AB383,326,1310
973.042
(4) After determining the amount due, the clerk
of court shall collect
11and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county
12treasurer shall then make payment to the secretary of administration under s. 59.25
13(3) (f) 2.
AB383,1063
14Section
1063. 973.043 (2) of the statutes is amended to read:
AB383,326,1815
973.043
(2) After determining the amount due, the clerk
of court shall collect
16and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county
17treasurer shall then make payment to the secretary of administration under s. 59.25
18(3) (f) 2.
AB383,327,221
973.045
(2) After the clerk determines the amount due, the clerk
of court shall
22collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The
23county treasurer shall then make payment to the secretary of administration under
24s. 59.25 (3) (f) 2. The secretary of administration shall credit to the appropriation
1account under s. 20.455 (5) (g) the amount paid to the secretary by the county
2treasurer under this subsection and any amount collected under sub. (4).
AB383,1065
3Section
1065. 973.046 (2) of the statutes is amended to read:
AB383,327,74
973.046
(2) After the clerk
of court determines the amount due, the clerk shall
5collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The
6county treasurer shall then make payment to the secretary of administration under
7s. 59.25 (3) (f) 2.
AB383,1066
8Section
1066. 973.048 (5) of the statutes is amended to read:
AB383,327,149
973.048
(5) If the court orders a person to comply with the reporting
10requirements under s. 301.45, the clerk
of the court in which the order is entered 11shall promptly forward a copy of the order to the department of corrections. If the
12conviction on which the order is based is reversed, set aside or vacated, the clerk
of
13the court shall promptly forward to the department of corrections a certificate stating
14that the conviction has been reversed, set aside or vacated.
AB383,1067
15Section
1067. 973.049 (1) (b) of the statutes is repealed.
AB383,1068
16Section
1068. 973.05 (3) (b) of the statutes is amended to read:
AB383,327,2417
973.05
(3) (b) The court may require that the defendant perform community
18service work for a public agency or a nonprofit charitable organization. The number
19of hours of work required may not exceed what would be reasonable considering the
20seriousness of the offense and any
other offense which is read into the record at the
21time of conviction read-in crimes. An order may only apply if agreed to by the
22defendant and the organization or agency. The court shall ensure that the defendant
23is provided a written statement of the terms of the community service order and that
24the community service order is monitored.
AB383,1069
25Section
1069. 973.05 (4) (b) of the statutes is amended to read:
AB383,328,5
1973.05
(4) (b) Issue an order assigning not more than 25% of the defendant's
2commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102, and
3other money due or to be due in the future to the clerk
of circuit court for payment
4of the unpaid fine, surcharge, costs, or fees. In this paragraph, "employer" includes
5the state and its political subdivisions.
AB383,1070
6Section
1070. 973.05 (4) (c) of the statutes is amended to read:
AB383,328,97
973.05
(4) (c) Issue an order assigning lottery prizes won by a defendant whose
8name is on the list supplied to the clerk
of circuit court under s. 565.30 (5r) (a), for
9payment of the unpaid fine, surcharge, costs, or fees.
AB383,1071
10Section
1071. 973.05 (5) (a) 1. of the statutes is amended to read:
AB383,328,2311
973.05
(5) (a) 1. Upon entry of the assignment under sub. (4) (b), unless the
12court finds that income withholding is likely to cause the defendant irreparable
13harm, the court shall provide notice of the assignment by regular mail to the
14last-known address of the person from whom the defendant receives or will receive
15money. If the clerk
of circuit court does not receive the money from the person
16notified, the court shall provide notice of the assignment to any other person from
17whom the defendant receives or will receive money. Notice of an assignment under
18sub. (4) (b) shall inform the intended recipient that, if a prior assignment under sub.
19(4) (b) has been received relating to the same defendant, the recipient is required to
20notify the clerk
of circuit court that sent the subsequent notice of assignment that
21another assignment has already been received. A notice of assignment shall include
22a form permitting the recipient to designate on the form that another assignment has
23already been received.
AB383,1072
24Section
1072. 973.05 (5) (a) 2. of the statutes is amended to read:
AB383,329,9
1973.05
(5) (a) 2. If, after receiving the annual list under s. 565.30 (5r) (a), the
2clerk
of circuit court determines that a person identified in the list may be subject
3to an assignment under sub. (4) (c), the clerk shall inform the court of that
4determination. If the court issues an order under sub. (4) (c), the clerk
of circuit court 5shall send the notice of that order to the administrator of the lottery division of the
6department of revenue, including a statement of the amount owed under the
7judgment and the name and address of the person owing the judgment. The court
8shall notify the administrator of the lottery division of the department of revenue
9when the judgment that is the basis of the assignment has been paid in full.
AB383,1073
10Section
1073. 973.05 (5) (c) of the statutes is amended to read:
AB383,329,2211
973.05
(5) (c) A person who receives notice of the assignment under sub. (4) (b)
12shall withhold the amount specified in the notice from any money that person pays
13to the defendant later than one week after receipt of the notice of assignment. Within
145 days after the day on which the person pays money to the defendant, the person
15shall send the amount withheld to the clerk of
circuit
the court of the jurisdiction
16providing notice. If the person has already received a notice of an assignment under
17sub. (4) (b), the person shall retain the later assignment and withhold the amount
18specified in that assignment after the last of any prior assignments is paid in full.
19Within 10 days of receipt of the later notice, the person shall notify the clerk of
circuit
20the court that sent the notice that the person has received a prior notice of an
21assignment under sub. (4) (b). Section 241.09 does not apply to assignments under
22this section.
AB383,1074
23Section
1074. 973.05 (5) (d) of the statutes is amended to read:
AB383,330,524
973.05
(5) (d) If after receipt of notice of assignment under par. (a) 1. the person
25from whom the defendant receives money fails to withhold the money or send the
1money to the clerk
of circuit court as provided in this subsection, the person may be
2proceeded against under the principal action under ch. 785 for contempt of court or
3may be proceeded against under ch. 778 and be required to forfeit not less than $50
4nor more than an amount, if the amount exceeds $50, that is equal to 1% of the
5amount not withheld or sent.
AB383,1075
6Section
1075. 973.05 (5) (e) of the statutes is amended to read:
AB383,330,117
973.05
(5) (e) If an employer who receives notice of an assignment under sub.
8(4) (b) fails to notify the clerk
of circuit court within 10 days after an employee is
9terminated or otherwise temporarily or permanently leaves the employer's
10employment, the employer may be proceeded against under the principal action
11under ch. 785 for contempt of court.
AB383,1076
12Section
1076. 973.055 (2) (a) of the statutes is amended to read:
AB383,330,1713
973.055
(2) (a) If the surcharge is imposed by a court of record, after the court
14determines the amount due, the clerk
of the court shall collect and transmit the
15amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer
16shall then make payment to the secretary of administration as provided in s. 59.25
17(3) (f) 2.
AB383,1077
18Section
1077. 973.06 (1) (av) 2. a. and b. of the statutes are amended to read:
AB383,330,2519
973.06
(1) (av) 2. a. The defendant was charged under s. 946.41 solely because
20he or she recanted a report of abusive conduct, including interspousal battery, as
21described under s. 940.19 or 940.20 (1m), domestic abuse, as defined in s. 49.165 (1)
22(a), 813.12 (1) (am), or
968.075 969.27 (1) (a), harassment, as defined in s. 813.125
23(1), sexual exploitation by a therapist under s. 940.22, sexual assault under s.
24940.225, child abuse, as defined under s. 813.122 (1) (a), or child abuse under ss.
25948.02 to 948.11.
AB383,331,8
1b. The defendant was a victim of abusive conduct, including interspousal
2battery, as described under s. 940.19 or 940.20 (1m), domestic abuse, as defined in
3s. 49.165 (1) (a), 813.12 (1) (am), or
968.075 969.27 (1) (a), harassment, as defined in
4s. 813.125 (1), sexual exploitation by a therapist under s. 940.22, sexual assault
5under s. 940.225, child abuse, as defined under s. 813.122 (1) (a), or child abuse under
6ss. 948.02 to 948.11, and he or she was charged under s. 946.41 based on information
7he or she omitted or false information he or she provided during the course of an
8investigation into the crime committed against him or her.
AB383,1078
9Section
1078. 973.06 (1) (h) of the statutes is amended to read:
AB383,331,1110
973.06
(1) (h) The cost of performance of a test under s.
968.38 968.725, if
11ordered by the court.
AB383,1079
12Section
1079. 973.076 (2) (a) of the statutes is amended to read:
AB383,331,2413
973.076
(2) (a) The district attorney of the county within which the property
14was seized or in which the defendant is convicted shall commence the forfeiture
15action within 30 days after the seizure of the property or the date of conviction,
16whichever is earlier, except that the defendant may request that the forfeiture
17proceedings be adjourned until after adjudication of any charge concerning a crime
18which was the basis for the seizure of the property. The request shall be granted.
19The forfeiture action shall be commenced by filing a summons, complaint and
20affidavit of the person who seized the property with the clerk
of circuit court,
21provided service of authenticated copies of those papers is made in accordance with
22ch. 801 within 90 days after filing upon the person from whom the property was
23seized and upon any person known to have a bona fide perfected security interest in
24the property.
AB383,1080
25Section
1080. 973.08 (5) of the statutes is amended to read:
AB383,332,2
1973.08
(5) The clerk
of court shall file or deliver a transcript under sub. (2), (3)
2or (4).
AB383,1081
3Section
1081. 973.09 (2) (a) 1. b. of the statutes is amended to read:
AB383,332,54
973.09
(2) (a) 1. b. A misdemeanor that was an act of domestic abuse, as defined
5in s.
968.075 969.27 (1) (a).
AB383,1082
6Section
1082. 973.09 (3) (b) of the statutes is amended to read:
AB383,332,217
973.09
(3) (b) The department shall notify the sentencing court, any person to
8whom unpaid restitution is owed and the district attorney of the status of the ordered
9restitution payments unpaid at least 90 days before the probation expiration date.
10If payment as ordered has not been made, the court shall hold a probation review
11hearing prior to the expiration date, unless the hearing is voluntarily waived by the
12probationer with the knowledge that waiver may result in an extension of the
13probation period or in a revocation of probation. If the court does not extend
14probation, it shall issue a judgment for the unpaid restitution and direct the clerk
15of circuit court to file and enter the judgment in the judgment and lien docket,
16without fee, unless it finds that the victim has already recovered a judgment against
17the probationer for the damages covered by the restitution order. If the court issues
18a judgment for the unpaid restitution, the court shall send to the person at his or her
19last-known address written notification that a civil judgment has been issued for the
20unpaid restitution. The judgment has the same force and effect as judgments
21entered under s. 806.10.
AB383,1083
22Section
1083. 973.09 (3) (bm) 4. of the statutes is amended to read:
AB383,333,423
973.09
(3) (bm) 4. If the court does not extend or modify the terms of probation
24under subd. 3., it shall issue a judgment for the unpaid fees and direct the clerk
of
25circuit court to file and enter the judgment in the judgment and lien docket, without
1fee. If the court issues a judgment for the unpaid fees, the court shall send to the
2department a written notification that a civil judgment has been issued for the
3unpaid fees. The judgment has the same force and effect as judgments entered under
4s. 806.10.
AB383,1084
5Section
1084. 973.09 (7m) (a) of the statutes is amended to read:
AB383,333,176
973.09
(7m) (a) Except as provided in s. 943.017 (3), the court may require as
7a condition of probation that the probationer perform community service work for a
8public agency or a nonprofit charitable organization. The number of hours of work
9required may not exceed what would be reasonable considering the seriousness of the
10offense and any
other offense which is read into the record at the time of conviction 11read-in crimes. An order may only apply if agreed to by the probationer and the
12organization or agency. The court shall ensure that the probationer is provided a
13written statement of the terms of the community service order and that the
14community service order is monitored. If the court requires the conditions provided
15in this subsection and sub. (4), the probationer reduces the period of confinement
16under sub. (4) at a rate of one day for each 3 days of work performed. A day of work
17equals 8 hours of work performed.
AB383,1085
18Section
1085. 973.10 (2m) of the statutes is amended to read:
AB383,333,2119
973.10
(2m) In any administrative hearing under sub. (2), the hearing
20examiner may order that a deposition be taken by audiovisual means and allow the
21use of a recorded deposition under s.
967.04 (7) to (10) 967.22.
AB383,1086
22Section
1086. 973.135 (3) of the statutes is amended to read:
AB383,333,2523
973.135
(3) If a conviction under sub. (2) is reversed, set aside or vacated, the
24clerk
of the court shall promptly forward to the state superintendent a certificate
25stating that the conviction has been reversed, set aside or vacated.
AB383,1087
1Section
1087. 973.18 (title) of the statutes is renumbered 973.25 (title).
AB383,1088
2Section
1088. 973.18 (1) of the statutes is renumbered 973.25 (1) and amended
3to read:
AB383,334,74
973.25
(1) In this section, "postconviction relief"
and "sentencing" have the
5meanings ascribed in s. 809.30 (1) means an appeal or a motion for postconviction
6relief in a criminal case, other than an appeal, motion, or petition under s. 302.113
7(7m), 302.1135, 973.195, 974.03, 974.06, or 974.07 (2).
AB383,1089
8Section
1089. 973.18 (2), (3) and (4) of the statutes are renumbered 973.25 (2),
9(3) and (4) and amended to read:
AB383,334,1310
973.25
(2) The trial judge At the time of sentencing, the court shall
personally 11inform the defendant
at the time of sentencing, orally or in writing, of the
defendant's 12right to
seek pursue postconviction relief and, if
the defendant is indigent,
of the
13defendant's right to the assistance of the state public defender.
AB383,334,21
14(3) Before
adjourning concluding the sentencing proceeding, the
judge court 15shall direct the defendant and defendant's trial counsel to sign a form to be entered
16in the record, indicating that the
lawyer trial counsel has counseled the defendant
17regarding the decision to
seek pursue postconviction relief
, and that the defendant
18understands that a notice of intent to pursue postconviction relief must be filed in
19the trial court within 20 days after sentencing for
that the right
to pursue
20postconviction relief to be preserved.
The court shall give the defendant a copy of the
21form.
AB383,335,2
22(4) The
judge shall direct court shall make appropriate orders to allow the
23defendant's counsel defendant to confer with
the defendant before signing the form,
24during the proceeding or as soon thereafter as practicable, and may make
1appropriate orders to allow the defendant to confer with counsel before being
2transferred to the state prison.
The defendant shall be given a copy of the form.
AB383,1090
3Section
1090. 973.18 (5) of the statutes is renumbered 973.25 (5).
AB383,1091
4Section
1091. 973.19 (title) of the statutes is renumbered 974.03 (title).
AB383,1092
5Section
1092. 973.19 (1) (a) of the statutes is renumbered 974.03 (1) (a) and
6amended to read:
AB383,335,117
974.03
(1) (a) A
person defendant sentenced to imprisonment or the intensive
8sanctions program or ordered to pay a fine who has not requested the preparation
9of transcripts under s. 809.30 (2) may, within 90 days after the sentence or order
or
10fine is
entered imposed, move the
circuit court to modify the sentence or the amount
11of the fine.
AB383,1093
12Section
1093. 973.19 (1) (b) of the statutes is renumbered 974.03 (2) and
13amended to read:
AB383,335,1514
974.03
(2) A
person defendant who has requested transcripts under s. 809.30
15(2) may move for modification of a sentence or fine under s. 809.30 (2) (h).
AB383,1094
16Section
1094. 973.19 (2), (3), (4) and (5) of the statutes are renumbered 974.03
17(1) (b), (c), (d) and (e) and amended to read:
AB383,335,2018
974.03
(1) (b) Within 90 days after a motion under
sub. (1) par. (a) is filed, the
19circuit court shall enter an order either determining the motion or
, for cause, 20extending the time for doing so by not more than 90 days
for cause.
AB383,335,2321
(c) If an order determining a motion under
sub. (1)
par. (a) is not entered timely
22under
sub. (2) par. (b), the motion shall be considered denied and the clerk
of the court 23shall immediately enter an order denying the motion.
AB383,336,3
1(d)
An The rules governing civil appeals govern an appeal from an order
2determining a motion under
sub. (1) par. (a)
is governed by the procedure for civil
3appeals.
AB383,336,54
(e) By filing a motion under
sub. (1) par. (a) the defendant waives his or her
5right to file an appeal or postconviction motion under s. 809.30 (2).
AB383,1095
6Section
1095. 973.195 (1r) (e) of the statutes is amended to read:
AB383,336,117
973.195
(1r) (e) Notwithstanding the confidentiality of victim address
8information obtained under s.
302.1135 (7) (c) 302.113 (9g) (g) 3., a district attorney
9who is required to send notice to a victim under par. (d) may obtain from the clerk
10of the circuit court victim address information that the victim provided to the clerk
11under s.
302.1135 (7) (c). 302.113 (9g) (g) 3.
AB383,1096
12Section
1096. 973.20 (1g) of the statutes is repealed.
AB383,1097
13Section
1097. 973.20 (1r) of the statutes is amended to read:
AB383,337,914
973.20
(1r) When imposing sentence or ordering probation for any crime, other
15than a crime involving conduct that constitutes domestic abuse under s. 813.12 (1)
16(am) or
968.075 969.27 (1) (a), for which the defendant was convicted, the court, in
17addition to any other penalty authorized by law, shall order the defendant to make
18full or partial restitution under this section to any victim of a crime considered at
19sentencing or, if the victim is deceased, to his or her estate, unless the court finds
20substantial reason not to do so and states the reason on the record. When imposing
21sentence or ordering probation for a crime involving conduct that constitutes
22domestic abuse under s. 813.12 (1) (am) or
968.075
969.27 (1) (a) for which the
23defendant was convicted or that was considered at sentencing, the court, in addition
24to any other penalty authorized by law, shall order the defendant to make full or
25partial restitution under this section to any victim of a crime or, if the victim is
1deceased, to his or her estate, unless the court finds that imposing full or partial
2restitution will create an undue hardship on the defendant or victim and describes
3the undue hardship on the record. Restitution ordered under this section is a
4condition of probation, extended supervision, or parole served by the defendant for
5a crime for which the defendant was convicted. After the termination of probation,
6extended supervision, or parole, or if the defendant is not placed on probation,
7extended supervision, or parole, restitution ordered under this section is enforceable
8in the same manner as a judgment in a civil action by the victim named in the order
9to receive restitution or enforced under ch. 785.
AB383,1098
10Section
1098. 973.20 (9m) of the statutes is amended to read:
AB383,337,2111
973.20
(9m) When restitution is ordered, the court shall inquire to see if
12recompense has been made under s.
969.13 (5) (a)
969.42. If recompense has been
13made and the restitution ordered is less than or equal to the recompense, the
14restitution shall be applied to the payment of costs and, if any restitution remains
15after the payment of costs, to the payment of the judgment. If recompense has been
16made and the restitution ordered is greater than the recompense, the victim shall
17receive an amount equal to the amount of restitution less the amount of recompense
18and the balance shall be applied to the payment of costs and, if any restitution
19remains after the payment of costs, to the payment of the judgment. This subsection
20applies without regard to whether the person who paid the recompense is the person
21who is convicted of the crime.
AB383,1099
22Section
1099. 973.20 (11) (a) of the statutes is amended to read:
AB383,338,723
973.20
(11) (a) Except as otherwise provided in this paragraph, the restitution
24order shall require the defendant to deliver the amount of money or property due as
25restitution to the department for transfer to the victim or other person to be
1compensated by a restitution order under this section. If the defendant is not placed
2on probation or sentenced to prison, the court may order that restitution be paid to
3the clerk
of court for transfer to the appropriate person. The court shall impose on
4the defendant a restitution surcharge under ch. 814 equal to 5% of the total amount
5of any restitution, costs, attorney fees, court fees, fines, and surcharges ordered
6under s. 973.05 (1) and imposed under ch. 814, which shall be paid to the department
7or the clerk
of court for administrative expenses under this section.
AB383,1100
8Section
1100. 973.20 (12) (c) of the statutes is amended to read:
AB383,338,129
973.20
(12) (c) If a defendant is subject to more than one order under this
10section and the financial obligations under any order total $50 or less, the
11department or the clerk
of court, whichever is applicable under sub. (11) (a), may pay
12these obligations first.
AB383,1101
13Section
1101. 974.02 of the statutes is amended to read:
AB383,338,23
14974.02 Appeals and postconviction relief in criminal cases Direct
15appeals. (1) A motion for postconviction relief other than under s. 974.06 or 974.07
16(2) by the defendant in a criminal case shall be made in the time and manner
17provided in s. 809.30. An appeal by the The defendant
in a criminal case may appeal 18from a judgment of conviction or from an order denying a postconviction motion or
19from both
. A direct appeal from a judgment of conviction shall be taken in the time
20and manner provided in ss. 808.04 (3) and 809.30
. An appeal of an order or judgment
21on habeas corpus remanding to custody a prisoner committed for trial under s. 970.03
22shall be taken under ss. 808.03 (2) and 809.50, with notice to the attorney general
23and the district attorney and opportunity for them to be heard
to 809.32.
AB383,339,3
1(2) An appellant is not required to file a postconviction motion in the
trial 2circuit court prior to an appeal if the grounds are sufficiency of the evidence or issues
3previously raised.
AB383,1102
4Section
1102. 974.05 (1) (intro.) of the statutes is amended to read:
AB383,339,75
974.05
(1) (intro.) Within the time period specified by s. 808.04 (4) and in the
6manner provided for civil appeals under chs. 808 and 809,
an appeal may be taken
7by the state
from may appeal any
of the following:
AB383,1103
8Section
1103. 974.05 (1) (a), (b), (c) and (d) (intro.), 1. and 2. of the statutes are
9amended to read:
AB383,339,1210
974.05
(1) (a)
Final
A final order or judgment adverse to the state, whether
11following a trial or a plea of guilty or no contest, if the appeal would not be prohibited
12by constitutional protections against double jeopardy.
AB383,339,1413
(b)
Order An order granting postconviction relief under s. 974.02,
974.03, 14974.06, or 974.07.
AB383,339,1615
(c)
Judgment A judgment and sentence or order of probation not authorized by
16law.
AB383,339,1817
(d) (intro.)
Order An order or judgment the substantive effect of which results
18in
any of the following:
AB383,339,1919
1. Quashing an arrest warrant
;.