AB421, s. 165
22Section
165. 778.105 of the statutes is amended to read:
AB421,70,6
23778.105 Disposition of forfeitures. Revenues from forfeitures imposed by
24any court or any branch thereof for the violation of any municipal or county
25ordinance shall be paid to the municipality or county.
Penalty assessment payments
1shall be made as provided in s. 757.05. Jail assessment payments shall be made as
2provided in s. 302.46 (1). Crime laboratories and drug law enforcement assessment
3payments shall be paid as provided in s. 165.755. Domestic abuse assessments shall
4be made as provided in s. 973.055. Consumer protection assessment payments shall
5be made as provided in s. 100.261 Costs, fees, and surcharges imposed under ch. 814
6shall be paid as required by that chapter.
AB421, s. 166
7Section
166. 778.13 of the statutes is amended to read:
AB421,70,21
8778.13 Forfeitures collected, to whom paid. All moneys collected in favor
9of the state for forfeiture, except the portion to be paid to any person who sues with
10the state
, plus costs, fees, and surcharges imposed under ch. 814, shall be paid by the
11officer who collects the forfeiture
, costs, fees, and surcharges to the treasurer of the
12county within which the forfeiture was incurred within 20 days after its receipt. In
13case of any failure in the payment
, the county treasurer may collect the payment of
14the officer by action, in the name of the office and upon the official bond of the officer,
15with interest at the rate of 12% per year from the time when it should have been paid.
16Penalty assessment payments shall be made as provided in s. 757.05. Jail
17assessment payments shall be made as provided in s. 302.46 (1). Crime laboratories
18and drug law enforcement assessment payments shall be paid as provided in s.
19165.755. Domestic abuse assessments shall be made as provided in s. 973.055.
20Enforcement assessments shall be made as provided in s. 253.06 (4) (c). Consumer
21protection assessment payments shall be made as provided in s. 100.261.
AB421, s. 167
22Section
167. 778.18 of the statutes is amended to read:
AB421,71,14
23778.18 Penalty upon municipal judge. If any municipal judge, of his or her
24own will, dismisses any action brought before the judge under this chapter, unless
25by order of the district attorney or attorney general or the person joined as plaintiff
1with the state, or renders a
less lesser judgment therein than is prescribed by law,
2or releases or discharges any such judgment or part thereof without payment or
3collection, the judge and the judge's sureties shall be liable, in an action upon the
4judge's bond, for the full amount of the forfeitures imposed by law or of the forfeiture
5imposed by the judge and for the
penalty assessment imposed by s. 757.05, the jail
6assessment imposed by s. 302.46 (1), the crime laboratories and drug law
7enforcement assessment imposed by s. 165.755, any applicable consumer protection
8assessment imposed by s. 100.261, and any applicable domestic abuse assessment
9imposed by s. 973.055 (1) costs, fees, and surcharges imposed under ch. 814, or for
10an amount equal to the amount in which any such judgment or any part thereof is
11released or discharged. If any municipal judge gives time or delay to any person
12against whom any such judgment is rendered by the judge, or takes any bond or
13security for its future payment, the judge and the judge's sureties shall also be liable
14for the payment of the judgment upon the judge's bond.
AB421, s. 168
15Section
168. 778.25 (2) (g) of the statutes is amended to read:
AB421,71,2316
778.25
(2) (g) Notice that if the defendant makes a deposit and fails to appear
17in court at the time fixed in the citation, the failure to appear will be considered
18tender of a plea of no contest and submission to a forfeiture,
penalty assessment, jail
19assessment and crime laboratories and drug law enforcement assessment plus costs,
20including any applicable fees
prescribed in, and surcharges imposed under ch. 814,
21not to exceed the amount of the deposit. The notice shall also state that the court may
22decide to summon the defendant or, if the defendant is an adult, issue an arrest
23warrant for the defendant rather than accept the deposit and plea.
AB421, s. 169
24Section
169. 778.25 (3) of the statutes is amended to read:
AB421,72,11
1778.25
(3) If a person is issued a citation under this section
, the person may
2deposit the amount of money
that the issuing agent or officer directs by mailing or
3delivering the deposit and a copy of the citation to the clerk of court of the county
4where the violation occurred or the office or headquarters of the agent or officer who
5issued the citation prior to the court appearance date. The basic amount of the
6deposit shall be determined under a deposit schedule established by the judicial
7conference. The judicial conference shall annually review and revise the schedule.
8In addition to the basic amount determined by the schedule
, the deposit shall include
9costs,
including any applicable fees
prescribed in, and surcharges imposed under ch.
10814
, penalty assessment, jail assessment and crime laboratories and drug law
11enforcement assessment.
AB421, s. 170
12Section
170. 778.25 (5) of the statutes is amended to read:
AB421,72,2313
778.25
(5) A person receiving a deposit shall prepare a receipt in triplicate
14showing the purpose for which the deposit is made, stating that the defendant may
15inquire at the office of the clerk of court regarding the disposition of the deposit, and
16notifying the defendant that if he or she fails to appear in court at the time fixed in
17the citation he or she will be deemed to have tendered a plea of no contest and
18submitted to a forfeiture,
penalty assessment, jail assessment and crime
19laboratories and drug law enforcement assessment plus costs,
including any
20applicable fees
prescribed in, and surcharges imposed under ch. 814, not to exceed
21the amount of the deposit which the court may accept. The original of the receipt
22shall be delivered to the defendant in person or by mail. If the defendant pays by
23check, the check is the receipt.
AB421, s. 171
24Section
171. 778.25 (8) (b) of the statutes is amended to read:
AB421,73,17
1778.25
(8) (b) If the defendant has made a deposit, the citation may serve as
2the initial pleading and the defendant shall be considered to have tendered a plea
3of no contest and submitted to a forfeiture,
penalty assessment, jail assessment and
4crime laboratories and drug law enforcement assessment plus costs,
including any
5applicable fees
prescribed in, and surcharges imposed under ch. 814, not exceeding
6the amount of the deposit. The court may either accept the plea of no contest and
7enter judgment accordingly, or reject the plea and issue a summons or arrest
8warrant, except
that if the defendant is a minor the court shall proceed under s.
9938.28. Chapter 938 governs taking and holding a minor in custody. If the court
10accepts the plea of no contest, the defendant may move within 90 days after the date
11set for appearance to withdraw the plea of no contest, open the judgment
, and enter
12a plea of not guilty if the defendant shows to the satisfaction of the court that failure
13to appear was due to mistake, inadvertence, surprise
, or excusable neglect. If a party
14is relieved from the plea of no contest, the court or judge may order a written
15complaint or petition to be filed. If on reopening the defendant is found not guilty,
16the court shall delete the record of conviction and shall order the defendant's deposit
17returned.
AB421, s. 172
18Section
172. 778.25 (10) of the statutes is amended to read:
AB421,74,219
778.25
(10) An officer collecting moneys for a forfeiture,
penalty assessment,
20jail assessment, crime laboratories and drug law enforcement assessment and plus 21costs
, fees, and surcharges imposed under ch. 814, under this section shall pay the
22same to the appropriate municipal or county treasurer within 20 days after
its their 23receipt by the officer, except that all jail
assessments surcharges imposed under ch.
24814 shall be paid to the county treasurer. If the officer fails to make timely payment,
25the municipal or county treasurer may collect the payment from the officer by an
1action in the treasurer's name of office and upon the official bond of the officer, with
2interest at the rate of 12% per year from the time when it should have been paid.
AB421, s. 173
3Section
173. 778.26 (2) (e) of the statutes is amended to read:
AB421,74,64
778.26
(2) (e) The maximum forfeiture,
penalty assessment, jail assessment
5and crime laboratories and drug law enforcement assessment plus costs, fees, and
6surcharges imposed under ch. 814, for which the defendant is liable.
AB421, s. 174
7Section
174. 778.26 (2) (g) of the statutes is amended to read:
AB421,74,158
778.26
(2) (g) Notice that
, if the defendant makes a deposit and fails to appear
9in court at the time specified in the citation, the failure to appear will be considered
10tender of a plea of no contest and submission to a forfeiture,
penalty assessment, jail
11assessment and crime laboratories and drug law enforcement assessment plus costs
,
12fees, and surcharges imposed under ch. 814, not to exceed the amount of the deposit.
13The notice shall also state that the court, instead of accepting the deposit and plea,
14may decide to summon the defendant or may issue an arrest warrant for the
15defendant upon failure to respond to a summons.
AB421, s. 175
16Section
175. 778.26 (2) (h) of the statutes is amended to read:
AB421,74,2517
778.26
(2) (h) Notice that
, if the defendant makes a deposit and signs the
18stipulation, the stipulation will be treated as a plea of no contest and submission to
19a forfeiture,
penalty assessment, jail assessment and crime laboratories and drug
20law enforcement assessment plus costs
, fees, and surcharges imposed under ch. 814, 21not to exceed the amount of the deposit. The notice shall also state that the court,
22instead of accepting the deposit and stipulation, may decide to summon the
23defendant or issue an arrest warrant for the defendant upon failure to respond to a
24summons, and that the defendant may, at any time prior to or at the time of the court
25appearance date, move the court for relief from the effect of the stipulation.
AB421, s. 176
1Section
176. 778.26 (3) of the statutes is amended to read:
AB421,75,112
778.26
(3) A defendant issued a citation under this section may deposit the
3amount of money
that the issuing officer directs by mailing or delivering the deposit
4and a copy of the citation prior to the court appearance date to the clerk of the circuit
5court in the county where the violation occurred or to the sheriff's office or police
6headquarters of the officer who issued the citation. The basic amount of the deposit
7shall be determined under a deposit schedule established by the judicial conference.
8The judicial conference shall annually review and revise the schedule. In addition
9to the basic amount determined by the schedule
, the deposit shall include the
penalty
10assessment, jail assessment, crime laboratories and drug law enforcement
11assessment and costs
, fees, and surcharges imposed under ch. 814.
AB421, s. 177
12Section
177. 778.26 (4) of the statutes is amended to read:
AB421,75,1813
778.26
(4) A defendant may make a stipulation of no contest by submitting a
14deposit and a stipulation in the manner provided by sub. (3) prior to the court
15appearance date. The signed stipulation is a plea of no contest and submission to a
16forfeiture
, plus the
penalty assessment, jail assessment, crime laboratories and drug
17law enforcement assessment and costs
, fees, and surcharges imposed under ch. 814, 18not to exceed the amount of the deposit.
AB421, s. 178
19Section
178. 778.26 (5) of the statutes is amended to read:
AB421,76,520
778.26
(5) Except as provided by sub. (6), a person receiving a deposit shall
21prepare a receipt in triplicate showing the purpose for which the deposit is made,
22stating that the defendant may inquire at the office of the clerk of the circuit court
23regarding the disposition of the deposit, and notifying the defendant that if he or she
24fails to appear in court at the time specified in the citation he or she shall be
25considered to have tendered a plea of no contest and submitted to a forfeiture,
1penalty assessment, jail assessment and crime laboratories and drug law
2enforcement assessment plus costs
, fees, and surcharges imposed under ch. 814, not
3to exceed the amount of the deposit and that the court may accept the plea. The
4original of the receipt shall be delivered to the defendant in person or by mail. If the
5defendant pays by check, the canceled check is the receipt.
AB421, s. 179
6Section
179. 778.26 (6) of the statutes is amended to read:
AB421,76,157
778.26
(6) The person receiving a deposit and stipulation of no contest shall
8prepare a receipt in triplicate showing the purpose for which the deposit is made,
9stating that the defendant may inquire at the office of the clerk of the circuit court
10regarding the disposition of the deposit, and notifying the defendant that if the
11stipulation of no contest is accepted by the court the defendant will be considered to
12have submitted to a forfeiture,
penalty assessment, jail assessment and crime
13laboratories and drug law enforcement assessment plus costs
, fees, and surcharges
14imposed under ch. 814, not to exceed the amount of the deposit. Delivery of the
15receipt shall be made in the same manner as provided in sub. (5).
AB421, s. 180
16Section
180. 778.26 (7) (b) of the statutes is amended to read:
AB421,77,617
778.26
(7) (b) If the defendant has made a deposit, the citation may serve as
18the initial pleading and the defendant shall be considered to have tendered a plea
19of no contest and submitted to a forfeiture,
penalty assessment, jail assessment and
20crime laboratories and drug law enforcement assessment plus costs
, fees, and
21surcharges imposed under ch. 814, not to exceed the amount of the deposit. The court
22may either accept the plea of no contest and enter judgment accordingly, or reject the
23plea and issue a summons. If the defendant fails to appear in response to the
24summons, the court shall issue an arrest warrant. If the court accepts the plea of no
25contest, the defendant may, within 90 days after the date set for appearance, move
1to withdraw the plea of no contest, open the judgment
, and enter a plea of not guilty
2if the defendant shows to the satisfaction of the court that failure to appear was due
3to mistake, inadvertence, surprise
, or excusable neglect. If a defendant is relieved
4from the plea of no contest, the court may order a written complaint or petition to be
5filed. If on reopening the defendant is found not guilty, the court shall delete the
6record of conviction and shall order the defendant's deposit returned.
AB421, s. 181
7Section
181. 778.26 (7) (c) of the statutes is amended to read:
AB421,77,198
778.26
(7) (c) If the defendant has made a deposit and stipulation of no contest,
9the citation serves as the initial pleading and the defendant shall be considered to
10have tendered a plea of no contest and submitted to a forfeiture,
penalty assessment,
11jail assessment and crime laboratories and drug law enforcement assessment plus
12costs
, fees, and surcharges imposed under ch. 814, not to exceed the amount of the
13deposit. The court may either accept the plea of no contest and enter judgment
14accordingly, or reject the plea and issue a summons or an arrest warrant. After
15signing a stipulation of no contest, the defendant may, at any time prior to or at the
16time of the court appearance date, move the court for relief from the effect of the
17stipulation. The court may act on the motion, with or without notice, for cause shown
18by affidavit and upon just terms, and relieve the defendant from the stipulation and
19the effects of the stipulation.
AB421, s. 182
20Section
182. 778.26 (9) of the statutes is amended to read:
AB421,78,221
778.26
(9) An officer who collects a forfeiture,
penalty assessment, jail
22assessment and crime laboratories and drug law enforcement assessment and and 23costs
, fees, and surcharges imposed under ch. 814, under this section shall pay the
24money to the county treasurer within 20 days after its receipt. If the officer fails to
25make timely payment, the county treasurer may collect the payment from the officer
1by an action in the treasurer's name of office and upon the official bond of the officer,
2with interest at the rate of 12% per year from the time when it should have been paid.
AB421, s. 183
3Section
183. 778.30 (1) (b) of the statutes is amended to read:
AB421,78,94
778.30
(1) (b) Issue an order assigning not more than 25% of the defendant's
5commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102
, and
6other money due or to be due in the future to the clerk of circuit court for payment
7of the unpaid forfeiture, costs,
assessment, surcharge or restitution
payment fees or
8surcharges. In this paragraph, "employer" includes the state and its political
9subdivisions.
AB421, s. 184
10Section
184. 800.02 (2) (a) 8. of the statutes is amended to read:
AB421,78,1911
800.02
(2) (a) 8. Notice that, if the defendant makes a deposit and fails to
12appear in court at the time fixed in the citation, the defendant is deemed to have
13tendered a plea of no contest and submits to a forfeiture,
penalty assessment, jail
14assessment, and crime laboratories and drug law enforcement assessment, any
15applicable consumer protection assessment, and any applicable domestic abuse
16assessment plus costs,
including the fee prescribed in s. 814.65 (1) fees, and
17surcharges imposed under ch. 814, not to exceed the amount of the deposit. The
18notice shall also state that the court may decide to summon the defendant rather
19than accept the deposit and plea.
AB421, s. 185
20Section
185. 800.02 (3) (a) 5. of the statutes is amended to read:
AB421,79,421
800.02
(3) (a) 5. A plain and concise statement of the violation identifying the
22event or occurrence from which the violation arose and showing that the plaintiff is
23entitled to relief, the ordinance, resolution
, or bylaw upon which the cause of action
24is based
, and a demand for a forfeiture, the amount of which shall not exceed the
25maximum set by the statute involved,
the penalty assessment, the jail assessment,
1the crime laboratories and drug law enforcement assessment, any applicable
2consumer protection assessment, any applicable domestic abuse assessment plus
3costs, fees, and surcharges imposed under ch. 814, and such other relief
that as is
4sought by the plaintiff.
AB421, s. 186
5Section
186. 800.03 (3) of the statutes is amended to read:
AB421,79,146
800.03
(3) The amount of the deposit shall be set by the municipal judge, but
7shall not be effective until approved by the governing body of the municipality. The
8amount shall not exceed the maximum penalty for the offense,
including any penalty
9assessment that would be applicable under s. 757.05, any jail assessment that would
10be applicable under s. 302.46 (1), any crime laboratories and drug law enforcement
11assessment that would be applicable under s. 165.755, any consumer protection
12assessment that would be applicable under s. 100.261, and any domestic abuse
13assessment that would be applicable under s. 973.055 (1), plus
court costs,
including
14the fee prescribed in s. 814.65 (1) fees, and surcharges imposed under ch. 814.
AB421, s. 187
15Section
187. 800.04 (2) (b) of the statutes is amended to read:
AB421,80,916
800.04
(2) (b) If the municipal judge determines that the defendant should not
17be released under par. (a) and the defendant is charged with a traffic or boating
18violation, the municipal judge shall release the defendant on a deposit in the amount
19established by the uniform deposit schedule under s. 345.26 (2) (a) or under s. 23.66.
20For other violations, the municipal judge shall establish a deposit in an amount not
21to exceed the maximum penalty for the offense,
including any penalty assessment
22that would be applicable under s. 757.05, any jail assessment that would be
23applicable under s. 302.46 (1), any crime laboratories and drug law enforcement
24assessment that would be applicable under s. 165.755, any consumer protection
25assessment that would be applicable under s. 100.261, and any domestic abuse
1assessment that would be applicable under s. 973.055 (1)
plus costs, fees, and
2surcharges imposed under ch. 814. If the judge in a 1st class city determines that
3a defendant appearing before the judge through interactive video and audio
4transmission should not be released under par. (a), the judge shall inform the
5defendant that he or she has the right to appear personally before a judge for a
6determination, not prejudiced by the first appearance, as to whether he or she should
7be released without a deposit. On failure of the defendant to make a deposit under
8this paragraph, he or she may be committed to jail pending trial only if the judge finds
9that there is a reasonable basis to believe the person will not appear in court.
AB421, s. 188
10Section
188. 800.04 (2) (c) of the statutes is amended to read:
AB421,80,2511
800.04
(2) (c) If the defendant has made a deposit under par. (b) or s. 800.03
12and does not appear, he or she is deemed to have tendered a plea of no contest and
13submits to a forfeiture,
a penalty assessment imposed by s. 757.05, a jail assessment
14imposed by s. 302.46 (1), a crime laboratories and drug law enforcement assessment
15imposed by s. 165.755, any applicable consumer protection assessment imposed by
16s. 100.261, and any applicable domestic abuse assessment imposed by s. 973.055 (1) 17plus costs,
including the fee prescribed in s. 814.65 (1) fees, and surcharges imposed
18under ch. 814, not exceeding the amount of the deposit. The court may either accept
19the plea of no contest and enter judgment accordingly, or reject the plea and issue a
20summons. If the court finds that the violation meets the conditions in s. 800.093 (1),
21the court may summon the alleged violator into court to determine if restitution shall
22be ordered under s. 800.093. If the defendant fails to appear in response to the
23summons, the court shall issue a warrant under s. 968.09. If the defendant has made
24a deposit but does appear, the court shall allow the defendant to withdraw the plea
25of no contest.
AB421, s. 189
1Section
189. 800.09 (1) (intro.) of the statutes is amended to read:
AB421,81,132
800.09
(1) Judgment. (intro.) If a municipal court finds a defendant guilty
, it
3may render judgment by ordering restitution under s. 800.093 and payment of a
4forfeiture,
the penalty assessment imposed by s. 757.05, the jail assessment imposed
5by s. 302.46 (1), the crime laboratories and drug law enforcement assessment
6imposed by s. 165.755, any applicable consumer protection assessment imposed by
7s. 100.261, and any applicable domestic abuse assessment imposed by s. 973.055 (1) 8plus costs
of prosecution, including the fee prescribed in s. 814.65 (1), fees, and
9surcharges imposed under ch. 814. The court shall apply any payment received on
10a judgment that includes restitution to first satisfy any payment of restitution
11ordered, then to pay the forfeiture,
assessments, and costs
, fees, and surcharges. If
12the judgment is not paid, the court may proceed under par. (a), (b), or (c) or any
13combination of those paragraphs, as follows:
AB421, s. 190
14Section
190. 800.09 (1) (a) of the statutes is amended to read:
AB421,82,215
800.09
(1) (a) The court may defer payment of any judgment or provide for
16installment payments. At the time
that the judgment is rendered, the court shall
17inform the defendant, orally and in writing, of the date by which restitution and the
18payment of the forfeiture,
the penalty assessment, the jail assessment, the crime
19laboratories and drug law enforcement assessment, any applicable consumer
20protection assessment, and any applicable domestic abuse assessment plus costs
,
21fees, and surcharges imposed under ch. 814, must be made, and of the possible
22consequences of failure to do so in timely fashion, including imprisonment, as
23provided in s. 800.095, or suspension of the defendant's motor vehicle operating
24privilege, as provided in par. (c), if applicable. If the defendant is not present, the
25court shall ensure that the information is sent to the defendant by mail. In 1st class
1cities, all of the written information required by this paragraph shall be printed in
2English and Spanish and provided to each defendant.
AB421, s. 191
3Section
191. 800.09 (2) (b) of the statutes is amended to read:
AB421,82,204
800.09
(2) (b) If the person charged fails to appear personally or by an attorney
5at the time fixed for hearing of the case, the defendant may be deemed to have
6entered a plea of no contest and the money deposited, if any, or such portion thereof
7as the court determines to be an adequate penalty,
plus the penalty assessment, the
8jail assessment, the crime laboratories and drug law enforcement assessment, any
9applicable consumer protection assessment, and any applicable domestic abuse
10assessment plus costs,
including the fee prescribed in s. 814.65 (1) fees, and
11surcharges imposed under ch. 814, may be declared forfeited by the court or may be
12ordered applied upon the payment of any penalty which may be imposed,
together
13with the penalty assessment, the jail assessment, the crime laboratories and drug
14law enforcement assessment, any applicable consumer protection assessment, and
15any applicable domestic abuse assessment plus costs
, fees, and surcharges imposed
16under ch. 814. If the court finds that the violation meets the conditions in s. 800.093
17(1), the court may summon the alleged violator into court to determine if restitution
18shall be ordered under s. 800.093. Any money remaining after payment of any
19penalties,
assessments surcharges, costs,
fees, and restitution shall be refunded to
20the person who made the deposit.
AB421, s. 192
21Section
192. 800.10 (2) of the statutes is amended to read:
AB421,83,922
800.10
(2) All forfeitures, fees,
penalty assessments, crime laboratories and
23drug law enforcement assessments, consumer protection assessments, domestic
24abuse assessments surcharges, and costs paid to a municipal court under a judgment
25before a municipal judge shall be paid to the municipal treasurer within 7 days after
1receipt of the money by a municipal judge or other court personnel. At the time of
2the payment, the municipal judge shall report to the municipal treasurer the title of
3the action, the offense for which a forfeiture was imposed and the total amount of the
4forfeiture, fees,
penalty assessments, crime laboratories and drug law enforcement
5assessments, consumer protection assessments, domestic abuse assessments 6surcharges, and costs, if any. The treasurer shall disburse the fees as provided in s.
7814.65 (1). All jail
assessments surcharges paid to a municipal court under a
8judgment before a municipal judge shall be paid to the county treasurer within 7
9days after receipt of the money by a municipal judge or other court personnel.
AB421, s. 193
10Section
193. 800.12 (2) of the statutes is amended to read:
AB421,83,1811
800.12
(2) A municipality may by ordinance provide that a municipal judge
12may impose a forfeiture for contempt under sub. (1) in an amount not to exceed $50
13or, upon nonpayment of the forfeiture,
penalty assessment under s. 757.05, jail
14assessment under s. 302.46, crime laboratories and drug law enforcement
15assessment under s. 165.755, any applicable consumer protection assessment under
16s. 100.261, and any applicable domestic abuse assessment under s. 973.055 (1) plus
17costs, fees, and surcharges imposed under ch. 814, a jail sentence not to exceed 7
18days.
AB421, s. 194
19Section
194. Chapter 814 (title) of the statutes is amended to read:
AB421,83,2020
CHAPTER 814
AB421,83,2221
COURT COSTS
AND, FEES
,
22
and surcharges
AB421, s. 195
23Section
195. 814.60 (2) of the statutes is repealed and recreated to read:
AB421,83,2524
814.60
(2) In addition to any fine imposed, a defendant shall pay the costs, fees,
25and surcharges imposed under this chapter.
AB421, s. 196
1Section
196. 814.63 (3) of the statutes is repealed and recreated to read:
AB421,84,32
814.63
(3) In addition to any forfeiture imposed, a defendant shall pay the
3costs, fees, and surcharges imposed under this chapter.
AB421, s. 197
4Section
197. 814.634 (title) of the statutes is renumbered 814.85 (title) and
5amended to read:
AB421,84,6
6814.85 (title)
Fee for court
Court support services surcharge.
AB421, s. 198
7Section
198. 814.634 (1) (a) to (c) of the statutes are renumbered 814.85 (1)
8(a) to (c) and amended to read:
AB421,84,129
814.85
(1) (a) Except for an action for a safety belt use violation under s. 347.48
10(2m), the clerk of circuit court shall charge and collect a $52 court support services
11fee surcharge from any person, including any governmental unit
, as defined in s.
12108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am) or 814.63 (1).
AB421,84,1713
(b) Notwithstanding par. (a), the clerk of circuit court shall charge and collect
14a $130 court support services
fee surcharge from any person, including any
15governmental unit
, as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a)
16or (3) or 814.62 (1) or (2), if the party paying the fee seeks the recovery of money and
17the amount claimed exceeds the amount under s. 799.01 (1) (d).
AB421,84,2318
(c) Notwithstanding par. (a), the clerk of circuit court shall charge and collect
19a $39 court support services
fee surcharge from any person, including any
20governmental unit
, as defined in s. 108.02 (17), paying a fee under s. 814.62 (3) (a)
21or (b), or paying a fee under s. 814.61 (1) (a) or (3) or 814.62 (1) or (2) if the party
22paying the fee seeks the recovery of money and the amount claimed is equal to or less
23than the amount under s. 799.01 (1) (d).
AB421, s. 199
24Section
199. 814.634 (1) (d) of the statutes is renumbered 814.85 (1) (d) and
25amended to read:
AB421,85,2
1814.85
(1) (d) The court support services
fee surcharge is in addition to the
2other fees listed in this subsection.
AB421, s. 200
3Section
200. 814.634 (2) of the statutes is renumbered 814.85 (2).
AB421, s. 201
4Section
201. 814.635 of the statutes is renumbered 814.86, and 814.86 (title),
5(1) and (1m), as renumbered, are amended to read:
AB421,85,12
6814.86 (title)
Justice information system
fee surcharge and special
7prosecution clerks fee surcharge
. (1) Except for an action for a safety belt use
8violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $9
9justice information system
fee surcharge from any person, including any
10governmental unit
, as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a),
11(3)
, or (8) (am), 814.62 (1), (2)
, or (3) (a) or (b)
, or 814.63 (1). The justice information
12system
fee surcharge is in addition to the
other fees surcharge listed in this section.
AB421,85,17
13(1m) Beginning
on October 1, 1995, whenever the clerk of circuit court for
14Milwaukee County charges and collects a
fee surcharge under sub. (1), he or she shall
15also charge and collect a $2 special prosecution clerks
fee surcharge. The special
16prosecution clerks
fee surcharge is in addition to the
other fees surcharge listed in
17sub. (1).
AB421, s. 202
18Section
202. Subchapter III of chapter 814 [precedes 814.75] of the statutes
19is created to read:
AB421,85,2020
Chapter 814
AB421,85,2221
Subchapter III
22
Surcharges
AB421,85,25
23814.75 Court-imposed surcharges. The following surcharges shall be
24imposed by the court, in addition to the fine or forfeiture and costs and fees imposed
25under this chapter, if applicable:
AB421,86,1
1(1) The consumer information surcharge under s. 100.261.
AB421,86,2
2(2) The court support services surcharge under s. 814.85.
AB421,86,4
3(3) The crime laboratories and drug law enforcement surcharge under s.
4165.755.
AB421,86,6
5(4) The crime prevention organization contribution surcharge under s. 753.40,
6973.06 (1) (f), or 973.09 (1x).
AB421,86,7
7(5) The crime victim and witness surcharge under s. 973.045.
AB421,86,8
8(6) The delinquency victim and witness surcharge under s. 938.34 (8d) (a).
AB421,86,9
9(7) The deoxyribonucleic acid analysis surcharge under s. 973.046.
AB421,86,10
10(8) The domestic abuse surcharge under s. 971.37 (1m) (c) 1. or 973.055.