SB383: Bill Text

SB383,45,11 (5) Upon receiving or making a motion under this section, the court shall provide notice to all parties and schedule a hearing on the motion.

SB383, s. 132 Section 132. 800.12 of the statutes is repealed and recreated to read:

SB383,45,14 800.12 Municipal court contempt procedure. (1) In this section, "contempt of court" means any of the following intentional acts:

SB383,45,17 (a) Misconduct in the presence of the court that interferes with the court proceeding or with the administration of justice, or that impairs the respect due the court.

SB383,45,18 (b) Refusal of a witness to appear without reasonable excuse.

SB383,45,20 (2) A judge may impose a forfeiture in an amount not to exceed $200 for a contempt of court.

SB383,45,24 (3) For a contempt of court described in sub. (1) (a), the judge may impose imprisonment in the county jail for not more than 7 days and impose a forfeiture. These penalties shall be imposed immediately after the contempt of court has occurred and only under the following conditions:

SB383,46,2 (a) For the purpose of preserving order in the court and protecting the authority and dignity of the court.

SB383,46,4 (b) After allowing the person who committed the contempt of court an opportunity to address the court.

SB383,46,6 (4) For a contempt of court described in sub. (1) (b), the judge may do any of the following:

SB383,46,8 (a) Issue a warrant to bring the witness before the court for the contempt and to testify.

SB383,46,10 (b) In addition to ordering the witness to pay a forfeiture under sub. (2), the judge may order the witness to pay all costs of the witness's apprehension.

SB383, s. 133 Section 133. 800.13 (1) of the statutes is amended to read:

SB383,46,14 800.13 (1) Every proceeding in which testimony is taken under oath or affirmation in a municipal court shall be recorded by electronic means for purposes of appeal.

SB383, s. 134 Section 134. 800.14 (1) of the statutes is amended to read:

SB383,46,20 800.14 (1) Appeals from judgments of municipal courts or decisions on motions brought under s. 800.115 may be taken by either party to the circuit court of the county where the offense occurred. The appellant shall appeal by giving the municipal judge and other party written notice of appeal within 20 days after the judgment or decision. No appeals may be taken from default judgments.

SB383, s. 135 Section 135. 800.14 (2) of the statutes is amended to read:

SB383,47,2 800.14 (2) On appeal by the defendant, the defendant shall execute a bond, at the discretion of the municipal judge, to the municipality municipal court with or without surety, approved by the municipal judge, that if the judgment is affirmed in whole or in part the defendant shall pay the judgment and all costs awarded on appeal.

SB383, s. 136 Section 136. 800.14 (3) of the statutes is amended to read:

SB383,47,6 800.14 (3) On meeting the requirements for appeal, execution on the judgment of the municipal court or enforcement of the order of the municipal court shall be stayed until the final disposition of the appeal.

SB383, s. 137 Section 137. 800.14 (4) of the statutes is amended to read:

SB383,47,16 800.14 (4) Upon the request of either party within 20 days after notice of appeal under sub. (1), or on its own motion, the circuit court shall order that a new trial be held in circuit court. An appeal from a judgment where a trial has been held shall be on the record unless, within 20 days after notice of appeal has been filed with the municipal court under sub. (1), either party requests that a new trial be held in circuit court. The new trial shall be conducted by the court without a jury unless either party requests a 6-person jury trial and posts the jury fee under s. 814.61 (4) within 10 days after the order for a new trial. The required fee for a jury is prescribed in s. 814.61 (4).

SB383, s. 138 Section 138. 800.14 (5) of the statutes is amended to read:

SB383,48,7 800.14 (5) If there is no request or motion under sub. (4), an or if the appeal is from a judgment or decision in which a trial has not been held, the appeal shall be based upon a review of a transcript of the proceedings in the municipal court. The municipal judge court shall direct that the transcript be prepared from the transmit to the circuit court a copy of the entire record, including any electronic recording created under s. 800.13 (1) and shall certify the transcript. The costs of the transcript shall be paid for under s. 814.65 (5). The electronic recording and the transcript shall be transferred to the circuit court for review. When testimony has been recorded in the municipal court, the municipal court shall order the preparation of a transcript of the proceedings, at the cost of the appellant, from the electronic recording and shall certify the transcript and transmit it with the record. An appellant shall, within 20 days after notice of appeal, submit payment of the estimated cost of the transcript, as determined by the municipal court, but shall be responsible for the actual cost of preparing the transcript. A defendant claiming an inability to pay with regard to the appeal fee, bond, transcript fee, or jury fee may petition the circuit court for waiver.

SB383, s. 139 Section 139. 800.14 (6) of the statutes is amended to read:

SB383,48,12 800.14 (6) The disposition of the appeal shall be certified to the municipal court by the reviewing circuit court within 30 days of the judgment of the reviewing circuit court. If the disposition requires payment of a forfeiture by the defendant, the forfeiture and all costs, fees, and surcharges shall be payable to the municipality.

SB383, s. 140 Section 140. 938.237 (2) of the statutes is amended to read:

SB383,48,21 938.237 (2) Procedures. The procedures for issuance and filing of a citation, and for forfeitures, stipulations, and deposits in ss. 23.50 to 23.67, 23.75 (3) and (4), 66.0113, 778.25, 778.26, and 800.01 to 800.04 800.035 except s. 800.04 (2) (b) 800.035 (7) (b), when the citation is issued by a law enforcement officer, shall be used as appropriate, except that this chapter shall govern taking and holding a juvenile in custody, s. 938.37 shall govern costs, fees, and surcharges imposed under ch. 814, and a capias shall be substituted for an arrest warrant. Sections 66.0113 (3) (c) and (d), 66.0114 (1), and 778.10 as they relate to collection of forfeitures do not apply.

SB383, s. 141 Section 141. Initial applicability.

SB383,48,24 (1) This act first applies to violations committed on the effective date of this subsection.

SB383,49,5 (2) The treatment of section 111.70 (4) (mc) 4. of the statutes first applies to employees who are affected by a collective bargaining agreement that contains provisions inconsistent with that treatment on the day on which the collective bargaining agreement expires or is extended, modified, or renewed, whichever occurs first.

SB383, s. 142 Section 142. Effective dates. This act takes effect on January 1, 2011, except as follows:

SB383,49,10 (1) The repeal and recreation of section 343.30 (5) of the statutes takes effect on January 1, 2011, or on the date on which the creation of section 343.165 of the statutes by 2007 Wisconsin Act 20 takes effect, whichever is later.

SB383,49,11 (End)