SB214: Bill Text

SB214,23 Section 23. 800.093 (1) (b) of the statutes is amended to read:

SB214,11,2 800.093 (1) (b) The violation resulted in damage to or theft of the property of or physical injury to or death of a person other than the defendant.

SB214,24 Section 24. 800.095 (3) of the statutes is renumbered 800.095 (3) (intro.) and amended to read:

SB214,11,6 800.095 (3) (intro.) Subsection (1) (a) and (b) does not apply to orders any of the following:

SB214,11,7 (a) Orders for restitution under s. 800.093 or in cases.

SB214,11,11 (b) Cases where service of the summons and complaint or citation is made by mail as authorized in s. 800.01 (2) (e), unless the defendant subsequently appeared in the action or was personally served with a copy of the judgment and notice of the right to request review of the findings under sub. (1) (b) 2.

SB214,25 Section 25. 800.095 (3) (c) of the statutes is created to read:

SB214,11,15 800.095 (3) (c) Failure to pay a monetary judgment within 60 days of the judgment under s. 800.09 (1b), unless the court finds good cause and orders otherwise.

SB214,26 Section 26. 800.095 (6) of the statutes is amended to read:

SB214,11,18 800.095 (6) The court or collection company may obtain payment through a setoff against the defendant's tax refund under s. 71.935.

SB214,27 Section 27. 800.095 (7) of the statutes is amended to read:

SB214,11,23 800.095 (7) In addition to the procedures under this section, the court or a municipality may enforce the judgment in the same manner as for a judgment in an ordinary civil action, including entry into the judgment and lien docket as provided under s. 806.12.

SB214,28 Section 28. 800.115 (4) of the statutes is amended to read:

SB214,12,4 800.115 (4) The court may impose costs on the motion as allowed under s. 814.07, except that any costs shall be based on the expense associated with the motion and the court shall consider the defendant's ability to pay the costs. No costs may be imposed as a requirement of filing the motion.

SB214,29 Section 29. 800.115 (5) of the statutes is amended to read:

SB214,12,11 800.115 (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. Upon receiving a motion under this section, the court may enter an order denying the motion for failure to state grounds upon which relief may be granted, schedule a hearing on the motion, or enter an order based on written submissions from the parties.

SB214,30 Section 30. 800.13 (1) of the statutes is amended to read:

SB214,12,17 800.13 (1) Every proceeding in which testimony is taken under oath or affirmation, hearing on a motion under s. 800.115, and hearing regarding whether the defendant is unable to pay the judgment because of poverty, as that term is used in s. 814.29 (1) (d), in a municipal court shall be recorded by electronic means for purposes of appeal.

SB214,31 Section 31. 800.14 (1) of the statutes is amended to read:

SB214,12,25 800.14 (1) Appeals from judgments, decisions on motions brought under s. 800.115, or determinations regarding whether the defendant is unable to pay the judgment because of poverty, as that term is used in s. 814.29 (1) (d), 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 court and other party written notice of appeal and paying any required fees within 20 days after the judgment or decision. No appeals may be taken from default judgments.

SB214,32 Section 32. 800.14 (2) of the statutes is repealed.

SB214,33 Section 33. 800.14 (2m) of the statutes is created to read:

SB214,13,7 800.14 (2m) Upon receipt by the municipal court of the notice of appeal and any required fees and, if a trial has been held, after the 20 day time period under sub. (4) has passed, the appeal has been perfected. Within 30 days after perfection, the municipal court shall transmit the case to the circuit court as provided under sub. (5), and shall comply with the requirements of s. 343.325, if applicable.

SB214,34 Section 34. 800.14 (3) of the statutes is amended to read:

SB214,13,13 800.14 (3) On meeting the requirements for appeal Upon perfection of the appeal under sub. (2m), 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, unless otherwise ordered by the municipal court prior to transmittal to the circuit court or unless ordered by the circuit court thereafter.

SB214,35 Section 35. 800.14 (4) of the statutes is renumbered 800.14 (4) (intro.) and amended to read:

SB214,13,20 800.14 (4) (intro.) 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 one of the following applies:

SB214,13,24 (a) If the defendant is charged with a violation of an ordinance that is in conformity with s. 346.63 (1) or (5) and did not proceed under s. 800.035 (5) (c), the municipality 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.

SB214,36 Section 36. 800.14 (4) (b) of the statutes is created to read:

SB214,14,3 800.14 (4) (b) If par. (a) does not apply, 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.

SB214,37 Section 37. 800.14 (5) of the statutes is amended to read:

SB214,14,22 800.14 (5) If there is no request or motion under sub. (4), 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 the proceedings in the municipal court. The, and the municipal court shall transmit to the circuit court a copy of the entire record, including any electronic recording created under s. 800.13 (1). When testimony has been recorded in the municipal court If there is a request under sub. (4), the municipal court shall transmit to the circuit court as much of the record as deemed appropriate by the municipal court, but the transmission shall include, at the minimum, a copy of the citation or complaint and the judgment. The municipal court may supplement the transmission upon request of either party or the circuit court. The circuit court may order the preparation of a transcript of the proceedings by any qualified court reporter, 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. The transcript shall be deemed accurate unless determined otherwise by the municipal court, by request of either party or the circuit court.

SB214,15,2 (5m) A defendant claiming an inability to pay with regard to the bond or the transcript fee may petition the municipal court for a waiver. A defendant claiming an inability to pay with regard to, the appeal fee, or the jury fee may petition the circuit court for a waiver.

SB214,38 Section 38 . 806.10 (1) (intro.) of the statutes is amended to read:

SB214,15,8 806.10 (1) (intro.) At the time of entry of a judgment directing in whole or in part the payment of money, or a judgment naming a spouse under s. 806.15 (4), and upon payment of the exact amount of the fee prescribed in s. 814.61 (5) (b) (am) 2., the clerk of circuit court shall enter the judgment in the judgment and lien docket, arranged alphabetically, including all of the following:

SB214,39 Section 39 . 806.14 of the statutes is amended to read:

SB214,15,16 806.14 Enforcement of real estate judgment in other counties. If a judgment affecting real property is rendered in any county other than that in which the property is situated, the clerk of circuit court of the county where the property is situated shall, upon production of a duly certified copy of the judgment and payment of the fee specified by s. 814.61 (5) (b) (am) 2., file and enter the judgment in the judgment and lien docket. The judgment may be enforced in the circuit court for either county.

SB214,40 Section 40. 814.61 (5) of the statutes is renumbered 814.61 (5) (am).

SB214,41 Section 41. 814.61 (5) (bm) of the statutes is created to read:

SB214,15,20 814.61 (5) (bm) Paragraph (am) does not apply to a judgment rendered in municipal court.

SB214,42 Section 42. 814.63 (2) of the statutes is amended to read:

SB214,16,4 814.63 (2) Upon the disposition of a forfeiture action in circuit court for violation of a county, town, city, village, town sanitary district, or public inland lake protection and rehabilitation district ordinance, except for an action for a financial responsibility violation under s. 344.62 (2) or , for a violation under s. 343.51 (1m) (b) or, for a safety belt use violation under s. 347.48 (2m), or for a case transferred under s. 800.035 (5) (c), the county, town, city, village, town sanitary district, or public inland lake protection and rehabilitation district shall pay a nonrefundable fee of $5 to the clerk of circuit court.

SB214,43 Section 43. 814.63 (4) of the statutes is amended to read:

SB214,16,12 814.63 (4) In forfeiture actions in which a county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district prevails, costs and disbursements shall be allowed to the county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district subject only to sub. (2) and such other limitation as the court may direct. For a case transferred under s. 800.035 (5) (c), the court shall disburse all forfeitures it collects to the municipality.

SB214,44 Section 44. 885.04 of the statutes is amended to read:

SB214,16,19 885.04 Municipal judge; subpoena served in state. A subpoena to require attendance before a municipal judge may be served anywhere in the state if authorized by the municipal judge, and shall require the attendance of any witness so served. A subpoena to require the attendance of the defendant, whether the defendant is within or without the state, may be served by mail on the defendant's attorney, and shall require the attendance of the defendant.

SB214,16,20 (End)