Wisconsin 2019-2020 Regular Session Status: Passed Assembly Bipartisan · 6 R · 1 D cosponsors

AB 15 — Relating to: requiring persons accused of violating traffic laws and ordinances related to driving while intoxicated to appear in person in court. (FE)

Last action — Failed to concur in pursuant to Senate Joint Resolution 1

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

104 added · 16 removed

Plain-language change summary

The amendment to Assembly Bill 15 now requires individuals cited for driving while intoxicated to appear in court in person for their charges, which aims to ensure accountability and proper handling of these offenses. Additionally, it includes a provision that mandates any court-imposed surcharges be sent to the county treasurer specifically for substance use prevention and treatment programs. This change is important because it not only emphasizes the seriousness of drunk driving offenses but also directs financial resources towards addressing substance abuse issues in the community.

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- 2020 LEGISLATURE LRBa0183/1 EVM:kjf ASSEMBLY AMENDMENT 1, TO ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 15 May 1, 2019 - Offered by RepresentativROWLEY, SPREITZERand EMERSON.
- 2020 LEGISLATURE LRB-1009/1 EVM:kjf ASSEMBLY BILL 15 February 8, 2019 - Introduced by Representatives O TT, HORLACHER , ANDERSON , PLUMER , Q UINN, S ORTWELL , S PIROS, W ICHGERS , JAGLER and H UTTON , cosponsored by Senators D ARLING, CARPENTER , ERNIER , ACQUE , KOOYENGA , LARSON , MARKLEIN and NASS.
At the locations indicated, amend the substitute amendment as follows:
Referred to Committee on Criminal Justice and Public Safety.
1.
A N A CT to renumber and amend 66.0114 (1) (b);
Page 2, line 18:
to amend 800.035 (5) (a);
after “appear." insert “The court shall transmit the surcharge under this subd.
and to create 66.0114 (1) (b) 2., 66.0114 (1) (b) 3., 345.26 (1) (b) 3., 800.035 (5) (am) and 967.055 (2m) of the statutes;
relating to:
requiring persons accused of violating traffic laws and ordinances related to driving while intoxicated to appear 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 - 2020 Legislature - 2 - LRB-1009/1 EVM:kjf ASSEMBLY BILL 15 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:
SECTION 1.
66.0114 (1) (b) of the statutes is renumbered 66.0114 (1) (b) 1.
and amended to read:
66.0114 (1) (b) 1.
Local ordinances, except as provided in this paragraph or ss.
345.20 to 345.53, may contain a provision for stipulation of guilt or no contest of any or all violations under those ordinances, may designate the manner in which the stipulation is to be made, and may fix the penalty to be paid.
When Except as provided in subd.
2., when a person charged with a violation for which stipulation of guilt or no contest is authorized makes a timely stipulation and pays the required penalty, plus costs, fees, and surcharges imposed under ch.
814, to the designated official, the person need not appear in court and no witness fees or other additional costs, fees, or surcharges may be imposed under ch.
814 unless the local ordinance so provides.
A court appearance is required for a violation of a local ordinance in conformity with s.
346.63 (1).
SECTION 2.
66.0114 (1) (b) 2.
of the statutes is created to read:
66.0114 (1) (b) 2.
A person who is charged with a violation of a local ordinance in conformity with s.
346.63 (1) or (5) shall appear, in person, in court to plead guilty, no contest, or not guilty.
A person who fails to appear, in person, in court is subject to a $300 surcharge pursuant to subd.
SECTION 3.
66.0114 (1) (b) 3.
of the statutes is created to read:
LRB-1009/1 - 2020 Legislature - 3 - EVM:kjf SECTION 3 ASSEMBLY BILL 15 66.0114(1) (b) 3.
If a person who is required under subd.
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2.
to appear, in person, in court to enter a plea fails to appear in court, the court shall do all of the following:
a.
Enter a default judgment against the person and impose the applicable penalties.
to the county treasurer of the county in which the violation occurred for use only for substance use prevention and treatment.".
Impose a $300 surcharge on the person for his or her failure to appear.
SECTION 4.
345.26 (1) (b) 3.
of the statutes is created to read:
345.26 (1) (b) 3.
Subdivision 1.
does not apply to a person who is charged with a violation of s.
346.63 (1) or (5) or a local ordinance in conformity therewith and who is required to appear in person pursuant to s.
66.0114 (1) (b) 2., 800.035 (5) (a), or 967.055 (2m).
SECTION 5.
800.035 (5) (a) of the statutes is amended to read:
800.035 (5) (a) If a defendant is charged with a violation of an ordinance in conformity with s.
346.63 (1) or (5), the municipality may shall, by ordinance, require the defendant to appear in person before the court.
The ordinance shall specify that a person who fails to appear in person before the court is subject to a $300 surcharge pursuant to par.
(am).
SECTION 6.
800.035 (5) (am) of the statutes is created to read:
800.035 (5) (am) If a person who is required under par.
(a) to appear in person before the court to enter a plea fails to appear in court, the court shall do all of the following:
1.
Enter a default judgment against the person and impose the applicable penalties.
Page 5, line 15:
Impose a $300 surcharge on the person for his or her failure to appear.
after “appear." insert “The court shall transmit the surcharge under this subdivision to the county treasurer of the county in which the violation occurred for use only for substance use prevention and treatment.".
SECTION 7.
3.
967.055 (2m) of the statutes is created to read:
Page 6, line 3:
- 2020 Legislature - 4 - LRB-1009/1 EVM:kjf ASSEMBLY BILL 15 S ECTION 7 967.055(2m) P ERSONAL APPEARANCE IN COURT(a) A person who is charged with a civil violation of s.
after “appear." insert “The court shall transmit the surcharge under this subdivision to the county treasurer of the county in which the violation occurred for use only for substance use prevention and treatment.".
346.63 (1) or (5) or a local ordinance in conformity therewith shall appear in person in court to enter a plea of guilty, no contest, or not guilty to the charge.
A person who fails to appear in person in court is subject to a $300 surcharge pursuant to par.
(b).
In this subsection, “court" may mean a circuit court or a municipal court.
(b) If a person who is required under par.
(a) to appear in person in court to enter a plea fails to appear in court, the court shall do all of the following:
1.
Enter a default judgment against the person and impose the applicable penalties.
2.
Impose a $300 surcharge on the person for his or her failure to appear.
S ECTION 80Initial applicability.
(1) This act first applies to violations that occur on the effective date of this subsection.
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Action History

  1. Failed to concur in pursuant to Senate Joint Resolution 1

  2. Available for scheduling

  3. Report concurrence recommended by Committee on Judiciary and Public Safety, Ayes 5, Noes 0

  4. Executive action taken

  5. Public hearing held

  6. Read first time and referred to committee on Judiciary and Public Safety

  7. Received from Assembly

  8. Ordered immediately messaged

  9. Read a third time and passed

  10. Rules suspended

  11. Ordered to a third reading

  12. Assembly Substitute Amendment 1 adopted

  13. Assembly Amendment 1 to Assembly Substitute Amendment 1 adopted

  14. Vote by which Assembly Amendment 1 to Assembly Substitute Amendment 1 tabled reconsidered

  15. Motion to reconsider vote by which Assembly Amendment 1 to Assembly Substitute Amendment 1 tabled offered by Representative Steineke

  16. Assembly Substitute Amendment 1 adopted

  17. Assembly Amendment 1 to Assembly Substitute Amendment 1 laid on table, Ayes 62, Noes 34

  18. Read a second time

  19. Representative Rohrkaste added as a coauthor

  20. Placed on calendar 6-20-2019 by Committee on Rules

  21. Referred to committee on Rules

  22. Report passage as amended recommended by Committee on Criminal Justice and Public Safety, Ayes 11, Noes 0

  23. Report Assembly Substitute Amendment 1 adoption recommended by Committee on Criminal Justice and Public Safety, Ayes 10, Noes 0

  24. Report Assembly Amendment 1 to Assembly Substitute Amendment 1 adoption recommended by Committee on Criminal Justice and Public Safety, Ayes 10, Noes 0

  25. Executive action taken

  26. Fiscal estimate received

  27. Assembly Amendment 1 to Assembly Substitute Amendment 1 offered by Representatives Crowley, Spreitzer and Emerson

  28. Assembly Substitute Amendment 1 offered by Representative Ott

  29. Public hearing held

  30. Fiscal estimate received

  31. Fiscal estimate received

  32. Fiscal estimate received

  33. Fiscal estimate received

  34. Representative Skowronski added as a coauthor

  35. Fiscal estimate received

  36. Read first time and referred to Committee on Criminal Justice and Public Safety

  37. Introduced by Representatives Ott, Horlacher, Anderson, Plumer, Quinn, Sortwell, Spiros, Wichgers, Jagler and Hutton; cosponsored by Senators Darling, Carpenter, Bernier, Jacque, Kooyenga, Larson, Marklein and Nass

Sponsors

Sponsorship breakdown

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10 sponsors · 0 co-sponsors · 122 not signed on

Sponsors (10)

Co-sponsors (0)

None.

Not signed on (122)

122 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors AB 15?
AB 15 is sponsored by Ott, Horlacher, Plumer, Quinn, Romaine (Republican), Spiros, John (Republican), Wichgers, Chuck (Republican), Jagler, John (Republican), Hutton, Rob (Republican), Anderson, Clinton (Democrat), and Sortwell, Shae (Republican).
What is the current status of AB 15?
This bill died with 2019-2020 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 15?
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