AB204,10,1615 (i) Any other factors as the court may, in each individual case, determine to be
16relevant.
AB204,22 17Section 22. 800.09 (4) of the statutes is created to read:
AB204,10,2318 800.09 (4) Notwithstanding ss. 755.045 or 800.115 (2), no municipal judgment
19alleged by the defendant to be void due to the existence of a conviction, suspension,
20or revocation arising from another matter that existed at the time of the municipal
21judgment shall be considered void by any court unless the defendant disclosed the
22conviction, suspension, or revocation with specificity and in writing to the municipal
23court and to the prosecuting attorney prior to the entry of municipal judgment.
AB204,23 24Section 23. 800.093 (1) (b) of the statutes is amended to read:
AB204,11,2
1800.093 (1) (b) The violation resulted in damage to or theft of the property of
2or physical injury to or death of a person other than the defendant.
AB204,24 3Section 24. 800.095 (3) of the statutes is renumbered 800.095 (3) (intro.) and
4amended to read:
AB204,11,65 800.095 (3) (intro.) Subsection (1) (a) and (b) does not apply to orders any of the
6following:
AB204,11,7 7(a) Orders for restitution under s. 800.093 or in cases.
AB204,11,11 8(b) Cases where service of the summons and complaint or citation is made by
9mail as authorized in s. 800.01 (2) (e), unless the defendant subsequently appeared
10in the action or was personally served with a copy of the judgment and notice of the
11right to request review of the findings under sub. (1) (b) 2
.
AB204,25 12Section 25. 800.095 (3) (c) of the statutes is created to read:
AB204,11,1513 800.095 (3) (c) Failure to pay a monetary judgment within 60 days of the
14judgment under s. 800.09 (1b), unless the court finds good cause and orders
15otherwise.
AB204,26 16Section 26. 800.095 (6) of the statutes is amended to read:
AB204,11,1817 800.095 (6) The court or collection company may obtain payment through a
18setoff against the defendant's tax refund under s. 71.935.
AB204,27 19Section 27. 800.095 (7) of the statutes is amended to read:
AB204,11,2320 800.095 (7) In addition to the procedures under this section, the court or a
21municipality may enforce the judgment in the same manner as for a judgment in an
22ordinary civil action, including entry into the judgment and lien docket as provided
23under s. 806.12
.
AB204,28 24Section 28. 800.115 (4) of the statutes is amended to read:
AB204,12,4
1800.115 (4) The court may impose costs on the motion as allowed under s.
2814.07, except that any costs shall be based on the expense associated with the
3motion and the court shall consider the defendant's ability to pay the costs. No costs
4may be imposed as a requirement of filing the motion
.
AB204,29 5Section 29. 800.115 (5) of the statutes is amended to read:
AB204,12,116 800.115 (5) Upon receiving or making a motion under this section, the court
7shall provide notice to all parties and schedule a hearing on the motion. Upon
8receiving a motion under this section, the court may enter an order denying the
9motion for failure to state grounds upon which relief may be granted, schedule a
10hearing on the motion, or enter an order based on written submissions from the
11parties.
AB204,30 12Section 30. 800.13 (1) of the statutes is amended to read:
AB204,12,1713 800.13 (1) Every proceeding in which testimony is taken under oath or
14affirmation, hearing on a motion under s. 800.115, and hearing regarding whether
15the defendant is unable to pay the judgment because of poverty, as that term is used
16in s. 814.29 (1) (d),
in a municipal court shall be recorded by electronic means for
17purposes of appeal.
AB204,31 18Section 31. 800.14 (1) of the statutes is amended to read:
AB204,12,2519 800.14 (1) Appeals from judgments, decisions on motions brought under s.
20800.115, or determinations regarding whether the defendant is unable to pay the
21judgment because of poverty, as that term is used in s. 814.29 (1) (d), may be taken
22by either party to the circuit court of the county where the offense occurred. The
23appellant shall appeal by giving the municipal judge court and other party written
24notice of appeal and paying any required fees within 20 days after the judgment or
25decision. No appeals may be taken from default judgments.
AB204,32
1Section 32. 800.14 (2) of the statutes is repealed.
AB204,33 2Section 33. 800.14 (2m) of the statutes is created to read:
AB204,13,73 800.14 (2m) Upon receipt by the municipal court of the notice of appeal and any
4required fees and, if a trial has been held, after the 20 day time period under sub. (4)
5has passed, the appeal has been perfected. Within 30 days after perfection, the
6municipal court shall transmit the case to the circuit court as provided under sub.
7(5), and shall comply with the requirements of s. 343.325, if applicable.
AB204,34 8Section 34. 800.14 (3) of the statutes is amended to read:
AB204,13,139 800.14 (3) On meeting the requirements for appeal Upon perfection of the
10appeal under sub. (2m)
, execution on the judgment of the municipal court or
11enforcement of the order of the municipal court shall be stayed until the final
12disposition of the appeal, unless otherwise ordered by the municipal court prior to
13transmittal to the circuit court or unless ordered by the circuit court thereafter
.
AB204,35 14Section 35. 800.14 (4) of the statutes is renumbered 800.14 (4) (intro.) and
15amended to read: