SB214: Bill Text

SB214,8,21 800.035 (5) (c) If a defendant charged with a violation of an ordinance that is in conformity with s. 346.63 (1) or (5) pleads not guilty and within 10 days after entry of the plea requests a jury trial and pays the required fees, the municipal judge court shall promptly transmit all papers and fees in the cause, including any other citations or complaints arising from the same incident, to the clerk of the circuit court of the county where the violation occurred for a jury trial under s. 345.43. The plea of not guilty and request for jury trial may be made in writing. If the person refused to take a test under s. 343.305 (3) and requested a hearing under s. 343.305 (9) to determine if the person's refusal was proper, the papers and fees involved in that action shall be transferred to the same circuit court, which shall conduct the refusal hearing. Upon receipt of the request, the circuit court shall set a time for trial. Any deposit made personally or in writing is forfeited upon nonappearance at the time set for trial. The required fee for a jury is prescribed in s. 814.61 (4).

SB214,18 Section 18. 800.05 (3) of the statutes is amended to read:

SB214,9,11 800.05 (3) 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. Upon such a determination, or if no determination is made within 7 days, the court shall 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 judge all the records in the action. Upon receipt of the records, the new judge shall specify the court's location in which the case will be heard and shall consider any objection to the proposed location in making the determination. In all such cases, the parties shall remain the same, the prosecutor of the transferring court shall be responsible for prosecution in before the new court judge, and the judgment, if any, shall be payable to the transferring court.

SB214,19 Section 19. 800.06 (1) of the statutes is amended to read:

SB214,9,17 800.06 (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.

SB214,20 Section 20. 800.085 (2) of the statutes is renumbered 800.085 (2) (intro.) and amended to read:

SB214,9,21 800.085 (2) (intro.) The court finds good cause after considering the following factors under s. 807.13 (2) (c).:

SB214,21 Section 21. 800.085 (2) (a) to (i) of the statutes are created to read:

SB214,9,23 800.085 (2) (a) Whether any undue surprise or prejudice would result.

SB214,9,25 (b) Whether the proponent has been unable, after due diligence, to procure the physical presence of the witness.

SB214,10,2 (c) The convenience of the parties and the proposed witness, and the cost of producing the witness in relation to the importance of the offered testimony.

SB214,10,5 (d) Whether the procedure would allow full effective cross-examination, especially where availability to counsel of documents and exhibits available to the witness would affect such cross-examination.

SB214,10,9 (e) The importance of presenting the testimony of witnesses in open court, where the finder of fact may observe the demeanor of the witness, and where the solemnity of the surroundings will impress upon the witness the duty to testify truthfully.

SB214,10,11 (f) Whether the quality of the communication is sufficient to understand the offered testimony.

SB214,10,12 (g) Whether a physical liberty interest is at stake in the proceeding.

SB214,10,14 (h) Financial or physical limitations on the ability of the defendant or counsel for the defendant to be physically present.

SB214,10,16 (i) Any other factors as the court may, in each individual case, determine to be relevant.

SB214,22 Section 22. 800.09 (4) of the statutes is created to read:

SB214,10,23 800.09 (4) Notwithstanding ss. 755.045 or 800.115 (2), no municipal judgment alleged by the defendant to be void due to the existence of a conviction, suspension, or revocation arising from another matter that existed at the time of the municipal judgment shall be considered void by any court unless the defendant disclosed the conviction, suspension, or revocation with specificity and in writing to the municipal court and to the prosecuting attorney prior to the entry of municipal judgment.

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)