LRB-1506/1
RPN:wlj:jf
2005 - 2006 LEGISLATURE
October 3, 2005 - Introduced by Representatives Kleefisch, Molepske, Gundrum,
Vos, Mursau, Seidel, Musser, Hines, Schneider, Petrowski and Townsend,
cosponsored by Senator Darling. Referred to Committee on Judiciary.
AB725,1,3
1An Act to renumber and amend 778.25 (8) (a); and
to create 778.25 (8) (a) 2.
2of the statutes;
relating to: default judgments in cases involving citations
3issued for certain violations, including underage drinking and smoking.
Analysis by the Legislative Reference Bureau
Under current law, the citations procedure that applies to violations of rules
promulgated by the UW Board of Regents requires the court to issue a summons or
an arrest warrant if the person who received a citation fails to make a deposit and
fails to appear in court at the time fixed in the citation. This citation procedure is
also used for other types of violations, including:
1. Underage possession or use of alcohol, cigarettes, or drug paraphernalia.
2. Harassment.
3. Body passing or alcohol use at a sporting event.
4. Damage to state property.
5. Noncompliance with rental unit standards.
This bill allows the court, as an alternative to issuing a summons or arrest
warrant, to consider the violator's nonappearance to be a plea of no contest and to
enter judgment accordingly. This procedure is identical to the procedure available
to courts in cases involving violations of natural resource laws, traffic violations, and
municipal ordinance violations.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB725, s. 1
1Section
1. 778.25 (8) (a) of the statutes is renumbered 778.25 (8) (a) 1. and
2amended to read:
AB725,2,73
778.25
(8) (a) 1. If the defendant has not made a deposit,
the court may consider
4the nonappearance to be a plea of no contest and enter judgment accordingly or the
5court may issue a summons or an arrest warrant, except if the defendant is a minor
6the court shall proceed under s. 938.28. Chapter 938 governs taking and holding a
7minor in custody.
AB725, s. 2
8Section
2. 778.25 (8) (a) 2. of the statutes is created to read:
AB725,2,139
778.25
(8) (a) 2. If the court considers the nonappearance to be a plea of no
10contest and enters judgment accordingly, the court shall promptly mail a copy or
11notice of the judgment to the defendant. The judgment shall allow the defendant not
12less than 20 working days from the date the judgment copy or notice is mailed to pay
13the forfeiture, plus costs, fees, and surcharges imposed under ch. 814.
