SB446: Bill Text

SB446, s. 28 Section 28. 895.08 of the statutes is created to read:

SB446,13,3 895.08 Suit by collection agency. In addition to the requirements of ss. 801.09 (1), 801.095, 802.04 (1), and 815.05 (intro.), in an action brought by a collection agency under s. 218.04 (9j), the collection agency shall include in the caption, under its name, the names of the creditors on whose behalf the action is brought.

SB446, s. 29 Section 29. 895.80 (1) of the statutes is amended to read:

SB446,13,12 895.80 (1) Any person who suffers damage or loss by reason of intentional conduct that occurs on or after November 1, 1995, and that is prohibited under s. 943.01, 943.20, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41, 943.50 , or 943.61, or by reason of intentional conduct that occurs on or after April 28, 1998, and that is prohibited under s. 943.201, or by reason of intentional conduct that occurs on or after the effective date of this subsection .... [revisor inserts date], and that is prohibited under s. 943.011, 943.012, or 943.017, has a cause of action against the person who caused the damage or loss.

SB446, s. 30 Section 30. 895.80 (2) of the statutes is amended to read:

SB446,13,20 895.80 (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.

SB446, s. 31 Section 31. 895.80 (3) (a) of the statutes is repealed and recreated to read:

SB446,13,25 895.80 (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.

SB446, s. 32 Section 32. 895.80 (3) (b) of the statutes is amended to read:

SB446,14,4 895.80 (3) (b) All costs of investigation and litigation that were reasonably incurred, including the value of the time spent by any employee or agent of the victim.

SB446, s. 33 Section 33. 895.80 (3) (c) of the statutes is created to read:

SB446,14,8 895.80 (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.

SB446, s. 34 Section 34. 895.80 (4) of the statutes is repealed and recreated to read:

SB446,14,11 895.80 (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.

SB446, s. 35 Section 35. 895.80 (6) of the statutes is created to read:

SB446,14,14 895.80 (6) A person is not criminally liable under s. 943.30 for any action brought in good faith under this section.

SB446, s. 36 Section 36. 938.245 (2) (a) 5. am. of the statutes is amended to read:

SB446,15,3 938.245 (2) (a) 5. am. That the parent who has custody, as defined in s. 895.035 (1), of the juvenile make reasonable restitution for any damage to the property of another, or for any actual physical injury to another excluding pain and suffering, resulting from the act for which the deferred prosecution agreement is being entered into. Except for recovery for retail theft under s. 943.51, the maximum amount of any restitution ordered under this subd. 5. am. for damage or injury resulting from any one act of a juvenile or from the same act committed by 2 or more juveniles in the custody of the same parent may not exceed the amount specified in s. 799.01 (1) (d) $5,000. Any order under this subd. 5. am. shall include a finding that the parent who has custody of the juvenile is financially able to pay the amount ordered and may allow up to the date of the expiration of the deferred prosecution agreement for the payment. Any recovery under this subd. 5. am. shall be reduced by the amount recovered as restitution for the same act under subd. 5. a.

SB446, s. 37 Section 37. 938.32 (1t) (a) 1m. of the statutes is amended to read:

SB446,15,21 938.32 (1t) (a) 1m. If the petition alleges that the juvenile has committed a delinquent act that has resulted in damage to the property of another, or in actual physical injury to another excluding pain and suffering, the judge or juvenile court commissioner may require a parent who has custody, as defined in s. 895.035 (1), of the juvenile, as a condition of the consent decree, to make reasonable restitution for the damage or injury. Except for recovery for retail theft under s. 943.51, the maximum amount of any restitution ordered under this subdivision for damage or injury resulting from any one act of a juvenile or from the same act committed by 2 or more juveniles in the custody of the same parent may not exceed the amount specified in s. 799.01 (1) (d) $5,000. Any consent decree that includes a condition of restitution by a parent who has custody of the juvenile shall include a finding that the parent who has custody of the juvenile is financially able to pay the amount ordered and may allow up to the date of the expiration of the consent decree for the payment. Objection by the parent to the amount of damages claimed shall entitle the parent to a hearing on the question of damages before the amount of restitution is made part of the consent decree. Any recovery under this subdivision shall be reduced by the amount recovered as restitution for the same act under subd. 1.

SB446, s. 38 Section 38. 938.45 (1r) (a) of the statutes is amended to read:

SB446,16,11 938.45 (1r) (a) In a proceeding in which a juvenile has been found to have committed a delinquent act or a civil law or ordinance violation that has resulted in damage to the property of another, or in actual physical injury to another excluding pain and suffering, the court may order a parent who has custody, as defined in s. 895.035 (1), of the juvenile to make reasonable restitution for the damage or injury. Except for recovery for retail theft under s. 943.51, the maximum amount of any restitution ordered under this paragraph for damage or injury resulting from any one act of a juvenile or from the same act committed by 2 or more juveniles in the custody of the same parent may not exceed the amount specified in s. 799.01 (1) (d) $5,000. Any order under this paragraph shall include a finding that the parent who has custody of the juvenile is financially able to pay the amount ordered and may allow up to the date of expiration of the order for the payment. Any recovery under this paragraph shall be reduced by the amount recovered as restitution for the same act under s. 938.34 (5) or 938.343 (4).

SB446, s. 39 Section 39. 938.45 (1r) (b) of the statutes is amended to read:

SB446,16,22 938.45 (1r) (b) In a proceeding in which the court has determined under s. 938.34 (8) or 938.343 (2) that the imposition of a forfeiture would be in the best interest of the juvenile and in aid of rehabilitation, the court may order a parent who has custody, as defined in s. 895.035 (1), of the juvenile to pay the forfeiture. The amount of any forfeiture ordered under this paragraph may not exceed the amount specified in s. 799.01 (1) (d) $5,000. Any order under this paragraph shall include a finding that the parent who has custody of the juvenile is financially able to pay the amount ordered and shall allow up to 12 months after the date of the order for the payment. Any recovery under this paragraph shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.34 (8) or 938.343 (2).

SB446, s. 40 Section 40. 943.212 (7) of the statutes is amended to read:

SB446,17,3 943.212 (7) Nothing in this section precludes a plaintiff from bringing the action under ch. 799 if the amount claimed is within the jurisdictional limits of s. 799.01 (1) (d) or, if the claim is based on negligence, s. 799.01 (1) (e).

SB446, s. 41 Section 41. 943.24 (3) (b) of the statutes is amended to read:

SB446,17,9 943.24 (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 the address provided on the check or other order; or

SB446, s. 42 Section 42. 943.24 (3) (c) of the statutes is amended to read:

SB446,17,15 943.24 (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 the address provided on the check or other order.

SB446, s. 43 Section 43. 943.245 (3) of the statutes is amended to read:

SB446,17,19 943.245 (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.

SB446, s. 44 Section 44. 943.245 (4) of the statutes is amended to read:

SB446,18,4 943.245 (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.

SB446, s. 45 Section 45. 943.245 (8) of the statutes is amended to read:

SB446,18,8 943.245 (8) Nothing in this section precludes a plaintiff from bringing the action under ch. 799 if the amount claimed is within the jurisdictional limits of s. 799.01 (1) (d) or, if the claim is based on negligence, s. 799.01 (1) (e).

SB446, s. 46 Section 46. 943.51 (3) of the statutes is amended to read:

SB446,18,12 943.51 (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.

SB446, s. 47 Section 47. 943.51 (3m) of the statutes is amended to read:

SB446,18,17 943.51 (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.

SB446, s. 48 Section 48. 943.51 (6) of the statutes is amended to read:

SB446,18,21 943.51 (6) Nothing in this section precludes a plaintiff from bringing the action under ch. 799 if the amount claimed is within the jurisdictional limits of s. 799.01 (1) (d) or, if the claim is based on negligence, s. 799.01 (1) (e).

SB446, s. 49 Section 49. Initial applicability.

SB446,18,24 (1) Except as provided in subsection (2), this act first applies to actions commenced or claims made on the effective date of this subsection.

SB446,19,5 (2) The treatment of sections 895.035 (2) and (4), 895.80 (1), (2), (3) (a), (b), and (c), (4), and (6), 938.245 (2) (a) 5. am., 938.32 (1t) (a) 1m., 938.45 (1r) (a) and (b), 943.212 (7), 943.24 (3) (b) and (c), 943.245 (3), (4), and (8), and 943.51 (3), (3m), and (6) of the statutes first applies to violations committed on the effective date of this subsection.

SB446, s. 50 Section 50. Effective date.

SB446,19,8 (1) This act takes effect on the first day of the 4th month beginning after publication.

SB446,19,9 (End)