AB421: Bill Text

AB421, s. 135 Section 135. 345.47 (1) (c) of the statutes is amended to read:

AB421,57,6 345.47 (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, plus costs, fees, and surcharges imposed by the court under ch. 814. 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 plus costs, fees, and surcharges imposed under ch. 814, are paid during a period of suspension, 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.

AB421, s. 136 Section 136. 345.47 (2) of the statutes is amended to read:

AB421,57,14 345.47 (2) The payment of any judgment may be suspended or deferred for not more than 60 days in the discretion of the court. In cases where a deposit has been made, any forfeitures, penalty assessments, jail assessments, truck driver education assessments, railroad crossing improvement assessments, crime laboratories and drug law enforcement assessments, and plus costs , fees, and surcharges imposed under ch. 814, shall be taken out of the deposit and the balance, if any, returned to the defendant.

AB421, s. 137 Section 137. 345.47 (3) of the statutes is amended to read:

AB421,57,22 345.47 (3) When a defendant is imprisoned for nonpayment of a forfeiture, a penalty assessment, a jail assessment, a truck driver education assessment, a railroad crossing improvement assessment, or a crime laboratories and drug law enforcement assessment plus costs, fees, and surcharges imposed under ch. 814, for an action brought by a municipality located in more than one county, any commitment to a county institution shall be to the county in which the action was tried.

AB421, s. 138 Section 138. 345.49 (title) of the statutes is amended to read:

AB421,57,25 345.49 (title) Procedure on imprisonment; nonpayment of forfeiture, costs, fees, or assessments surcharges.

AB421, s. 139 Section 139. 345.49 (1) of the statutes is amended to read:

AB421,58,13 345.49 (1) Any person imprisoned under s. 345.47 for nonpayment of a forfeiture, a penalty assessment, if required by s. 757.05, a jail assessment, if required by s. 302.46 (1), a truck driver education assessment, if required by s. 349.04, a railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), or a crime laboratories and drug law enforcement assessment, if required by s. 165.755, plus costs, fees, and surcharges imposed under ch. 814, may, on request, be allowed to work under s. 303.08. If the person does work, earnings shall be applied on the unpaid forfeiture, penalty assessment, truck driver education assessment, jail assessment, railroad crossing improvement assessment, or crime laboratories and drug law enforcement assessment and costs, fees, and surcharges imposed under ch. 814, after payment of personal board and expenses and support of personal dependents to the extent directed by the court.

AB421, s. 140 Section 140. 345.49 (2) of the statutes is amended to read:

AB421,59,8 345.49 (2) Any person who is subject to imprisonment under s. 345.47 for nonpayment of a forfeiture, penalty assessment, truck driver education assessment, jail assessment, railroad crossing improvement assessment, or crime laboratories and drug law enforcement assessment plus costs, fees, and surcharges imposed under ch. 814, may be placed on probation to some person satisfactory to the court for not more than 90 days or until the forfeiture, penalty assessment, truck driver education assessment, jail assessment, railroad crossing improvement assessment, or crime laboratories and drug law enforcement assessment is and costs, fees, and surcharges imposed under ch. 814, are paid if that is done before expiration of the 90-day period. The payment of the forfeiture, penalty assessment, truck driver education assessment, jail assessment, railroad crossing improvement assessment, or crime laboratories and drug law enforcement assessment and costs, fees, and surcharges imposed under ch. 814, during that period shall be a condition of the probation. If the forfeiture, penalty assessment, truck driver education assessment, jail assessment, railroad crossing improvement assessment, or crime laboratories and drug law enforcement assessment is and costs, fees, and surcharges imposed under ch. 814, are not paid or the court deems that the interests of justice require, probation may be terminated and the defendant imprisoned as provided in sub. (1) or s. 345.47.

AB421, s. 141 Section 141. 345.61 (2) (c) of the statutes is amended to read:

AB421,59,24 345.61 (2) (c) "Guaranteed arrest bond certificate ," as used in this section, means any printed card or other certificate issued by an automobile club, association, or insurance company to any of its members or insureds, which card or certificate is signed by the member or insureds and contains a printed statement that the automobile club, association, or insurance company and a surety company, or an insurance company authorized to transact both automobile liability insurance and surety business, guarantee the appearance of the persons whose signature appears on the card or certificate and that they will, in the event of failure of the person to appear in court at the time of trial, pay any fine or forfeiture imposed on the person, including the penalty assessment required by s. 757.05, the truck driver education assessment required by s. 349.04, the jail assessment required by s. 302.46 (1), the railroad crossing improvement assessment required by s. 346.177, 346.495 or 346.65 (4r), and the crime laboratories and drug law enforcement assessment required by s. 165.755, plus costs, fees, and surcharges imposed under ch. 814, in an amount not exceeding $200, or $1,000 as provided in sub. (1) (b).

AB421, s. 142 Section 142. 346.177 of the statutes is amended to read:

AB421,60,5 346.177 Railroad crossing improvement assessment surcharge for vehicles illegally passing at railroad crossings. (1) Whenever a court imposes a forfeiture under s. 346.17 (2m) for a violation of s. 346.10 (1), the court shall also impose a railroad crossing improvement assessment surcharge under ch. 814 equal to 50% of the amount of the forfeiture.

AB421,60,8 (2) If a forfeiture is suspended in whole or in part, the railroad crossing improvement assessment surcharge shall be reduced in proportion to the suspension.

AB421,60,15 (3) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the railroad crossing improvement assessment surcharge under this section. If the deposit is forfeited, the amount of the railroad crossing improvement assessment surcharge shall be transmitted to the state treasurer under sub. (4). If the deposit is returned, the amount of the railroad crossing improvement assessment surcharge shall also be returned.

AB421,60,21 (4) The clerk of the circuit court shall collect and transmit to the county treasurer the railroad crossing improvement assessment surcharge as required under s. 59.40 (2) (m). The county treasurer shall then pay the state treasurer as provided in s. 59.25 (3) (f) 2. The state treasurer shall deposit all amounts received under this subsection in the transportation fund to be appropriated under s. 20.395 (2) (gj).

AB421, s. 143 Section 143. 346.495 of the statutes is amended to read:

AB421,61,2 346.495 Railroad crossing improvement assessment surcharge. (1) If a court imposes a forfeiture under s. 346.49 (1g) or (2m) (a), (am) , or (b) for a violation of s. 346.44, 346.45, or 346.46 (3), the court shall also impose a railroad crossing improvement assessment surcharge under ch. 814 equal to 50% of the amount of the forfeiture.

AB421,61,5 (2) If a forfeiture is suspended in whole or in part, the railroad crossing improvement assessment surcharge shall be reduced in proportion to the suspension.

AB421,61,12 (3) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the railroad crossing improvement assessment surcharge under this section. If the deposit is forfeited, the amount of the railroad crossing improvement assessment surcharge shall be transmitted to the state treasurer under sub. (4). If the deposit is returned, the amount of the railroad crossing improvement assessment surcharge shall also be returned.

AB421,61,18 (4) The clerk of the circuit court shall collect and transmit to the county treasurer the railroad crossing improvement assessment surcharge as required under s. 59.40 (2) (m). The county treasurer shall then pay the state treasurer as provided in s. 59.25 (3) (f) 2. The state treasurer shall deposit all amounts received under this subsection in the transportation fund to be appropriated under s. 20.395 (2) (gj).

AB421, s. 144 Section 144. 346.65 (4r) of the statutes is amended to read:

AB421,61,22 346.65 (4r) (a) If a court imposes a forfeiture under sub. (4m) for a violation of s. 346.62 (2m), the court shall also impose a railroad crossing improvement assessment surcharge under ch. 814 equal to 50% of the amount of the forfeiture.

AB421,61,25 (b) If a forfeiture is suspended in whole or in part, the railroad crossing improvement assessment surcharge shall be reduced in proportion to the suspension.

AB421,62,7 (c) If any deposit is made for an offense to which this subsection applies, the person making the deposit shall also deposit a sufficient amount to include the railroad crossing improvement assessment surcharge under this subsection. If the deposit is forfeited, the amount of the railroad crossing improvement assessment surcharge shall be transmitted to the state treasurer under par. (d). If the deposit is returned, the amount of the railroad crossing improvement assessment surcharge shall also be returned.

AB421,62,13 (d) The clerk of the circuit court shall collect and transmit to the county treasurer the railroad crossing improvement assessment surcharge as required under s. 59.40 (2) (m). The county treasurer shall then pay the state treasurer as provided in s. 59.25 (3) (f) 2. The state treasurer shall deposit all amounts received under this paragraph in the transportation fund to be appropriated under s. 20.395 (2) (gj).

AB421, s. 145 Section 145. 346.655 (1) of the statutes is amended to read:

AB421,62,21 346.655 (1) If a court imposes a fine or a forfeiture for a violation of s. 346.63 (1) or (5), or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, it shall impose a driver improvement surcharge under ch. 814 in an amount of $355 in addition to the fine or forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment, and, if required by s. 349.04, truck driver education assessment plus costs, fees, and other surcharges imposed under ch. 814.

AB421, s. 146 Section 146. 349.04 (title) of the statutes is amended to read:

AB421,62,23 349.04 (title) Truck driver education assessments surcharges.

AB421, s. 147 Section 147. 349.04 (1) of the statutes is amended to read:

AB421,63,4 349.04 (1) If a court imposes a fine or forfeiture for a violation of a provision of chs. 346 to 348 or a rule issued under chs. 346 to 348 and the violation involved a commercial motor vehicle, the court shall impose under ch. 814 a truck driver education assessment surcharge of $8.

AB421, s. 148 Section 148. 349.04 (2) of the statutes is amended to read:

AB421,63,8 349.04 (2) If a fine or forfeiture is suspended in whole or in part, the truck driver education assessment surcharge shall be reduced in proportion to the suspension.

AB421, s. 149 Section 149. 349.04 (3) of the statutes is amended to read:

AB421,63,15 349.04 (3) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the truck driver education assessment surcharge under this section. If the deposit is forfeited, the amount of the truck driver education assessment surcharge shall be transmitted to the state treasurer under sub. (4). If the deposit is returned, the amount of the truck driver education assessment surcharge shall also be returned.

AB421, s. 150 Section 150. 349.04 (4) of the statutes is amended to read:

AB421,63,22 349.04 (4) The clerk of the circuit court shall collect and transmit to the county treasurer the truck driver education assessment surcharge as required under s. 59.40 (2) (m). The county treasurer shall then pay the state treasurer as provided in s. 59.25 (3) (f) 2. The state treasurer shall deposit all amounts received under this subsection in the general fund to be credited to the appropriation account under s. 20.292 (1) (hm).

AB421, s. 151 Section 151. 350.115 of the statutes is amended to read:

AB421,64,4 350.115 Snowmobile registration restitution payments surcharge. (1) Levy of snowmobile registration restitution payment surcharge. (a) If a court imposes a forfeiture for a violation of a provision of this chapter where the payment of a registration fee is required, the court shall impose a snowmobile registration restitution payment surcharge under ch. 814 equal to the amount of the fee that was required and should have been obtained.

AB421,64,7 (b) If a forfeiture is suspended in whole or in part, the snowmobile registration restitution payment surcharge shall be reduced in proportion to the suspension unless the court directs otherwise.

AB421,64,14 (c) If any deposit is made for an offense to which this section applies, the person making the deposit shall also deposit a sufficient amount to include the snowmobile registration restitution payment prescribed in surcharge under this section. If the deposit is forfeited, the amount of the snowmobile registration restitution payment surcharge shall be transmitted to the state treasurer under par. (d). If the deposit is returned, the snowmobile registration restitution payment surcharge shall also be returned.

AB421,64,18 (d) The clerk of the court shall collect and transmit to the county treasurer the snowmobile registration restitution payment surcharge and other amounts required under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer as provided in s. 59.25 (3) (f) 2.

AB421,64,21 (2) Use of snowmobile registration restitution payment surcharge funds. All moneys collected from snowmobile registration restitution payments surcharges shall be deposited in the conservation fund.

AB421, s. 152 Section 152. 447.15 (4) of the statutes is amended to read:

AB421,65,2 447.15 (4) "Liability" includes the obligation to pay a judgment, settlement, penalty, assessment, forfeiture, or fine, including any excise tax assessed with respect to an employee benefit plan, plus costs, fees, and surcharges imposed under ch. 814, and reasonable expenses.

AB421, s. 153 Section 153. 753.40 of the statutes is amended to read:

AB421,65,11 753.40 Contributions to certain organizations and agencies. (1) If a circuit court finds in a forfeiture action that a person violated an ordinance that prohibits conduct that is the same as or similar to conduct prohibited by state statute punishable by fine or imprisonment, the circuit court may require, under ch. 814, the person to make a contribution surcharge not to exceed the maximum amount of the forfeiture that may be levied to an organization or agency specified in s. 973.06 (1) (f) 1. if the court determines that the violator has the financial ability to make the contribution.

AB421,65,20 (2) If the court does require a person to make a contribution surcharge to an organization or agency specified in s. 973.06 (1) (f) 1. but does not require the person to pay a forfeiture or court costs, the court shall state on the record the reasons why it is not requiring the person to pay the forfeiture or court costs. All contributions contribution surcharges made under this section shall be made to the clerk of circuit court for distribution to the organization or agency specified in s. 973.06 (1) (f) 1. The circuit court may not require a person to make a contribution surcharge under this section to an organization or agency specified in s. 973.06 (1) (f) 1. that has not complied with the provisions of s. 757.17.

AB421, s. 154 Section 154. 757.05 (title) of the statutes is amended to read:

AB421,65,22 757.05 (title) Penalty assessment surcharge.

AB421, s. 155 Section 155. 757.05 (1) (a) of the statutes is amended to read:

AB421,66,8 757.05 (1) (a) Whenever a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), or (br) or (5) or state laws or municipal or county ordinances involving nonmoving traffic violations or safety belt use violations under s. 347.48 (2m), there shall be imposed in addition a penalty assessment surcharge under ch. 814 in an amount of 24% of the fine or forfeiture imposed. If multiple offenses are involved, the penalty assessment surcharge shall be based upon the total fine or forfeiture for all offenses. When a fine or forfeiture is suspended in whole or in part, the penalty assessment surcharge shall be reduced in proportion to the suspension.

AB421, s. 156 Section 156. 757.05 (1) (d) of the statutes is amended to read:

AB421,66,15 757.05 (1) (d) If any deposit of bail is made for a noncriminal offense to which this subsection applies, the person making the deposit shall also deposit a sufficient amount to include the assessment prescribed in surcharge under this subsection for forfeited bail. If bail is forfeited, the amount of the assessment surcharge shall be transmitted monthly to the state treasurer under this subsection. If bail is returned, the assessment surcharge shall also be returned.

AB421, s. 157 Section 157. 757.05 (2) (title) of the statutes is amended to read:

AB421,66,17 757.05 (2) (title) Use of penalty assessment surcharge moneys.

AB421, s. 158 Section 158. 757.05 (2) (a) of the statutes is amended to read:

AB421,66,24 757.05 (2) (a) Law enforcement training fund. Eleven twenty-fourths of all moneys collected from penalty assessments surcharges under sub. (1) shall be credited to the appropriation account under s. 20.455 (2) (i) and utilized in accordance with ss. 20.455 (2) and 165.85 (5). The moneys credited to the appropriation account under s. 20.455 (2) (i), except for the moneys transferred to s. 20.455 (2) (jb), constitute the law enforcement training fund.

AB421, s. 159 Section 159. 757.05 (2) (b) of the statutes is amended to read:

AB421,67,4 757.05 (2) (b) Other purposes. The moneys collected from penalty assessments surcharges under sub. (1) that remain after crediting the appropriation account specified in par. (a) shall be credited to the appropriation account under s. 20.505 (6) (j) and transferred as provided under s. 20.505 (6) (j).

AB421, s. 160 Section 160. 758.19 (6) (c) 1. a. of the statutes is amended to read:

AB421,67,7 758.19 (6) (c) 1. a. "Court support services fee" means the fee under s. 814.634 814.85.

AB421, s. 161 Section 161. 778.02 of the statutes is amended to read:

AB421,68,2 778.02 Action in name of state; complaint; attachment. Every such forfeiture action shall be in the name of the state of Wisconsin, and it is sufficient to allege in the complaint that the defendant is indebted to the plaintiff in the amount of the forfeiture claimed, according to the provisions of the statute that imposes it, specifying the statute and for the penalty assessment imposed by s. 757.05, the jail assessment imposed by s. 302.46 (1), the crime laboratories and drug law enforcement assessment imposed by s. 165.755, the enforcement assessment imposed under s. 253.06 (4) (c) or (5) (c), any applicable consumer protection assessment imposed by s. 100.261, and any applicable domestic abuse assessment imposed by s. 973.055 (1), plus costs, fees, and surcharges imposed under ch. 814. If the statute imposes a forfeiture for several offenses or delinquencies, the complaint shall specify the particular offense or delinquency for which the action is brought, with a demand for judgment for the amount of the forfeiture, penalty assessment, jail assessment, crime laboratories and drug law enforcement assessment, any applicable enforcement assessment, any applicable consumer protection assessment, and any applicable domestic abuse assessment plus costs, fees, and surcharges imposed under ch. 814. If the defendant is a nonresident of the state, an attachment may issue.

AB421, s. 162 Section 162. 778.03 of the statutes is amended to read:

AB421,68,13 778.03 Complaint to recover forfeited goods. In an action to recover property forfeited by any statute it shall be sufficient to allege in the complaint that the property has been forfeited, specifying the statute, with a demand of judgment for the delivery of the property, or the value thereof of the property and for payment of the penalty assessment imposed by s. 757.05, the jail assessment imposed by s. 302.46 (1), the crime laboratories and drug law enforcement assessment imposed by s. 165.755, the enforcement assessment imposed under s. 253.06 (4) (c) or (5) (c), any applicable consumer protection assessment imposed by s. 100.261, and any applicable domestic abuse assessment imposed by s. 973.055 (1) costs, fees, and surcharges imposed under ch. 814.

AB421, s. 163 Section 163. 778.06 of the statutes is amended to read:

AB421,68,24 778.06 Action for what sum. When a forfeiture is imposed, not exceeding a specific sum or when it is not less than one sum or more than another, the action may be brought for the highest sum specified and for the penalty assessment imposed by s. 757.05, the jail assessment imposed by s. 302.46 (1), the crime laboratories and drug law enforcement assessment imposed by s. 165.755, the enforcement assessment imposed under s. 253.06 (4) (c) or (5) (c), any applicable consumer protection assessment imposed by s. 100.261, and any applicable domestic abuse assessment imposed by s. 973.055 (1), plus costs, fees, and surcharges imposed under ch. 814; and judgment may be rendered for such sum as the court or jury shall assess or determine to be proportionate to the offense.

AB421, s. 164 Section 164. 778.10 of the statutes is amended to read:

AB421,69,21 778.10 Municipal forfeitures, how recovered. All forfeitures imposed by any ordinance or regulation of any county, town, city, or village, or of any other domestic corporation may be sued for and recovered, under this chapter, in the name of the county, town, city, village, or corporation. It is sufficient to allege in the complaint that the defendant is indebted to the plaintiff in the amount of the forfeiture claimed, specifying the ordinance or regulation that imposes it and of the penalty assessment imposed by s. 757.05, the jail assessment imposed by s. 302.46 (1), the crime laboratories and drug law enforcement assessment imposed by s. 165.755, any applicable consumer protection assessment imposed by s. 100.261, and any applicable domestic abuse assessment imposed by s. 973.055 (1) , plus costs, fees, and surcharges imposed under ch. 814. If the ordinance or regulation imposes a penalty or forfeiture for several offenses or delinquencies, the complaint shall specify the particular offenses or delinquency for which the action is brought, with a demand for judgment for the amount of the forfeiture, the penalty assessment imposed by s. 757.05, the jail assessment imposed by s. 302.46 (1), the crime laboratories and drug law enforcement assessment imposed by s. 165.755, any applicable consumer protection assessment imposed by s. 100.261, and any applicable domestic abuse assessment imposed by s. 973.055 (1) plus costs, fees, and surcharges imposed under ch. 814. All moneys collected on the judgment shall be paid to the treasurer of the county, town, city, village, or corporation, except that all jail assessments surcharges imposed under ch. 814 shall be paid to the county treasurer.

AB421, s. 165 Section 165. 778.105 of the statutes is amended to read:

AB421,70,6 778.105 Disposition of forfeitures. Revenues from forfeitures imposed by any court or any branch thereof for the violation of any municipal or county ordinance shall be paid to the municipality or county. Penalty assessment payments shall be made as provided in s. 757.05. Jail assessment payments shall be made as provided in s. 302.46 (1). Crime laboratories and drug law enforcement assessment payments shall be paid as provided in s. 165.755. Domestic abuse assessments shall be made as provided in s. 973.055. Consumer protection assessment payments shall be made as provided in s. 100.261 Costs, fees, and surcharges imposed under ch. 814 shall be paid as required by that chapter.

AB421, s. 166 Section 166. 778.13 of the statutes is amended to read:

AB421,70,21 778.13 Forfeitures collected, to whom paid. All moneys collected in favor of the state for forfeiture, except the portion to be paid to any person who sues with the state, plus costs, fees, and surcharges imposed under ch. 814, shall be paid by the officer who collects the forfeiture, costs, fees, and surcharges to the treasurer of the county within which the forfeiture was incurred within 20 days after its receipt. In case of any failure in the payment, the county treasurer may collect the payment of the officer by action, in the name of the office and upon the official bond of the officer, with interest at the rate of 12% per year from the time when it should have been paid. Penalty assessment payments shall be made as provided in s. 757.05. Jail assessment payments shall be made as provided in s. 302.46 (1). Crime laboratories and drug law enforcement assessment payments shall be paid as provided in s. 165.755. Domestic abuse assessments shall be made as provided in s. 973.055. Enforcement assessments shall be made as provided in s. 253.06 (4) (c). Consumer protection assessment payments shall be made as provided in s. 100.261.

AB421, s. 167 Section 167. 778.18 of the statutes is amended to read:

AB421,71,14 778.18 Penalty upon municipal judge. If any municipal judge, of his or her own will, dismisses any action brought before the judge under this chapter, unless by order of the district attorney or attorney general or the person joined as plaintiff with the state, or renders a less lesser judgment therein than is prescribed by law, or releases or discharges any such judgment or part thereof without payment or collection, the judge and the judge's sureties shall be liable, in an action upon the judge's bond, for the full amount of the forfeitures imposed by law or of the forfeiture imposed by the judge and for the penalty assessment imposed by s. 757.05, the jail assessment imposed by s. 302.46 (1), the crime laboratories and drug law enforcement assessment imposed by s. 165.755, any applicable consumer protection assessment imposed by s. 100.261, and any applicable domestic abuse assessment imposed by s. 973.055 (1) costs, fees, and surcharges imposed under ch. 814, or for an amount equal to the amount in which any such judgment or any part thereof is released or discharged. If any municipal judge gives time or delay to any person against whom any such judgment is rendered by the judge, or takes any bond or security for its future payment, the judge and the judge's sureties shall also be liable for the payment of the judgment upon the judge's bond.

AB421, s. 168 Section 168. 778.25 (2) (g) of the statutes is amended to read:

AB421,71,23 778.25 (2) (g) Notice that if the defendant makes a deposit and fails to appear in court at the time fixed in the citation, the failure to appear will be considered tender of a plea of no contest and submission to a forfeiture, penalty assessment, jail assessment and crime laboratories and drug law enforcement assessment plus costs, including any applicable fees prescribed in, and surcharges imposed under ch. 814, not to exceed the amount of the deposit. The notice shall also state that the court may decide to summon the defendant or, if the defendant is an adult, issue an arrest warrant for the defendant rather than accept the deposit and plea.

AB421, s. 169 Section 169. 778.25 (3) of the statutes is amended to read:

AB421,72,11 778.25 (3) If a person is issued a citation under this section, the person may deposit the amount of money that the issuing agent or officer directs by mailing or delivering the deposit and a copy of the citation to the clerk of court of the county where the violation occurred or the office or headquarters of the agent or officer who issued the citation prior to the court appearance date. The basic amount of the deposit shall be determined under a deposit schedule established by the judicial conference. The judicial conference shall annually review and revise the schedule. In addition to the basic amount determined by the schedule, the deposit shall include costs, including any applicable fees prescribed in, and surcharges imposed under ch. 814, penalty assessment, jail assessment and crime laboratories and drug law enforcement assessment.

AB421, s. 170 Section 170. 778.25 (5) of the statutes is amended to read:

AB421,72,23 778.25 (5) A person receiving a deposit shall prepare a receipt in triplicate showing the purpose for which the deposit is made, stating that the defendant may inquire at the office of the clerk of court regarding the disposition of the deposit, and notifying the defendant that if he or she fails to appear in court at the time fixed in the citation he or she will be deemed to have tendered a plea of no contest and submitted to a forfeiture, penalty assessment, jail assessment and crime laboratories and drug law enforcement assessment plus costs, including any applicable fees prescribed in, and surcharges imposed under ch. 814, not to exceed the amount of the deposit which the court may accept. The original of the receipt shall be delivered to the defendant in person or by mail. If the defendant pays by check, the check is the receipt.

AB421, s. 171 Section 171. 778.25 (8) (b) of the statutes is amended to read:

AB421,73,17 778.25 (8) (b) If the defendant has made a deposit, the citation may serve as the initial pleading and the defendant shall be considered to have tendered a plea of no contest and submitted to a forfeiture, penalty assessment, jail assessment and crime laboratories and drug law enforcement assessment plus costs, including any applicable fees prescribed in, and surcharges imposed under ch. 814, not exceeding the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly, or reject the plea and issue a summons or arrest warrant, except that if the defendant is a minor the court shall proceed under s. 938.28. Chapter 938 governs taking and holding a minor in custody. If the court accepts the plea of no contest, the defendant may move within 90 days after the date set for appearance to withdraw the plea of no contest, open the judgment , and enter a plea of not guilty if the defendant shows to the satisfaction of the court that failure to appear was due to mistake, inadvertence, surprise, or excusable neglect. If a party is relieved from the plea of no contest, the court or judge may order a written complaint or petition to be filed. If on reopening the defendant is found not guilty, the court shall delete the record of conviction and shall order the defendant's deposit returned.

AB421, s. 172 Section 172. 778.25 (10) of the statutes is amended to read: