AB91: Bill Text

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)