AB91: Bill Text

LRB-0171/1

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1997 - 1998 LEGISLATURE

1997 Assembly BILL 91

February 12, 1997 - Introduced by Representatives Krusick, Albers, Baumgart, Bock, Dobyns, Hahn, Harsdorf, Krug, La Fave, J. Lehman, M. Lehman, Notestein, Olsen, Ott, Otte, Plale, Ryba, Schafer, Staskunas, Turner, Urban, Walker and Wasserman, cosponsored by Senators Wirch, Buettner, Cowles, Darling, A. Lasee and Farrow. Referred to Committee on Judiciary.

AB91,1,7 An Act to renumber 345.47 (1) (a) and (b); to renumber and amend 345.47 (1) (intro.), 345.47 (1) (c) and 345.47 (1) (d); to amend 66.12 (3) (b), 85.13, 341.08 (4m), 341.10 (7), 345.28 (6), 814.04 (intro.), 814.16 and 973.06 (1) (intro.); and to create 59.40 (2) (mg), 66.12 (3) (cm), 345.47 (1g) (intro.) and 346.653 of the statutes; relating to: the recovery of costs of enforcing laws involving operating a motor vehicle while under the influence of alcohol or a controlled substance or both.

Analysis by the Legislative Reference Bureau

Current law provides that, if the state brings a successful action against a person who violates a statute, the state may recover certain costs in addition to any fine or forfeiture imposed. The costs that the state may recover vary according to whether the action is civil or criminal; and the costs include fees, disbursements, interest, and witness expenses.

This bill expands the type of costs that may be recovered in cases involving the operation of a motor vehicle while under the influence of an intoxicant or a controlled substance or both. Under the bill, the defendant is required to pay the costs incurred by the law enforcement agency in the apprehension and arrest of the defendant and in the investigation and prosecution of the offense.

For further information see the state and 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:

AB91, s. 1 Section 1. 59.40 (2) (mg) of the statutes is created to read:

AB91,2,3 59.40 (2) (mg) Pay monthly to the law enforcement agencies the enforcement costs as required under s. 346.653 (2) (a).

AB91, s. 2 Section 2. 66.12 (3) (b) of the statutes is amended to read:

AB91,2,18 66.12 (3) (b) All forfeitures and penalties recovered for the violation of any ordinance or bylaw of any city, village, town, town sanitary district or public inland lake protection and rehabilitation district shall be paid into the city, village, town, town sanitary district or public inland lake protection and rehabilitation district treasury for the use of the city, village, town, town sanitary district or public inland lake protection and rehabilitation district, except as otherwise provided in par. (c), sub. (1) (b) and s. 165.87. The Except as provided in par. (cm), the judge shall report and pay into the treasury, quarterly, or at more frequent intervals if so required, all moneys collected belonging to the city, village, town, town sanitary district or public inland lake protection and rehabilitation district, which report shall be certified and filed in the office of the treasurer; and the judge shall be entitled to duplicate receipts for such moneys, one of which he or she shall file with the city, village or town clerk or with the town sanitary district or the public inland lake protection and rehabilitation district.

AB91, s. 3 Section 3. 66.12 (3) (cm) of the statutes is created to read:

AB91,2,21 66.12 (3) (cm) The municipal court shall pay monthly to the law enforcement agencies the enforcement costs as required under s. 346.653 (2) (b).

AB91, s. 4 Section 4. 85.13 of the statutes is amended to read:

AB91,3,11 85.13 Cost of traffic violation and registration program. The department shall develop a system for charging local units of government or other authority as defined in s. 345.28 (1) (a) for the cost of the development and operation of the traffic violation and registration program under ss. 341.08 (4m), 341.10 (7) and (7m), 341.63 (1) (c), 345.28 (4) and 345.47 (1) (d) (1j) (b) based on the number of transactions processed by the local unit of government or other authority. No notices under s. 345.28 (4) submitted by an authority or under s. 345.47 (1) (d) (1j) (b) submitted by the court may be processed by the department unless the local unit of government or other authority involved has paid the department the appropriate amount determined by the department under this section.

AB91, s. 5 Section 5. 341.08 (4m) of the statutes is amended to read:

AB91,4,5 341.08 (4m) At least 30 days prior to the expiration of a vehicle's registration, the department shall mail to the last-known address of the registrant or, if the vehicle is subject to a lease agreement, of the lessee designated by the registrant, a notice of the date upon which the registration must be renewed and an application form for renewal of registration. The application form or an accompanying document shall include a list of any unpaid citations for nonmoving traffic violations or any judgments for violation of ch. 110, 194 or 341 to 350, an administrative rule of the department, or an ordinance enacted in accordance with s. 349.06, including parking violations, entered against the registrant which remain unpaid. The list of unpaid citations for nonmoving traffic violations shall be based on information obtained under s. 345.28 (4). The list of unpaid judgments shall be based on information obtained under s. 345.47 (1) (d) (1j) (b). If there is a citation for any nonmoving traffic violation entered against the registrant or designated lessee which is unpaid, he or she shall be notified that the vehicle may not be registered until the citation is paid or the registrant or designated lessee appears in court to respond to the citation. If there is a judgment entered against the registrant or designated lessee which is unpaid, he or she shall be notified that the vehicle may not be registered until the judgment is paid.

AB91, s. 6 Section 6. 341.10 (7) of the statutes is amended to read:

AB91,4,9 341.10 (7) A court has notified the department under s. 345.47 (1) (d) (1j) (b) that a judgment has been entered against the applicant and the judgment remains unpaid.

AB91, s. 7 Section 7. 345.28 (6) of the statutes is amended to read:

AB91,4,12 345.28 (6) No person may be arrested or imprisoned under s. 345.47 (1) (1g) (a) or ch. 785 for failure to pay a judgment assessed under this section and s. 345.47.

AB91, s. 8 Section 8. 345.47 (1) (intro.) of the statutes is renumbered 345.47 (1) and amended to read:

AB91,4,21 345.47 (1) If the defendant is found guilty, the court may enter judgment against the defendant for a monetary amount not to exceed the maximum forfeiture provided for the violation, the penalty assessment, if required by s. 165.87, and the jail assessment, if required by s. 302.46 (1), provided for the violation and for costs under s. 345.53 and, if required, under s. 346.653 and, in addition, may suspend or revoke his or her operating privilege under s. 343.30. If the judgment is not paid, the court shall order:

AB91, s. 9 Section 9. 345.47 (1) (a) and (b) of the statutes are renumbered 345.47 (1g) (a) and (b).

AB91, s. 10 Section 10. 345.47 (1) (c) of the statutes is renumbered 345.47 (1j) (a) and amended to read:

AB91,5,12 345.47 (1j) (a) If a court or judge suspends an operating privilege under this section sub. (1), the court or judge shall immediately take possession of the suspended license and shall forward it to the department together with the notice of suspension, which shall clearly state that the suspension was for failure to pay a forfeiture, a penalty assessment, if required by s. 165.87, and a jail assessment, if required by s. 302.46 (1), imposed by the court. The notice of suspension and the suspended license, if it is available, shall be forwarded to the department within 48 hours after the order of suspension. If the forfeiture, penalty assessment and jail assessment are paid during a period of suspension, the court or judge shall immediately notify the department. Upon receipt of the notice and payment of the reinstatement fee under s. 343.21 (1) (j), the department shall return the surrendered license.

AB91, s. 11 Section 11. 345.47 (1) (d) of the statutes is renumbered 345.47 (1j) (b) and amended to read:

AB91,6,2 345.47 (1j) (b) In addition to or in lieu of imprisonment or suspension under par. sub. (1g) (a) or (b), the court may notify the department, in the form and manner prescribed by the department, that a judgment has been entered against the defendant and remains unpaid. The notice shall include the name and last-known address of the person against whom the judgment was entered, the date judgment was entered, the amount of the judgment, the license number of the vehicle involved, certification by the court that a warrant has been served on the person against whom the judgment was entered or, in the case of a judgment entered under s. 345.28, that the person has been notified of the entry of judgment and the judgment remains unpaid and the place where the judgment may be paid. If the person subsequently pays the judgment the court shall immediately notify the department of the payment in the form and manner prescribed by the department.

AB91, s. 12 Section 12. 345.47 (1g) (intro.) of the statutes is created to read:

AB91,6,5 345.47 (1g) (intro.) If the judgment under sub. (1) is not paid, the court shall order:

AB91, s. 13 Section 13. 346.653 of the statutes is created to read:

AB91,6,12 346.653 Recovery of enforcement costs. (1) (a) In addition to the costs allowed under ss. 814.04 and 973.06, the court shall determine the costs incurred by each law enforcement agency in the apprehension and arrest of the defendant and in the investigation and prosecution of the offense if the defendant enters a plea under sub. (5) or if the court imposes a fine or a forfeiture against the defendant for a violation of any of the following:

AB91,6,13 1. Section 346.63 (1), (2), (5), (6) or (7).

AB91,6,14 2. A local ordinance in conformity with s. 346.63 (1) or (5).

AB91,6,16 3. A law of a federally recognized American Indian tribe or band in the this state in conformity with s. 346.63 (1) or (5).

AB91,6,17 4. Section 940.09 (1), while operating a motor vehicle.

AB91,6,18 5. Section 940.25, while operating a motor vehicle.

AB91,6,24 (b) The prosecutor shall present evidence of the costs incurred by each law enforcement agency and the defendant shall be given an opportunity to refute that evidence. The court shall order the defendant to pay the costs incurred by each law enforcement agency in addition to the fine or forfeiture and any assessment, payment or surcharge imposed, after subtracting any of those costs recovered under s. 346.65 (6) (e).

AB91,7,3 (2) (a) Except as provided in par. (b), the clerk of court shall collect and transmit the costs ordered under sub. (1) (b) to the law enforcement agency that incurred the costs as provided in s. 59.40 (2) (mg).

AB91,7,6 (b) If the forfeiture is imposed by a municipal court, the court shall collect and transmit the enforcement costs to the law enforcement agency that incurred the costs as provided in s. 66.12 (3) (cm).

AB91,7,9 (c) A law enforcement agency that receives a payment under this subsection shall provide the clerk of court or the municipal court with a receipt for the amount received.

AB91,7,10 (3) Costs imposed against a defendant under this section may only include:

AB91,7,15 (a) All wages or salary paid to law enforcement agency officers or supervisory personnel for time spent in the apprehension and arrest of the defendant, investigation of the offense, preparation of reports, court appearances and conferences with the district attorney, assistant district attorneys or other prosecutors.

AB91,7,18 (b) All costs for equipment used or fees for services incurred in connection with chemical analysis or testing done in the course of investigating or prosecuting the offense.

AB91,7,20 (4) In no case shall the costs imposed against a defendant under this section in connection with any one offense exceed $1,000.

AB91,7,25 (5) Costs shall be imposed against a defendant under this section in any action in which the defendant is initially charged with a violation of one of the statutes enumerated in sub. (1) (a), even when the original charge is subsequently changed to a charge of a violation of one or more other statutes and the defendant enters a plea of guilty or no contest to that amended charge.

AB91,8,2 (6) A defendant who is required to pay costs imposed under this section shall pay the costs to the court in which they were imposed.

AB91, s. 14 Section 14. 814.04 (intro.) of the statutes is amended to read:

AB91,8,7 814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 106.04 (6) (i) and (6m) (a), 346.653, 769.313, 814.025, 814.245, 895.035 (4), 895.75 (3), 895.77 (2), 895.79 (3), 895.80 (3), 943.212 (2) (b), 943.245 (2) (d) and 943.51 (2) (b), when allowed costs shall be as follows:

AB91, s. 15 Section 15. 814.16 of the statutes is amended to read:

AB91,8,11 814.16 Settlement, costs on. Except as provided in s. ss. 93.20 and 346.653, upon settlement of an action no greater sum may be demanded for costs than at the rate prescribed in this chapter.

AB91, s. 16 Section 16. 973.06 (1) (intro.) of the statutes is amended to read:

AB91,8,14 973.06 (1) (intro.) Except as provided in s. ss. 93.20 and 346.653, the costs taxable against the defendant shall consist of the following items and no others:

AB91, s. 17 Section 17. Initial applicability.

AB91,8,17 (1) This act first applies to offenses committed on the effective date of this subsection.

AB91,8,18 (End)