AB620,9,119 815.18 (3) (k) Depository accounts. Depository accounts in the aggregate value
10of $1,000, but only to the extent that the account is for the debtor's personal use and
11is not used as a business account
.
AB620, s. 21 12Section 21. 895.035 (2) of the statutes is amended to read:
AB620,9,2213 895.035 (2) The parent or parents with custody of a minor child, in any
14circumstances where he, she or they may not be liable under the common law, are
15liable for damages to property, for the cost of repairing or replacing property or
16removing the marking, drawing, writing or etching from property regarding a
17violation under s. 943.017, for the value of unrecovered stolen property or for
18personal injury attributable to a wilful, malicious or wanton act of the child. The
19parent or parents with custody of their minor child are jointly and severally liable
20with the child for the damages imposed under s. 895.80, 943.212, 943.24, 943.245
21or
943.51 for their child's violation of s. 943.01, 943.011, 943.012, 943.017, 943.20,
22943.201, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41,
943.50 or 943.61.
AB620, s. 22 23Section 22. 895.08 of the statutes is created to read:
AB620,9,25 24895.08 Assignment of debt and right to sue. (1) Any person may assign
25a debt owed to that person to any other person, including a debt collection agency

1licensed by the department of financial institutions. That assignment shall be in
2writing for consideration and shall state the amount owed to the original creditor, the
3name of the debtor and the name of the person to whom the debt is assigned.
AB620,10,10 4(2) An assignee taking assignment of a debt under this section shall take the
5assignment of the debt in his or her own name as real parties in interest for the
6purpose of billing, collection and bringing suit in his or her own name. No suit
7regarding an assigned debt may be instituted on behalf of a collection agency in any
8court unless the collection agency appears by a duly authorized and licensed attorney
9at law. When a suit is commenced under this subsection, the court may authorize
10payment of reasonable attorney fees and costs to the prevailing party.
AB620,10,15 11(3) The person assigned a debt under this section shall send notice to the debtor
12of the assignment by mail at the debtor's last known address within 30 calendar days
13after making the assignment. If the person assigned the debt fails to send a notice
14to the debtor within the time period required by this subsection, the assignment may
15not be effective until the notice is sent to the debtor.
AB620, s. 23 16Section 23. 895.80 (2) of the statutes is amended to read:
AB620,10,2317 895.80 (2) The burden of proof in a civil action under sub. (1) is with the person
18who suffers damage or loss to prove his or her case a violation of s. 943.01, 943.011,
19943.012, 943.017, 943.20, 943.201, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41,
20943.50 or 943.61
by a preponderance of the credible evidence. A conviction under s.
21943.01, 943.011, 943.012, 943.017, 943.20, 943.201, 943.21, 943.24, 943.26, 943.34,
22943.395, 943.41, 943.50 or 943.61 is not required to bring an action, obtain a
23judgment or collect on that judgment under this section.
AB620, s. 24 24Section 24. 895.80 (3) (a) of the statutes is repealed and recreated to read:
AB620,11,4
1895.80 (3) (a) Actual damages, including the retail or replacement value of
2damaged, used or lost property, whichever is greater, for a violation of s. 943.01,
3943.011, 943.012, 943.017, 943.20, 943.201, 943.21, 943.24, 943.26, 943.34, 943.395,
4943.41, 943.50 or 943.61.
AB620, s. 25 5Section 25. 895.80 (3) (b) of the statutes is amended to read:
AB620,11,86 895.80 (3) (b) All costs of investigation and litigation that were reasonably
7incurred, including the value of the time spent by any employe or agent of the victim,
8court costs and reasonable attorney fees
.
AB620, s. 26 9Section 26. 895.80 (3) (c) of the statutes is created to read:
AB620,11,1210 895.80 (3) (c) Exemplary damages of not more than 3 times the amount
11awarded under par. (a). No additional proof is required under this section for an
12award of exemplary damages under this paragraph.
AB620, s. 27 13Section 27. 895.80 (4) of the statutes is repealed and recreated to read:
AB620,11,1514 895.80 (4) Any recovery under this section shall be reduced by the amount
15recovered as restitution under ss. 800.093 and 973.20 and ch. 938.
AB620, s. 28 16Section 28. 895.80 (6) of the statutes is created to read:
AB620,11,1817 895.80 (6) A person is not criminally liable under s. 943.30 for any action
18brought in good faith under this section.
AB620, s. 29 19Section 29. 943.24 (3) (b) of the statutes is amended to read:
AB620,11,2420 943.24 (3) (b) Proof that, at the time of issuance, the person did not have
21sufficient funds or credit with the drawee and that the person failed within 5 days
22after receiving written notice of nonpayment or dishonor to pay the check or other
23order, delivered by regular mail to either the person's last-known address, or to the
24address provided on the check or other order
; or
AB620, s. 30 25Section 30. 943.24 (3) (c) of the statutes is amended to read:
AB620,12,5
1943.24 (3) (c) Proof that, when presentment was made within a reasonable
2time, the person did not have sufficient funds or credit with the drawee and the
3person failed within 5 days after receiving written notice of nonpayment or dishonor
4to pay the check or other order, delivered by regular mail to either the person's
5last-known address, or to the address provided on the check or other order
.
AB620, s. 31 6Section 31. 943.245 (3) of the statutes is amended to read:
AB620,12,97 943.245 (3) Notwithstanding sub. (2) (c) and (d), the total amount awarded for
8exemplary damages and reasonable attorney fees may not exceed $500 for each
9violation
.
AB620, s. 32 10Section 32. 943.245 (4) of the statutes is amended to read:
AB620,12,1911 943.245 (4) At least 20 days prior to commencing an action, as specified in s.
12801.02, under this section, the plaintiff shall notify the defendant, by mail, of his or
13her intent to bring the action. Notice of nonpayment or dishonor shall be sent by the
14payee or holder of the check or order to the drawer by regular mail supported by an
15affidavit of service of mailing or by a certificate of mailing obtained from the U.S. post
16office from which the mailing was made
. The plaintiff shall mail the notice to the
17defendant's last-known address or to the address provided on the check or order. If
18the defendant pays the check or order prior to the commencement of the action, he
19or she is not liable under this section.
AB620, s. 33 20Section 33. 943.50 (3) of the statutes is amended to read:
AB620,13,821 943.50 (3) A merchant, a merchant's adult employe or a merchant's security
22agent who has reasonable cause for believing that a person has violated this section
23in his or her presence may detain the person in a reasonable manner for a reasonable
24length of time to deliver the person to a peace officer, or to his or her parent or
25guardian in the case of a minor
. The detained person must be promptly informed of

1the purpose for the detention and be permitted to make phone calls, but he or she
2shall not be interrogated or searched against his or her will before the arrival of a
3peace officer who may conduct a lawful interrogation of the accused person. The
4merchant, merchant's adult employe or merchant's security agent may release the
5detained person before the arrival of a peace officer or parent or guardian
. Any
6merchant, merchant's adult employe or merchant's security agent who acts in good
7faith in any act authorized under this section is immune from civil or criminal
8liability for those acts.
AB620, s. 34 9Section 34. 943.51 (3) of the statutes is amended to read:
AB620,13,1210 943.51 (3) Notwithstanding sub. (2) and except as provided in sub. (3m), the
11total amount awarded for exemplary damages and reasonable attorney fees may not
12exceed $500 for each violation.
AB620, s. 35 13Section 35. 943.51 (3m) of the statutes is amended to read:
AB620,13,1714 943.51 (3m) Notwithstanding sub. (2), the total amount awarded for
15exemplary damages and reasonable attorney fees may not exceed $300 for each
16violation
if the action is brought against a minor or against the parent who has
17custody of their minor child for the loss caused by the minor.
AB620, s. 36 18Section 36. Initial applicability.
AB620,13,2019 (1) This act first applies to actions commenced on the effective date of this
20subsection.
AB620, s. 37 21Section 37. Effective date.
AB620,13,2322 (1) This act takes effect on the first day of the 4th month beginning after
23publication.
AB620,13,2424 (End)
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