AB508: Bill Text

LRB-2479/2

RPN&PJH:jld:rs

2001 - 2002 LEGISLATURE

2001 Assembly BILL 508

September 24, 2001 - Introduced by Representatives Jeskewitz, Riley, La Fave, Bock, Montgomery, Musser, Ryba, Coggs, Turner, Albers, Plale, Young and Ott, cosponsored by Senators Moore, Plache and George. Referred to Committee on Judiciary.

AB508,1,5 An Act to amend 345.47 (1) (intro.), 345.47 (1) (c), 345.47 (1) (d), 800.09 (1) (a), 800.09 (1) (c), 800.095 (2) (a) (form), 800.095 (4) (a), 800.095 (4) (b) (intro.) and 800.095 (4) (c); and to create 345.47 (4) and 800.09 (3) of the statutes; relating to: payment of judgments in traffic cases and in municipal court and the suspension of operating privileges.

Analysis by the Legislative Reference Bureau

Currently, if a person is found guilty of violating a traffic regulation, the court may enter judgment against the defendant for the forfeiture and for any applicable assessments, such as a penalty assessment. In addition, the court may suspend or revoke the person's operating privilege for a period not exceeding one year. This bill requires the court, when entering judgment, to tell the defendant, or to notify the defendant if he or she is not present in court, that he or she should notify the court if he or she is unable to pay the judgment because of poverty. The bill requires the court to determine if the defendant is unable to pay the judgment because of poverty, and if so, to give the defendant the opportunity to pay the judgment in installments, based on the defendant's income.

Under current law, if a defendant is found guilty in municipal court of an ordinance violation, the court orders the defendant to pay a forfeiture, restitution, and applicable assessments and informs the defendant of the date on which the judgment must be paid and of the penalties of failure to pay the judgment, including imprisonment and operating privilege suspension. The bill requires the municipal court to also notify the defendant at the time the judgment is rendered that, if the defendant cannot pay the judgment because of poverty, he or she should notify the court. If a judgment is not paid, current law allows the municipal court to defer payments, provide for installment payments of the judgment, allow the defendant to perform community service in lieu of paying the judgment, suspend the defendant's operating privilege, or imprison the defendant for up to 90 days. This bill prohibits the judge from ordering the defendant imprisoned or the suspension of the defendant's operating privilege if the defendant has notified the municipal court of his or her poverty unless the defendant fails to comply with the court order to pay the judgment in installments or to perform community service work.

Currently, a person found guilty of violating a traffic regulation or ordinance who fails to pay the ordered judgment may be imprisoned for up to 90 days or may have his or her operating privilege suspended for 30 days or until the judgment is paid, but not to exceed five years. Under this bill, the court may terminate the ordered operating privilege suspension and substitute an installment plan for the payment of the judgment. The bill requires the court to terminate the ordered operating privilege suspension and substitute an installment plan for the payment of the judgment if the defendant is unable to pay the judgment because of poverty and the defendant has not previously failed to comply with a court-ordered installment plan.

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:

AB508, s. 1 Section 1. 345.47 (1) (intro.) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB508,3,9 345.47 (1) (intro.) If the defendant is found guilty, the court may enter judgment against the defendant for a monetary amount not to exceed the maximum forfeiture, penalty assessment, if required by s. 757.05, the jail assessment, if required by s. 302.46 (1), the truck driver education assessment, if required by s. 349.04, the railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), and the crime laboratories and drug law enforcement assessment, if required by s. 165.755, provided for the violation and for costs under s. 345.53 and, in addition, may suspend or revoke his or her operating privilege under s. 343.30. Upon entering judgment, the court shall notify the defendant personally, if the defendant is present, and in writing that the defendant should notify the court if he or she is unable to pay the judgment because of poverty, as that term is used in s. 814.29 (1) (d). If the court, using the criteria in s. 814.29 (1) (d), determines that the defendant is unable to pay the judgment because of poverty, the court may not suspend the defendant's operating privilege without first providing the defendant with an opportunity to pay the judgment in installments, taking into account the defendant's income. If the judgment is not paid or if the defendant fails to make any ordered installment payment, the court shall order:

AB508, s. 2 Section 2. 345.47 (1) (c) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB508,4,4 345.47 (1) (c) If a court or judge suspends an operating privilege under this section, 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. 757.05, a truck driver education assessment, if required by s. 349.04, a jail assessment, if required by s. 302.46 (1), a railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), and a crime laboratories and drug law enforcement assessment, if required by s. 165.755, imposed by the court, or for failure to comply with an installment payment plan ordered under this section. 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, jail assessment, truck driver education assessment, railroad crossing improvement assessment, and crime laboratories and drug law enforcement assessment are paid during a period of suspension, or if the court orders an installment payment plan under sub. (4), 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.

AB508, s. 3 Section 3. 345.47 (1) (d) of the statutes is amended to read:

AB508,4,20 345.47 (1) (d) In addition to or in lieu of imprisonment or suspension under par. (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 or the court orders an installment payment plan under sub. (4), the court shall immediately notify the department of the payment or installment plan in the form and manner prescribed by the department. This paragraph does not apply if the court orders an installment payment plan under sub. (1) (intro.) and the defendant makes all installment payments ordered.

AB508, s. 4 Section 4. 345.47 (4) of the statutes is created to read:

AB508,4,25 345.47 (4) (a) If the operating privilege of a defendant is suspended under this section, the court may terminate that suspension and substitute an installment payment plan for paying the amount of the judgment that takes into account the defendant's income.

AB508,5,4 (b) If the operating privilege of a defendant is suspended under this section, the court shall terminate that suspension and substitute an installment payment plan for the payment of the amount of the judgment that takes into account the defendant's income if all of the following conditions apply:

AB508,5,6 1. The defendant is unable to pay the judgment in full because of poverty, as that term is used in s. 814.29 (1) (d).

AB508,5,9 2. The defendant has not previously failed to comply with an installment payment plan ordered under this section that takes into account the defendant's income.

AB508,5,12 (c) If the defendant fails to comply with an installment payment plan ordered under this subsection, the court shall reinstate the suspension of the defendant's operating privilege.

AB508, s. 5 Section 5. 800.09 (1) (a) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB508,6,6 800.09 (1) (a) The court may defer payment of any judgment or provide for instalment installment payments. At the time the judgment is rendered, the court shall inform the defendant, orally and in writing, of the date by which restitution and the payment of the forfeiture, the penalty assessment, the jail assessment, the crime laboratories and drug law enforcement assessment, any applicable consumer protection assessment, and any applicable domestic abuse assessment plus costs must be made, and of the possible consequences of failure to do so in timely fashion, including imprisonment, as provided in s. 800.095, or suspension of the defendant's motor vehicle operating privilege, as provided in par. (c), if applicable. In addition, the court shall inform the defendant, orally and in writing, that if the defendant cannot pay the judgment because of poverty, as that term is used in s. 814.29 (1) (d), the defendant should so notify the court. If the defendant notifies the court of his or her poverty, the court may not order imprisonment or the suspension of the defendant's operating privilege, except as provided in s. 800.095. If the defendant is not present, the court shall ensure that the information is sent to the defendant by mail. In 1st class cities, all of the written information required by this paragraph shall be printed in English and Spanish and provided to each defendant.

AB508, s. 6 Section 6. 800.09 (1) (c) of the statutes is amended to read:

AB508,6,18 800.09 (1) (c) The court may suspend the defendant's operating privilege, as defined in s. 340.01 (40), until restitution is made and the forfeiture, assessments and costs are paid, if the defendant has not done so within 60 days after the date the restitution or payments or both are to be made under par. (a) and has not notified the court that he or she is unable to comply with the judgment, as provided under s. 800.095 (4) par. (a), except that the suspension period may not exceed 2 years. The court shall take possession of the suspended license and shall forward the license, along with a notice of the suspension clearly stating that the suspension is for failure to comply with a judgment of the court, to the department of transportation. This paragraph does not apply if the forfeiture is assessed for violation of an ordinance that is unrelated to the violator's operation of a motor vehicle.

AB508, s. 7 Section 7. 800.09 (3) of the statutes is created to read:

AB508,6,23 800.09 (3) Judgment regarding operating privilege. (a) If the operating privilege of a defendant is suspended under this section or s. 800.095, the court may terminate that suspension and substitute an installment payment plan for paying the amount of the judgment that takes into account the defendant's income.

AB508,7,2 (b) If the operating privilege of a defendant is suspended under this section or s. 800.095, the court shall terminate that suspension and substitute an installment payment plan for the payment of the amount of the judgment that takes into account the defendant's income if all of the following conditions apply:

AB508,7,4 1. The defendant is unable to pay the judgment in full because of poverty, as that term is used in s. 814.29 (1) (d).

AB508,7,7 2. The defendant has not previously failed to comply with an installment payment plan ordered under this section that takes into account the defendant's income.

AB508,7,10 (c) If the defendant fails to comply with an installment payment plan ordered under this subsection, the court shall reinstate the suspension of the defendant's operating privilege.

AB508, s. 8 Section 8. 800.095 (2) (a) (form) of the statutes is amended to read:

AB508,7,12 800.095 (2) (a) (form):

AB508,7,13 STATE OF WISCONSIN

AB508,7,14 .... City/Village/Town

AB508,7,15 State of Wisconsin

AB508,7,16 vs.

AB508,7,17 .... Defendant(s)

AB508,7,18 THE STATE OF WISCONSIN TO THE DEFENDANT

AB508,7,22 A judgment, a copy of which is attached, has been entered against you for (restitution and) the payment of a civil forfeiture. You were ordered by the court on ...., .... (year) to (make the following payments: ....) (perform the following community service work order: ....) (make the following restitution: ....).

AB508,7,23 You have failed to comply with that order.

AB508,8,6 YOU ARE THEREFORE ORDERED to appear before the Honorable .... in .... Courtroom, at the .... Courthouse, in the City/Town/Village of .... at .... a.m./p.m. TO SHOW THAT YOU ARE UNABLE TO (PAY THE FORFEITURE OR MAKE RESTITUTION FOR GOOD CAUSE OR BECAUSE OF YOUR INDIGENCE POVERTY) (TO COMPLY WITH THE COMMUNITY SERVICE WORK ORDER FOR GOOD CAUSE). If (good cause or your indigence poverty has prevented you from paying the forfeiture or making restitution) (good cause has prevented you from complying with the community service work order), the court will modify the order.

AB508,8,11 IF YOU FAIL TO APPEAR AT THE TIME AND PLACE DESIGNATED ABOVE, AN ORDER FOR COMMITMENT SHALL BE ISSUED AND YOU WILL BE IMPRISONED IN THE JAIL/HOUSE OF CORRECTIONS. IN ADDITION, AN ORDER MAY BE ISSUED TO SUSPEND YOUR MOTOR VEHICLE OPERATING PRIVILEGE.

AB508,8,12 Dated: ...., .... (year)

AB508,8,13 Signature:....

AB508,8,14 (Municipal Court Judge)