AB67: Bill Text

LRB-0824/1

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1995 - 1996 LEGISLATURE

1995 Assembly BILL 67

January 26, 1995 - Introduced by Representatives Coleman, Goetsch, Lehman, Jensen, Ziegelbauer, Seratti, Wilder, Ladwig, Freese, Vrakas, Albers, Turner, Nass, Brandemuehl, Dobyns, Lazich, Robson, Kaufert, Ward, Schneiders, Otte, Gunderson, Grobschmidt, Owens, Kreuser, Green, Porter, Ryba, Plache, Musser, Skindrud, Springer, Walker, Ainsworth, Notestein, La Fave, Silbaugh and Ott, cosponsored by Senators Huelsman, Weeden, Farrow, Panzer, Cowles, Helbach, Rosenzweig, Darling, Buettner and Drzewiecki. Referred to Committee on Judiciary.

AB67,1,3 An Act to amend 800.093 (2), 800.093 (3) (b) (intro.), 800.093 (4) (intro.) and 800.093 (5) (intro.) of the statutes; relating to: removing the limit on restitution ordered by a municipal court.

Analysis by the Legislative Reference Bureau

Under current law, if a violation of a municipal ordinance that prohibits conduct that is similar to conduct prohibited by state statute results in damage to property or physical injury, the violator may be ordered to pay restitution to the victim. The amount of restitution in most cases is limited to $200. This bill removes the $200 limit.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB67, s. 1 Section 1. 800.093 (2) of the statutes is amended to read:

AB67,1,9 800.093 (2) Restitution ordered under this section is enforceable in a civil action by the victim named in the order to receive restitution. A court may not order a defendant to pay more than $200 in restitution under this section. This $200 limit does not apply to restitution ordered for violation of an ordinance that prohibits conduct that is the same as or similar to the conduct prohibited by s. 943.24 or 943.50.

AB67, s. 2 Section 2. 800.093 (3) (b) (intro.) of the statutes is amended to read:

AB67,2,4 800.093 (3) (b) (intro.) If return of the property under par. (a) is impossible, impractical or inadequate, pay the owner or owner's designee, subject to the $200 limit in sub. (2), the reasonable repair or replacement cost or the greater of the following:

AB67, s. 3 Section 3. 800.093 (4) (intro.) of the statutes is amended to read:

AB67,2,8 800.093 (4) (intro.) If the violation resulted in physical injury, the restitution order may require that the defendant do one or more of the following , subject to the $200 limit in sub. (2):

AB67, s. 4 Section 4. 800.093 (5) (intro.) of the statutes is amended to read:

AB67,2,11 800.093 (5) (intro.) The restitution order may require that the defendant do one or more of the following, subject to the $200 limit in sub. (2):

AB67, s. 5 Section 5. Initial applicability.

AB67,2,14 (1) This act first applies to violations of municipal ordinances that occur on the effective date of this subsection.

AB67,2,15 (End)