February 9, 2018 - Introduced by Representatives Jacque and Horlacher.
Referred to Committee on Corrections.
AB928,1,3 1An Act to amend 304.074 (3m), 893.40, 973.20 (1r) and 973.20 (10) (b) (intro.);
2and to create 71.935 (3) (c) and 758.20 of the statutes; relating to: the
3collection of victim restitution.
Analysis by the Legislative Reference Bureau
This bill prohibits the Department of Corrections from collecting supervision
fees from an individual who is or was previously on probation, parole, or supervised
release until all restitution owed by that individual has been paid. Under current
law, DOC may not collect supervision fees from an individual who owes restitution
debt while that person is on probation, parole, or supervised release, but current law
is silent as to whether supervision fees may be collected once that individual is no
longer on probation, parole, or supervised release if a civil judgment has been entered
for that individual's restitution debt.
This bill also directs the director of state courts to ensure that the court system
website organizes restitution by the individual who owes restitution, not by the case
in which restitution is owed, and to apportion all payments made by an individual
across all victims to whom he or she owes restitution. Currently, the court system
website organizes debt by the case in which restitution debt is owed, which allows
an individual making a payment through the website to select which case to pay
restitution towards.
This bill changes the statute of limitations for a civil action to enforce a
restitution order so that such an action may be filed at any time. Under current law,
a civil action to enforce a restitution order must be filed within 20 years.

The bill requires that DOC or clerks of courts certify outstanding restitution
debt to the Department of Revenue unless the victim requests that the debt not be
certified. Under current law, clerks of courts may certify restitution debt but are not
required to do so. This bill also requires DOR to begin collection efforts at the time
of certification. Under current law, there is no required time frame in which DOR
must begin collection efforts. The bill also requires DOR to apply collected amounts
to outstanding child support and restitution debt before any other debt.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB928,1 1Section 1. 71.935 (3) (c) of the statutes is created to read:
AB928,2,52 71.935 (3) (c) If a debtor owes a debt related to victim restitution and other debt
3certified under sub. (2), the department shall apply amounts collected under this
4section to debt under s. 49.855 (1) and then to the debt related to victim restitution
5before any other debt certified under sub. (2).
AB928,2 6Section 2. 304.074 (3m) of the statutes is amended to read:
AB928,2,107 304.074 (3m) The department may not collect a fee charged under this section
8until all restitution payments debt in any form due pursuant to any court order under
9s. 973.20
from the probationer, parolee, or person on extended supervision have has
10been paid.
AB928,3 11Section 3. 758.20 of the statutes is created to read:
AB928,2,16 12758.20 Consolidated court automation programs. (1) In this section,
13“Wisconsin Circuit Court Access Internet site" means the Internet site of the
14consolidated court automation programs, which is the statewide electronic circuit
15court case management system established under s. 758.19 (4) and maintained by
16the director of state courts.
AB928,3,5 17(2) The director of state courts shall ensure the Wisconsin Circuit Court Access
18Internet site organizes restitution owed under s. 973.20 by the individual who owes

1restitution, and not by the case in which restitution is owed. The director of state
2courts shall ensure that the Wisconsin Circuit Court Access Internet site allocates
3any payment made through the Internet site first to restitution owed by the
4individual and allocates any payment proportionately to all victims to whom the
5individual owes restitution.
AB928,4 6Section 4. 893.40 of the statutes is amended to read:
AB928,3,10 7893.40 Action on judgment or decree; court of record. Except as provided
8in ss. 846.04 (2) and (3) and, 893.415, and 973.20 (1r), action upon a judgment or
9decree of a court of record of any state or of the United States shall be commenced
10within 20 years after the judgment or decree is entered or be barred.
AB928,5 11Section 5. 973.20 (1r) of the statutes is amended to read:
AB928,4,812 973.20 (1r) When imposing sentence or ordering probation for any crime, other
13than a crime involving conduct that constitutes domestic abuse under s. 813.12 (1)
14(am) or 968.075 (1) (a), for which the defendant was convicted, the court, in addition
15to any other penalty authorized by law, shall order the defendant to make full or
16partial restitution under this section to any victim of a crime considered at
17sentencing or, if the victim is deceased, to his or her estate, unless the court finds
18substantial reason not to do so and states the reason on the record. When imposing
19sentence or ordering probation for a crime involving conduct that constitutes
20domestic abuse under s. 813.12 (1) (am) or 968.075 (1) (a) for which the defendant was
21convicted or that was considered at sentencing, the court, in addition to any other
22penalty authorized by law, shall order the defendant to make full or partial
23restitution under this section to any victim of a crime or, if the victim is deceased, to
24his or her estate, unless the court finds that imposing full or partial restitution will
25create an undue hardship on the defendant or victim and describes the undue

1hardship on the record. Restitution ordered under this section is a condition of
2probation, extended supervision, or parole served by the defendant for a crime for
3which the defendant was convicted. After the termination of probation, extended
4supervision, or parole, or if the defendant is not placed on probation, extended
5supervision, or parole, restitution ordered under this section is enforceable in the
6same manner as a judgment in a civil action by the victim named in the order to
7receive restitution, except that an enforcement action may be commenced at any
8time,
or restitution may be enforced under ch. 785.
AB928,6 9Section 6. 973.20 (10) (b) (intro.) of the statutes is amended to read:
AB928,4,1310 973.20 (10) (b) (intro.) The department or the clerk of court may shall certify
11an amount owed under par. (a) to the department of revenue unless the victim
12requests that the debt not be certified, and the department of revenue shall begin
13collection efforts
if any of the following apply:
AB928,7 14Section 7. Initial applicability.
AB928,4,1815 (1) The treatment of section 758.20 (2) of the statutes first applies to restitution
16entered before the effective date of this subsection if information regarding the
17restitution is available on the Wisconsin Circuit Court Access Internet site, as
18defined in section 758.20 (1) of the statutes, on the effective date of this subsection.
AB928,4,2219 (2) Notwithstanding section 990.06 of the statutes, the treatment of section
20893.40 of the statutes first applies to an act for which the time limit under section
21893.40 of the statutes for commencement of the action has not expired as of the
22effective date of this subsection.
AB928,4,2323 (End)
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