SB383: Bill Text

SB383,27,23 (2) If the defendant does not appear at the pretrial conference, the court may proceed under s. 800.035 (8) or (9).

SB383,28,3 (3) If the parties reach an agreement, the agreement shall be submitted to the court for the court's approval. If an agreement is not reached, or if the court does not approve an agreement, the court shall schedule the action for further proceedings.

SB383, s. 87 Section 87. 800.05 (title) of the statutes is amended to read:

SB383,28,5 800.05 (title) Substitution or disqualification of municipal judge.

SB383, s. 88 Section 88. 800.05 (1) of the statutes is amended to read:

SB383,28,12 800.05 (1) In cases specified in s. 800.02 (1), a person charged with a violation A defendant may file a written request for a substitution of a new judge for the municipal judge assigned to the trial of that case. The written request shall be filed not later than 7 days after the initial appearance in person or by an attorney. The municipal judge against whom a request has been filed may set initial bail and accept a plea of not guilty.

SB383, s. 89 Section 89. 800.05 (2) of the statutes is repealed.

SB383, s. 90 Section 90. 800.05 (3) of the statutes is amended to read:

SB383,29,3 800.05 (3) In municipal court, upon Upon receipt of the written request under sub. (1), the original judge shall have no further jurisdiction in the case except as provided in sub. (1) and except to determine if the request was made timely and in proper form. If Upon such a determination, or if no determination is made within 7 days, the court shall refer transfer the matter to the chief judge of the judicial administrative district for the determination and reassignment of the action as necessary. If the request is determined to be proper, the case shall be transferred as provided in s. 751.03 (2). Upon transfer, the municipal judge shall immediately transmit to the appropriate court all the papers records in the action and the action shall proceed as if it had been commenced in that court. Upon receipt of the records, the new judge shall specify the court's location in which the case will be heard. In all such cases, the parties shall remain the same, the prosecutor of the transferring court shall be responsible for prosecution in the new court, and the judgment, if any, shall be payable to the transferring court.

SB383, s. 91 Section 91. 800.05 (4) of the statutes is renumbered 800.05 (4) (b).

SB383, s. 92 Section 92. 800.05 (4) (a) of the statutes is created to read:

SB383,29,12 800.05 (4) (a) If a new judge is assigned to the trial of the action, and the defendant has not exercised the right to substitute an assigned judge, a written request for the substitution of the new judge may be filed within 7 days after the giving of actual notice or sending of the notice of assignment to the defendant or the defendant's attorney. If the notice occurs within 48 hours of the trial, or if there has been no notification, the defendant may make an oral or written request for substitution prior to the commencement of the proceedings.

SB383, s. 93 Section 93. 800.05 (5) of the statutes is created to read:

SB383,29,15 800.05 (5) If the municipal judge disqualifies himself or herself under s. 757.19 or SCR 60.04, the case shall be transferred under sub. (3).

SB383, s. 94 Section 94. 800.06 (1) of the statutes is repealed and recreated to read:

SB383,29,21 800.06 (1) If any municipal judge is to be temporarily absent or is sick or disabled, the municipal judge may, by written request, subject to the order of the chief judge of the judicial administrative district, designate another municipal judge from any municipality within the state to perform his or her duties for a period not to exceed 30 days.

SB383, s. 95 Section 95. 800.06 (2) of the statutes is amended to read:

SB383,30,3 800.06 (2) If any municipal judge is incompetent, unable or fails to act, s. 751.03 (2) applies. The parties and their attorneys shall be notified of the transfer to another judge or to circuit court prior to trial. The judge designated or the circuit court to which the case is transferred may, while in possession of the court record, issue execution upon or give a certified transcript of any unsatisfied judgment appearing in the record.

SB383, s. 96 Section 96. 800.06 (3) of the statutes is amended to read:

SB383,30,16 800.06 (3) Notwithstanding s. 751.03 (2), if there is a permanent vacancy in the office of municipal judge, the chief judge of the judicial administrative district may, upon request by the municipal governing body, designate another municipal judge to perform the duties of the office until the municipal governing body fills the vacancy by temporary appointment under s. 8.50 (4) (fm). The chief judge of the 1st judicial administrative district may designate a municipal judge under this subsection from any municipality within the state. The chief judge of a judicial administrative district other than the 1st judicial administrative district may designate a municipal judge under this subsection from any municipality within the same judicial administrative district as the chief judge. The municipal judge designated under this subsection may exercise all of the authority of the municipal court to which he or she is assigned.

SB383, s. 97 Section 97. 800.065 (title) of the statutes is amended to read:

SB383,30,18 800.065 (title) Temporary reserve Reserve municipal judges; service .

SB383, s. 98 Section 98. 800.065 (1) of the statutes is amended to read:

SB383,30,24 800.065 (1) Definitions. In this section, "temporary reserve municipal judge" means a former municipal judge for a municipal court for any municipality within the judicial administrative district who has complied with s. 755.03 and is appointed by the chief judge of that the former municipal judge's judicial administrative district to perform such specified duties on a day-by-day basis as the chief judge may direct.

SB383, s. 99 Section 99. 800.065 (3) of the statutes is amended to read:

SB383,31,5 800.065 (3) Compensation. Notwithstanding s. 755.04, temporary reserve municipal judges under this section shall receive compensation in an amount agreed to by contract between the municipality and the temporary reserve municipal judge. The judge may not serve until the contract is entered into and the judge has complied with s. 755.03.

SB383, s. 100 Section 100. 800.065 (4) of the statutes is amended to read:

SB383,31,8 800.065 (4) Training. All persons serving as temporary reserve municipal judges under this section are subject to s. 755.18.

SB383, s. 101 Section 101. 800.07 of the statutes is amended to read:

SB383,31,18 800.07 Neither party is entitled to pretrial discovery in any action in municipal court, including refusal hearings held by a municipal court under s. 343.305 (9), except that if the defendant moves within 30 days after the initial appearance in person or by an attorney and shows cause therefor for pretrial discovery in person or by an attorney at least 20 days before trial, unless the court orders a different amount of time for good cause, the court may order that the defendant be allowed to inspect documents, including lists of names and addresses of witnesses, if available, and to test under s. 804.09, under such conditions as the court prescribes, any devices used by the plaintiff to determine whether a violation has been committed.

SB383, s. 102 Section 102. 800.08 (1) of the statutes is amended to read:

SB383,32,3 800.08 (1) In a At trial before a municipal court, the municipality may the plaintiff shall provide a prosecutor who is an attorney authorized or licensed to practice law in this state. The municipality plaintiff shall first offer evidence in support of the citation or complaint. The defendant may offer evidence after the municipality plaintiff has rested. If the municipality plaintiff and the defendant have offered evidence upon the citation or complaint, the parties may then respectively offer rebuttal testimony only, unless the court permits them to offer evidence upon their original case. Both parties shall have the opportunity to question all witnesses.

SB383, s. 103 Section 103. 800.08 (2) (a) of the statutes is amended to read:

SB383,32,8 800.08 (2) (a) Before testifying in a municipal court, every witness shall be required to declare that he or she will testify truthfully, by oath or affirmation administered in a form calculated to awaken his or her conscience and impress the witness with the duty to testify truthfully.

SB383, s. 104 Section 104. 800.08 (2) (b) of the statutes is amended to read:

SB383,32,13 800.08 (2) (b) The oath may be administered by the municipal judge or his or her designee substantially in the following form: Do you solemnly swear that the testimony you shall give in this matter shall be the truth, the whole truth and nothing but the truth, so help you God.

SB383, s. 105 Section 105. 800.08 (3) of the statutes is amended to read:

SB383,32,18 800.08 (3) The standard of proof for conviction of any person charged with violation of any municipal ordinance, bylaw or resolution specified in s. 800.02 (1) shall be evidence that is clear, is satisfactory, and convincing convinces the judge to a reasonable certainty.

SB383, s. 106 Section 106. 800.08 (4) of the statutes is amended to read:

SB383,32,21 800.08 (4) Except as provided in s. 938.17 (2) (h) 3., municipal courts the court shall be bound by the rules of evidence specified in chs. 901 to 911.

SB383, s. 107 Section 107. 800.085 of the statutes is created to read:

SB383,32,25 800.085 Telephone and audiovisual proceedings. At any proceeding under this chapter, a party, witness, or interpreter may appear by telephone or by audiovisual means if any of the following apply:

SB383,33,1 (1) The parties so stipulate and the court approves.

SB383,33,3 (2) The court finds good cause after considering the factors under s. 807.13 (2) (c).

SB383, s. 108 Section 108. 800.09 (title) of the statutes is amended to read:

SB383,33,5 800.09 (title) Judgment; failure to appear; plea of guilty.

SB383, s. 109 Section 109. 800.09 (1) (intro.) of the statutes is renumbered 800.09 (1b) (intro.) and amended to read:

SB383,33,10 800.09 (1b) Judgment. (intro.) If a municipal the court finds a defendant guilty, it the court may render judgment by ordering restitution under s. 800.093 and payment of a any of the following:

SB383,33,11 (a) A forfeiture, plus costs, fees, and surcharges imposed under ch. 814.

SB383,33,15 (1d) The court shall apply any payment received on a judgment that includes restitution to first satisfy any payment of restitution ordered, then to pay the forfeiture, costs, fees, and surcharges. If the judgment is not paid, the court may proceed under par. (a), (b), or (c) or any combination of those paragraphs, as follows:

SB383, s. 110 Section 110. 800.09 (1) (a) of the statutes, as affected by 2009 Wisconsin Act 17, is renumbered 800.09 (1g) and amended to read:

SB383,34,9 800.09 (1g) The court may defer payment of any judgment or provide for installment payments. At the time that the judgment is rendered, the court shall inform the defendant, orally and in writing, of the date by which restitution and the payment of the forfeiture, plus costs, fees, and surcharges imposed under ch. 814, must be made, and of the possible consequences of failure to do so in timely fashion, including imprisonment, as provided in s. 800.095, or suspension of the defendant's motor vehicle operating privilege, as provided in par. sub. (1b) (c), if applicable. In addition, the court shall inform the defendant, orally and in writing, that the defendant should notify the court if he or she is unable to pay the judgment because of poverty, as that term is used in s. 814.29 (1) (d). If the defendant is not present, the court shall ensure that the information is sent to the defendant by mail. If the defendant is present and the court, using the criteria in s. 814.29 (1) (d), determines that the defendant is unable to pay the judgment because of poverty, the court shall provide the defendant with an opportunity to pay the judgment in installments, taking into account the defendant's income. In 1st class cities, all of the written information required by this paragraph subsection shall be printed in English and Spanish and provided to each defendant.

SB383, s. 111 Section 111. 800.09 (1) (b) of the statutes is renumbered 800.09 (1j) and amended to read:

SB383,35,2 800.09 (1j) If the court orders the defendant agrees to perform community service work in lieu of making restitution or of paying the forfeiture, assessments surcharges, fees and costs, or both, the court may order that the defendant perform community service work for a public agency or a nonprofit charitable organization that is designated approved by the court and agreed to by the public agency or nonprofit charitable organization. Community service work may be in lieu of restitution only if also agreed to by the public agency or nonprofit charitable organization and by the person to whom restitution is owed. The court may utilize any available resources, including any community service work program, in ordering the defendant to perform community service work. The number of hours of community service work required may not exceed the number determined by dividing the amount owed on the forfeiture by the minimum wage established under ch. 104 for adults in nonagriculture, nontipped employment. The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored.

SB383, s. 112 Section 112. 800.09 (1) (c) of the statutes is repealed.

SB383, s. 113 Section 113. 800.09 (1b) (b), (c), (d) and (e) of the statutes are created to read:

SB383,35,5 800.09 (1b) (b) Community service work.

SB383,35,6 (c) An operating privilege suspension or revocation if authorized by law.

SB383,35,7 (d) Other dispositions authorized by law.

SB383,35,8 (e) For juveniles, dispositions authorized under s. 938.17 (2).

SB383, s. 114 Section 114. 800.09 (2) of the statutes is repealed.

SB383, s. 115 Section 115. 800.093 (1) (intro.) of the statutes is amended to read:

SB383,35,14 800.093 (1) (intro.) The municipal court, in addition to ordering any payment authorized by law, may order a defendant to make full or partial restitution under this section to any victim or, if the victim is deceased, to his or her estate if the court finds all of the following:

SB383, s. 116 Section 116. 800.093 (1) (a) of the statutes is amended to read:

SB383,35,19 800.093 (1) (a) The defendant is guilty of violating an a nontraffic ordinance that prohibits conduct that is the same as or similar to conduct prohibited by state statute punishable by fine or imprisonment or both or an ordinance authorizing restitution under s. 346.65 (2r).

SB383, s. 117 Section 117. 800.093 (2) of the statutes is amended to read:

SB383,36,2 800.093 (2) Restitution ordered under this section is enforceable in a civil action by the victim named in the order to receive restitution. A court may not order a defendant to pay more than $4,000 the amount specified in s. 799.01 (1) (d) in restitution under this section. This $4,000 limit does not apply to restitution ordered for violation of an ordinance that prohibits conduct that is the same as or similar to the conduct prohibited by s. 943.24 or 943.50.

SB383, s. 118 Section 118. 800.093 (3) (b) (intro.) of the statutes is amended to read:

SB383,36,7 800.093 (3) (b) (intro.) If return of the property under par. (a) is impossible, impractical or inadequate, pay the owner or owner's designee, subject to the $4,000 limit in sub. (2), the reasonable repair or replacement cost or the greater of the following:

SB383, s. 119 Section 119. 800.093 (4) (intro.) of the statutes is amended to read:

SB383,36,11 800.093 (4) (intro.) If the violation resulted in physical injury, the restitution order may require that the defendant do one or more of the following, subject to the $4,000 limit in sub. (2):

SB383, s. 120 Section 120. 800.093 (5) (intro.) of the statutes is amended to read:

SB383,36,14 800.093 (5) (intro.) The restitution order may require that the defendant do one or more of the following, subject to the $4,000 limit in sub. (2):

SB383, s. 121 Section 121. 800.095 of the statutes, as affected by 2009 Wisconsin Act 17, is repealed and recreated to read:

SB383,36,19 800.095 Nonpayment of monetary judgment. (1) If the defendant fails to pay a monetary judgment ordered by the court, the court may order any one of the following, or any combination of the following, except as provided in sub. (3):

SB383,36,22 (a) Suspension of the defendant's operating privilege until the defendant pays the judgment, but not to exceed 2 years. If the court orders suspension under this paragraph, all of the following apply:

SB383,37,2 1. The court shall notify the department of transportation of the suspension for failure to pay the judgment. If the defendant pays the judgment, the court shall notify the department of transportation of the payment within 7 days in the form and manner prescribed by the department.

SB383,37,6 2. The court may order the suspension concurrent or consecutive to any other suspensions or revocations. If the court fails to specify whether the suspension is consecutive or concurrent, the department of transportation shall implement the suspension concurrent with any other suspensions or revocations.

SB383,37,9 3. If the judgment remains unpaid at the end of the 2-year suspension, the court may not order a further suspension of operating privileges in relation to the outstanding judgment.

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.