AB498: Bill Text

LRB-2537/1

RPN:jlg:hmh

1997 - 1998 LEGISLATURE

1997 Assembly BILL 498

September 2, 1997 - Introduced by Representatives Hoven, M. Lehman, Ladwig, Ainsworth, Bock, Albers, Plouff, Goetsch, Grothman, Gunderson, Sykora, Urban and Powers, cosponsored by Senators Huelsman and Roessler. Referred to Committee on Judiciary.

AB498,1,6 An Act to amend 66.119 (1) (b) 7. b., 66.119 (1) (b) 7. c., 66.119 (1) (b) 7. d., 66.119 (3) (a), 66.119 (3) (c), 66.119 (3) (d), 66.12 (1) (b), 345.26 (1) (b) 1., 345.26 (1) (b) 2., 345.36 (2) (b), 345.37 (1) (b), 345.37 (2), 800.02 (2) (a) 8., 800.02 (2) (a) 9., 800.04 (2) (c), 800.04 (2m) and 800.09 (2) (b); and to create 345.11 (3), 345.26 (1) (b) 3. and 800.03 (6) of the statutes; relating to: requiring a court appearance for certain traffic offenses.

Analysis by the Legislative Reference Bureau

Currently, if a person is served with a citation involving an alleged violation of a traffic regulation for which a forfeiture is the penalty, he or she may deposit the amount stated on the citation and not appear in court. The court considers the payment to be a plea of no contest and enters a judgment accordingly. Under current law, if a person is served with a citation for a violation that involves first-offense drunk driving, he or she is required to appear in court, even though the penalty for that violation is a forfeiture. Under this bill, if an individual dies in an incident related to a violation of a traffic regulation for which a forfeiture is the penalty, the person served with the citation for the violation is required to appear in court if the law enforcement officer who issued the citation states that an individual died in the incident and states that the person is required to appear in court at the time fixed in the citation. The bill requires a law enforcement officer who issues a citation for a violation for which a forfeiture is the penalty, if he or she knows that an individual died in the incident related to the violation, to state that fact on the citation and to state on the citation that the person served with the citation is required to appear in court at the time fixed in the citation.

For further information see the local fiscal estimate, which will be printed as an appendix to this bill.

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

AB498, s. 1 Section 1. 66.119 (1) (b) 7. b. of the statutes is amended to read:

AB498,2,4 66.119 (1) (b) 7. b. That if the alleged violator makes such a deposit, he or she need not appear in court unless subsequently summoned unless he or she is required to appear in court under s. 66.12 (1) (b).

AB498, s. 2 Section 2. 66.119 (1) (b) 7. c. of the statutes is amended to read:

AB498,2,12 66.119 (1) (b) 7. c. That if the alleged violator makes a cash deposit and, does not appear in court, and is not required to appear in court under s. 66.12 (1) (b), he or she either will be deemed to have tendered a plea of no contest and submitted to a forfeiture, a penalty assessment imposed by s. 165.87, a jail assessment imposed by s. 302.46 (1) and any applicable domestic abuse assessment imposed by s. 973.055 (1) not to exceed the amount of the deposit or will be summoned into court to answer the complaint if the court does not accept the plea of no contest.

AB498, s. 3 Section 3. 66.119 (1) (b) 7. d. of the statutes is amended to read:

AB498,3,3 66.119 (1) (b) 7. d. That if the alleged violator does not make a cash deposit and does not appear in court at the time specified, the court may issue a summons or a warrant for the defendant's arrest or, if the person is not required to appear in court under s. 66.12 (1) (b), consider the nonappearance to be a plea of no contest and enter judgment under sub. (3) (d), or the municipality may commence an action against the alleged violator to collect the forfeiture, the penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1) and any applicable domestic abuse assessment imposed by s. 973.055 (1).

AB498, s. 4 Section 4. 66.119 (3) (a) of the statutes is amended to read:

AB498,3,12 66.119 (3) (a) The person named as the alleged violator in a citation may appear in court at the time specified in the citation or, if the person is not required to appear in court under s. 66.12 (1) (b), may mail or deliver personally a cash deposit in the amount, within the time and to the court, clerk of court or other official specified in the citation. If a person makes a cash deposit, the person may nevertheless appear in court at the time specified in the citation, provided that the cash deposit may be retained for application against any forfeiture, restitution, penalty assessment, jail assessment or domestic abuse assessment that may be imposed.

AB498, s. 5 Section 5. 66.119 (3) (c) of the statutes is amended to read:

AB498,4,12 66.119 (3) (c) If the alleged violator makes a cash deposit and fails to appear in court, and if the person is not required to appear in court under s. 66.12 (1) (b), the citation may serve as the initial pleading and the violator shall be considered to have tendered a plea of no contest and submitted to a forfeiture, the penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1) and any applicable domestic abuse assessment imposed by s. 973.055 (1) not exceeding the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly or reject the plea. If the court finds the violation meets the conditions in s. 800.093 (1), the court may summon the alleged violator into court to determine if restitution shall be ordered under s. 800.093. If the court accepts the plea of no contest, the defendant may move within 10 days after the date set for the appearance to withdraw the plea of no contest, open the judgment and enter a plea of not guilty if the defendant shows to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise or excusable neglect. If the plea of no contest is accepted and not subsequently changed to a plea of not guilty, no costs or fees may be taxed against the violator, but a penalty assessment, a jail assessment and, if applicable, a domestic abuse assessment shall be assessed. If the court rejects the plea of no contest, an action for collection of the forfeiture, penalty assessment, jail assessment and any applicable domestic abuse assessment may be commenced. A city, village, town sanitary district or public inland lake protection and rehabilitation district may commence action under s. 66.12 (1) and a county or town may commence action under s. 778.10. The citation may be used as the complaint in the action for the collection of the forfeiture, penalty assessment, jail assessment and any applicable domestic abuse assessment.

AB498, s. 6 Section 6. 66.119 (3) (d) of the statutes is amended to read:

AB498,5,10 66.119 (3) (d) If the alleged violator does not make a cash deposit and fails to appear in court at the time specified in the citation, the court may issue a summons or warrant for the defendant's arrest or, if the person is not required to appear in court under s. 66.12 (1) (b), consider the nonappearance to be a plea of no contest and enter judgment accordingly if service was completed as provided under par. (e) or the county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district may commence an action for collection of the forfeiture, penalty assessment and jail assessment and any applicable domestic abuse assessment. A city, village, town sanitary district or public inland lake protection and rehabilitation district may commence action under s. 66.12 (1) and a county or town may commence action under s. 778.10. The citation may be used as the complaint in the action for the collection of the forfeiture, penalty assessment and jail assessment and any applicable domestic abuse assessment. If the court considers the nonappearance to be a plea of no contest and enters judgment accordingly, the court shall promptly mail a copy or notice of the judgment to the defendant. The judgment shall allow the defendant not less than 20 days from the date of the judgment to pay any forfeiture, penalty assessment and jail assessment and any applicable domestic abuse assessment imposed. If the defendant moves to open the judgment within 6 months after the court appearance date fixed in the citation, and shows to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise or excusable neglect, the court shall reopen the judgment, accept a not guilty plea and set a trial date.

AB498, s. 7 Section 7. 66.12 (1) (b) of the statutes is amended to read:

AB498,6,19 66.12 (1) (b) Local ordinances, except as provided in this paragraph or ss. 345.20 to 345.53, may contain a provision for stipulation of guilt or no contest of any or all violations under those ordinances, and may designate the manner in which the stipulation is to be made and fix the penalty to be paid. When a person charged with a violation for which stipulation of guilt or no contest is authorized makes a timely stipulation and pays the required penalty and pays the penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1) and any applicable domestic abuse assessment imposed by s. 973.055 (1) to the designated official, the person need not appear in court and no witness fees or other additional costs may be taxed unless the local ordinance so provides. A court appearance is required for a violation of a local ordinance in conformity with s. 346.63 (1). A person on whom a uniform traffic citation is served for an alleged violation of a local ordinance enacted in accordance with s. 349.06 for which operating a motor vehicle is an element of the offense shall appear in court if that citation includes a statement that the alleged violation is related to an incident that resulted in the death of an individual and a statement that the person on whom the citation is served is required to appear in court at the time fixed in the citation. The official receiving the penalties shall remit all moneys collected to the treasurer of the city, village, town sanitary district or public inland lake protection and rehabilitation district in whose behalf the sum was paid, except that all jail assessments shall be remitted to the county treasurer, within 20 days after its receipt by him or her; and in case of any failure in the payment, the treasurer may collect the payment of the officer by action, in the name of the office, and upon the official bond of the officer, with interest at the rate of 12% per year from the time when it should have been paid. In the case of the penalty assessment imposed by s. 165.87, the driver improvement surcharge imposed by s. 346.655 (1) and any applicable domestic abuse assessment imposed by s. 973.055 (1), the treasurer of the city, village, town sanitary district or public inland lake protection and rehabilitation district shall remit to the state treasurer the sum required by law to be paid on the actions so entered during the preceding month on or before the first day of the next succeeding month. The governing body of the city, village, town sanitary district or public inland lake protection and rehabilitation district shall by ordinance designate the official to receive the penalties and the terms under which the official shall qualify.

AB498, s. 8 Section 8. 345.11 (3) of the statutes is created to read:

AB498,6,25 345.11 (3) If an individual dies in an incident related to the alleged violation of a traffic regulation, as defined in s. 345.20 (1) (b), for which operating a motor vehicle is an element of the offense and the death is known to the law enforcement officer at the time that he or she issues a uniform traffic citation for the alleged violation, the citation shall include all of the following:

AB498,7,2 (a) A statement that the alleged violation is related to an incident that resulted in the death of an individual.

AB498,7,4 (b) A statement that the person on whom the citation is served is required to appear in court at the time fixed in the citation.

AB498, s. 9 Section 9. 345.26 (1) (b) 1. of the statutes is amended to read:

AB498,7,12 345.26 (1) (b) 1. If Except as provided in subd. 3., if the person makes a deposit for a violation of a traffic regulation, the person need not appear in court at the time fixed in the citation, and the person will be deemed considered to have tendered a plea of no contest and submitted to a forfeiture and a penalty assessment, if required by s. 165.87, and a jail assessment, if required by s. 302.46 (1), plus any applicable fees prescribed in ch. 814, not to exceed the amount of the deposit that the court may accept as provided in s. 345.37; and

AB498, s. 10 Section 10. 345.26 (1) (b) 2. of the statutes is amended to read:

AB498,7,17 345.26 (1) (b) 2. If the person fails to make a deposit for a violation of a traffic regulation or appear in court at the time fixed in the citation, the court may enter a default judgment finding the person guilty of the offense or issue a warrant for his or her arrest.; and

AB498, s. 11 Section 11. 345.26 (1) (b) 3. of the statutes is created to read:

AB498,7,23 345.26 (1) (b) 3. If the person is arrested for an alleged violation of a traffic regulation for which operating a motor vehicle is an element of the offense and the alleged violation is related to an incident that resulted in the death of an individual, the arresting officer shall inform the alleged violator that he or she is required to appear in court at the time fixed in the citation.

AB498, s. 12 Section 12. 345.36 (2) (b) of the statutes is amended to read:

AB498,8,12 345.36 (2) (b) Deem If the person is not required to appear in court under s. 345.26 (1) (b) 3., consider the nonappearance a plea of no contest and enter judgment accordingly. If the defendant has posted bond for appearance at that date, the court may also order the bond forfeited. The court shall promptly mail a copy of the judgment to the defendant. The judgment shall allow not less than 20 days from the date thereof for payment of any forfeiture, penalty assessment, jail assessment and costs imposed. If the defendant moves to open the judgment within 20 days after the date set for trial, and shows to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise or excusable neglect, the court shall open the judgment, reinstate the not guilty plea and set a new trial date. The court may impose costs under s. 814.07. The court shall immediately notify the department to delete the record of conviction based upon the original judgment.

AB498, s. 13 Section 13. 345.37 (1) (b) of the statutes is amended to read:

AB498,9,3 345.37 (1) (b) Deem If the person is not required to appear in court under s. 345.26 (1) (b) 3., consider the nonappearance a plea of no contest and enter judgment accordingly. If the defendant has posted bond for appearance at that date, the court may also order the bond forfeited. The court shall promptly mail a copy or notice of the judgment to the defendant. The judgment shall allow not less than 20 days from the date thereof for payment of any forfeiture, penalty assessment and costs imposed. If the defendant moves to open the judgment within 6 months after the court appearance date fixed in the citation, and shows to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise or excusable neglect, the court shall open the judgment, accept a not guilty plea and set a trial date. The court may impose costs under s. 814.07. The court shall immediately notify the department to delete the record of conviction based upon the original judgment. If the offense involved is a nonmoving traffic violation and the defendant is subject to s. 345.28 (5) (c), a default judgment may be entered and opened as provided in s. 345.28 (5) (c).

AB498, s. 14 Section 14. 345.37 (2) of the statutes is amended to read:

AB498,9,20 345.37 (2) If the defendant has made a deposit under s. 345.26, and is not required to appear in court under s. 345.26 (1) (b) 3., the citation may serve as the initial pleading and the defendant shall be deemed to have tendered a plea of no contest and submitted to a forfeiture and a penalty assessment, if required by s. 165.87, and a jail assessment, if required by s. 302.46 (1), plus costs, including any applicable fees prescribed in ch. 814, not exceeding the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly, or reject the plea and issue a summons under ch. 968. If the defendant fails to appear in response to the summons, the court shall issue a warrant under ch. 968. If the court accepts the plea of no contest, the defendant may move within 6 months after the date set for the appearance to withdraw the plea of no contest, open the judgment and enter a plea of not guilty upon a showing to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise or excusable neglect. If on reopening the defendant is found not guilty, the court shall immediately notify the department to delete the record of conviction based on the original proceeding and shall order the defendant's deposit returned.

AB498, s. 15 Section 15. 800.02 (2) (a) 8. of the statutes is amended to read:

AB498,9,25 800.02 (2) (a) 8. Notice that if the defendant makes a deposit and fails to appear in court at the time fixed in the citation, and is not required to appear in court under s. 800.03 (6), the defendant is deemed to have tendered a plea of no contest and submits to a forfeiture, penalty assessment, jail assessment and any applicable domestic abuse assessment plus costs, including the fee prescribed in s. 814.65 (1), not to exceed the amount of the deposit. The notice shall also state that the person is required to appear in court if the citation states that he or she is required to appear and that the court may decide to summon the defendant rather than accept the deposit and plea.

AB498, s. 16 Section 16. 800.02 (2) (a) 9. of the statutes is amended to read:

AB498,10,10 800.02 (2) (a) 9. Notice that if the defendant does not make a deposit and fails to appear in court at the time fixed in the citation, the court may issue a summons or a warrant for the defendant's arrest or, if the person is not required to appear in court under s. 800.03 (6), may enter a default judgment against the defendant.

AB498, s. 17 Section 17. 800.03 (6) of the statutes is created to read:

AB498,10,18 800.03 (6) Notwithstanding sub. (1), a person on whom a uniform traffic citation is served for an alleged violation of a local ordinance enacted in accordance with s. 349.06 for which operating a motor vehicle is an element of the offense shall appear in court if that citation includes a statement that the alleged violation is related to an incident that resulted in the death of an individual and a statement that the person on whom the citation is served is required to appear in court at the time fixed in the citation.

AB498, s. 18 Section 18. 800.04 (2) (c) of the statutes is amended to read:

AB498,11,7 800.04 (2) (c) If the defendant has made a deposit under par. (b) or s. 800.03 and does not appear, and if the person is not required to appear in court under s. 800.03 (6), he or she is deemed to have tendered a plea of no contest and submits to a forfeiture, a penalty assessment imposed by s. 165.87, a jail assessment imposed by s. 302.46 (1) and any applicable domestic abuse assessment imposed by s. 973.055 (1) plus costs, including the fee prescribed in s. 814.65 (1), not exceeding the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly, or reject the plea and issue a summons. If the court finds that the violation meets the conditions in s. 800.093 (1), the court may summon the alleged violator into court to determine if restitution shall be ordered under s. 800.093. If the defendant fails to appear in response to the summons, the court shall issue a warrant under s. 968.09. If the defendant has made a deposit but does appear, the court shall allow the defendant to withdraw the plea of no contest.