SB383: Bill Text

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.

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.