AB383: Bill Text

AB383,325,5 972.28 (title) Granting judgment.

AB383,1055 Section 1055. 973.013 (4) of the statutes is amended to read:

AB383,325,9 973.013 (4) If information under s. 972.15 973.004 (2m) has been provided in a presentence investigation report, the court shall consider that information when sentencing the defendant.

AB383,1056 Section 1056. 973.017 (6m) (a) 2. of the statutes is amended to read:

AB383,325,12 973.017 (6m) (a) 2. "Domestic abuse" has the meaning given in s. 968.075 969.27 (1) (a).

AB383,1057 Section 1057. 973.03 (3) (b) of the statutes is amended to read:

AB383,325,21 973.03 (3) (b) The court may require that the defendant perform community service work for a public agency or a nonprofit charitable organization. The number of hours of work required may not exceed what would be reasonable considering the seriousness of the offense and any other offense which is read into the record at the time of conviction read-in crimes. An order may only apply if agreed to by the defendant and the organization or agency. The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored.

AB383,1058 Section 1058. 973.03 (3) (e) 2. of the statutes is amended to read:

AB383,325,24 973.03 (3) (e) 2. A crime which is a Class D, E, F, or G felony listed in s. 969.08 (10) 969.51 (7) (b), but not including any crime specified in s. 943.10.

AB383,1059 Section 1059. 973.03 (4) (d) of the statutes is amended to read:

AB383,326,2 973.03 (4) (d) A sentence under this subsection is not a sentence of imprisonment, except for purposes of ss. 973.04, 973.15 (8) (a) and 973.19 974.03.

AB383,1060 Section 1060. 973.03 (5) (a) 1. of the statutes is amended to read:

AB383,326,5 973.03 (5) (a) 1. "Commission of a serious crime" has the meaning given under s. 969.08 (10) 969.51 (7) (a).

AB383,1061 Section 1061. 973.03 (5) (a) 2. of the statutes is amended to read:

AB383,326,8 973.03 (5) (a) 2. "Serious crime" has the meaning given under s. 969.08 (10) 969.51 (7) (b).

AB383,1062 Section 1062. 973.042 (4) of the statutes is amended to read:

AB383,326,13 973.042 (4) After determining the amount due, the clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration under s. 59.25 (3) (f) 2.

AB383,1063 Section 1063. 973.043 (2) of the statutes is amended to read:

AB383,326,18 973.043 (2) After determining the amount due, the clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration under s. 59.25 (3) (f) 2.

AB383,1064 Section 1064. 973.045 (2) of the statutes, as affected by 2013 Wisconsin Act 20, is amended to read:

AB383,327,2 973.045 (2) After the clerk determines the amount due, the clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration under s. 59.25 (3) (f) 2. The secretary of administration shall credit to the appropriation account under s. 20.455 (5) (g) the amount paid to the secretary by the county treasurer under this subsection and any amount collected under sub. (4).

AB383,1065 Section 1065. 973.046 (2) of the statutes is amended to read:

AB383,327,7 973.046 (2) After the clerk of court determines the amount due, the clerk shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration under s. 59.25 (3) (f) 2.

AB383,1066 Section 1066. 973.048 (5) of the statutes is amended to read:

AB383,327,14 973.048 (5) If the court orders a person to comply with the reporting requirements under s. 301.45, the clerk of the court in which the order is entered shall promptly forward a copy of the order to the department of corrections. If the conviction on which the order is based is reversed, set aside or vacated, the clerk of the court shall promptly forward to the department of corrections a certificate stating that the conviction has been reversed, set aside or vacated.

AB383,1067 Section 1067. 973.049 (1) (b) of the statutes is repealed.

AB383,1068 Section 1068. 973.05 (3) (b) of the statutes is amended to read:

AB383,327,24 973.05 (3) (b) The court may require that the defendant perform community service work for a public agency or a nonprofit charitable organization. The number of hours of work required may not exceed what would be reasonable considering the seriousness of the offense and any other offense which is read into the record at the time of conviction read-in crimes. An order may only apply if agreed to by the defendant and the organization or agency. The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored.

AB383,1069 Section 1069. 973.05 (4) (b) of the statutes is amended to read:

AB383,328,5 973.05 (4) (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 fine, surcharge, costs, or fees. In this paragraph, "employer" includes the state and its political subdivisions.

AB383,1070 Section 1070. 973.05 (4) (c) of the statutes is amended to read:

AB383,328,9 973.05 (4) (c) Issue an order assigning lottery prizes won by a defendant whose name is on the list supplied to the clerk of circuit court under s. 565.30 (5r) (a), for payment of the unpaid fine, surcharge, costs, or fees.

AB383,1071 Section 1071. 973.05 (5) (a) 1. of the statutes is amended to read:

AB383,328,23 973.05 (5) (a) 1. Upon entry of the assignment under sub. (4) (b), unless the court finds that income withholding is likely to cause the defendant irreparable harm, the court shall provide notice of the assignment by regular mail to the last-known address of the person from whom the defendant receives or will receive money. If the clerk of circuit court does not receive the money from the person notified, the court shall provide notice of the assignment to any other person from whom the defendant receives or will receive money. Notice of an assignment under sub. (4) (b) shall inform the intended recipient that, if a prior assignment under sub. (4) (b) has been received relating to the same defendant, the recipient is required to notify the clerk of circuit court that sent the subsequent notice of assignment that another assignment has already been received. A notice of assignment shall include a form permitting the recipient to designate on the form that another assignment has already been received.

AB383,1072 Section 1072. 973.05 (5) (a) 2. of the statutes is amended to read:

AB383,329,9 973.05 (5) (a) 2. If, after receiving the annual list under s. 565.30 (5r) (a), the clerk of circuit court determines that a person identified in the list may be subject to an assignment under sub. (4) (c), the clerk shall inform the court of that determination. If the court issues an order under sub. (4) (c), the clerk of circuit court shall send the notice of that order to the administrator of the lottery division of the department of revenue, including a statement of the amount owed under the judgment and the name and address of the person owing the judgment. The court shall notify the administrator of the lottery division of the department of revenue when the judgment that is the basis of the assignment has been paid in full.

AB383,1073 Section 1073. 973.05 (5) (c) of the statutes is amended to read:

AB383,329,22 973.05 (5) (c) A person who receives notice of the assignment under sub. (4) (b) shall withhold the amount specified in the notice from any money that person pays to the defendant later than one week after receipt of the notice of assignment. Within 5 days after the day on which the person pays money to the defendant, the person shall send the amount withheld to the clerk of circuit the court of the jurisdiction providing notice. If the person has already received a notice of an assignment under sub. (4) (b), the person shall retain the later assignment and withhold the amount specified in that assignment after the last of any prior assignments is paid in full. Within 10 days of receipt of the later notice, the person shall notify the clerk of circuit the court that sent the notice that the person has received a prior notice of an assignment under sub. (4) (b). Section 241.09 does not apply to assignments under this section.

AB383,1074 Section 1074. 973.05 (5) (d) of the statutes is amended to read:

AB383,330,5 973.05 (5) (d) If after receipt of notice of assignment under par. (a) 1. the person from whom the defendant receives money fails to withhold the money or send the money to the clerk of circuit court as provided in this subsection, the person may be proceeded against under the principal action under ch. 785 for contempt of court or may be proceeded against under ch. 778 and be required to forfeit not less than $50 nor more than an amount, if the amount exceeds $50, that is equal to 1% of the amount not withheld or sent.

AB383,1075 Section 1075. 973.05 (5) (e) of the statutes is amended to read:

AB383,330,11 973.05 (5) (e) If an employer who receives notice of an assignment under sub. (4) (b) fails to notify the clerk of circuit court within 10 days after an employee is terminated or otherwise temporarily or permanently leaves the employer's employment, the employer may be proceeded against under the principal action under ch. 785 for contempt of court.

AB383,1076 Section 1076. 973.055 (2) (a) of the statutes is amended to read:

AB383,330,17 973.055 (2) (a) If the surcharge is imposed by a court of record, after the court determines the amount due, the clerk of the court shall collect and transmit the amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration as provided in s. 59.25 (3) (f) 2.

AB383,1077 Section 1077. 973.06 (1) (av) 2. a. and b. of the statutes are amended to read:

AB383,330,25 973.06 (1) (av) 2. a. The defendant was charged under s. 946.41 solely because he or she recanted a report of abusive conduct, including interspousal battery, as described under s. 940.19 or 940.20 (1m), domestic abuse, as defined in s. 49.165 (1) (a), 813.12 (1) (am), or 968.075 969.27 (1) (a), harassment, as defined in s. 813.125 (1), sexual exploitation by a therapist under s. 940.22, sexual assault under s. 940.225, child abuse, as defined under s. 813.122 (1) (a), or child abuse under ss. 948.02 to 948.11.

AB383,331,8 b. The defendant was a victim of abusive conduct, including interspousal battery, as described under s. 940.19 or 940.20 (1m), domestic abuse, as defined in s. 49.165 (1) (a), 813.12 (1) (am), or 968.075 969.27 (1) (a), harassment, as defined in s. 813.125 (1), sexual exploitation by a therapist under s. 940.22, sexual assault under s. 940.225, child abuse, as defined under s. 813.122 (1) (a), or child abuse under ss. 948.02 to 948.11, and he or she was charged under s. 946.41 based on information he or she omitted or false information he or she provided during the course of an investigation into the crime committed against him or her.

AB383,1078 Section 1078. 973.06 (1) (h) of the statutes is amended to read:

AB383,331,11 973.06 (1) (h) The cost of performance of a test under s. 968.38 968.725, if ordered by the court.

AB383,1079 Section 1079. 973.076 (2) (a) of the statutes is amended to read:

AB383,331,24 973.076 (2) (a) The district attorney of the county within which the property was seized or in which the defendant is convicted shall commence the forfeiture action within 30 days after the seizure of the property or the date of conviction, whichever is earlier, except that the defendant may request that the forfeiture proceedings be adjourned until after adjudication of any charge concerning a crime which was the basis for the seizure of the property. The request shall be granted. The forfeiture action shall be commenced by filing a summons, complaint and affidavit of the person who seized the property with the clerk of circuit court, provided service of authenticated copies of those papers is made in accordance with ch. 801 within 90 days after filing upon the person from whom the property was seized and upon any person known to have a bona fide perfected security interest in the property.

AB383,1080 Section 1080. 973.08 (5) of the statutes is amended to read:

AB383,332,2 973.08 (5) The clerk of court shall file or deliver a transcript under sub. (2), (3) or (4).

AB383,1081 Section 1081. 973.09 (2) (a) 1. b. of the statutes is amended to read:

AB383,332,5 973.09 (2) (a) 1. b. A misdemeanor that was an act of domestic abuse, as defined in s. 968.075 969.27 (1) (a).

AB383,1082 Section 1082. 973.09 (3) (b) of the statutes is amended to read:

AB383,332,21 973.09 (3) (b) The department shall notify the sentencing court, any person to whom unpaid restitution is owed and the district attorney of the status of the ordered restitution payments unpaid at least 90 days before the probation expiration date. If payment as ordered has not been made, the court shall hold a probation review hearing prior to the expiration date, unless the hearing is voluntarily waived by the probationer with the knowledge that waiver may result in an extension of the probation period or in a revocation of probation. If the court does not extend probation, it shall issue a judgment for the unpaid restitution and direct the clerk of circuit court to file and enter the judgment in the judgment and lien docket, without fee, unless it finds that the victim has already recovered a judgment against the probationer for the damages covered by the restitution order. If the court issues a judgment for the unpaid restitution, the court shall send to the person at his or her last-known address written notification that a civil judgment has been issued for the unpaid restitution. The judgment has the same force and effect as judgments entered under s. 806.10.

AB383,1083 Section 1083. 973.09 (3) (bm) 4. of the statutes is amended to read:

AB383,333,4 973.09 (3) (bm) 4. If the court does not extend or modify the terms of probation under subd. 3., it shall issue a judgment for the unpaid fees and direct the clerk of circuit court to file and enter the judgment in the judgment and lien docket, without fee. If the court issues a judgment for the unpaid fees, the court shall send to the department a written notification that a civil judgment has been issued for the unpaid fees. The judgment has the same force and effect as judgments entered under s. 806.10.

AB383,1084 Section 1084. 973.09 (7m) (a) of the statutes is amended to read:

AB383,333,17 973.09 (7m) (a) Except as provided in s. 943.017 (3), the court may require as a condition of probation that the probationer perform community service work for a public agency or a nonprofit charitable organization. The number of hours of work required may not exceed what would be reasonable considering the seriousness of the offense and any other offense which is read into the record at the time of conviction read-in crimes. An order may only apply if agreed to by the probationer and the organization or agency. The court shall ensure that the probationer is provided a written statement of the terms of the community service order and that the community service order is monitored. If the court requires the conditions provided in this subsection and sub. (4), the probationer reduces the period of confinement under sub. (4) at a rate of one day for each 3 days of work performed. A day of work equals 8 hours of work performed.

AB383,1085 Section 1085. 973.10 (2m) of the statutes is amended to read:

AB383,333,21 973.10 (2m) In any administrative hearing under sub. (2), the hearing examiner may order that a deposition be taken by audiovisual means and allow the use of a recorded deposition under s. 967.04 (7) to (10) 967.22.

AB383,1086 Section 1086. 973.135 (3) of the statutes is amended to read:

AB383,333,25 973.135 (3) If a conviction under sub. (2) is reversed, set aside or vacated, the clerk of the court shall promptly forward to the state superintendent a certificate stating that the conviction has been reversed, set aside or vacated.

AB383,1087 Section 1087. 973.18 (title) of the statutes is renumbered 973.25 (title).

AB383,1088 Section 1088. 973.18 (1) of the statutes is renumbered 973.25 (1) and amended to read:

AB383,334,7 973.25 (1) In this section, "postconviction relief" and "sentencing" have the meanings ascribed in s. 809.30 (1) means an appeal or a motion for postconviction relief in a criminal case, other than an appeal, motion, or petition under s. 302.113 (7m), 302.1135, 973.195, 974.03, 974.06, or 974.07 (2).

AB383,1089 Section 1089. 973.18 (2), (3) and (4) of the statutes are renumbered 973.25 (2), (3) and (4) and amended to read:

AB383,334,13 973.25 (2) The trial judge At the time of sentencing, the court shall personally inform the defendant at the time of sentencing, orally or in writing, of the defendant's right to seek pursue postconviction relief and, if the defendant is indigent, of the defendant's right to the assistance of the state public defender.

AB383,334,21 (3) Before adjourning concluding the sentencing proceeding, the judge court shall direct the defendant and defendant's trial counsel to sign a form to be entered in the record, indicating that the lawyer trial counsel has counseled the defendant regarding the decision to seek pursue postconviction relief, and that the defendant understands that a notice of intent to pursue postconviction relief must be filed in the trial court within 20 days after sentencing for that the right to pursue postconviction relief to be preserved. The court shall give the defendant a copy of the form.

AB383,335,2 (4) The judge shall direct court shall make appropriate orders to allow the defendant's counsel defendant to confer with the defendant before signing the form, during the proceeding or as soon thereafter as practicable, and may make appropriate orders to allow the defendant to confer with counsel before being transferred to the state prison. The defendant shall be given a copy of the form.

AB383,1090 Section 1090. 973.18 (5) of the statutes is renumbered 973.25 (5).

AB383,1091 Section 1091. 973.19 (title) of the statutes is renumbered 974.03 (title).

AB383,1092 Section 1092. 973.19 (1) (a) of the statutes is renumbered 974.03 (1) (a) and amended to read:

AB383,335,11 974.03 (1) (a) A person defendant sentenced to imprisonment or the intensive sanctions program or ordered to pay a fine who has not requested the preparation of transcripts under s. 809.30 (2) may, within 90 days after the sentence or order or fine is entered imposed, move the circuit court to modify the sentence or the amount of the fine.

AB383,1093 Section 1093. 973.19 (1) (b) of the statutes is renumbered 974.03 (2) and amended to read:

AB383,335,15 974.03 (2) A person defendant who has requested transcripts under s. 809.30 (2) may move for modification of a sentence or fine under s. 809.30 (2) (h).

AB383,1094 Section 1094. 973.19 (2), (3), (4) and (5) of the statutes are renumbered 974.03 (1) (b), (c), (d) and (e) and amended to read:

AB383,335,20 974.03 (1) (b) Within 90 days after a motion under sub. (1) par. (a) is filed, the circuit court shall enter an order either determining the motion or, for cause, extending the time for doing so by not more than 90 days for cause.

AB383,335,23 (c) If an order determining a motion under sub. (1) par. (a) is not entered timely under sub. (2) par. (b), the motion shall be considered denied and the clerk of the court shall immediately enter an order denying the motion.

AB383,336,3 (d) An The rules governing civil appeals govern an appeal from an order determining a motion under sub. (1) par. (a) is governed by the procedure for civil appeals.

AB383,336,5 (e) By filing a motion under sub. (1) par. (a) the defendant waives his or her right to file an appeal or postconviction motion under s. 809.30 (2).

AB383,1095 Section 1095. 973.195 (1r) (e) of the statutes is amended to read:

AB383,336,11 973.195 (1r) (e) Notwithstanding the confidentiality of victim address information obtained under s. 302.1135 (7) (c) 302.113 (9g) (g) 3., a district attorney who is required to send notice to a victim under par. (d) may obtain from the clerk of the circuit court victim address information that the victim provided to the clerk under s. 302.1135 (7) (c). 302.113 (9g) (g) 3.

AB383,1096 Section 1096. 973.20 (1g) of the statutes is repealed.

AB383,1097 Section 1097. 973.20 (1r) of the statutes is amended to read:

AB383,337,9 973.20 (1r) When imposing sentence or ordering probation for any crime, other than a crime involving conduct that constitutes domestic abuse under s. 813.12 (1) (am) or 968.075 969.27 (1) (a), for which the defendant was convicted, the court, in addition to any other penalty authorized by law, shall order the defendant to make full or partial restitution under this section to any victim of a crime considered at sentencing or, if the victim is deceased, to his or her estate, unless the court finds substantial reason not to do so and states the reason on the record. When imposing sentence or ordering probation for a crime involving conduct that constitutes domestic abuse under s. 813.12 (1) (am) or 968.075 969.27 (1) (a) for which the defendant was convicted or that was considered at sentencing, the court, in addition to any other penalty authorized by law, shall order the defendant to make full or partial restitution under this section to any victim of a crime or, if the victim is deceased, to his or her estate, unless the court finds that imposing full or partial restitution will create an undue hardship on the defendant or victim and describes the undue hardship on the record. Restitution ordered under this section is a condition of probation, extended supervision, or parole served by the defendant for a crime for which the defendant was convicted. After the termination of probation, extended supervision, or parole, or if the defendant is not placed on probation, extended supervision, or parole, restitution ordered under this section is enforceable in the same manner as a judgment in a civil action by the victim named in the order to receive restitution or enforced under ch. 785.

AB383,1098 Section 1098. 973.20 (9m) of the statutes is amended to read: