AB421,59,815
345.49
(2) Any person who is subject to imprisonment under s. 345.47 for
16nonpayment of a forfeiture,
penalty assessment, truck driver education assessment,
17jail assessment, railroad crossing improvement assessment, or crime laboratories
18and drug law enforcement assessment plus costs, fees, and surcharges imposed
19under ch. 814, may be placed on probation to some person satisfactory to the court
20for not more than 90 days or until the forfeiture,
penalty assessment, truck driver
21education assessment, jail assessment, railroad crossing improvement assessment,
22or crime laboratories and drug law enforcement assessment is and costs, fees, and
23surcharges imposed under ch. 814, are paid if that is done before expiration of the
2490-day period. The payment of the forfeiture,
penalty assessment, truck driver
25education assessment, jail assessment, railroad crossing improvement assessment,
1or crime laboratories and drug law enforcement assessment
and costs, fees, and
2surcharges imposed under ch. 814, during that period shall be a condition of the
3probation. If the forfeiture,
penalty assessment, truck driver education assessment,
4jail assessment, railroad crossing improvement assessment, or crime laboratories
5and drug law enforcement assessment is and costs, fees, and surcharges imposed
6under ch. 814, are not paid or the court deems that the interests of justice require,
7probation may be terminated and the defendant imprisoned as provided in sub. (1)
8or s. 345.47.
AB421, s. 141
9Section
141. 345.61 (2) (c) of the statutes is amended to read:
AB421,59,2410
345.61
(2) (c) "Guaranteed arrest bond certificate
," as used in this section
, 11means any printed card or other certificate issued by an automobile club, association
, 12or insurance company to any of its members or insureds, which card or certificate is
13signed by the member or insureds and contains a printed statement that the
14automobile club, association
, or insurance company and a surety company, or an
15insurance company authorized to transact both automobile liability insurance and
16surety business, guarantee the appearance of the persons whose signature appears
17on the card or certificate and that they will
, in the event of failure of the person to
18appear in court at the time of trial, pay any fine or forfeiture imposed on the person,
19including the penalty assessment required by s. 757.05, the truck driver education
20assessment required by s. 349.04, the jail assessment required by s. 302.46 (1), the
21railroad crossing improvement assessment required by s. 346.177, 346.495 or 346.65
22(4r), and the crime laboratories and drug law enforcement assessment required by
23s. 165.755, plus costs, fees, and surcharges imposed under ch. 814, in an amount not
24exceeding $200, or $1,000 as provided in sub. (1) (b).
AB421, s. 142
25Section
142. 346.177 of the statutes is amended to read:
AB421,60,5
1346.177 Railroad crossing improvement assessment surcharge for
2vehicles illegally passing at railroad crossings. (1) Whenever a court imposes
3a forfeiture under s. 346.17 (2m) for a violation of s. 346.10 (1), the court shall also
4impose a railroad crossing improvement
assessment
surcharge under ch. 814 equal
5to 50% of the amount of the forfeiture.
AB421,60,8
6(2) If a forfeiture is suspended in whole or in part, the railroad crossing
7improvement
assessment surcharge shall be reduced in proportion to the
8suspension.
AB421,60,15
9(3) If any deposit is made for an offense to which this section applies, the person
10making the deposit shall also deposit a sufficient amount to include the railroad
11crossing improvement
assessment surcharge under this section. If the deposit is
12forfeited, the amount of the railroad crossing improvement
assessment surcharge 13shall be transmitted to the state treasurer under sub. (4). If the deposit is returned,
14the amount of the railroad crossing improvement
assessment surcharge shall also
15be returned.
AB421,60,21
16(4) The clerk of the circuit court shall collect and transmit to the county
17treasurer the railroad crossing improvement
assessment
surcharge as required
18under s. 59.40 (2) (m). The county treasurer shall then pay the state treasurer as
19provided in s. 59.25 (3) (f) 2. The state treasurer shall deposit all amounts received
20under this subsection in the transportation fund to be appropriated under s. 20.395
21(2) (gj).
AB421, s. 143
22Section
143. 346.495 of the statutes is amended to read:
AB421,61,2
23346.495 Railroad crossing improvement assessment surcharge. (1) If
24a court imposes a forfeiture under s. 346.49 (1g) or (2m) (a), (am)
, or (b) for a violation
25of s. 346.44, 346.45
, or 346.46 (3), the court shall also impose a railroad crossing
1improvement
assessment surcharge under ch. 814 equal to 50% of the amount of the
2forfeiture.
AB421,61,5
3(2) If a forfeiture is suspended in whole or in part, the railroad crossing
4improvement
assessment surcharge shall be reduced in proportion to the
5suspension.
AB421,61,12
6(3) If any deposit is made for an offense to which this section applies, the person
7making the deposit shall also deposit a sufficient amount to include the railroad
8crossing improvement
assessment surcharge under this section. If the deposit is
9forfeited, the amount of the railroad crossing improvement
assessment surcharge 10shall be transmitted to the state treasurer under sub. (4). If the deposit is returned,
11the amount of the railroad crossing improvement
assessment surcharge shall also
12be returned.
AB421,61,18
13(4) The clerk of the circuit court shall collect and transmit to the county
14treasurer the railroad crossing improvement
assessment
surcharge as required
15under s. 59.40 (2) (m). The county treasurer shall then pay the state treasurer as
16provided in s. 59.25 (3) (f) 2. The state treasurer shall deposit all amounts received
17under this subsection in the transportation fund to be appropriated under s. 20.395
18(2) (gj).
AB421, s. 144
19Section
144. 346.65 (4r) of the statutes is amended to read:
AB421,61,2220
346.65
(4r) (a) If a court imposes a forfeiture under sub. (4m) for a violation of
21s. 346.62 (2m), the court shall also impose a railroad crossing improvement
22assessment surcharge under ch. 814 equal to 50% of the amount of the forfeiture.
AB421,61,2523
(b) If a forfeiture is suspended in whole or in part, the railroad crossing
24improvement
assessment surcharge shall be reduced in proportion to the
25suspension.
AB421,62,7
1(c) If any deposit is made for an offense to which this subsection applies, the
2person making the deposit shall also deposit a sufficient amount to include the
3railroad crossing improvement
assessment surcharge under this subsection. If the
4deposit is forfeited, the amount of the railroad crossing improvement
assessment 5surcharge shall be transmitted to the state treasurer under par. (d). If the deposit
6is returned, the amount of the railroad crossing improvement
assessment surcharge 7shall also be returned.
AB421,62,138
(d) The clerk of the circuit court shall collect and transmit to the county
9treasurer the railroad crossing improvement
assessment
surcharge as required
10under s. 59.40 (2) (m). The county treasurer shall then pay the state treasurer as
11provided in s. 59.25 (3) (f) 2. The state treasurer shall deposit all amounts received
12under this paragraph in the transportation fund to be appropriated under s. 20.395
13(2) (gj).
AB421, s. 145
14Section
145. 346.655 (1) of the statutes is amended to read:
AB421,62,2115
346.655
(1) If a court imposes a fine or a forfeiture for a violation of s. 346.63
16(1) or (5), or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25,
17or s. 940.09 where the offense involved the use of a vehicle, it shall impose a driver
18improvement surcharge
under ch. 814 in an amount of $355 in addition to the fine
19or forfeiture,
penalty assessment, jail assessment, crime laboratories and drug law
20enforcement assessment, and, if required by s. 349.04, truck driver education
21assessment plus costs, fees, and other surcharges imposed under ch. 814.
AB421, s. 146
22Section
146. 349.04 (title) of the statutes is amended to read:
AB421,62,23
23349.04 (title)
Truck driver education assessments surcharges.
AB421, s. 147
24Section
147. 349.04 (1) of the statutes is amended to read:
AB421,63,4
1349.04
(1) If a court imposes a fine or forfeiture for a violation of a provision
2of chs. 346 to 348 or a rule issued under chs. 346 to 348 and the violation involved
3a commercial motor vehicle, the court shall impose
under ch. 814 a truck driver
4education
assessment surcharge of $8.
AB421, s. 148
5Section
148. 349.04 (2) of the statutes is amended to read:
AB421,63,86
349.04
(2) If a fine or forfeiture is suspended in whole or in part, the truck
7driver education
assessment surcharge shall be reduced in proportion to the
8suspension.
AB421, s. 149
9Section
149. 349.04 (3) of the statutes is amended to read:
AB421,63,1510
349.04
(3) If any deposit is made for an offense to which this section applies,
11the person making the deposit shall also deposit a sufficient amount to include the
12truck driver education
assessment surcharge under this section. If the deposit is
13forfeited, the amount of the truck driver education
assessment surcharge shall be
14transmitted to the state treasurer under sub. (4). If the deposit is returned, the
15amount of the truck driver education
assessment surcharge shall also be returned.
AB421, s. 150
16Section
150. 349.04 (4) of the statutes is amended to read:
AB421,63,2217
349.04
(4) The clerk of the circuit court shall collect and transmit to the county
18treasurer the truck driver education
assessment surcharge as required under s.
1959.40 (2) (m). The county treasurer shall then pay the state treasurer as provided
20in s. 59.25 (3) (f) 2. The state treasurer shall deposit all amounts received under this
21subsection in the general fund to be credited to the appropriation account under s.
2220.292 (1) (hm).
AB421, s. 151
23Section
151. 350.115 of the statutes is amended to read:
AB421,64,4
24350.115 Snowmobile registration restitution
payments surcharge. (1) 25Levy of snowmobile registration restitution payment surcharge. (a) If a court
1imposes a forfeiture for a violation of a provision of this chapter where the payment
2of a registration fee is required, the court shall impose a snowmobile registration
3restitution
payment surcharge under ch. 814 equal to the amount of the fee that was
4required and should have been obtained.
AB421,64,75
(b) If a forfeiture is suspended in whole or in part, the snowmobile registration
6restitution
payment surcharge shall be reduced in proportion to the suspension
7unless the court directs otherwise.
AB421,64,148
(c) If any deposit is made for an offense to which this section applies, the person
9making the deposit shall also deposit a sufficient amount to include the snowmobile
10registration restitution
payment prescribed in surcharge under this section. If the
11deposit is forfeited, the amount of the snowmobile registration restitution
payment 12surcharge shall be transmitted to the state treasurer under par. (d). If the deposit
13is returned, the snowmobile registration restitution
payment surcharge shall also be
14returned.
AB421,64,1815
(d) The clerk of the court shall collect and transmit to the county treasurer the
16snowmobile registration restitution
payment surcharge and other amounts required
17under s. 59.40 (2) (m). The county treasurer shall then make payment to the state
18treasurer as provided in s. 59.25 (3) (f) 2.
AB421,64,21
19(2) Use of snowmobile registration restitution payment surcharge funds. 20All moneys collected from snowmobile registration restitution
payments surcharges 21shall be deposited in the conservation fund.
AB421, s. 152
22Section
152. 447.15 (4) of the statutes is amended to read:
AB421,65,223
447.15
(4) "Liability" includes the obligation to pay a judgment, settlement,
24penalty, assessment, forfeiture
, or fine, including any excise tax assessed with
1respect to an employee benefit plan,
plus costs, fees, and surcharges imposed under
2ch. 814, and reasonable expenses.
AB421, s. 153
3Section
153. 753.40 of the statutes is amended to read:
AB421,65,11
4753.40 Contributions to certain organizations and agencies. (1) If a
5circuit court finds in a forfeiture action that a person violated an ordinance that
6prohibits conduct that is the same as or similar to conduct prohibited by state statute
7punishable by fine or imprisonment, the circuit court may require
, under ch. 814, the
8person to make a contribution
surcharge not to exceed the maximum amount of the
9forfeiture that may be levied to an organization or agency specified in s. 973.06 (1)
10(f) 1. if the court determines that the violator has the financial ability to make the
11contribution.
AB421,65,20
12(2) If the court does require a person to make a contribution
surcharge to an
13organization or agency specified in s. 973.06 (1) (f) 1. but does not require the person
14to pay a forfeiture or court costs, the court shall state on the record the reasons why
15it is not requiring the person to pay the forfeiture or court costs. All
contributions 16contribution surcharges made under this section shall be made to the clerk of circuit
17court for distribution to the organization or agency specified in s. 973.06 (1) (f) 1. The
18circuit court may not require a person to make a contribution
surcharge under this
19section to an organization or agency specified in s. 973.06 (1) (f) 1. that has not
20complied with the provisions of s. 757.17.
AB421, s. 154
21Section
154. 757.05 (title) of the statutes is amended to read:
AB421,65,22
22757.05 (title)
Penalty assessment surcharge.
AB421, s. 155
23Section
155. 757.05 (1) (a) of the statutes is amended to read:
AB421,66,824
757.05
(1) (a) Whenever a court imposes a fine or forfeiture for a violation of
25state law or for a violation of a municipal or county ordinance except for a violation
1of s. 101.123 (2) (a), (am) 1., (ar), (bm), or (br) or (5) or state laws or municipal or
2county ordinances involving nonmoving traffic violations or safety belt use violations
3under s. 347.48 (2m), there shall be imposed in addition a penalty
assessment 4surcharge under ch. 814 in an amount of 24% of the fine or forfeiture imposed. If
5multiple offenses are involved, the penalty
assessment
surcharge shall be based
6upon the total fine or forfeiture for all offenses. When a fine or forfeiture is suspended
7in whole or in part, the penalty
assessment surcharge shall be reduced in proportion
8to the suspension.
AB421, s. 156
9Section
156. 757.05 (1) (d) of the statutes is amended to read:
AB421,66,1510
757.05
(1) (d) If any deposit of bail is made for a noncriminal offense to which
11this subsection applies, the person making the deposit shall also deposit a sufficient
12amount to include the
assessment prescribed in surcharge under this subsection for
13forfeited bail. If bail is forfeited, the amount of the
assessment surcharge shall be
14transmitted monthly to the state treasurer under this subsection. If bail is returned,
15the
assessment surcharge shall also be returned.
AB421, s. 157
16Section
157. 757.05 (2) (title) of the statutes is amended to read:
AB421,66,1717
757.05
(2) (title)
Use of penalty assessment surcharge moneys.
AB421, s. 158
18Section
158. 757.05 (2) (a) of the statutes is amended to read:
AB421,66,2419
757.05
(2) (a)
Law enforcement training fund. Eleven twenty-fourths of all
20moneys collected from penalty
assessments surcharges under sub. (1) shall be
21credited to the appropriation account under s. 20.455 (2) (i) and utilized in
22accordance with ss. 20.455 (2) and 165.85 (5). The moneys credited to the
23appropriation account under s. 20.455 (2) (i), except for the moneys transferred to s.
2420.455 (2) (jb), constitute the law enforcement training fund.
AB421, s. 159
25Section
159. 757.05 (2) (b) of the statutes is amended to read:
AB421,67,4
1757.05
(2) (b)
Other purposes. The moneys collected from penalty
assessments 2surcharges under sub. (1) that remain after crediting the appropriation account
3specified in par. (a) shall be credited to the appropriation account under s. 20.505 (6)
4(j) and transferred as provided under s. 20.505 (6) (j).
AB421, s. 160
5Section
160. 758.19 (6) (c) 1. a. of the statutes is amended to read:
AB421,67,76
758.19
(6) (c) 1. a. "Court support services fee" means the fee under s.
814.634 7814.85.
AB421, s. 161
8Section
161. 778.02 of the statutes is amended to read:
AB421,68,2
9778.02 Action in name of state; complaint; attachment. Every such
10forfeiture action shall be in the name of the state of Wisconsin, and it is sufficient to
11allege in the complaint that the defendant is indebted to the plaintiff in the amount
12of the forfeiture claimed, according to the provisions of the statute that imposes it,
13specifying the statute
and for the penalty assessment imposed by s. 757.05, the jail
14assessment imposed by s. 302.46 (1), the crime laboratories and drug law
15enforcement assessment imposed by s. 165.755, the enforcement assessment
16imposed under s. 253.06 (4) (c) or (5) (c), any applicable consumer protection
17assessment imposed by s. 100.261, and any applicable domestic abuse assessment
18imposed by s. 973.055 (1), plus costs, fees, and surcharges imposed under ch. 814.
19If the statute imposes a forfeiture for several offenses or delinquencies
, the complaint
20shall specify the particular offense or delinquency for which the action is brought,
21with a demand for judgment for the amount of the forfeiture,
penalty assessment,
22jail assessment, crime laboratories and drug law enforcement assessment, any
23applicable enforcement assessment, any applicable consumer protection
24assessment, and any applicable domestic abuse assessment plus costs, fees, and
1surcharges imposed under ch. 814. If the defendant is a nonresident of the state, an
2attachment may issue.
AB421, s. 162
3Section
162. 778.03 of the statutes is amended to read:
AB421,68,13
4778.03 Complaint to recover forfeited goods. In an action to recover
5property forfeited by any statute it shall be sufficient to allege in the complaint that
6the property has been forfeited, specifying the statute, with a demand of judgment
7for the delivery of the property, or the value
thereof
of the property and for payment
8of the
penalty assessment imposed by s. 757.05, the jail assessment imposed by s.
9302.46 (1), the crime laboratories and drug law enforcement assessment imposed by
10s. 165.755, the enforcement assessment imposed under s. 253.06 (4) (c) or (5) (c), any
11applicable consumer protection assessment imposed by s. 100.261, and any
12applicable domestic abuse assessment imposed by s. 973.055 (1)
costs, fees, and
13surcharges imposed under ch. 814.
AB421, s. 163
14Section
163. 778.06 of the statutes is amended to read:
AB421,68,24
15778.06 Action for what sum. When a forfeiture is imposed, not exceeding a
16specific sum or when it is not less than one sum or more than another, the action may
17be brought for the highest sum specified
and for the penalty assessment imposed by
18s. 757.05, the jail assessment imposed by s. 302.46 (1), the crime laboratories and
19drug law enforcement assessment imposed by s. 165.755, the enforcement
20assessment imposed under s. 253.06 (4) (c) or (5) (c), any applicable consumer
21protection assessment imposed by s. 100.261, and any applicable domestic abuse
22assessment imposed by s. 973.055 (1), plus costs, fees, and surcharges imposed under
23ch. 814; and judgment may be rendered for such sum as the court or jury shall assess
24or determine to be proportionate to the offense.
AB421, s. 164
25Section
164. 778.10 of the statutes is amended to read:
AB421,69,21
1778.10 Municipal forfeitures, how recovered. All forfeitures imposed by
2any ordinance or regulation of any county, town, city, or village, or of any other
3domestic corporation may be sued for and recovered, under this chapter, in the name
4of the county, town, city, village, or corporation. It is sufficient to allege in the
5complaint that the defendant is indebted to the plaintiff in the amount of the
6forfeiture claimed, specifying the ordinance or regulation that imposes it
and of the
7penalty assessment imposed by s. 757.05, the jail assessment imposed by s. 302.46
8(1), the crime laboratories and drug law enforcement assessment imposed by s.
9165.755, any applicable consumer protection assessment imposed by s. 100.261, and
10any applicable domestic abuse assessment imposed by s. 973.055 (1)
, plus costs, fees,
11and surcharges imposed under ch. 814. If the ordinance or regulation imposes a
12penalty or forfeiture for several offenses or delinquencies
, the complaint shall specify
13the particular offenses or delinquency for which the action is brought, with a demand
14for judgment for the amount of the forfeiture,
the penalty assessment imposed by s.
15757.05, the jail assessment imposed by s. 302.46 (1), the crime laboratories and drug
16law enforcement assessment imposed by s. 165.755, any applicable consumer
17protection assessment imposed by s. 100.261, and any applicable domestic abuse
18assessment imposed by s. 973.055 (1) plus costs, fees, and surcharges imposed under
19ch. 814. All moneys collected on the judgment shall be paid to the treasurer of the
20county, town, city, village, or corporation, except that all jail
assessments surcharges
21imposed under ch. 814 shall be paid to the county treasurer.
AB421, s. 165
22Section
165. 778.105 of the statutes is amended to read:
AB421,70,6
23778.105 Disposition of forfeitures. Revenues from forfeitures imposed by
24any court or any branch thereof for the violation of any municipal or county
25ordinance shall be paid to the municipality or county.
Penalty assessment payments
1shall be made as provided in s. 757.05. Jail assessment payments shall be made as
2provided in s. 302.46 (1). Crime laboratories and drug law enforcement assessment
3payments shall be paid as provided in s. 165.755. Domestic abuse assessments shall
4be made as provided in s. 973.055. Consumer protection assessment payments shall
5be made as provided in s. 100.261 Costs, fees, and surcharges imposed under ch. 814
6shall be paid as required by that chapter.
AB421, s. 166
7Section
166. 778.13 of the statutes is amended to read:
AB421,70,21
8778.13 Forfeitures collected, to whom paid. All moneys collected in favor
9of the state for forfeiture, except the portion to be paid to any person who sues with
10the state
, plus costs, fees, and surcharges imposed under ch. 814, shall be paid by the
11officer who collects the forfeiture
, costs, fees, and surcharges to the treasurer of the
12county within which the forfeiture was incurred within 20 days after its receipt. In
13case of any failure in the payment
, the county treasurer may collect the payment of
14the officer by action, in the name of the office and upon the official bond of the officer,
15with interest at the rate of 12% per year from the time when it should have been paid.
16Penalty assessment payments shall be made as provided in s. 757.05. Jail
17assessment payments shall be made as provided in s. 302.46 (1). Crime laboratories
18and drug law enforcement assessment payments shall be paid as provided in s.
19165.755. Domestic abuse assessments shall be made as provided in s. 973.055.
20Enforcement assessments shall be made as provided in s. 253.06 (4) (c). Consumer
21protection assessment payments shall be made as provided in s. 100.261.
AB421, s. 167
22Section
167. 778.18 of the statutes is amended to read:
AB421,71,14
23778.18 Penalty upon municipal judge. If any municipal judge, of his or her
24own will, dismisses any action brought before the judge under this chapter, unless
25by order of the district attorney or attorney general or the person joined as plaintiff
1with the state, or renders a
less lesser judgment therein than is prescribed by law,
2or releases or discharges any such judgment or part thereof without payment or
3collection, the judge and the judge's sureties shall be liable, in an action upon the
4judge's bond, for the full amount of the forfeitures imposed by law or of the forfeiture
5imposed by the judge and for the
penalty assessment imposed by s. 757.05, the jail
6assessment imposed by s. 302.46 (1), the crime laboratories and drug law
7enforcement assessment imposed by s. 165.755, any applicable consumer protection
8assessment imposed by s. 100.261, and any applicable domestic abuse assessment
9imposed by s. 973.055 (1) costs, fees, and surcharges imposed under ch. 814, or for
10an amount equal to the amount in which any such judgment or any part thereof is
11released or discharged. If any municipal judge gives time or delay to any person
12against whom any such judgment is rendered by the judge, or takes any bond or
13security for its future payment, the judge and the judge's sureties shall also be liable
14for the payment of the judgment upon the judge's bond.
AB421, s. 168
15Section
168. 778.25 (2) (g) of the statutes is amended to read:
AB421,71,2316
778.25
(2) (g) Notice that if the defendant makes a deposit and fails to appear
17in court at the time fixed in the citation, the failure to appear will be considered
18tender of a plea of no contest and submission to a forfeiture,
penalty assessment, jail
19assessment and crime laboratories and drug law enforcement assessment plus costs,
20including any applicable fees
prescribed in, and surcharges imposed under ch. 814,
21not to exceed the amount of the deposit. The notice shall also state that the court may
22decide to summon the defendant or, if the defendant is an adult, issue an arrest
23warrant for the defendant rather than accept the deposit and plea.
AB421, s. 169
24Section
169. 778.25 (3) of the statutes is amended to read:
AB421,72,11
1778.25
(3) If a person is issued a citation under this section
, the person may
2deposit the amount of money
that the issuing agent or officer directs by mailing or
3delivering the deposit and a copy of the citation to the clerk of court of the county
4where the violation occurred or the office or headquarters of the agent or officer who
5issued the citation prior to the court appearance date. The basic amount of the
6deposit shall be determined under a deposit schedule established by the judicial
7conference. The judicial conference shall annually review and revise the schedule.
8In addition to the basic amount determined by the schedule
, the deposit shall include
9costs,
including any applicable fees
prescribed in, and surcharges imposed under ch.
10814
, penalty assessment, jail assessment and crime laboratories and drug law
11enforcement assessment.
AB421, s. 170
12Section
170. 778.25 (5) of the statutes is amended to read:
AB421,72,2313
778.25
(5) A person receiving a deposit shall prepare a receipt in triplicate
14showing the purpose for which the deposit is made, stating that the defendant may
15inquire at the office of the clerk of court regarding the disposition of the deposit, and
16notifying the defendant that if he or she fails to appear in court at the time fixed in
17the citation he or she will be deemed to have tendered a plea of no contest and
18submitted to a forfeiture,
penalty assessment, jail assessment and crime
19laboratories and drug law enforcement assessment plus costs,
including any
20applicable fees
prescribed in, and surcharges imposed under ch. 814, not to exceed
21the amount of the deposit which the court may accept. The original of the receipt
22shall be delivered to the defendant in person or by mail. If the defendant pays by
23check, the check is the receipt.
AB421, s. 171
24Section
171. 778.25 (8) (b) of the statutes is amended to read:
AB421,73,17
1778.25
(8) (b) If the defendant has made a deposit, the citation may serve as
2the initial pleading and the defendant shall be considered to have tendered a plea
3of no contest and submitted to a forfeiture,
penalty assessment, jail assessment and
4crime laboratories and drug law enforcement assessment plus costs,
including any
5applicable fees
prescribed in, and surcharges imposed under ch. 814, not exceeding
6the amount of the deposit. The court may either accept the plea of no contest and
7enter judgment accordingly, or reject the plea and issue a summons or arrest
8warrant, except
that if the defendant is a minor the court shall proceed under s.
9938.28. Chapter 938 governs taking and holding a minor in custody. If the court
10accepts the plea of no contest, the defendant may move within 90 days after the date
11set for appearance to withdraw the plea of no contest, open the judgment
, and enter
12a plea of not guilty if the defendant shows to the satisfaction of the court that failure
13to appear was due to mistake, inadvertence, surprise
, or excusable neglect. If a party
14is relieved from the plea of no contest, the court or judge may order a written
15complaint or petition to be filed. If on reopening the defendant is found not guilty,
16the court shall delete the record of conviction and shall order the defendant's deposit
17returned.
AB421, s. 172
18Section
172. 778.25 (10) of the statutes is amended to read:
AB421,74,219
778.25
(10) An officer collecting moneys for a forfeiture,
penalty assessment,
20jail assessment, crime laboratories and drug law enforcement assessment and plus 21costs
, fees, and surcharges imposed under ch. 814, under this section shall pay the
22same to the appropriate municipal or county treasurer within 20 days after
its their 23receipt by the officer, except that all jail
assessments surcharges imposed under ch.
24814 shall be paid to the county treasurer. If the officer fails to make timely payment,
25the municipal or county treasurer may collect the payment from the officer by an
1action in the treasurer's name of office and upon the official bond of the officer, with
2interest at the rate of 12% per year from the time when it should have been paid.
AB421, s. 173
3Section
173. 778.26 (2) (e) of the statutes is amended to read:
AB421,74,64
778.26
(2) (e) The maximum forfeiture,
penalty assessment, jail assessment
5and crime laboratories and drug law enforcement assessment plus costs, fees, and
6surcharges imposed under ch. 814, for which the defendant is liable.
AB421, s. 174
7Section
174. 778.26 (2) (g) of the statutes is amended to read:
AB421,74,158
778.26
(2) (g) Notice that
, if the defendant makes a deposit and fails to appear
9in court at the time specified in the citation, the failure to appear will be considered
10tender of a plea of no contest and submission to a forfeiture,
penalty assessment, jail
11assessment and crime laboratories and drug law enforcement assessment plus costs
,
12fees, and surcharges imposed under ch. 814, not to exceed the amount of the deposit.
13The notice shall also state that the court, instead of accepting the deposit and plea,
14may decide to summon the defendant or may issue an arrest warrant for the
15defendant upon failure to respond to a summons.
AB421, s. 175
16Section
175. 778.26 (2) (h) of the statutes is amended to read:
AB421,74,2517
778.26
(2) (h) Notice that
, if the defendant makes a deposit and signs the
18stipulation, the stipulation will be treated as a plea of no contest and submission to
19a forfeiture,
penalty assessment, jail assessment and crime laboratories and drug
20law enforcement assessment plus costs
, fees, and surcharges imposed under ch. 814, 21not to exceed the amount of the deposit. The notice shall also state that the court,
22instead of accepting the deposit and stipulation, may decide to summon the
23defendant or issue an arrest warrant for the defendant upon failure to respond to a
24summons, and that the defendant may, at any time prior to or at the time of the court
25appearance date, move the court for relief from the effect of the stipulation.
AB421, s. 176
1Section
176. 778.26 (3) of the statutes is amended to read:
AB421,75,112
778.26
(3) A defendant issued a citation under this section may deposit the
3amount of money
that the issuing officer directs by mailing or delivering the deposit
4and a copy of the citation prior to the court appearance date to the clerk of the circuit
5court in the county where the violation occurred or to the sheriff's office or police
6headquarters of the officer who issued the citation. The basic amount of the deposit
7shall be determined under a deposit schedule established by the judicial conference.
8The judicial conference shall annually review and revise the schedule. In addition
9to the basic amount determined by the schedule
, the deposit shall include the
penalty
10assessment, jail assessment, crime laboratories and drug law enforcement
11assessment and costs
, fees, and surcharges imposed under ch. 814.
AB421, s. 177
12Section
177. 778.26 (4) of the statutes is amended to read:
AB421,75,1813
778.26
(4) A defendant may make a stipulation of no contest by submitting a
14deposit and a stipulation in the manner provided by sub. (3) prior to the court
15appearance date. The signed stipulation is a plea of no contest and submission to a
16forfeiture
, plus the
penalty assessment, jail assessment, crime laboratories and drug
17law enforcement assessment and costs
, fees, and surcharges imposed under ch. 814, 18not to exceed the amount of the deposit.