Feed for /1995/statutes/statutes/973 PDF
973.047(1)(b) (b) Except as provided in par. (a), if a court imposes a sentence or places a person on probation for any violation under ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court may require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis.
Effective date note NOTE: Par. (b) is shown as amended eff. 6-1-97 by 1995 Wis. Act 440. Prior to 6-1-97 it reads:
Effective date text (b) Except as provided in par. (a), if a court imposes a sentence or places a person on probation for any violation under chs. 940, 944 or 948 or ss. 943.01 to 943.15, the court may require the person to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis. The court may require the person to comply with the reporting requirements under s. 175.45 if the court determines that the underlying conduct was seriously sexually assaultive in nature and that it would be in the interest of public protection to have the person report under s. 175.45.
973.047(1)(c) (c) The results from deoxyribonucleic acid analysis of a specimen under par. (a) or (b) may be used only as authorized under s. 165.77 (3). The state crime laboratories shall destroy any such specimen in accordance with s. 165.77 (3).
973.047(2) (2) The department of justice shall promulgate rules providing for procedures for defendants to provide specimens under sub. (1) and for the transportation of those specimens to the state crime laboratories for analysis under s. 165.77.
973.047 History History: 1993 a. 16, 98, 227; 1995 a. 440.
973.048 973.048 Sex offender reporting requirements.
973.048(1) (1) If a court imposes a sentence or places a person on probation for a violation, or for the solicitation, conspiracy or attempt to commit a violation, of s. 940.22 (2), 940.225 (1), (2) or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.08, 948.11 or 948.30, or of s. 940.30 or 940.31 if the victim was a minor and the person was not the victim's parent, the court shall require the person to comply with the reporting requirements under s. 301.45.
973.048(2) (2) Except as provided in sub. (1), if a court imposes a sentence or places a person on probation for any violation, or for the solicitation, conspiracy or attempt to commit any violation, under ch. 940, 944 or 948 or ss. 943.01 to 943.15, the court may require the person to comply with the reporting requirements under s. 301.45 if the court determines that the underlying conduct was sexually motivated, as defined in s. 980.01 (5), and that it would be in the interest of public protection to have the person report under s. 301.45.
Effective date note NOTE: This section is created eff. 6-1-97 by 1995 Wis. Act 440.
973.048 History History: 1995 a. 440.
973.05 973.05 Fines.
973.05(1)(1) When a defendant is sentenced to pay a fine, the court may grant permission for the payment of the fine, of the penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1), the crime victim and witness assistance surcharge under s. 973.045, any applicable deoxyribonucleic acid analysis surcharge under s. 973.046, any applicable drug abuse program improvement surcharge imposed by s. 961.41 (5), any applicable domestic abuse assessment imposed by s. 971.37 (1m) (c) 1. or 973.055, any applicable driver improvement surcharge imposed by s. 346.655, any applicable weapons assessment imposed by s. 167.31, any applicable uninsured employer assessment imposed by s. 102.85 (4), any applicable environmental assessment imposed by s. 299.93, any applicable wild animal protection assessment imposed by s. 29.9965, any applicable natural resources assessment imposed by s. 29.997 and any applicable natural resources restitution payment imposed by s. 29.998 to be made within a period not to exceed 120 days. If no such permission is embodied in the sentence, the fine, the penalty assessment, the jail assessment, the crime victim and witness assistance surcharge, any applicable deoxyribonucleic acid analysis surcharge, any applicable drug abuse program improvement surcharge, any applicable domestic abuse assessment, any applicable driver improvement surcharge, any applicable weapons assessment, any applicable uninsured employer assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment and any applicable natural resources restitution payment shall be payable immediately.
973.05 Note NOTE: Sub. (1) is shown as affected by three acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c).
973.05(1m) (1m) If the court orders payment of restitution and a fine and related payments under s. 973.20, the court may authorize a payment period in excess of the limit imposed under sub. (1).
973.05(2) (2) When a defendant is sentenced to pay a fine and is also placed on probation, the court may make the payment of the fine, the penalty assessment, the jail assessment, the crime victim and witness assistance surcharge, any applicable deoxyribonucleic acid analysis surcharge, any applicable drug abuse program improvement surcharge, any applicable domestic abuse assessment, any applicable uninsured employer assessment, any applicable driver improvement surcharge, any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment and any applicable natural resources restitution payments a condition of probation. When the payments are made a condition of probation by the court, payments thereon shall be applied first to payment of the penalty assessment until paid in full, shall then be applied to the payment of the jail assessment until paid in full, shall then be applied to the payment of part A of the crime victim and witness assistance surcharge until paid in full, shall then be applied to part B of the crime victim and witness assistance surcharge until paid in full, shall then be applied to the deoxyribonucleic acid analysis surcharge until paid in full, shall then be applied to the drug abuse improvement surcharge until paid in full, shall then be applied to payment of the driver improvement surcharge until paid in full, shall then be applied to payment of the domestic abuse assessment until paid in full, shall then be applied to payment of the natural resources assessment if applicable until paid in full, shall then be applied to payment of the natural resources restitution payment until paid in full, shall then be applied to the payment of the environmental assessment if applicable until paid in full, shall then be applied to the payment of the wild animal protection assessment if applicable until paid in full, shall then be applied to payment of the weapons assessment until paid in full, shall then be applied to payment of the uninsured employer assessment until paid in full and shall then be applied to payment of the fine.
973.05(3) (3)
973.05(3)(a)(a) In lieu of part or all of a fine imposed by a court, the court may stay the execution of part or all of the sentence and provide that the defendant perform community service work under pars. (b) and (c). The amount of the fine actually paid, if any, shall be used to determine any applicable assessment or surcharge under sub. (1), except that any applicable driver improvement surcharge under s. 346.655 or any domestic abuse assessment imposed by s. 973.055 shall be imposed regardless of whether part or all of the sentence has been stayed. If the defendant fails to comply with the community service order, the court shall order the defendant brought before the court for imposition of sentence. If the defendant complies with the community service order, he or she has satisfied that portion of the sentence.
973.05(3)(b) (b) The court may require that the defendant perform community service work for a public agency or a nonprofit charitable organization. The number of hours of work required may not exceed what would be reasonable considering the seriousness of the offense and any other offense which is read into the record at the time of conviction. An order may only apply if agreed to by the defendant and the organization or agency. The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored.
973.05(3)(c) (c) Any organization or agency acting in good faith to which a defendant is assigned pursuant to an order under this subsection has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the defendant.
973.05(4) (4) If a defendant fails to pay the fine, assessment, surcharge or restitution payment within the period specified under sub. (1) or (1m), the court may do any of the following:
973.05(4)(a) (a) Issue a judgment for the unpaid amount and direct the clerk to file and docket a transcript of the judgment, without fee. If the court issues a judgment for the unpaid amount, the court shall send to the defendant at his or her last-known address written notification that a civil judgment has been issued for the unpaid fine, assessment, surcharge or restitution payment. The judgment has the same force and effect as judgments docketed under s. 806.10.
973.05(4)(b) (b) Issue an order assigning lottery prizes that are payable in instalments and not more than 25% of the defendant's commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102 and other money due or to be due in the future to the clerk for payment of the unpaid fine, assessment, surcharge or restitution payment. In this paragraph, "employer" includes the state and its political subdivisions.
973.05(5) (5)
973.05(5)(a)(a) Upon entry of the assignment under sub. (4) (b), unless the court finds that income withholding is likely to cause the defendant irreparable harm, the court shall provide notice of the assignment by regular mail to the last-known address of the person from whom the defendant receives or will receive money. If the clerk does not receive the money from the person notified, the court shall provide notice of the assignment to any other person from whom the defendant receives or will receive money. Notice under this paragraph may be a notice of the court, a copy of the executed assignment or a copy of that part of the court order directing payment. If the court issues an order under sub. (4) (b) assigning lottery prizes, the court shall send the notice of that order to the administrator of the lottery division of the gaming commission, including a statement of the amount owed under the judgment and the name and address of the person owing the judgment. The court shall notify the administrator of the lottery division of the gaming commission when the judgment that is the basis of the assignment has been paid in full.
973.05(5)(b) (b) For each payment made under the assignment under sub. (4) (b), the person from whom the defendant under the order receives money shall receive an amount equal to the person's necessary disbursements, not to exceed $3, which shall be deducted from the money to be paid to the defendant.
973.05(5)(c) (c) A person who receives notice of the assignment under par. (a) shall withhold the amount specified in the notice from any money that person pays to the defendant later than one week after receipt of the notice of assignment. Within 5 days after the day on which the person pays money to the defendant, the person shall send the amount withheld to the clerk of the jurisdiction providing notice. Section 241.09 does not apply to assignments under this section.
973.05(5)(d) (d) If after receipt of notice of assignment under par. (a) the person from whom the defendant receives money fails to withhold the money or send the money to the clerk as provided in this subsection, the person may be proceeded against under the principal action under ch. 785 for contempt of court or may be proceeded against under ch. 778 and be required to forfeit not less than $50 nor more than an amount, if the amount exceeds $50, that is equal to 1% of the amount not withheld or sent.
973.05(5)(e) (e) If an employer who receives notice of an assignment under par. (a) fails to notify the clerk within 10 days after an employe is terminated or otherwise temporarily or permanently leaves the employer's employment, the employer may be proceeded against under the principal action under ch. 785 for contempt of court.
973.05(5)(f) (f) Compliance by the person from whom the defendant receives money with the order operates as a discharge of the person's liability to the defendant as to that portion of the defendant's commission, earnings, salaries, wages, benefits or other money so affected.
973.05(5)(g) (g) No employer may use an assignment under sub. (4) (b) as a basis for the denial of employment to a defendant, the discharge of an employe or any disciplinary action against an employe. An employer who denies employment or discharges or disciplines an employe in violation of this paragraph may be fined not more than $500 and may be required to make full restitution to the aggrieved person, including reinstatement and back pay. Restitution shall be in accordance with s. 973.20. An aggrieved person may apply to the district attorney or to the department of industry, labor and human relations for enforcement of this paragraph.
973.05(5)(h) (h) A person who receives more than one notice of assignment under par. (a) may send all money withheld to the clerk in a combined payment, accompanied by any information that the clerk requires.
973.05(5)(i)1.1. In this paragraph, "payroll period" has the meaning given in s. 71.63 (5).
973.05(5)(i)2. 2. If after an assignment is in effect the defendant's employer changes its payroll period, or the defendant changes employers and the new employer's payroll period is different from the former employer's payroll period, the clerk may, unless otherwise ordered by a judge, amend the withholding assignment or order so that all of the following apply:
973.05(5)(i)2.a. a. The withholding frequency corresponds to the new payroll period.
973.05(5)(i)2.b. b. The amounts to be withheld reflect the adjustment to the withholding frequency.
973.05(5)(j) (j) The clerk shall provide notice of the amended withholding assignment or order under par. (i) by regular mail to the defendant's employer and to the defendant.
973.05 Annotation See note to Art. I, sec. 8, citing State ex rel. Pedersen v. Blessinger, 56 W (2d) 286, 201 NW (2d) 778.
973.05 Annotation Trial courts are encouraged to use instalment method when dealing with indigent defenders; instalment period may exceed 60 days. Will v. State, 84 W (2d) 397, 267 NW (2d) 357 (1978).
973.05 Annotation Court cannot impose probation or order defendant to perform community work in lieu of imposing statutorily required minimum jail sentence. 71 Atty. Gen. 41.
973.055 973.055 Domestic abuse assessments.
973.055(1) (1) If a court imposes a sentence on an adult person or places an adult person on probation, regardless of whether any fine is imposed, the court shall impose a domestic abuse assessment of $50 for each offense if:
973.055(1)(a)1.1. The court convicts the person of a violation of a crime specified in s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.19, 940.20 (1m) or (3), 940.21, 940.225, 940.23, 940.285, 940.30, 940.305, 940.31, 940.42, 940.43, 940.44, 940.45, 940.48, 941.20, 941.30, 943.01, 943.14, 943.15, 946.49, 947.01, 947.012 or 947.0125 or of a municipal ordinance conforming to s. 941.20, 941.30, 943.01, 943.14, 943.15, 946.49, 947.01, 947.012 or 947.0125; and
973.055 Note NOTE: Subd. 1. is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c).
973.055(1)(a)2. 2. The court finds that the conduct constituting the violation under subd. 1. involved an act by the adult person against his or her spouse or former spouse, against an adult with whom the adult person resides or formerly resided or against an adult with whom the adult person has created a child; or
973.055(1)(b) (b) The court convicts a person under s. 813.12 (8) (a) or a conforming municipal ordinance.
973.055(2) (2)
973.055(2)(a)(a) If the assessment is imposed by a court of record, after the court determines the amount due, the clerk of the court shall collect and transmit the amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer as provided in s. 59.25 (3) (f) 2.
973.055(2)(b) (b) If the assessment is imposed by a municipal court, after a determination by the court of the amount due, the court shall collect and transmit the amount to the treasurer of the county, city, town or village, and that treasurer shall make payment to the state treasurer as provided in s. 66.12 (1) (b).
973.055(3) (3) All moneys collected from domestic abuse assessments shall be deposited by the state treasurer in s. 20.435 (1) (hh) and utilized in accordance with s. 46.95.
973.055(4) (4) A court may waive part or all of the domestic abuse assessment under this section if it determines that the imposition of the full assessment would have a negative impact on the offender's family.
973.06 973.06 Costs.
973.06(1)(1) Except as provided in s. 93.20, the costs taxable against the defendant shall consist of the following items and no others:
973.06(1)(a) (a) The necessary disbursements and fees of officers allowed by law and incurred in connection with the arrest, preliminary examination and trial of the defendant, including, in the discretion of the court, the fees and disbursements of the agent appointed to return a defendant from another state or country.
973.06(1)(am) (am) Moneys expended by a law enforcement agency under all of the following conditions:
973.06(1)(am)1. 1. The agency expended the moneys to purchase a controlled substance or controlled substance analog that was distributed in violation of ch. 961.
973.06(1)(am)2. 2. The moneys were expended in the course of an investigation that resulted in the defendant's conviction.
973.06(1)(am)3. 3. The moneys were used to obtain evidence of the defendant's violation of the law.
973.06(1)(am)4. 4. The agency has not previously been reimbursed or repaid for the expended moneys by the defendant.
973.06(1)(b) (b) Fees and travel allowance of witnesses for the state at the preliminary examination and the trial.
973.06(1)(c) (c) Fees and disbursements allowed by the court to expert witnesses. Section 814.04 (2) shall not apply in criminal cases.
973.06(1)(d) (d) Fees and travel allowance of witnesses for the defense incurred by the county at the request of the defendant, at the preliminary hearing and the trial.
973.06(1)(e) (e) Attorney fees payable to the defense attorney by the county or the state. If the court determines at the time of sentencing that the defendant's financial circumstances are changed, the court may adjust the amount in accordance with s. 977.07 (1) (a) and (2).
973.06(1)(f) (f) An amount determined by the court to make a reasonable contribution to a crime prevention organization, if the court determines that the person has the financial ability to make the contribution and the contribution is appropriate.
973.06(1)(g) (g) An amount equal to 10% of any restitution ordered under s. 973.20, payable to the county treasurer for use by the county.
973.06(1)(h) (h) The cost of performance of a test under s. 968.38, if ordered by the court.
973.06(2) (2) The court may remit the taxable costs, in whole or in part.
973.06(3) (3) If the court orders payment of restitution, collection of costs shall be as provided under s. 973.20.
973.06 History History: Sup. Ct. Order, 67 W (2d) 585, 784 (1975); 1979 c. 356; 1981 c. 352; 1985 a. 29; 1987 a. 347, 398, 403; 1991 a. 39, 269; 1995 a. 27, 53, 448.
973.06 Annotation See note to 814.51, citing State v. Foster, 100 W (2d) 103, 301 NW (2d) 192 (1981).
973.06 Annotation Court may not order reimbursement of law enforcement agency for routine investigative activities. State v. Peterson, 163 W (2d) 800, 472 NW (2d) 571 (Ct. App. 1991).
973.06 Annotation Contribution under (1) (e) toward defendant's attorney fees payable by county may not be taxed in an order separate from the sentence. State v. Grant, 168 W (2d) 682, 484 NW (2d) 371 (Ct. App. 1992).
973.06 Annotation Sub. (1) (c) provides authority to order payment of costs to the state crime laboratory for tests performed, whether or not an expert from the laboratory actually testified at trial. State v. Ferguson, 195 W (2d) 174, 536 NW (2d) 116 (Ct. App. 1995).
973.06 Annotation Sub. (1) (c) does not limit recovery of expert witness fees to fees for court appointed witnesses. State v. Schmaling, 198 W (2d) 757, 543 NW (2d) 555 (Ct. App. 1995).
973.06 Annotation Obligation of defendant under this section is not dischargeable in bankruptcy. Matter of Zarzynski, 771 F (2d) 304 (1985).
973.06 Annotation Right to counsel; repayment of cost of court-appointed counsel as a condition of probation. 56 MLR 551.
973.07 973.07 Failure to pay fine or costs or to comply with certain community service work. If the fine, costs, penalty assessment, jail assessment, crime victim and witness assistance surcharge, applicable deoxyribonucleic acid analysis surcharge, applicable drug abuse program improvement surcharge, applicable domestic abuse assessment, applicable driver improvement surcharge, applicable weapons assessment, applicable uninsured employer assessment, applicable environmental assessment, applicable wild animal protection assessment, applicable natural resources assessment and applicable natural resources restitution payments are not paid or community service work under s. 943.017 (3) is not completed as required by the sentence, the defendant may be committed to the county jail until the fine, costs, penalty assessment, jail assessment, crime victim and witness assistance surcharge, applicable deoxyribonucleic acid analysis surcharge, applicable drug abuse program improvement surcharge, applicable domestic abuse assessment, applicable driver improvement surcharge, applicable weapons assessment, applicable uninsured employer assessment, applicable environmental assessment, applicable wild animal protection assessment, applicable natural resources assessment or applicable natural resources restitution payments are paid or discharged, or the community service work under s. 943.017 (3) is completed, for a period fixed by the court not to exceed 6 months.
973.07 Annotation See note to Art. I, sec. 8, citing State ex rel. Pedersen v. Blessinger, 56 W (2d) 286, 201 NW (2d) 778.
973.07 Annotation Where fine and payment schedule are reasonably suited to offender's means, offender carries heavy burden of showing inability to pay. Will v. State, 84 W (2d) 397, 267 NW (2d) 357 (1978).
973.07 Annotation Commitment under this section may be consecutive to another term of incarceration. State v. Way, 113 W (2d) 82, 334 NW (2d) 918 (Ct. App. 1983).
973.07 Annotation The six month limit on commitments under this section is the aggregate amount of time a defendant may be jailed for nonpayment of a fine. State v. Schuman, 173 W (2d) 743, 496 NW (2d) 684 (Ct. App. 1993).
973.075 973.075 Forfeiture of property derived from crime and certain vehicles.
973.075(1)(1) The following are subject to seizure and forfeiture under ss. 973.075 to 973.077:
973.075(1)(a) (a) All property, real or personal, including money, directly or indirectly derived from or realized through the commission of any crime.
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