AB421: Bill Text

AB421,77,6 778.26 (7) (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 , fees, and surcharges imposed under ch. 814, not to exceed 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. If the defendant fails to appear in response to the summons, the court shall issue an arrest warrant. If the court accepts the plea of no contest, the defendant may, within 90 days after the date set for appearance, move 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 defendant is relieved from the plea of no contest, the court 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. 181 Section 181. 778.26 (7) (c) of the statutes is amended to read:

AB421,77,19 778.26 (7) (c) If the defendant has made a deposit and stipulation of no contest, the citation serves 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, fees, and surcharges imposed under ch. 814, not to exceed 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 an arrest warrant. After signing a stipulation of no contest, the defendant may, at any time prior to or at the time of the court appearance date, move the court for relief from the effect of the stipulation. The court may act on the motion, with or without notice, for cause shown by affidavit and upon just terms, and relieve the defendant from the stipulation and the effects of the stipulation.

AB421, s. 182 Section 182. 778.26 (9) of the statutes is amended to read:

AB421,78,2 778.26 (9) An officer who collects a forfeiture, penalty assessment, jail assessment and crime laboratories and drug law enforcement assessment and and costs, fees, and surcharges imposed under ch. 814, under this section shall pay the money to the county treasurer within 20 days after its receipt. If the officer fails to make timely payment, the county treasurer may collect the payment from the officer by an action in the treasurer's name of 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.

AB421, s. 183 Section 183. 778.30 (1) (b) of the statutes is amended to read:

AB421,78,9 778.30 (1) (b) Issue an order assigning not more than 25% of the defendant's commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102, and other money due or to be due in the future to the clerk of circuit court for payment of the unpaid forfeiture, costs, assessment, surcharge or restitution payment fees or surcharges. In this paragraph, "employer" includes the state and its political subdivisions.

AB421, s. 184 Section 184. 800.02 (2) (a) 8. of the statutes is amended to read:

AB421,78,19 800.02 (2) (a) 8. Notice that, if the defendant makes a deposit and fails to appear in court at the time fixed in the citation, the defendant is deemed to have tendered a plea of no contest and submits to a forfeiture, penalty assessment, jail assessment, and crime laboratories and drug law enforcement assessment, any applicable consumer protection assessment, and any applicable domestic abuse assessment plus costs, including the fee prescribed in s. 814.65 (1) fees, 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 rather than accept the deposit and plea.

AB421, s. 185 Section 185. 800.02 (3) (a) 5. of the statutes is amended to read:

AB421,79,4 800.02 (3) (a) 5. A plain and concise statement of the violation identifying the event or occurrence from which the violation arose and showing that the plaintiff is entitled to relief, the ordinance, resolution, or bylaw upon which the cause of action is based, and a demand for a forfeiture, the amount of which shall not exceed the maximum set by the statute involved, the penalty assessment, the jail assessment, the crime laboratories and drug law enforcement assessment, any applicable consumer protection assessment, any applicable domestic abuse assessment plus costs, fees, and surcharges imposed under ch. 814, and such other relief that as is sought by the plaintiff.

AB421, s. 186 Section 186. 800.03 (3) of the statutes is amended to read:

AB421,79,14 800.03 (3) The amount of the deposit shall be set by the municipal judge, but shall not be effective until approved by the governing body of the municipality. The amount shall not exceed the maximum penalty for the offense, including any penalty assessment that would be applicable under s. 757.05, any jail assessment that would be applicable under s. 302.46 (1), any crime laboratories and drug law enforcement assessment that would be applicable under s. 165.755, any consumer protection assessment that would be applicable under s. 100.261, and any domestic abuse assessment that would be applicable under s. 973.055 (1), plus court costs, including the fee prescribed in s. 814.65 (1) fees, and surcharges imposed under ch. 814.

AB421, s. 187 Section 187. 800.04 (2) (b) of the statutes is amended to read:

AB421,80,9 800.04 (2) (b) If the municipal judge determines that the defendant should not be released under par. (a) and the defendant is charged with a traffic or boating violation, the municipal judge shall release the defendant on a deposit in the amount established by the uniform deposit schedule under s. 345.26 (2) (a) or under s. 23.66. For other violations, the municipal judge shall establish a deposit in an amount not to exceed the maximum penalty for the offense, including any penalty assessment that would be applicable under s. 757.05, any jail assessment that would be applicable under s. 302.46 (1), any crime laboratories and drug law enforcement assessment that would be applicable under s. 165.755, any consumer protection assessment that would be applicable under s. 100.261, and any domestic abuse assessment that would be applicable under s. 973.055 (1) plus costs, fees, and surcharges imposed under ch. 814. If the judge in a 1st class city determines that a defendant appearing before the judge through interactive video and audio transmission should not be released under par. (a), the judge shall inform the defendant that he or she has the right to appear personally before a judge for a determination, not prejudiced by the first appearance, as to whether he or she should be released without a deposit. On failure of the defendant to make a deposit under this paragraph, he or she may be committed to jail pending trial only if the judge finds that there is a reasonable basis to believe the person will not appear in court.

AB421, s. 188 Section 188. 800.04 (2) (c) of the statutes is amended to read:

AB421,80,25 800.04 (2) (c) If the defendant has made a deposit under par. (b) or s. 800.03 and does not appear, he or she is deemed to have tendered a plea of no contest and submits to a forfeiture, a penalty assessment imposed by s. 757.05, a jail assessment imposed by s. 302.46 (1), a 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, including the fee prescribed in s. 814.65 (1) fees, 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. If the court finds that the violation meets the conditions in s. 800.093 (1), the court may summon the alleged violator into court to determine if restitution shall be ordered under s. 800.093. If the defendant fails to appear in response to the summons, the court shall issue a warrant under s. 968.09. If the defendant has made a deposit but does appear, the court shall allow the defendant to withdraw the plea of no contest.

AB421, s. 189 Section 189. 800.09 (1) (intro.) of the statutes is amended to read:

AB421,81,13 800.09 (1) Judgment. (intro.) If a municipal court finds a defendant guilty, it may render judgment by ordering restitution under s. 800.093 and payment of a 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 of prosecution, including the fee prescribed in s. 814.65 (1), fees, and surcharges imposed under ch. 814. The court shall apply any payment received on a judgment that includes restitution to first satisfy any payment of restitution ordered, then to pay the forfeiture, assessments, and costs, fees, and surcharges. If the judgment is not paid, the court may proceed under par. (a), (b), or (c) or any combination of those paragraphs, as follows:

AB421, s. 190 Section 190. 800.09 (1) (a) of the statutes is amended to read:

AB421,82,2 800.09 (1) (a) The court may defer payment of any judgment or provide for installment payments. At the time that 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, fees, and surcharges imposed under ch. 814, 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. 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.

AB421, s. 191 Section 191. 800.09 (2) (b) of the statutes is amended to read:

AB421,82,20 800.09 (2) (b) If the person charged fails to appear personally or by an attorney at the time fixed for hearing of the case, the defendant may be deemed to have entered a plea of no contest and the money deposited, if any, or such portion thereof as the court determines to be an adequate penalty, plus 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, including the fee prescribed in s. 814.65 (1) fees, and surcharges imposed under ch. 814, may be declared forfeited by the court or may be ordered applied upon the payment of any penalty which may be imposed, together with 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, fees, and surcharges imposed under ch. 814. If the court finds that the violation meets the conditions in s. 800.093 (1), the court may summon the alleged violator into court to determine if restitution shall be ordered under s. 800.093. Any money remaining after payment of any penalties, assessments surcharges, costs, fees, and restitution shall be refunded to the person who made the deposit.

AB421, s. 192 Section 192. 800.10 (2) of the statutes is amended to read:

AB421,83,9 800.10 (2) All forfeitures, fees, penalty assessments, crime laboratories and drug law enforcement assessments, consumer protection assessments, domestic abuse assessments surcharges, and costs paid to a municipal court under a judgment before a municipal judge shall be paid to the municipal treasurer within 7 days after receipt of the money by a municipal judge or other court personnel. At the time of the payment, the municipal judge shall report to the municipal treasurer the title of the action, the offense for which a forfeiture was imposed and the total amount of the forfeiture, fees, penalty assessments, crime laboratories and drug law enforcement assessments, consumer protection assessments, domestic abuse assessments surcharges, and costs, if any. The treasurer shall disburse the fees as provided in s. 814.65 (1). All jail assessments surcharges paid to a municipal court under a judgment before a municipal judge shall be paid to the county treasurer within 7 days after receipt of the money by a municipal judge or other court personnel.

AB421, s. 193 Section 193. 800.12 (2) of the statutes is amended to read:

AB421,83,18 800.12 (2) A municipality may by ordinance provide that a municipal judge may impose a forfeiture for contempt under sub. (1) in an amount not to exceed $50 or, upon nonpayment of the forfeiture, penalty assessment under s. 757.05, jail assessment under s. 302.46, crime laboratories and drug law enforcement assessment under s. 165.755, any applicable consumer protection assessment under s. 100.261, and any applicable domestic abuse assessment under s. 973.055 (1) plus costs, fees, and surcharges imposed under ch. 814, a jail sentence not to exceed 7 days.

AB421, s. 194 Section 194. Chapter 814 (title) of the statutes is amended to read:

AB421,83,20 CHAPTER 814

AB421,83,22 COURT COSTS AND, FEES, and surcharges

AB421, s. 195 Section 195. 814.60 (2) of the statutes is repealed and recreated to read:

AB421,83,25 814.60 (2) In addition to any fine imposed, a defendant shall pay the costs, fees, and surcharges imposed under this chapter.

AB421, s. 196 Section 196. 814.63 (3) of the statutes is repealed and recreated to read:

AB421,84,3 814.63 (3) In addition to any forfeiture imposed, a defendant shall pay the costs, fees, and surcharges imposed under this chapter.

AB421, s. 197 Section 197. 814.634 (title) of the statutes is renumbered 814.85 (title) and amended to read:

AB421,84,6 814.85 (title) Fee for court Court support services surcharge.

AB421, s. 198 Section 198. 814.634 (1) (a) to (c) of the statutes are renumbered 814.85 (1) (a) to (c) and amended to read:

AB421,84,12 814.85 (1) (a) Except for an action for a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $52 court support services fee surcharge from any person, including any governmental unit, as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am) or 814.63 (1).

AB421,84,17 (b) Notwithstanding par. (a), the clerk of circuit court shall charge and collect a $130 court support services fee surcharge from any person, including any governmental unit, as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a) or (3) or 814.62 (1) or (2), if the party paying the fee seeks the recovery of money and the amount claimed exceeds the amount under s. 799.01 (1) (d).

AB421,84,23 (c) Notwithstanding par. (a), the clerk of circuit court shall charge and collect a $39 court support services fee surcharge from any person, including any governmental unit, as defined in s. 108.02 (17), paying a fee under s. 814.62 (3) (a) or (b), or paying a fee under s. 814.61 (1) (a) or (3) or 814.62 (1) or (2) if the party paying the fee seeks the recovery of money and the amount claimed is equal to or less than the amount under s. 799.01 (1) (d).

AB421, s. 199 Section 199. 814.634 (1) (d) of the statutes is renumbered 814.85 (1) (d) and amended to read:

AB421,85,2 814.85 (1) (d) The court support services fee surcharge is in addition to the other fees listed in this subsection.

AB421, s. 200 Section 200. 814.634 (2) of the statutes is renumbered 814.85 (2).

AB421, s. 201 Section 201. 814.635 of the statutes is renumbered 814.86, and 814.86 (title), (1) and (1m), as renumbered, are amended to read:

AB421,85,12 814.86 (title) Justice information system fee surcharge and special prosecution clerks fee surcharge . (1) Except for an action for a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $9 justice information system fee surcharge from any person, including any governmental unit, as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62 (1), (2), or (3) (a) or (b), or 814.63 (1). The justice information system fee surcharge is in addition to the other fees surcharge listed in this section.

AB421,85,17 (1m) Beginning on October 1, 1995, whenever the clerk of circuit court for Milwaukee County charges and collects a fee surcharge under sub. (1), he or she shall also charge and collect a $2 special prosecution clerks fee surcharge. The special prosecution clerks fee surcharge is in addition to the other fees surcharge listed in sub. (1).

AB421, s. 202 Section 202. Subchapter III of chapter 814 [precedes 814.75] of the statutes is created to read:

AB421,85,20 Chapter 814

AB421,85,22 Subchapter III Surcharges

AB421,85,25 814.75 Court-imposed surcharges. The following surcharges shall be imposed by the court, in addition to the fine or forfeiture and costs and fees imposed under this chapter, if applicable:

AB421,86,1 (1) The consumer information surcharge under s. 100.261.

AB421,86,2 (2) The court support services surcharge under s. 814.85.

AB421,86,4 (3) The crime laboratories and drug law enforcement surcharge under s. 165.755.

AB421,86,6 (4) The crime prevention organization contribution surcharge under s. 753.40, 973.06 (1) (f), or 973.09 (1x).

AB421,86,7 (5) The crime victim and witness surcharge under s. 973.045.

AB421,86,8 (6) The delinquency victim and witness surcharge under s. 938.34 (8d) (a).

AB421,86,9 (7) The deoxyribonucleic acid analysis surcharge under s. 973.046.

AB421,86,10 (8) The domestic abuse surcharge under s. 971.37 (1m) (c) 1. or 973.055.

AB421,86,11 (9) The driver improvement surcharge under s. 346.655.

AB421,86,12 (10) The drug abuse program improvement surcharge under s. 961.41 (5).

AB421,86,13 (12) The environmental surcharge under s. 299.93.

AB421,86,14 (13) The fishing shelter removal surcharge under s. 29.985.

AB421,86,15 (14) The jail surcharge under s. 302.46 (1).

AB421,86,16 (15) The justice information system surcharge under s. 814.86 (1).

AB421,86,17 (16) The natural resources surcharge under s. 29.987 or 169.46 (1).

AB421,86,18 (17) The natural resources restitution surcharge under s. 29.989 or 169.46 (2).

AB421,86,19 (18) The penalty surcharge under s. 757.05.

AB421,86,20 (19) The railroad crossing improvement surcharge under s. 346.495.

AB421,86,21 (20) The restitution surcharge under s. 973.06 (1) (g) or 973.20 (11) (a).

AB421,86,22 (21) The snowmobile registration restitution surcharge under s. 350.115.

AB421,86,23 (22) The special prosecution clerks surcharge under s. 814.86 (1m).

AB421,86,24 (22m) The supplemental food enforcement surcharge under s. 253.06 (4) (c).

AB421,86,25 (23) The truck driver education surcharge under s. 349.04.

AB421,87,1 (24) The uninsured employer surcharge under s. 102.85 (4).

AB421,87,2 (25) The weapons surcharge under s. 167.31 (5).

AB421,87,3 (26) The wild animal protection surcharge under s. 29.983.

AB421,87,5 814.76 Surcharges in criminal actions. In addition to any fine imposed in a criminal action, a defendant shall pay the following surcharges if applicable:

AB421,87,6 (1) The consumer information surcharge under s. 100.261.

AB421,87,8 (2) The crime laboratories and drug law enforcement surcharge under s. 165.755.

AB421,87,10 (3) The crime prevention organization contribution surcharge under s. 753.40, 973.06 (1) (f), or 973.09 (1x).

AB421,87,11 (4) The crime victim and witness surcharge under s. 973.045.

AB421,87,12 (5) The deoxyribonucleic acid analysis surcharge under s. 973.046.

AB421,87,13 (6) The domestic abuse surcharge under s. 971.37 (1m) (c) 1. or 973.055.

AB421,87,14 (7) The driver improvement surcharge under s. 346.655.

AB421,87,15 (8) The drug abuse program improvement surcharge under s. 961.41 (5).

AB421,87,16 (10) The environmental surcharge under s. 299.93.

AB421,87,17 (11) The jail surcharge under s. 302.46 (1).

AB421,87,18 (12) The natural resources surcharge under s. 29.987 or 169.46 (1).

AB421,87,19 (13) The natural resources restitution surcharge under s. 29.989 or 169.46 (2).