SB383: Bill Text

SB383,37,11 4. Serving the complete 2-year suspension of the defendant's operating privilege does not relieve the defendant of the responsibility to pay the judgment.

SB383,37,17 5. During the period of operating privilege suspension under this paragraph, the defendant may request the court to reconsider the order of suspension based on an inability to pay the judgment. The court shall consider the defendant's request. The court may withdraw the suspension and grant the defendant further time to pay or withdraw the suspension and order one or more other sanctions set forth in this subsection.

SB383,37,21 6. This paragraph does not apply if the judgment was entered solely for a violation of an ordinance unrelated to the violator's operation of a motor vehicle unless the judgment is ordered under ch. 938. Nonmoving traffic offenses, as defined in s. 345.28 (1) (c), are related to the violator's operation of a motor vehicle.

SB383,37,24 (b) 1. That the defendant be imprisoned until the forfeiture, assessments, surcharge, and costs are paid. If the court orders imprisonment under this subdivision, all of the following apply:

SB383,38,4 a. The maximum period of imprisonment shall be 90 days for any one judgment, and the defendant shall receive credit against the amount owed at the rate of at least $50 for each day of imprisonment, including imprisonment following an arrest but prior to the court making a finding under subd. 2.

SB383,38,7 b. The court may impose a term of imprisonment under this subdivision that is either concurrent with or consecutive to any other term of imprisonment imposed at the same time or any term of imprisonment imposed by any court.

SB383,38,9 2. No defendant may be imprisoned under subd. 1. unless the court makes one of the following findings:

SB383,38,14 a. Either at sentencing or thereafter, that the defendant has the ability to pay the judgment within a reasonable time. If a defendant meets the criteria in s. 814.29 (1) (d), the defendant shall be presumed unable to pay under this subsection and the court shall either suspend or extend payment of the judgment or order community service.

SB383,38,16 b. The defendant has failed, without good cause, to perform the community service authorized under this subsection or s. 800.09.

SB383,38,19 c. The defendant has failed to attend an indigency hearing offered by the court to provide the defendant with an opportunity to determine whether he or she has the ability to pay the judgment.

SB383,38,22 d. The defendant has failed, without good cause, to complete an assessment or treatment program related to alcohol or drugs that was ordered in lieu of a monetary forfeiture.

SB383,39,2 3. The defendant shall be committed to a jail or a house of correction in the county in which the cause of action arose. The defendant shall be eligible for privileges under s. 303.08. The municipality shall pay the expenses incurred by the county to imprison the defendant.

SB383,39,4 (c) 1. In this paragraph, "employer" includes the state and the political subdivisions of the state.

SB383,39,9 2. Assignment to the municipal court of not more than 25 percent of the defendant's commissions, earnings, salaries, wages, pension benefits unless otherwise exempt, benefits under ch. 102, and other money due or to be due to the defendant, including lottery prizes, for payment of the unpaid forfeiture, costs, surcharge, fees, or restitution.

SB383,39,22 3. Upon entry of the assignment under subd. 2., 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 municipal 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 subd. 2. shall inform the intended recipient that, if a prior assignment under subd. 2. or s. 778.30 (1) or 973.05 (4) has been received relating to the same defendant, the recipient is required to notify the municipal 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.

SB383,40,5 4. If, after receiving the annual list under s. 565.30 (5r) (a), the municipal court determines that a person identified in the list may be subject to an assignment under subd. 2., the 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 municipal 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.

SB383,40,7 5. Notice under this paragraph may be a notice of the court, a copy of the executed assignment or a copy of that part of the court order that directs payment.

SB383,40,11 6. For each payment made under the assignment under subd. 2., the person from whom the defendant under the order receives money shall receive an amount equal to the person's necessary disbursements, not to exceed $3, which shall be deducted from the money to be paid to the defendant.

SB383,40,23 7. A person who receives notice of the assignment under this paragraph 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 municipal court of the jurisdiction providing notice. If the person has already received a notice of an assignment under this paragraph or s. 778.30 (2) or 973.05 (5), 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 municipal court that sent the notice that the person has received a prior notice of an assignment under subd. 2. Section 241.09 does not apply to assignments under this section.

SB383,41,5 8. If after receipt of notice of assignment under this paragraph the person from whom the defendant receives money fails to withhold the money or send the money to the municipal court as provided in this paragraph, the person may be proceeded against under the principal action under s. 800.12 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 percent of the amount not withheld or sent.

SB383,41,10 9. If an employer who receives notice of an assignment under this paragraph fails to notify the municipal 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 s. 800.12 for contempt of court.

SB383,41,14 10. Compliance by the person from whom the defendant receives money with the order operates as a discharge of the person's liability to the defendant as to that portion of the defendant's commission, earnings, salaries, wages, benefits, or other money so affected.

SB383,41,22 11. No employer may use an assignment under subd. 2. as a basis for the denial of employment to a defendant, the discharge of an employee, or any disciplinary action against an employee. An employer who denies employment or discharges or disciplines an employee in violation of this subdivision may be fined not more than $500 and may be required to make full restitution to the aggrieved person, including reinstatement and back pay. Restitution shall be in accordance with s. 973.20. An aggrieved person may apply to the district attorney or to the department of workforce development for enforcement of this subdivision.

SB383,41,23 12. a. In this subdivision, "payroll period" has the meaning given in s. 71.63 (5).

SB383,42,4 b. If after an assignment is in effect the defendant's employer changes its payroll period, or the defendant changes employers and the new employer's payroll period is different from the former employer's payroll period, the municipal court may amend the withholding assignment or order so that the withholding frequency corresponds to the new payroll period and the amounts to be withheld reflect the adjustment to the withholding frequency.

SB383,42,7 13. The municipal court shall provide notice of the amended withholding assignment or order under subd. 12. by regular mail to the defendant's employer and to the defendant.

SB383,42,18 (d) That the defendant perform community service work for a public agency or nonprofit charitable organization approved by the court and agreed to by the agency or nonprofit charitable organization. If the community service work is in lieu of restitution, then the person to whom restitution is owed must agree; the defendant shall be given credit at the rate of not less than the minimum wage established under ch. 104 for adults in nonagriculture, nontipped employment for each one hour of community service completed. The defendant shall be given a written statement of the community service order. Nothing in this paragraph makes the defendant an employee or agent of the court or the municipality. The defendant shall be responsible for providing the court with proof that the community service hours have been completed.

SB383,42,20 (2) At any time prior to imprisonment under sub. (1) (b), the defendant may request a review of any findings made under sub. (1) (b) 2.

SB383,42,23 (3) Subsection (1) (a) and (b) does not apply to orders for restitution under s. 800.093 or in cases where service of the summons and complaint or citation is made by mail as authorized in s. 800.01 (2) (e).

SB383,43,3 (4) The court may, at any time, authorize payment of the monetary judgment by installment payments, or may modify, suspend, or permanently stay the monetary judgment.

SB383,43,5 (5) The court may employ a collection company to collect the judgment under s. 755.21.

SB383,43,7 (6) The court or collection company may obtain payment through a setoff against the defendant's tax refund under s. 71.935.

SB383,43,9 (7) In addition to the procedures under this section, a municipality may enforce the judgment in the same manner as for a judgment in an ordinary civil action.

SB383,43,14 (8) In addition to the procedures under this section, a municipal court may order the transfer of any of the defendant's money or property that the municipality is holding and that is unclaimed by the defendant for more than one year to pay any forfeitures, fees, costs, or surcharges that the defendant failed to pay the municipality.

SB383, s. 122 Section 122. 800.10 (1) of the statutes is amended to read:

SB383,43,16 800.10 (1) Fees and costs in municipal court are prescribed in s. 814.65 ch. 814.

SB383, s. 123 Section 123. 800.10 (2) of the statutes is amended to read:

SB383,44,2 800.10 (2) All forfeitures, fees, surcharges, and costs paid to a municipal court under a judgment before a municipal judge shall be reported and paid to the municipal treasurer within 7 30 days after receipt of the money by a the municipal judge or other court personnel. At the time of the payment, the municipal judge shall report to the municipal treasurer the title of the action, the offense for which a forfeiture was imposed and the total amount of the forfeiture, fees, surcharges, and costs, if any. The treasurer shall disburse the fees as provided in s. 814.65 (1) ch. 814. All jail surcharges paid to a municipal court under a judgment before a municipal judge shall be paid to the county treasurer within 7 days after receipt of the money by a municipal judge or other court personnel.

SB383, s. 124 Section 124. 800.11 (1) (intro.) of the statutes is amended to read:

SB383,44,5 800.11 (1) (intro.) Every municipal judge court shall keep a court record in which he or she the court shall enter, in actions to which they relate:

SB383, s. 125 Section 125. 800.11 (1) (a) of the statutes is amended to read:

SB383,44,8 800.11 (1) (a) The title of every action commenced before the municipal judge court, including the name and address of the defendant;

SB383, s. 126 Section 126. 800.11 (1) (g) of the statutes is amended to read:

SB383,44,12 800.11 (1) (g) The judgment rendered by the municipal judge court, including the penalties imposed, the date and time of rendering judgment and the costs assessed in the action;

SB383, s. 127 Section 127. 800.11 (1) (q) of the statutes is amended to read:

SB383,44,15 800.11 (1) (q) All motions made in the action, the decision thereon and all other proceedings in the action which the municipal judge court may think useful.

SB383, s. 128 Section 128. 800.11 (2) of the statutes is amended to read:

SB383,44,18 800.11 (2) Failure of the municipal judge court to keep a court record properly shall not affect the jurisdiction of the municipal court or render the judgment void.

SB383, s. 129 Section 129. 800.11 (3) (c) of the statutes is amended to read:

SB383,44,20 800.11 (3) (c) The name, and address and vocation of the defendant.

SB383, s. 130 Section 130. 800.11 (4) of the statutes is amended to read:

SB383,44,23 800.11 (4) If the municipal judge is elected under s. 755.01 (4), the judge court shall keep separate court records for each municipality.

SB383, s. 131 Section 131. 800.115 of the statutes is repealed and recreated to read:

SB383,45,3 800.115 Relief from judgment. (1) A defendant may within 6 months after the judgment is entered move for relief from the judgment because of mistake, inadvertence, surprise, or excusable neglect.

SB383,45,5 (2) Any party, including the court on its own motion, may at any time move to reopen the judgment under s. 806.07 (1) (c), (d), (g), or (h).

SB383,45,8 (3) Nothing in this section shall prevent the parties from stipulating and the court approving the reopening of a judgment for any other reason justifying relief from operation of the judgment.

SB383,45,9 (4) The court may impose costs on the motion as allowed under s. 814.07.

SB383,45,11 (5) Upon receiving or making a motion under this section, the court shall provide notice to all parties and schedule a hearing on the motion.

SB383, s. 132 Section 132. 800.12 of the statutes is repealed and recreated to read:

SB383,45,14 800.12 Municipal court contempt procedure. (1) In this section, "contempt of court" means any of the following intentional acts:

SB383,45,17 (a) Misconduct in the presence of the court that interferes with the court proceeding or with the administration of justice, or that impairs the respect due the court.

SB383,45,18 (b) Refusal of a witness to appear without reasonable excuse.

SB383,45,20 (2) A judge may impose a forfeiture in an amount not to exceed $200 for a contempt of court.

SB383,45,24 (3) For a contempt of court described in sub. (1) (a), the judge may impose imprisonment in the county jail for not more than 7 days and impose a forfeiture. These penalties shall be imposed immediately after the contempt of court has occurred and only under the following conditions:

SB383,46,2 (a) For the purpose of preserving order in the court and protecting the authority and dignity of the court.

SB383,46,4 (b) After allowing the person who committed the contempt of court an opportunity to address the court.

SB383,46,6 (4) For a contempt of court described in sub. (1) (b), the judge may do any of the following:

SB383,46,8 (a) Issue a warrant to bring the witness before the court for the contempt and to testify.

SB383,46,10 (b) In addition to ordering the witness to pay a forfeiture under sub. (2), the judge may order the witness to pay all costs of the witness's apprehension.

SB383, s. 133 Section 133. 800.13 (1) of the statutes is amended to read:

SB383,46,14 800.13 (1) Every proceeding in which testimony is taken under oath or affirmation in a municipal court shall be recorded by electronic means for purposes of appeal.

SB383, s. 134 Section 134. 800.14 (1) of the statutes is amended to read:

SB383,46,20 800.14 (1) Appeals from judgments of municipal courts or decisions on motions brought under s. 800.115 may be taken by either party to the circuit court of the county where the offense occurred. The appellant shall appeal by giving the municipal judge and other party written notice of appeal within 20 days after the judgment or decision. No appeals may be taken from default judgments.

SB383, s. 135 Section 135. 800.14 (2) of the statutes is amended to read:

SB383,47,2 800.14 (2) On appeal by the defendant, the defendant shall execute a bond, at the discretion of the municipal judge, to the municipality municipal court with or without surety, approved by the municipal judge, that if the judgment is affirmed in whole or in part the defendant shall pay the judgment and all costs awarded on appeal.

SB383, s. 136 Section 136. 800.14 (3) of the statutes is amended to read:

SB383,47,6 800.14 (3) On meeting the requirements for appeal, execution on the judgment of the municipal court or enforcement of the order of the municipal court shall be stayed until the final disposition of the appeal.

SB383, s. 137 Section 137. 800.14 (4) of the statutes is amended to read:

SB383,47,16 800.14 (4) Upon the request of either party within 20 days after notice of appeal under sub. (1), or on its own motion, the circuit court shall order that a new trial be held in circuit court. An appeal from a judgment where a trial has been held shall be on the record unless, within 20 days after notice of appeal has been filed with the municipal court under sub. (1), either party requests that a new trial be held in circuit court. The new trial shall be conducted by the court without a jury unless either party requests a 6-person jury trial and posts the jury fee under s. 814.61 (4) within 10 days after the order for a new trial. The required fee for a jury is prescribed in s. 814.61 (4).

SB383, s. 138 Section 138. 800.14 (5) of the statutes is amended to read:

SB383,48,7 800.14 (5) If there is no request or motion under sub. (4), an or if the appeal is from a judgment or decision in which a trial has not been held, the appeal shall be based upon a review of a transcript of the proceedings in the municipal court. The municipal judge court shall direct that the transcript be prepared from the transmit to the circuit court a copy of the entire record, including any electronic recording created under s. 800.13 (1) and shall certify the transcript. The costs of the transcript shall be paid for under s. 814.65 (5). The electronic recording and the transcript shall be transferred to the circuit court for review. When testimony has been recorded in the municipal court, the municipal court shall order the preparation of a transcript of the proceedings, at the cost of the appellant, from the electronic recording and shall certify the transcript and transmit it with the record. An appellant shall, within 20 days after notice of appeal, submit payment of the estimated cost of the transcript, as determined by the municipal court, but shall be responsible for the actual cost of preparing the transcript. A defendant claiming an inability to pay with regard to the appeal fee, bond, transcript fee, or jury fee may petition the circuit court for waiver.

SB383, s. 139 Section 139. 800.14 (6) of the statutes is amended to read:

SB383,48,12 800.14 (6) The disposition of the appeal shall be certified to the municipal court by the reviewing circuit court within 30 days of the judgment of the reviewing circuit court. If the disposition requires payment of a forfeiture by the defendant, the forfeiture and all costs, fees, and surcharges shall be payable to the municipality.

SB383, s. 140 Section 140. 938.237 (2) of the statutes is amended to read:

SB383,48,21 938.237 (2) Procedures. The procedures for issuance and filing of a citation, and for forfeitures, stipulations, and deposits in ss. 23.50 to 23.67, 23.75 (3) and (4), 66.0113, 778.25, 778.26, and 800.01 to 800.04 800.035 except s. 800.04 (2) (b) 800.035 (7) (b), when the citation is issued by a law enforcement officer, shall be used as appropriate, except that this chapter shall govern taking and holding a juvenile in custody, s. 938.37 shall govern costs, fees, and surcharges imposed under ch. 814, and a capias shall be substituted for an arrest warrant. Sections 66.0113 (3) (c) and (d), 66.0114 (1), and 778.10 as they relate to collection of forfeitures do not apply.

SB383, s. 141 Section 141. Initial applicability.

SB383,48,24 (1) This act first applies to violations committed on the effective date of this subsection.

SB383,49,5 (2) The treatment of section 111.70 (4) (mc) 4. of the statutes first applies to employees who are affected by a collective bargaining agreement that contains provisions inconsistent with that treatment on the day on which the collective bargaining agreement expires or is extended, modified, or renewed, whichever occurs first.

SB383, s. 142 Section 142. Effective dates. This act takes effect on January 1, 2011, except as follows: