LRB-4019/1

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2015 - 2016 LEGISLATURE

2015 Assembly BILL 1010

March 29, 2016 - Introduced by Representatives Goyke, Barnes, Zamarripa, Spreitzer, Johnson and Zepnick. Referred to Committee on Judiciary.

AB1010,1,7 An Act to repeal 23.795 (1) (a), 23.795 (1) (b), 302.373, 345.47 (1) (a), 345.47 (1m), 345.47 (3), 345.49, 800.095 (1) (b) and 800.095 (2); to renumber and amend 23.795 (1) (intro.); and to amend 23.795 (2), 23.795 (3), 23.795 (4), 59.54 (19), 62.23 (7) (f) 1., 66.0109, 114.105, 303.08 (1) (intro.), 345.28 (6), 345.47 (1) (b), 345.47 (1) (d), 800.09 (1g), 800.095 (3) and 898.16 of the statutes; relating to: imprisonment for nonpayment of forfeitures, costs, fees, or surcharges.

Analysis by the Legislative Reference Bureau

This bill eliminates the ability of a court to order a period of imprisonment for an individual who fails to pay the forfeiture, costs, fees, or surcharges associated with a traffic violation or with the violation of a county or municipal ordinance or regulation.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB1010,1 Section 1. 23.795 (1) (intro.) of the statutes is renumbered 23.795 (1) and amended to read:

AB1010,2,16 23.795 (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: