LRB-2226/2
RPN:mfd&jlg:jf
1997 - 1998 LEGISLATURE
April 23, 1997 - Introduced by Senators Huelsman, Wirch, Fitzgerald, Panzer and
Farrow, cosponsored by Representatives
Vrakas, Notestein, M. Lehman,
Kreibich, Ziegelbauer, Dobyns, Ott, Hanson, Urban, Schafer, Staskunas, F.
Lasee, Powers, Ladwig, Grothman, Goetsch, Sykora, Kaufert, Albers, Kelso,
Duff, Green, Nass, Gunderson and Seratti. Referred to Committee on
Judiciary, Campaign Finance Reform and Consumer Affairs.
SB179,1,2
1An Act to amend 346.65 (6) (c) of the statutes;
relating to: seizure and forfeiture
2of motor vehicles.
Analysis by the Legislative Reference Bureau
Under current law, if a vehicle is seized under a court order because a person
committed a 3rd or 4th offense related to the operation of a motor vehicle while under
the influence of an intoxicant, the district attorney of the county where the motor
vehicle was seized commences the action to forfeit the motor vehicle. Under this bill,
the district attorney of the county in which the court that ordered the motor vehicle
seized is located commences the action to forfeit the motor vehicle.
For further information see the 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:
SB179, s. 1
3Section
1. 346.65 (6) (c) of the statutes is amended to read:
SB179,2,64
346.65
(6) (c) The district attorney of the county where the
motor vehicle was
5seized seizure is ordered shall commence an action to forfeit the motor vehicle within
630 days after the motor vehicle is seized. The action shall name the owner of the
1motor vehicle and all lienholders of record as parties. The forfeiture action shall be
2commenced by filing a summons, complaint and affidavit of the law enforcement
3agency with the clerk of circuit court. Upon service of an answer, the action shall be
4set for hearing within 60 days after the service of the answer. If no answer is served
5or no issue of law or fact joined and the time for that service or joining of issues has
6expired, the court may render a default judgment as provided in s. 806.02.
SB179,2,98
(1) This act first applies to vehicles seized on the effective date of this
9subsection.
