AB671: Bill Text

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1999 - 2000 LEGISLATURE

1999 Assembly BILL 671

January 25, 2000 - Introduced by Representatives Berceau, Walker, La Fave, Ladwig, Richards, Reynolds, Young, Riley, Musser, Pocan, Albers, Lassa, Wasserman, Sherman, Boyle and Huber, cosponsored by Senators Risser, Plache, Erpenbach, Burke, George, Robson, Roessler, Darling and Huelsman. Referred to Committee on Judiciary and Personal Privacy.

AB671,1,3 An Act to amend 814.61 (1) (a), 814.61 (1) (b), 814.70 (1) and 814.70 (3) (intro.); and to create 814.61 (1) (e) of the statutes; relating to: court fees charged in harassment actions.

Analysis by the Legislative Reference Bureau

Generally, under current law, when a person starts a civil action in circuit court, the person is required to pay a court filing fee of $75. If the action affects the family, an additional fee is required. The court filing fee does not apply to paternity actions, some forfeiture actions and actions under the Uniform Interstate Family Support Act. Currently, if a person petitions a court for a domestic abuse injunction, no court filing fee is paid by the petitioner. In addition, the petitioner is not required to pay the court support services fee, the justice information system fee, the special prosecution clerks fee or the fees charged by the sheriff related to service of process. If the person who is the subject of the domestic abuse temporary restraining order (TRO) or injunction is convicted of violating that TRO or injunction, that person is required to pay the court filing fee, the court support services fee, the justice information system fee, the special prosecution clerks fee and the fees charged by the sheriff related to service of process.

This bill provides that a person who petitions a court for a harassment TRO or injunction is not required to pay the court filing fee, the court support services fee, the justice information system fee, the special prosecution clerks fee or the fees charged by the sheriff related to service of process. Instead, the person who is the subject of the harassment TRO or injunction is required to pay those fees if he or she is convicted of violating that TRO or injunction.

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

AB671, s. 1 Section 1. 814.61 (1) (a) of the statutes is amended to read:

AB671,2,7 814.61 (1) (a) Except as provided under pars. (c) and, (d) and (e), at the commencement of all civil actions and special proceedings not specified in ss. 814.62 to 814.66, $75. Of the fees received by the clerk under this paragraph, the county treasurer shall pay $45 to the state treasurer for deposit in the general fund and shall retain the balance for the use of the county. The state treasurer shall credit $15 of the $45 to the appropriation under s. 20.680 (2) (j).

AB671, s. 2 Section 2. 814.61 (1) (b) of the statutes is amended to read:

AB671,2,12 814.61 (1) (b) Except as provided in pars. (c) and, (d) and (e), in addition to the fee under par. (a), at the commencement of an action affecting the family as defined in s. 767.02, a fee of $20 to be deposited by the county treasurer in a separate account to be used by the county exclusively for the purposes specified in s. 767.11.

AB671, s. 3 Section 3. 814.61 (1) (e) of the statutes is created to read:

AB671,2,18 814.61 (1) (e) No fee charged under this subsection in any action commenced under s. 813.125 may be collected from a petitioner under s. 813.125. The fee charged under this subsection for petitions filed and granted under s. 813.125 shall be collected from the respondent under s. 813.125 if he or she is convicted of violating a temporary restraining order or injunction issued under s. 813.125 (3) or (4).

AB671, s. 4 Section 4. 814.70 (1) of the statutes is amended to read:

AB671,3,8 814.70 (1) Service of process. For each service or attempted service of a summons or any other process for commencement of an action, a writ, an order of injunction, a subpoena or any other order, $12 for each defendant or person. If there is more than one defendant or person to be served at a given address, $6 for each additional defendant or person. No fee charged under this subsection in any action commenced under s. 813.12 or 813.125 may be collected from a petitioner under s. 813.12 or 813.125. The fee charged under this subsection in any action commenced under s. 813.12 or 813.125 shall be collected from the respondent under s. 813.12 or 813.125 if he or she is convicted of violating a temporary restraining order or injunction issued under s. 813.12 (3) or (4) or 813.125 (3) or (4).

AB671, s. 5 Section 5. 814.70 (3) (intro.) of the statutes is amended to read:

AB671,3,15 814.70 (3) Travel; civil process. (intro.) For travel in serving any summons, writ or other process, except criminal warrants, and except that a fee under this subsection in any action commenced under s. 813.12 or 813.125 may not be collected from a petitioner but shall be collected from the respondent if he or she is convicted of violating a temporary restraining order or injunction issued under s. 813.12 (3) or (4) or 813.125 (3) or (4):

AB671, s. 6 Section 6. Initial applicability.

AB671,3,18 (1) This act first applies to actions commenced on the effective date of this subsection.

AB671,3,19 (End)