23.76
23.76
Burden of proof. In all actions under this chapter, the state must convince the trier of fact to a reasonable certainty of every element of the offense by evidence that is clear, satisfactory and convincing.
23.76 History
History: 1975 c. 365.
23.77(1)(1)
If in circuit court either party files a written demand for a jury trial within 20 days after the court appearance date and immediately pays the fee prescribed in s.
814.61 (4), the court shall place the case on the jury calendar. The number of jurors shall be determined under s.
756.06 (2) (b). If no party demands a trial by jury, the right to trial by jury is permanently waived.
23.77 History
History: 1975 c. 365;
1977 c. 305,
318,
447;
1977 c. 449 s.
497;
1979 c. 175 s.
53;
1981 c. 317;
1995 a. 427; Sup. Ct. Order No.
96-08, 207 Wis. 2d xv (1997).
23.78
23.78
Verdict. A verdict is valid if agreed to by five-sixths of the jury. If a verdict relates to more than one count, it shall be valid as to any count if any five-sixths of the jury agree thereto. The form of the verdict shall be guilty or not guilty. The amount of the forfeiture shall be stated by the court after a finding of guilty.
23.78 History
History: 1975 c. 365.
23.79(1)(1)
If the defendant is found guilty, the court may enter judgment against the defendant for a monetary amount not to exceed the maximum forfeiture provided by the statute for the violation, plus costs, fees, and surcharges imposed under ch.
814.
23.79(2)
(2) The payment of any judgment may be suspended or deferred for not more than 90 days in the discretion of the court. In cases where a deposit has been made, any forfeitures, costs, fees, and surcharges imposed under ch.
814 shall be taken out of the deposit and the balance, if any, returned to the defendant.
23.79(3)
(3) In addition to any monetary penalties, the court may order the defendant to perform or refrain from performing such acts as may be necessary to fully protect and effectuate the public interest. The court may order abatement of a nuisance, restoration of a natural resource, restoration of an archaeological feature subject to the prohibition under s.
23.095 (1m), or other appropriate action designed to eliminate or minimize any environmental damage caused by the defendant.
23.79(4)
(4) The court may, where provided by law, revoke or suspend any or all privileges and licenses.
23.79(5)
(5) All civil remedies are available in order to enforce the judgment of the court, including the power of contempt under ch.
785.
23.795
23.795
Nonpayment of judgments. 23.795(1)(1)
If a defendant fails to timely pay a judgment entered under s.
23.75 (3) (a) 2. or
23.79, the court may issue an arrest warrant or a summons ordering the defendant to appear in court or both. If the defendant appears before the court pursuant to a warrant or summons or the defendant otherwise notifies the court that he or she is unable to pay the judgment, the court shall conduct a hearing. If the defendant failed to pay the forfeiture, the court shall determine if the defendant is unable to pay the amount specified in the judgment for good cause or because of the defendant's indigence. If the court determines that the failure of the defendant to comply with the judgment is for good cause or because of the defendant's indigence, the court may order that the amount of the judgment be modified, suspended or permanently stayed. If the defendant fails to appear before the court for a hearing under this subsection or if the court determines at the hearing that the failure of a defendant to pay the judgment is not for good cause or not because of the defendant's indigence, the court shall order one of the following:
23.795(1)(a)
(a) That the defendant be imprisoned for a time not to exceed 5 days or until the amount is paid, whichever is less.
23.795(1)(b)
(b) That the amount of the judgment be modified, suspended or permanently stayed.
23.795(2)
(2) In lieu of an order of imprisonment under sub.
(1) (a) for a violation of ch.
29, the court may revoke or suspend any privilege or approval granted under ch.
29 as provided in s.
29.971 (12).
23.795(3)
(3) In lieu of an order of imprisonment under sub.
(1) (a) for a violation of ch.
169, the court may revoke or suspend any privilege or license granted under ch.
169 as provided in s.
169.45 (6).
23.795(4)
(4) In lieu of an order of imprisonment under sub.
(1) (a) for a violation of s.
90.21, the court may suspend any fence inspection certificate issued under s.
90.21, as provided in s.
90.21 (8) (b).
23.80
23.80
Judgment against a corporation or municipality. 23.80(1)(1)
If a corporation or municipality fails to appear within the time required by the citation or summons, the default of such corporation or municipality may be recorded and the charge against it taken as true and judgment shall be rendered accordingly.
23.80(2)
(2) Upon default of the defendant corporation or municipality, or upon conviction, judgment for the amount of the forfeiture, plus costs, fees, and surcharges imposed under ch.
814, shall be entered.
23.81
23.81
Effect of plea of no contest. Forfeiture of deposit under s.
23.75 (3) (b), an accepted plea of no contest under s.
23.70, or a stipulation of no contest under s.
23.75 (3) (c) to a charge of violation of a natural resources law shall not be admissible in evidence as an admission against interest in any action or proceeding arising out of the same occurrence.
23.81 History
History: 1975 c. 365.
23.82
23.82
Fees. Fees in forfeiture actions under this chapter are prescribed in s.
814.63.
23.83(1)(1)
Jurisdiction on appeal. Appeal may be taken by either party. On appeal from the circuit court, the appeal is to the court of appeals.
23.83(2)
(2) Stay of execution. The amount of undertaking required to stay execution on appeal shall not exceed the amount of the maximum forfeiture, plus costs, fees, and surcharges imposed under ch.
814.
23.83(3)
(3) Procedure on appeal. An appeal to the court of appeals shall be in accordance with chs.
808 and
809.
23.84
23.84
Forfeitures, costs, fees, and surcharges collected; to whom paid. Except for actions in municipal court, all moneys collected in favor of the state or a municipality for a forfeiture, plus costs, fees, and surcharges imposed under ch.
814, shall be paid by the officer who collects the same to the appropriate municipal or county treasurer, within 20 days after their receipt by the officer, except that all jail surcharges imposed under ch.
814 shall be paid to the county treasurer. In case of any failure in the payment, the municipal or county treasurer may collect the payment from the officer by an action in the treasurer's name of office and upon the official bond of the officer, with interest at the rate of 12 percent per year from the time when it should have been paid.
23.85
23.85
Statement to county board; payment to state. Every county treasurer shall, on the first day of the annual meeting of the county board of supervisors, submit to it a verified statement of all forfeitures, costs, fees, and surcharges imposed under ch.
814 and received during the previous year. The county clerk shall deduct all expenses incurred by the county in recovering those forfeitures, costs, fees, and surcharges from the aggregate amount so received, and shall immediately certify the amount of clear proceeds of those forfeitures, costs, fees, and surcharges to the county treasurer, who shall pay the proceeds to the state as provided in s.
59.25 (3). Jail surcharges imposed under ch.
814 shall be treated separately as provided in s.
302.46 and moneys collected from the crime prevention funding board surcharge under s.
973.0455 (2) shall be treated separately as provided in s.
973.0455 (2).
23.90
23.90
Place of trial. 23.90(1)(1)
Civil actions shall be tried in the county where the offense was committed, except as otherwise provided.
23.90(2)
(2) Where 2 or more acts are requisite to the commission of any offense, the trial may be in any county in which any of such acts occurred.
23.90(3)
(3) Where an offense is committed on or within one-fourth of a mile of the boundary of 2 or more counties, the defendant may be tried in any of such counties.
23.90(4)
(4) If an offense is commenced outside the state and is consummated within the state, the defendant may be tried in the county where the offense was consummated.
23.90(5)
(5) If an offense is committed on boundary waters at a place where 2 or more counties have common jurisdiction under s.
2.03 or
2.04 or under any other law, the prosecution may be in either county. The county whose process against the offender is first served shall be conclusively presumed to be the county in which the offense was committed.
23.90(6)
(6) If an offense results from the violation of a prohibition against breaking, removing, interfering with, altering, forging, or misrepresenting an approval or proof of an approval issued under ch.
29 or a prohibition under ch.
29 against counterfeit approvals or illegally obtained approvals and the offense was committed outside of this state, the defendant may be tried in Dane County.
23.90(7)
(7) In an action under s.
23.33 (2h) (a) 1. for intentionally making a false statement on an application for a registration, the defendant may be tried in the defendant's county of residence at the time that the complaint is filed, in the county where the defendant purchased the all-terrain vehicle or utility terrain vehicle if purchased from a dealer, or in the county where the department of natural resources received the application.
23.99
23.99
Parties to a violation. 23.99(1)(1)
Whoever is concerned in the commission of a violation of this chapter for which a forfeiture is imposed is a principal and may be charged with and convicted of the violation although he or she did not directly commit it and although the person who directly committed it has not been convicted of the violation.
23.99(2)
(2) A person is concerned in the commission of the violation if the person:
23.99(2)(b)
(b) Aids and abets the commission of it; or
23.99(2)(c)
(c) Is a party to a conspiracy with another to commit it or advises, hires or counsels or otherwise procures another to commit it.
23.99 History
History: 1975 c. 365.
