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SB658,18 25Section 18. 799.207 (1) (b) of the statutes is amended to read:
SB658,9,6
1799.207 (1) (b) Except as provided in par. (e), and s. 799.20 (4) (a), the circuit
2court commissioner shall render
a decision shall be rendered by the circuit court
3commissioner
on the return date if there is time available for a hearing, the parties
4do not intend to call witnesses, and the parties agree to such a hearing. If, for any
5of the reasons stated in this paragraph, the matter cannot be heard on the return
6date, an adjourned date shall be set.
SB658,19 7Section 19. 799.21 (2) of the statutes is amended to read:
SB658,9,98 799.21 (2) Trial by court. If trial is to the court, the case may, with the consent
9of all the parties and subject to s. 799.20 (4) (a), be tried on the return day.
SB658,20 10Section 20. 799.22 (2) of the statutes is amended to read:
SB658,9,1511 799.22 (2) When defendant fails to appear or request appointment of
12counsel
. If the defendant fails to appear on the return date or on the date set for trial
13and the defendant has not requested the appointment of counsel under s. 799.20 (3),
14the court may enter a judgment upon due proof of facts which that show the plaintiff
15entitled thereto.
SB658,21 16Section 21. 799.22 (4) (b) 4. of the statutes is created to read:
SB658,9,2217 799.22 (4) (b) 4. In a residential eviction action, if a defendant who is a tenant
18attempts to join issue without appearing on the return date, regardless of whether
19the tenant's answer is proper under the rule, and if it appears that the tenant is not
20represented by counsel, the proceedings shall be automatically stayed until the court
21or circuit court commissioner makes the inquiry of the tenant described under s.
22799.20 (4) (a).
SB658,22 23Section 22. 799.40 (4) (c) of the statutes is created to read:
SB658,9,2524 799.40 (4) (c) The court shall stay the proceedings in a civil action of eviction
25against a residential tenant who is not represented by counsel if the tenant requests

1the appointment of counsel under s. 799.20 (3) or the tenant, in an inquiry under s.
2799.20 (4) (a), does not waive the tenant's right to counsel. If the court grants a stay
3under this paragraph, the stay remains in effect until counsel is appointed for the
4tenant under s. 799.425 (2) or (3), the tenant retains counsel of the tenant's own
5choosing, or the tenant waives the tenant's right to counsel as provided under s.
6799.425 (1) (b), whichever occurs first. Notwithstanding s. 704.17 (4), the tenant is
7entitled to continued possession or occupancy of the residential premises while the
8stay remains in effect. When the court lifts the stay, the court shall set a new return
9date.
SB658,23 10Section 23. 799.41 (1) of the statutes is amended to read:
SB658,10,2211 799.41 (1) The complaint in an eviction action shall be in writing and
12subscribed by the plaintiff or attorney in accordance with s. 802.05. The complaint
13shall identify the parties and the real property which that is the subject of the action,
14specify whether the real property is residential,
and state the facts which that
15authorize the removal of the defendant. The description of real property is sufficient,
16whether or not it is specific, if it reasonably identifies what is described. A
17description by street name and number is sufficient. If the complaint relates only
18to a portion of described real estate property, that portion shall be identified. If a
19claim in addition to the claim for restitution is joined under s. 799.40 (2), the claim
20shall be separately stated. The prayer shall be for the removal of the defendant or
21the property or both and, if an additional claim is joined, for the other relief sought
22by the plaintiff.
SB658,24 23Section 24. 799.425 of the statutes is created to read:
SB658,11,3 24799.425 Right to counsel in residential eviction actions. (1) Right to
25legal representation.
(a) Except as provided in pars. (b) and (c), in an action of

1eviction against a tenant whose residential tenancy has been terminated for any
2reason, the tenant shall be afforded legal representation at all stages of the
3proceedings.
SB658,11,64 (b) A residential tenant may waive the tenant's right to counsel under par. (a)
5if the court is satisfied that the waiver is knowingly and voluntarily made and the
6court accepts the waiver.
SB658,11,87 (c) A residential tenant is presumed to have waived the tenant's right to counsel
8under par. (a) if the tenant does any of the following:
SB658,11,109 1. Fails to request the appointment of counsel under s. 799.20 (3) and fails to
10appear on the return date or on the date set for trial as provided under s. 799.22 (2).
SB658,11,1211 2. Retains counsel of the tenant's own choosing who enters a notice of
12appearance on behalf of the tenant.
SB658,11,1813 (d) In a proceeding under s. 799.14 (1) to set aside a judgment entered or for
14an opportunity to be heard upon the merits, a residential tenant who waived the
15tenant's right to counsel under par. (b) or who is presumed to have waived the
16tenant's right to counsel under par. (c) is entitled to legal representation under par.
17(a). If it appears that the tenant is not represented by counsel in the proceeding, the
18court shall make the inquiry of the tenant described under s. 799.20 (4) (a).
SB658,11,21 19(2) Power of court to appoint counsel. At any time, upon request or on the
20court's own motion, the court may appoint counsel for a residential tenant entitled
21to legal representation under sub. (1) (a).
SB658,12,2 22(3) Providing counsel. If a residential tenant is entitled to legal
23representation under sub. (1) (a) and the tenant does not waive, and is not presumed
24to have waived, the tenant's right to counsel under sub. (1) (b) or (c), the court shall

1refer the tenant to the state public defender, and the state public defender shall
2appoint counsel under s. 977.08 without a determination of indigency.
SB658,12,5 3(4) Discharge of counsel. If a residential tenant waives, or is presumed to
4have waived, the tenant's right to counsel under sub. (1) (b) or (c), the court may
5discharge counsel.
SB658,12,7 6(5) Retained counsel. Notwithstanding subs. (1) to (3), a residential tenant
7is entitled to retain counsel of the tenant's own choosing at the tenant's own expense.
SB658,25 8Section 25. 977.02 (2m) of the statutes is amended to read:
SB658,12,129 977.02 (2m) Promulgate rules regarding eligibility for legal services under this
10chapter, including legal services for persons who are entitled to be represented by
11counsel without a determination of indigency, as provided in s. 48.23 (4), 51.60,
1255.105, 799.425, 938.23 (4), or 980.03 (2) (a).
SB658,26 13Section 26. 977.05 (4) (gm) of the statutes is amended to read:
SB658,12,2014 977.05 (4) (gm) In accordance with the standards under pars. (h) and (i), accept
15referrals from judges and courts for the provision of legal services without a
16determination of indigency of children who are entitled to be represented by counsel
17under s. 48.23 or 938.23 or persons who are entitled to be represented by counsel
18under s. 51.60, 55.105, 799.425, or 980.03 (2) (a), appoint counsel in accordance with
19contracts and policies of the board, and inform the referring judge or court of the
20name and address of the specific attorney who has been assigned to the case.
SB658,27 21Section 27. 977.05 (4) (i) 10. of the statutes is created to read:
SB658,12,2322 977.05 (4) (i) 10. Cases involving persons who are entitled to counsel under s.
23799.425.
SB658,28 24Section 28. 977.08 (1) of the statutes is amended to read:
SB658,13,6
1977.08 (1) If the representative or the authority for indigency determinations
2specified under s. 977.07 (1) refers a case to or within the office of the state public
3defender or if a case is referred under s. 48.23 (4), 51.60, 55.105, 799.425, 938.23 (4),
4or 980.03 (2) (a), the state public defender shall assign counsel according to subs. (3)
5and (4). If a defendant makes a request for change of attorney assignment, the
6change of attorney must be approved by the circuit court.
SB658,29 7Section 29. 977.08 (2) (intro.) of the statutes is amended to read:
SB658,13,118 977.08 (2) (intro.) All attorneys in a county shall be notified in writing by the
9state public defender that a set of lists is being prepared of attorneys willing to
10represent persons referred under s. 48.23 (4), 51.60, 55.105, 799.425, 938.23 (4), or
11980.03 (2) (a) and indigent clients in the following:
SB658,30 12Section 30. 977.08 (2) (i) of the statutes is created to read:
SB658,13,1413 977.08 (2) (i) Cases involving persons who are entitled to counsel under s.
14799.425.
SB658,31 15Section 31. Initial applicability.
SB658,13,2016 (1) The treatment of ss. 704.145 (2), 704.17 (4), 799.05 (8), 799.12 (6) (c), 799.14
17(2), 799.16 (3) (b) and (4) (d), 799.20 (1) and (3), 799.22 (4) (b) 4., 799.40 (4) (c), 799.41
18(1), and 799.425, the renumbering and amendment of s. 799.20 (4), and the creation
19of s. 799.20 (4) (a) first apply to a residential eviction action commenced on the
20effective date of this subsection.
SB658,13,2321 (2) The treatment of s. 704.145 (1) first applies to a residential rental
22agreement or addendum to an agreement entered into, modified, or renewed on the
23effective date of this subsection.
SB658,13,2424 (End)
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