SB214,8,75 800.035 (5) (a) If a defendant is charged with a violation of an ordinance in
6conformity with s. 346.63 (1) or (5), the municipality may, by ordinance, or the judge
7may by order,
require the defendant to appear in person before the court.
SB214,17 8Section 17. 800.035 (5) (c) of the statutes is amended to read:
SB214,8,219 800.035 (5) (c) If a defendant charged with a violation of an ordinance that is
10in conformity with s. 346.63 (1) or (5) pleads not guilty and within 10 days after entry
11of the plea requests a jury trial and pays the required fees, the municipal judge court
12shall promptly transmit all papers and fees in the cause, including any other
13citations or complaints arising from the same incident,
to the clerk of the circuit court
14of the county where the violation occurred for a jury trial under s. 345.43. The plea
15of not guilty and request for jury trial may be made in writing. If the person refused
16to take a test under s. 343.305 (3) and requested a hearing under s. 343.305 (9) to
17determine if the person's refusal was proper, the papers and fees involved in that
18action shall be transferred to the same circuit court, which shall conduct the refusal
19hearing. Upon receipt of the request, the circuit court shall set a time for trial. Any
20deposit made personally or in writing is forfeited upon nonappearance at the time
21set for trial. The required fee for a jury is prescribed in s. 814.61 (4).
SB214,18 22Section 18. 800.05 (3) of the statutes is amended to read:
SB214,9,1123 800.05 (3) Upon receipt of the written request under sub. (1), the original judge
24shall have no further jurisdiction in the case except as provided in sub. (1) and except
25to determine if the request was made timely and in proper form. Upon such a

1determination, or if no determination is made within 7 days, the court shall transfer
2the matter to the chief judge of the judicial administrative district for the
3determination and reassignment of the action as necessary. If the request is
4determined to be proper, the case shall be transferred as provided in s. 751.03 (2).
5Upon transfer, the municipal judge shall immediately transmit to the appropriate
6court judge all the records in the action. Upon receipt of the records, the new judge
7shall specify the court's location in which the case will be heard and shall consider
8any objection to the proposed location in making the determination
. In all such cases,
9the parties shall remain the same, the prosecutor of the transferring court shall be
10responsible for prosecution in before the new court judge, and the judgment, if any,
11shall be payable to the transferring court.
SB214,19 12Section 19. 800.06 (1) of the statutes is amended to read:
SB214,9,1713 800.06 (1) If any municipal judge is to be temporarily absent or is sick or
14disabled, the municipal judge may, by written request, subject to the order of the
15chief judge of the judicial administrative district, designate another municipal judge
16from any municipality within the state to perform his or her duties for a period not
17to exceed 30 days.
SB214,20 18Section 20. 800.085 (2) of the statutes is renumbered 800.085 (2) (intro.) and
19amended to read:
SB214,9,2120 800.085 (2) (intro.) The court finds good cause after considering the following
21factors under s. 807.13 (2) (c).:
SB214,21 22Section 21. 800.085 (2) (a) to (i) of the statutes are created to read:
SB214,9,2323 800.085 (2) (a) Whether any undue surprise or prejudice would result.
SB214,9,2524 (b) Whether the proponent has been unable, after due diligence, to procure the
25physical presence of the witness.
SB214,10,2
1(c) The convenience of the parties and the proposed witness, and the cost of
2producing the witness in relation to the importance of the offered testimony.
SB214,10,53 (d) Whether the procedure would allow full effective cross-examination,
4especially where availability to counsel of documents and exhibits available to the
5witness would affect such cross-examination.
SB214,10,96 (e) The importance of presenting the testimony of witnesses in open court,
7where the finder of fact may observe the demeanor of the witness, and where the
8solemnity of the surroundings will impress upon the witness the duty to testify
9truthfully.
SB214,10,1110 (f) Whether the quality of the communication is sufficient to understand the
11offered testimony.
SB214,10,1212 (g) Whether a physical liberty interest is at stake in the proceeding.
SB214,10,1413 (h) Financial or physical limitations on the ability of the defendant or counsel
14for the defendant to be physically present.
SB214,10,1615 (i) Any other factors as the court may, in each individual case, determine to be
16relevant.
SB214,22 17Section 22. 800.09 (4) of the statutes is created to read:
SB214,10,2318 800.09 (4) Notwithstanding ss. 755.045 or 800.115 (2), no municipal judgment
19alleged by the defendant to be void due to the existence of a conviction, suspension,
20or revocation arising from another matter that existed at the time of the municipal
21judgment shall be considered void by any court unless the defendant disclosed the
22conviction, suspension, or revocation with specificity and in writing to the municipal
23court and to the prosecuting attorney prior to the entry of municipal judgment.
SB214,23 24Section 23. 800.093 (1) (b) of the statutes is amended to read:
SB214,11,2
1800.093 (1) (b) The violation resulted in damage to or theft of the property of
2or physical injury to or death of a person other than the defendant.
SB214,24 3Section 24. 800.095 (3) of the statutes is renumbered 800.095 (3) (intro.) and
4amended to read:
SB214,11,65 800.095 (3) (intro.) Subsection (1) (a) and (b) does not apply to orders any of the
6following:
SB214,11,7 7(a) Orders for restitution under s. 800.093 or in cases.
SB214,11,11 8(b) Cases where service of the summons and complaint or citation is made by
9mail as authorized in s. 800.01 (2) (e), unless the defendant subsequently appeared
10in the action or was personally served with a copy of the judgment and notice of the
11right to request review of the findings under sub. (1) (b) 2
.
SB214,25 12Section 25. 800.095 (3) (c) of the statutes is created to read:
SB214,11,1513 800.095 (3) (c) Failure to pay a monetary judgment within 60 days of the
14judgment under s. 800.09 (1b), unless the court finds good cause and orders
15otherwise.
SB214,26 16Section 26. 800.095 (6) of the statutes is amended to read:
SB214,11,1817 800.095 (6) The court or collection company may obtain payment through a
18setoff against the defendant's tax refund under s. 71.935.
SB214,27 19Section 27. 800.095 (7) of the statutes is amended to read:
SB214,11,2320 800.095 (7) In addition to the procedures under this section, the court or a
21municipality may enforce the judgment in the same manner as for a judgment in an
22ordinary civil action, including entry into the judgment and lien docket as provided
23under s. 806.12
.
SB214,28 24Section 28. 800.115 (4) of the statutes is amended to read:
SB214,12,4
1800.115 (4) The court may impose costs on the motion as allowed under s.
2814.07, except that any costs shall be based on the expense associated with the
3motion and the court shall consider the defendant's ability to pay the costs. No costs
4may be imposed as a requirement of filing the motion
.
SB214,29 5Section 29. 800.115 (5) of the statutes is amended to read:
SB214,12,116 800.115 (5) Upon receiving or making a motion under this section, the court
7shall provide notice to all parties and schedule a hearing on the motion. Upon
8receiving a motion under this section, the court may enter an order denying the
9motion for failure to state grounds upon which relief may be granted, schedule a
10hearing on the motion, or enter an order based on written submissions from the
11parties.
SB214,30 12Section 30. 800.13 (1) of the statutes is amended to read:
SB214,12,1713 800.13 (1) Every proceeding in which testimony is taken under oath or
14affirmation, hearing on a motion under s. 800.115, and hearing regarding whether
15the defendant is unable to pay the judgment because of poverty, as that term is used
16in s. 814.29 (1) (d),
in a municipal court shall be recorded by electronic means for
17purposes of appeal.
SB214,31 18Section 31. 800.14 (1) of the statutes is amended to read:
SB214,12,2519 800.14 (1) Appeals from judgments, decisions on motions brought under s.
20800.115, or determinations regarding whether the defendant is unable to pay the
21judgment because of poverty, as that term is used in s. 814.29 (1) (d), may be taken
22by either party to the circuit court of the county where the offense occurred. The
23appellant shall appeal by giving the municipal judge court and other party written
24notice of appeal and paying any required fees within 20 days after the judgment or
25decision. No appeals may be taken from default judgments.
SB214,32
1Section 32. 800.14 (2) of the statutes is repealed.
SB214,33 2Section 33. 800.14 (2m) of the statutes is created to read:
SB214,13,73 800.14 (2m) Upon receipt by the municipal court of the notice of appeal and any
4required fees and, if a trial has been held, after the 20 day time period under sub. (4)
5has passed, the appeal has been perfected. Within 30 days after perfection, the
6municipal court shall transmit the case to the circuit court as provided under sub.
7(5), and shall comply with the requirements of s. 343.325, if applicable.
SB214,34 8Section 34. 800.14 (3) of the statutes is amended to read:
SB214,13,139 800.14 (3) On meeting the requirements for appeal Upon perfection of the
10appeal under sub. (2m)
, execution on the judgment of the municipal court or
11enforcement of the order of the municipal court shall be stayed until the final
12disposition of the appeal, unless otherwise ordered by the municipal court prior to
13transmittal to the circuit court or unless ordered by the circuit court thereafter
.
SB214,35 14Section 35. 800.14 (4) of the statutes is renumbered 800.14 (4) (intro.) and
15amended to read:
SB214,13,2016 800.14 (4) (intro.) An appeal from a judgment where a trial has been held shall
17be on the record unless, within 20 days after notice of appeal has been filed with the
18municipal court under sub. (1), either party requests that a new trial be held in
19circuit court. The new trial shall be conducted by the court without a jury unless
20either party one of the following applies:
SB214,13,24 21(a) If the defendant is charged with a violation of an ordinance that is in
22conformity with s. 346.63 (1) or (5) and did not proceed under s. 800.035 (5) (c), the
23municipality
requests a 6-person jury trial and posts the jury fee under s. 814.61 (4)
24within 10 days after the order for a new trial.
SB214,36 25Section 36. 800.14 (4) (b) of the statutes is created to read:
SB214,14,3
1800.14 (4) (b) If par. (a) does not apply, either party requests a 6-person jury
2trial and posts the jury fee under s. 814.61 (4) within 10 days after the order for a new
3trial.
SB214,37 4Section 37. 800.14 (5) of the statutes is amended to read:
SB214,14,225 800.14 (5) If there is no request or motion under sub. (4), or if the appeal is from
6a judgment or decision in which a trial has not been held, the appeal shall be based
7upon a review of the proceedings in the municipal court. The, and the municipal
8court shall transmit to the circuit court a copy of the entire record, including any
9electronic recording created under s. 800.13 (1). When testimony has been recorded
10in the municipal court
If there is a request under sub. (4), the municipal court shall
11transmit to the circuit court as much of the record as deemed appropriate by the
12municipal court, but the transmission shall include, at the minimum, a copy of the
13citation or complaint and the judgment. The municipal court may supplement the
14transmission upon request of either party or the circuit court. The circuit court may

15order the preparation of a transcript of the proceedings by any qualified court
16reporter
, at the cost of the appellant, from the electronic recording and shall certify
17the transcript and transmit it with the record. An appellant shall, within 20 days
18after notice of appeal, submit payment of the estimated cost of the transcript, as
19determined by the municipal court, but shall be responsible for the actual cost of
20preparing the transcript
. The transcript shall be deemed accurate unless
21determined otherwise by the municipal court, by request of either party or the circuit
22court
.
SB214,15,2 23(5m) A defendant claiming an inability to pay with regard to the bond or the
24transcript fee may petition the municipal court for a waiver. A defendant claiming

1an inability to pay with regard to
, the appeal fee, or the jury fee may petition the
2circuit court for a waiver.
SB214,38 3Section 38 . 806.10 (1) (intro.) of the statutes is amended to read:
SB214,15,84 806.10 (1) (intro.) At the time of entry of a judgment directing in whole or in
5part the payment of money, or a judgment naming a spouse under s. 806.15 (4), and
6upon payment of the exact amount of the fee prescribed in s. 814.61 (5) (b) (am) 2.,
7the clerk of circuit court shall enter the judgment in the judgment and lien docket,
8arranged alphabetically, including all of the following:
SB214,39 9Section 39 . 806.14 of the statutes is amended to read:
SB214,15,16 10806.14 Enforcement of real estate judgment in other counties. If a
11judgment affecting real property is rendered in any county other than that in which
12the property is situated, the clerk of circuit court of the county where the property
13is situated shall, upon production of a duly certified copy of the judgment and
14payment of the fee specified by s. 814.61 (5) (b) (am) 2., file and enter the judgment
15in the judgment and lien docket. The judgment may be enforced in the circuit court
16for either county.
SB214,40 17Section 40. 814.61 (5) of the statutes is renumbered 814.61 (5) (am).
SB214,41 18Section 41. 814.61 (5) (bm) of the statutes is created to read:
SB214,15,2019 814.61 (5) (bm) Paragraph (am) does not apply to a judgment rendered in
20municipal court.
SB214,42 21Section 42. 814.63 (2) of the statutes is amended to read:
SB214,16,422 814.63 (2) Upon the disposition of a forfeiture action in circuit court for
23violation of a county, town, city, village, town sanitary district, or public inland lake
24protection and rehabilitation district ordinance, except for an action for a financial
25responsibility violation under s. 344.62 (2) or, for a violation under s. 343.51 (1m) (b)

1or, for a safety belt use violation under s. 347.48 (2m), or for a case transferred under
2s. 800.035 (5) (c),
the county, town, city, village, town sanitary district, or public
3inland lake protection and rehabilitation district shall pay a nonrefundable fee of $5
4to the clerk of circuit court.
SB214,43 5Section 43. 814.63 (4) of the statutes is amended to read:
SB214,16,126 814.63 (4) In forfeiture actions in which a county, town, city, village, town
7sanitary district or public inland lake protection and rehabilitation district prevails,
8costs and disbursements shall be allowed to the county, town, city, village, town
9sanitary district or public inland lake protection and rehabilitation district subject
10only to sub. (2) and such other limitation as the court may direct. For a case
11transferred under s. 800.035 (5) (c), the court shall disburse all forfeitures it collects
12to the municipality.
SB214,44 13Section 44. 885.04 of the statutes is amended to read:
SB214,16,19 14885.04 Municipal judge; subpoena served in state. A subpoena to require
15attendance before a municipal judge may be served anywhere in the state if
16authorized by the municipal judge, and shall require the attendance of any witness
17so served. A subpoena to require the attendance of the defendant, whether the
18defendant is within or without the state, may be served by mail on the defendant's
19attorney, and shall require the attendance of the defendant.
SB214,16,2020 (End)
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