2019 - 2020 LEGISLATURE
January 29, 2019 - Introduced by Senators Darling, Bernier, Carpenter, Jacque,
Kooyenga, Larson, Marklein and Nass, cosponsored by Representatives Ott,
Anderson, Horlacher, Quinn, Sortwell, Spiros and Wichgers. Referred to
Committee on Judiciary and Public Safety.
SB7,1,5
1An Act to renumber and amend 66.0114 (1) (b);
to amend 800.035 (5) (a); and
2to create 66.0114 (1) (b) 2., 66.0114 (1) (b) 3., 345.26 (1) (b) 3., 800.035 (5) (am)
3and 967.055 (2m) of the statutes;
relating to: requiring persons accused of
4violating traffic laws and ordinances related to driving while intoxicated to
5appear in person in court.
Analysis by the Legislative Reference Bureau
This bill requires a person who receives a citation for a civil traffic violation
related to operating while intoxicated to appear in court to respond to the charge.
Under current law, generally, a first violation of operating a vehicle while under
the influence of an intoxicant, with a detectable amount of a restricted controlled
substance in one's blood, or with a prohibited alcohol concentration (OWI-related
violation), is a traffic violation punishable by a civil forfeiture. Current law allows
local units of government to enact ordinances in conformity with the state traffic law
that punishes most first OWI-related offenses as a civil violation.
Under current law, a person who receives a citation for an OWI-related civil
traffic violation or who receives a citation for an ordinance in conformity with the
OWI-related traffic violation may opt to appear in court to plead not guilty to the
violation or may opt to pay the forfeiture associated with the violation and avoid an
appearance in court. Generally, a person who pays the forfeiture associated with the
violation is considered to have pled guilty or no contest to the charge.
Under this bill, a person who receives a citation for an OWI-related civil traffic
violation or who receives a citation for an ordinance in conformity therewith is
required to appear in court to plead guilty, no contest, or not guilty to the charge. If
the person fails to appear in court, the court is required to enter a default judgment
against the person and impose the applicable penalties and a $300 surcharge for the
person's failure to appear.
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:
SB7,1
1Section
1. 66.0114 (1) (b) of the statutes is renumbered 66.0114 (1) (b) 1. and
2amended to read:
SB7,2,133
66.0114
(1) (b) 1. Local ordinances, except as provided in
this paragraph or ss.
4345.20 to 345.53, may contain a provision for stipulation of guilt or no contest of any
5or all violations under those ordinances, may designate the manner in which the
6stipulation is to be made, and may fix the penalty to be paid.
When Except as
7provided in subd. 2., when a person charged with a violation for which stipulation
8of guilt or no contest is authorized makes a timely stipulation and pays the required
9penalty, plus costs, fees, and surcharges imposed under ch. 814, to the designated
10official, the person need not appear in court and no witness fees or other additional
11costs, fees, or surcharges may be imposed under ch. 814 unless the local ordinance
12so provides.
A court appearance is required for a violation of a local ordinance in
13conformity with s. 346.63 (1).
SB7,2
14Section
2. 66.0114 (1) (b) 2. of the statutes is created to read:
SB7,2,1815
66.0114
(1) (b) 2. A person who is charged with a violation of a local ordinance
16in conformity with s. 346.63 (1) or (5) shall appear, in person, in court to plead guilty,
17no contest, or not guilty. A person who fails to appear, in person, in court is subject
18to a $300 surcharge pursuant to subd. 3.
SB7,3
19Section
3. 66.0114 (1) (b) 3. of the statutes is created to read:
SB7,3,2
166.0114
(1) (b) 3. If a person who is required under subd. 2. to appear, in person,
2in court to enter a plea fails to appear in court, the court shall do all of the following:
SB7,3,43
a. Enter a default judgment against the person and impose the applicable
4penalties.
SB7,3,55
b. Impose a $300 surcharge on the person for his or her failure to appear.
SB7,4
6Section
4. 345.26 (1) (b) 3. of the statutes is created to read:
SB7,3,107
345.26
(1) (b) 3. Subdivision 1. does not apply to a person who is charged with
8a violation of s. 346.63 (1) or (5) or a local ordinance in conformity therewith and who
9is required to appear in person pursuant to s. 66.0114 (1) (b) 2., 800.035 (5) (a), or
10967.055 (2m).
SB7,5
11Section
5. 800.035 (5) (a) of the statutes is amended to read:
SB7,3,1612
800.035
(5) (a) If a defendant is charged with a violation of an ordinance in
13conformity with s. 346.63 (1) or (5), the municipality
may shall, by ordinance, require
14the defendant to appear in person before the court.
The ordinance shall specify that
15a person who fails to appear in person before the court is subject to a $300 surcharge
16pursuant to par. (am).
SB7,6
17Section
6. 800.035 (5) (am) of the statutes is created to read:
SB7,3,2018
800.035
(5) (am) If a person who is required under par. (a) to appear in person
19before the court to enter a plea fails to appear in court, the court shall do all of the
20following:
SB7,3,2221
1. Enter a default judgment against the person and impose the applicable
22penalties.
SB7,3,2323
2. Impose a $300 surcharge on the person for his or her failure to appear.
SB7,7
24Section
7. 967.055 (2m) of the statutes is created to read:
SB7,4,6
1967.055
(2m) Personal appearance in court. (a) A person who is charged with
2a civil violation of s. 346.63 (1) or (5) or a local ordinance in conformity therewith shall
3appear in person in court to enter a plea of guilty, no contest, or not guilty to the
4charge. A person who fails to appear in person in court is subject to a $300 surcharge
5pursuant to par. (b). In this subsection, “court" may mean a circuit court or a
6municipal court.
SB7,4,87
(b) If a person who is required under par. (a) to appear in person in court to enter
8a plea fails to appear in court, the court shall do all of the following:
SB7,4,109
1. Enter a default judgment against the person and impose the applicable
10penalties.
SB7,4,1111
2. Impose a $300 surcharge on the person for his or her failure to appear.
SB7,8
12Section
8.
Initial applicability.
SB7,4,1413
(1) This act first applies to violations that occur on the effective date of this
14subsection.