AB620: Bill Text

AB620,9,11 815.18 (3) (k) Depository accounts. Depository accounts in the aggregate value of $1,000, but only to the extent that the account is for the debtor's personal use and is not used as a business account.

AB620, s. 21 Section 21. 895.035 (2) of the statutes is amended to read:

AB620,9,22 895.035 (2) The parent or parents with custody of a minor child, in any circumstances where he, she or they may not be liable under the common law, are liable for damages to property, for the cost of repairing or replacing property or removing the marking, drawing, writing or etching from property regarding a violation under s. 943.017, for the value of unrecovered stolen property or for personal injury attributable to a wilful, malicious or wanton act of the child. The parent or parents with custody of their minor child are jointly and severally liable with the child for the damages imposed under s. 895.80, 943.212, 943.24, 943.245 or 943.51 for their child's violation of s. 943.01, 943.011, 943.012, 943.017, 943.20, 943.201, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41, 943.50 or 943.61.

AB620, s. 22 Section 22. 895.08 of the statutes is created to read:

AB620,9,25 895.08 Assignment of debt and right to sue. (1) Any person may assign a debt owed to that person to any other person, including a debt collection agency licensed by the department of financial institutions. That assignment shall be in writing for consideration and shall state the amount owed to the original creditor, the name of the debtor and the name of the person to whom the debt is assigned.

AB620,10,10 (2) An assignee taking assignment of a debt under this section shall take the assignment of the debt in his or her own name as real parties in interest for the purpose of billing, collection and bringing suit in his or her own name. No suit regarding an assigned debt may be instituted on behalf of a collection agency in any court unless the collection agency appears by a duly authorized and licensed attorney at law. When a suit is commenced under this subsection, the court may authorize payment of reasonable attorney fees and costs to the prevailing party.

AB620,10,15 (3) The person assigned a debt under this section shall send notice to the debtor of the assignment by mail at the debtor's last known address within 30 calendar days after making the assignment. If the person assigned the debt fails to send a notice to the debtor within the time period required by this subsection, the assignment may not be effective until the notice is sent to the debtor.

AB620, s. 23 Section 23. 895.80 (2) of the statutes is amended to read:

AB620,10,23 895.80 (2) The burden of proof in a civil action under sub. (1) is with the person who suffers damage or loss to prove his or her case a violation of s. 943.01, 943.011, 943.012, 943.017, 943.20, 943.201, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41, 943.50 or 943.61 by a preponderance of the credible evidence. A conviction under s. 943.01, 943.011, 943.012, 943.017, 943.20, 943.201, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41, 943.50 or 943.61 is not required to bring an action, obtain a judgment or collect on that judgment under this section.

AB620, s. 24 Section 24. 895.80 (3) (a) of the statutes is repealed and recreated to read:

AB620,11,4 895.80 (3) (a) Actual damages, including the retail or replacement value of damaged, used or lost property, whichever is greater, for a violation of s. 943.01, 943.011, 943.012, 943.017, 943.20, 943.201, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41, 943.50 or 943.61.

AB620, s. 25 Section 25. 895.80 (3) (b) of the statutes is amended to read:

AB620,11,8 895.80 (3) (b) All costs of investigation and litigation that were reasonably incurred, including the value of the time spent by any employe or agent of the victim, court costs and reasonable attorney fees.

AB620, s. 26 Section 26. 895.80 (3) (c) of the statutes is created to read:

AB620,11,12 895.80 (3) (c) Exemplary damages of not more than 3 times the amount awarded under par. (a). No additional proof is required under this section for an award of exemplary damages under this paragraph.

AB620, s. 27 Section 27. 895.80 (4) of the statutes is repealed and recreated to read:

AB620,11,15 895.80 (4) Any recovery under this section shall be reduced by the amount recovered as restitution under ss. 800.093 and 973.20 and ch. 938.

AB620, s. 28 Section 28. 895.80 (6) of the statutes is created to read:

AB620,11,18 895.80 (6) A person is not criminally liable under s. 943.30 for any action brought in good faith under this section.

AB620, s. 29 Section 29. 943.24 (3) (b) of the statutes is amended to read:

AB620,11,24 943.24 (3) (b) Proof that, at the time of issuance, the person did not have sufficient funds or credit with the drawee and that the person failed within 5 days after receiving written notice of nonpayment or dishonor to pay the check or other order, delivered by regular mail to either the person's last-known address, or to the address provided on the check or other order; or

AB620, s. 30 Section 30. 943.24 (3) (c) of the statutes is amended to read:

AB620,12,5 943.24 (3) (c) Proof that, when presentment was made within a reasonable time, the person did not have sufficient funds or credit with the drawee and the person failed within 5 days after receiving written notice of nonpayment or dishonor to pay the check or other order, delivered by regular mail to either the person's last-known address, or to the address provided on the check or other order.

AB620, s. 31 Section 31. 943.245 (3) of the statutes is amended to read:

AB620,12,9 943.245 (3) Notwithstanding sub. (2) (c) and (d), the total amount awarded for exemplary damages and reasonable attorney fees may not exceed $500 for each violation.

AB620, s. 32 Section 32. 943.245 (4) of the statutes is amended to read:

AB620,12,19 943.245 (4) At least 20 days prior to commencing an action, as specified in s. 801.02, under this section, the plaintiff shall notify the defendant, by mail, of his or her intent to bring the action. Notice of nonpayment or dishonor shall be sent by the payee or holder of the check or order to the drawer by regular mail supported by an affidavit of service of mailing or by a certificate of mailing obtained from the U.S. post office from which the mailing was made. The plaintiff shall mail the notice to the defendant's last-known address or to the address provided on the check or order. If the defendant pays the check or order prior to the commencement of the action, he or she is not liable under this section.

AB620, s. 33 Section 33. 943.50 (3) of the statutes is amended to read:

AB620,13,8 943.50 (3) A merchant, a merchant's adult employe or a merchant's security agent who has reasonable cause for believing that a person has violated this section in his or her presence may detain the person in a reasonable manner for a reasonable length of time to deliver the person to a peace officer, or to his or her parent or guardian in the case of a minor. The detained person must be promptly informed of the purpose for the detention and be permitted to make phone calls, but he or she shall not be interrogated or searched against his or her will before the arrival of a peace officer who may conduct a lawful interrogation of the accused person. The merchant, merchant's adult employe or merchant's security agent may release the detained person before the arrival of a peace officer or parent or guardian. Any merchant, merchant's adult employe or merchant's security agent who acts in good faith in any act authorized under this section is immune from civil or criminal liability for those acts.

AB620, s. 34 Section 34. 943.51 (3) of the statutes is amended to read:

AB620,13,12 943.51 (3) Notwithstanding sub. (2) and except as provided in sub. (3m), the total amount awarded for exemplary damages and reasonable attorney fees may not exceed $500 for each violation.

AB620, s. 35 Section 35. 943.51 (3m) of the statutes is amended to read:

AB620,13,17 943.51 (3m) Notwithstanding sub. (2), the total amount awarded for exemplary damages and reasonable attorney fees may not exceed $300 for each violation if the action is brought against a minor or against the parent who has custody of their minor child for the loss caused by the minor.

AB620, s. 36 Section 36. Initial applicability.

AB620,13,20 (1) This act first applies to actions commenced on the effective date of this subsection.

AB620, s. 37 Section 37. Effective date.

AB620,13,23 (1) This act takes effect on the first day of the 4th month beginning after publication.

AB620,13,24 (End)