapons assessment, any applicable
5uninsured employer assessment, any applicable environmental assessment, any
6applicable wild animal protection assessment, any applicable natural resources
7assessment and any applicable natural resources restitution payment shall be
8payable immediately.
AB348, s. 45 9Section 45. 973.05 (2) of the statutes is amended to read:
AB348,25,1310 973.05 (2) When a defendant is sentenced to pay a fine and is also placed on
11probation, the court may make the payment of the fine, the penalty assessment, the
12jail assessment, the crime victim and witness assistance surcharge, any applicable
13deoxyribonucleic acid analysis surcharge, any applicable drug abuse program
14improvement surcharge, any applicable domestic abuse assessment, any applicable
15uninsured employer assessment, any applicable emergency medical services
16surcharge,
any applicable driver improvement surcharge, any applicable weapons
17assessment, any applicable environmental assessment, any applicable wild animal
18protection assessment, any applicable natural resources assessment and any
19applicable natural resources restitution payments a condition of probation. When
20the payments are made a condition of probation by the court, payments thereon shall
21be applied first to payment of the penalty assessment until paid in full, shall then
22be applied to the payment of the jail assessment until paid in full, shall then be
23applied to the payment of part A of the crime victim and witness assistance surcharge
24until paid in full, shall then be applied to part B of the crime victim and witness
25assistance surcharge until paid in full, shall then be applied to the deoxyribonucleic

1acid analysis surcharge until paid in full, shall then be applied to the drug abuse
2improvement surcharge until paid in full, shall then be applied to payment of the
3emergency medical services surcharge until paid in full,
shall then be applied to
4payment of the driver improvement surcharge until paid in full, shall then be applied
5to payment of the domestic abuse assessment until paid in full, shall then be applied
6to payment of the natural resources assessment if applicable until paid in full, shall
7then be applied to payment of the natural resources restitution payment until paid
8in full, shall then be applied to the payment of the environmental assessment if
9applicable until paid in full, shall then be applied to the payment of the wild animal
10protection assessment if applicable until paid in full, shall then be applied to
11payment of the weapons assessment until paid in full, shall then be applied to
12payment of the uninsured employer assessment until paid in full and shall then be
13applied to payment of the fine.
AB348, s. 46 14Section 46. 973.07 of the statutes is amended to read:
AB348,26,8 15973.07 Failure to pay fine or costs. If the fine, costs, penalty assessment,
16jail assessment, crime victim and witness assistance surcharge, applicable
17deoxyribonucleic acid analysis surcharge, applicable drug abuse program
18improvement surcharge, applicable domestic abuse assessment, applicable
19emergency medical services surcharge,
applicable driver improvement surcharge,
20applicable weapons assessment, applicable uninsured employer assessment,
21applicable environmental assessment, applicable wild animal protection
22assessment, applicable natural resources assessment and applicable natural
23resources restitution payments are not paid as required by the sentence, the
24defendant may be committed to the county jail until the fine, costs, penalty
25assessment, jail assessment, crime victim and witness assistance surcharge,

1applicable deoxyribonucleic acid analysis surcharge, applicable drug abuse program
2improvement surcharge, applicable domestic abuse assessment, applicable
3emergency medical services surcharge,
applicable driver improvement surcharge,
4applicable weapons assessment, applicable uninsured employer assessment,
5applicable environmental assessment, applicable wild animal protection
6assessment, applicable natural resources assessment or applicable natural
7resources restitution payments are paid or discharged for a period fixed by the court
8not to exceed 6 months.
AB348, s. 47 9Section 47. Initial applicability.
AB348,26,11 10(1)  This act first applies to violations occurring on the effective date of this
11subsection.
AB348, s. 48 12Section 48. Effective date.
AB348,26,14 13(1) This act takes effect on the first day of the 7th month beginning after
14publication.
AB348,26,1515 (End)
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