The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB538, s. 1 1Section 1. 59.39 (11) of the statutes is created to read:
SB538,2,42 59.39 (11) Keep a record of all payments ordered by the court under s. 973.05
3(4) to be paid to the clerk of circuit court or ordered by a court in another county or
4jurisdiction but enforced or received by the clerk's court.
SB538, s. 2 5Section 2. 565.37 (5r) of the statutes is created to read:
SB538,2,196 565.37 (5r) Withholding of assessments, fines, restitution and surcharges.
7If the administrator receives a notice of the assignment of lottery prizes under s.
8973.05 (4) (b), he or she shall periodically determine if the person subject to the
9assignment is a winner of a lottery prize that is payable in instalments. If the
10administrator determines that a person subject to an assignment of lottery prizes
11under s. 973.05 (4) (b) is a winner of a lottery prize that is payable in instalments,
12the administrator shall withhold the amount of the judgment that is the basis of the
13assignment from the next instalment payment. The administrator shall submit the
14withheld amount to the court that issued the assignment. The administrator shall
15notify the winner of the reason that the amount is withheld from the lottery prize.
16If the initial instalment payment is insufficient to pay the judgment, the
17administrator shall withhold and submit to the court an amount from any additional
18instalment payments until the judgment is paid in full or until the court notifies the
19administrator that the judgment is paid and the assignment is no longer in effect.
SB538, s. 3 20Section 3. 973.05 (1) of the statutes is amended to read:
SB538,3,22
1973.05 (1) When a defendant is sentenced to pay a fine, the court may grant
2permission for the payment of the fine, of the penalty assessment imposed by s.
3165.87, the jail assessment imposed by s. 302.46 (1), the crime victim and witness
4assistance surcharge under s. 973.045, any applicable deoxyribonucleic acid analysis
5surcharge under s. 973.046, any applicable drug abuse program improvement
6surcharge imposed by s. 161.41 (5), any applicable domestic abuse assessment
7imposed by s. 971.37 (1m) (c) 1. or 973.055, any applicable driver improvement
8surcharge imposed by s. 346.655, any applicable weapons assessment imposed by s.
9167.31, any applicable uninsured employer assessment imposed by s. 102.85 (4), any
10applicable environmental assessment imposed by s. 144.992, any applicable wild
11animal protection assessment imposed by s. 29.9965, any applicable natural
12resources assessment imposed by s. 29.997 and any applicable natural resources
13restitution payment imposed by s. 29.998 to be made within a period not to exceed
1460 120 days. If no such permission is embodied in the sentence, the fine, the penalty
15assessment, the jail assessment, the crime victim and witness assistance surcharge,
16any applicable deoxyribonucleic acid analysis surcharge, any applicable drug abuse
17program improvement surcharge, any applicable domestic abuse assessment, any
18applicable driver improvement surcharge, any applicable weapons assessment, any
19applicable uninsured employer assessment, any applicable environmental
20assessment, any applicable wild animal protection assessment, any applicable
21natural resources assessment and any applicable natural resources restitution
22payment shall be payable immediately.
SB538, s. 4 23Section 4. 973.05 (1m) of the statutes is amended to read:
SB538,4,3
1973.05 (1m) If the court orders payment of restitution and a fine and related
2payments under s. 973.20, the court may authorize a payment period in excess of 60
3days
the limit imposed under sub. (1).
SB538, s. 5 4Section 5. 973.05 (4) and (5) of the statutes are created to read:
SB538,4,75 973.05 (4) If a defendant fails to pay the fine, assessment, surcharge or
6restitution payment within the period specified under sub. (1) or (1m), the court may
7do any of the following:
SB538,4,138 (a) Issue a judgment for the unpaid amount and direct the clerk to file and
9docket a transcript of the judgment, without fee. If the court issues a judgment for
10the unpaid amount, the court shall send to the defendant at his or her last-known
11address written notification that a civil judgment has been issued for the unpaid fine,
12assessment, surcharge or restitution payment. The judgment has the same force and
13effect as judgments docketed under s. 806.10.
SB538,4,1914 (b) Issue an order assigning lottery prizes that are payable in instalments and
15not more than 25% of the defendant's commissions, earnings, salaries, wages,
16pension benefits, benefits under ch. 102 and other money due or to be due in the
17future to the clerk for payment of the unpaid fine, assessment, surcharge or
18restitution payment. In this paragraph, "employer" includes the state and its
19political subdivisions.
SB538,5,8 20(5) (a) Upon entry of the assignment under sub. (4) (b), unless the court finds
21that income withholding is likely to cause the defendant irreparable harm, the court
22shall provide notice of the assignment by regular mail to the last-known address of
23the person from whom the defendant receives or will receive money. If the clerk does
24not receive the money from the person notified, the court shall provide notice of the
25assignment to any other person from whom the defendant receives or will receive

1money. Notice under this paragraph may be a notice of the court, a copy of the
2executed assignment or a copy of that part of the court order directing payment. If
3the court issues an order under sub. (4) (b) assigning lottery prizes, the court shall
4send the notice of that order to the administrator of the lottery division of the gaming
5commission, including a statement of the amount owed under the judgment and the
6name and address of the person owing the judgment. The court shall notify the
7administrator of the lottery division of the gaming commission when the judgment
8that is the basis of the assignment has been paid in full.
SB538,5,129 (b) For each payment made under the assignment under sub. (4) (b), the person
10from whom the defendant under the order receives money shall receive an amount
11equal to the person's necessary disbursements, not to exceed $3, which shall be
12deducted from the money to be paid to the defendant.
SB538,5,1813 (c) A person who receives notice of the assignment under par. (a) shall withhold
14the amount specified in the notice from any money that person pays to the defendant
15later than one week after receipt of the notice of assignment. Within 5 days after the
16day on which the person pays money to the defendant, the person shall send the
17amount withheld to the clerk of the jurisdiction providing notice. Section 241.09 does
18not apply to assignments under this section.
SB538,5,2419 (d) If after receipt of notice of assignment under par. (a) the person from whom
20the defendant receives money fails to withhold the money or send the money to the
21clerk as provided in this subsection, the person may be proceeded against under the
22principal action under ch. 785 for contempt of court or may be proceeded against
23under ch. 778 and be required to forfeit not less than $50 nor more than an amount,
24if the amount exceeds $50, that is equal to 1% of the amount not withheld or sent.
SB538,6,4
1(e) If an employer who receives notice of an assignment under par. (a) fails to
2notify the clerk within 10 days after an employe is terminated or otherwise
3temporarily or permanently leaves the employer's employment, the employer may
4be proceeded against under the principal action under ch. 785 for contempt of court.
SB538,6,85 (f) Compliance by the person from whom the defendant receives money with
6the order operates as a discharge of the person's liability to the defendant as to that
7portion of the defendant's commission, earnings, salaries, wages, benefits or other
8money so affected.
SB538,6,169 (g) No employer may use an assignment under sub. (4) (b) as a basis for the
10denial of employment to a defendant, the discharge of an employe or any disciplinary
11action against an employe. An employer who denies employment or discharges or
12disciplines an employe in violation of this paragraph may be fined not more than
13$500 and may be required to make full restitution to the aggrieved person, including
14reinstatement and back pay. Restitution shall be in accordance with s. 973.20. An
15aggrieved person may apply to the district attorney or to the department of industry,
16labor and human relations for enforcement of this paragraph.
SB538,6,1917 (h) A person who receives more than one notice of assignment under par. (a)
18may send all money withheld to the clerk in a combined payment, accompanied by
19any information that the clerk requires.
SB538,6,2020 (i) 1. In this paragraph, "payroll period" has the meaning given in s. 71.63 (5).
SB538,6,2521 2. If after an assignment is in effect the defendant's employer changes its
22payroll period, or the defendant changes employers and the new employer's payroll
23period is different from the former employer's payroll period, the clerk may, unless
24otherwise ordered by a judge, amend the withholding assignment or order so that all
25of the following apply:
SB538,7,1
1a. The withholding frequency corresponds to the new payroll period.
SB538,7,32 b. The amounts to be withheld reflect the adjustment to the withholding
3frequency.
SB538,7,54 (j) The clerk shall provide notice of the amended withholding assignment or
5order under par. (i) by regular mail to the defendant's employer and to the defendant.
SB538, s. 6 6Section 6. Initial applicability.
SB538,7,8 7(1) This act first applies to sentences imposed on the effective date of this
8subsection.
SB538, s. 7 9Section 7. Effective date.
SB538,7,11 10(1) This act takes effect on the first day of the 4th month beginning after
11publication or on June 30, 1996, whichever is earlier.
SB538,7,1212 (End)
Loading...
Loading...