1995 - 1996 LEGISLATURE
January 31, 1995 - Introduced by Representatives Gard, Goetsch, Kaufert,
Lehman, Dobyns, Owens, Ladwig, Nass, Ward, Musser, Silbaugh, Ryba,
Zukowski, Seratti, Ziegelbauer, Freese and Klusman, cosponsored by
Senators Drzewiecki and Breske. Referred to Committee on Criminal Justice
and Corrections.
AB82,1,2
1An Act to amend 973.06 (2); and
to create 973.06 (1) (am) and 973.06 (1m) of
2the statutes;
relating to: law enforcement agency fees and disbursements.
Analysis by the Legislative Reference Bureau
Current law places limits on the costs that a court may assess against a criminal
defendant. One of those limits allows the court to assess the defendant for law
enforcement disbursements and fees incurred in connection with the arrest,
preliminary examination and trial of the defendant. This bill specifically requires
the court to assess the defendant for law enforcement agency fees and disbursements
relating to criminal investigations, such as for the recovery of money used to buy
drugs or for the costs of crime laboratory analysis.
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:
AB82, s. 1
3Section
1. 973.06 (1) (am) of the statutes is created to read:
AB82,1,74
973.06
(1) (am) Fees and disbursements of law enforcement agencies expended
5in the course of an investigation that resulted in the defendant's conviction and were
6used to obtain evidence of the defendant's violation of the law. These fees and
7disbursements may include, but are not limited to, any of the following:
AB82,1,98
1. Money used to purchase controlled substances distributed in violation of ch.
9161.
AB82,2,2
12. Money used to purchase prescription substances distributed in violation of
2ch. 450.
AB82,2,33
3. The costs of crime laboratory analysis.
AB82, s. 2
4Section
2. 973.06 (1m) of the statutes is created to read:
AB82,2,75
973.06
(1m) The court shall not order reimbursement of fees and
6disbursements under sub. (1) (am) if they have been previously repaid or collected
7by the law enforcement agency.
AB82, s. 3
8Section
3. 973.06 (2) of the statutes is amended to read:
AB82,2,109
973.06
(2) The court may remit the taxable costs, in whole or in part
, except
10that the court may not remit costs under sub. (1) (am).
AB82,2,11
11Section
4 .
Initial applicability.
AB82,2,12
12(1) This act first applies to costs taxed on the effective date of this subsection.
