AB421: Bill Text

AB421,91,5 (9) The penalty surcharge under s. 757.05.

AB421, s. 203 Section 203. 938.237 (2) of the statutes is amended to read:

AB421,91,15 938.237 (2) The procedures for issuance and filing of a citation, and for forfeitures, stipulations, and deposits in ss. 23.50 to 23.67, 23.75 (3) and (4), s. 66.0113, 778.25, 778.26, and 800.01 to 800.04 except s. 800.04 (2) (b), when the citation is issued by a law enforcement officer, shall be used as appropriate, except that this chapter shall govern taking and holding a juvenile in custody, s. 938.37 shall govern costs, penalty assessments and jail assessments fees, and surcharges imposed under ch. 814, and a capias shall be substituted for an arrest warrant. Sections 66.0113 (3) (c) and (d), s. 66.0114 (1), and 778.10 as they relate to collection of forfeitures do not apply.

AB421, s. 204 Section 204. 938.37 (1) of the statutes is amended to read:

AB421,91,20 938.37 (1) A court assigned to exercise jurisdiction under this chapter and ch. 48 may not assess impose costs, fees, or assessments surcharges under ch. 814 against a juvenile under 14 years of age but. A court may assess impose costs , fees, and surcharges under ch. 814 against a juvenile 14 years of age or older.

AB421, s. 205 Section 205. 938.37 (3) of the statutes is amended to read:

AB421,92,2 938.37 (3) Notwithstanding sub. (1), courts of civil and criminal jurisdiction exercising jurisdiction under s. 938.17 may assess the same costs, penalty assessments and jail assessments fees, and surcharges imposed under ch. 814 against juveniles as they may assess against adults, except that witness fees may not be charged to the juvenile.

AB421, s. 206 Section 206. 961.41 (5) (a) of the statutes is amended to read:

AB421,92,6 961.41 (5) (a) When a court imposes a fine for a violation of this section, it shall also impose a drug abuse program improvement surcharge under ch. 814 in an amount of 50% of the fine and penalty assessment surcharge imposed.

AB421, s. 207 Section 207. 971.37 (1m) (c) 1. (intro.) of the statutes is amended to read:

AB421,92,11 971.37 (1m) (c) 1. (intro.) The agreement may provide as one of its conditions that a person covered under sub. (1) (b) or (c) pay the domestic abuse assessment surcharge under s. 973.055. Payments and collections under this subdivision are subject to s. 973.055 (2) to (4), except as follows:

AB421, s. 208 Section 208. 971.37 (1m) (c) 1. a. of the statutes is amended to read:

AB421,92,17 971.37 (1m) (c) 1. a. The district attorney shall determine the amount due. The district attorney may authorize less than a full assessment surcharge if he or she believes that full payment would have a negative impact on the offender's family. The district attorney shall provide the clerk of circuit court with the information necessary to comply with subd. 1. b.

AB421, s. 209 Section 209. 973.05 (1) of the statutes is amended to read:

AB421,93,23 973.05 (1) When a defendant is sentenced to pay a fine, the court may grant permission for the payment of the fine, the penalty assessment imposed by s. 757.05, the jail assessment imposed by s. 302.46 (1), the crime victim and witness assistance surcharge under s. 973.045, the crime laboratories and drug law enforcement assessment imposed by s. 165.755, 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 consumer protection assessment imposed by s. 100.261, 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 truck driver education assessment imposed by s. 349.04, any applicable enforcement assessment imposed by s. 253.06 (4) (c), 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. 29.983, any applicable natural resources assessment imposed by s. 29.987 or 169.46 (1), and any applicable natural resources restitution payment imposed by s. 29.989 or 169.46 (2) plus costs, fees, and surcharges imposed under ch. 814, to be made within a period not to exceed 60 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, the crime laboratories and drug law enforcement assessment, any applicable deoxyribonucleic acid analysis surcharge, any applicable drug abuse program improvement surcharge, any applicable consumer protection assessment, any applicable domestic abuse assessment, any applicable driver improvement surcharge, any applicable truck driver education assessment, any applicable enforcement assessment, 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 plus costs, fees, and surcharges imposed under ch. 814, shall be payable immediately.

AB421, s. 210 Section 210. 973.05 (2) of the statutes is amended to read:

AB421,94,14 973.05 (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, the crime laboratories and drug law enforcement assessment, any applicable deoxyribonucleic acid analysis surcharge, any applicable drug abuse program improvement surcharge, any applicable consumer protection assessment, any applicable domestic abuse assessment, any applicable uninsured employer assessment, any applicable driver improvement surcharge, any applicable truck driver education assessment, any applicable enforcement assessment under s. 253.06 (4) (c), 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 plus costs, fees, and surcharges imposed under ch. 814, a condition of probation. When the payments are made a condition of probation by the court, payments thereon

AB421,95,13 (2m) Payments under this section shall be applied first to payment of the penalty assessment surcharge until paid in full, shall then be applied to the payment of the jail assessment surcharge 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 crime laboratories and drug law enforcement assessment 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 program 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 the truck driver education assessment surcharge if applicable until paid in full, shall then be applied to payment of the domestic abuse assessment surcharge until paid in full, shall then be applied to payment of the consumer protection assessment surcharge until paid in full, shall then be applied to payment of the natural resources assessment surcharge if applicable until paid in full, shall then be applied to payment of the natural resources restitution payment surcharge until paid in full, shall then be applied to the payment of the environmental assessment surcharge if applicable until paid in full, shall then be applied to the payment of the wild animal protection assessment surcharge if applicable until paid in full, shall then be applied to payment of the weapons assessment surcharge until paid in full, shall then be applied to payment of the uninsured employer assessment surcharge until paid in full, shall then be applied to payment of the enforcement assessment surcharge under s. 253.06 (4) (c), if applicable, until paid in full, and shall then be applied to payment of the fine and the costs and fees imposed under ch. 814.

AB421, s. 211 Section 211. 973.05 (3) (a) of the statutes is amended to read:

AB421,95,25 973.05 (3) (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 Any applicable driver improvement surcharge under s. 346.655 or any domestic abuse assessment imposed by surcharge under s. 973.055 shall be imposed under ch. 814 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.

AB421, s. 212 Section 212. 973.05 (4) of the statutes is amended to read:

AB421,96,4 973.05 (4) If a defendant fails to pay the fine, assessment, surcharge or restitution payment, costs, or fees within the period specified under sub. (1) or (1m), the court may do any of the following:

AB421,96,10 (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, costs, or fees. The judgment has the same force and effect as judgments docketed under s. 806.10.

AB421,96,15 (b) Issue an order assigning 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 of circuit court for payment of the unpaid fine, assessment, surcharge or restitution payment, costs, or fees. In this paragraph, "employer" includes the state and its political subdivisions.

AB421,96,18 (c) Issue an order assigning lottery prizes won by a defendant whose name is on the list supplied to the clerk of circuit court under s. 565.30 (5r) (a), for payment of the unpaid fine, assessment, surcharge or restitution payment, costs, or fees.

AB421, s. 213 Section 213. 973.055 (1) (intro.) of the statutes is amended to read:

AB421,96,23 973.055 (1) (intro.) 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 surcharge under ch. 814 of $50 for each offense if:

AB421, s. 214 Section 214. 973.055 (2) (a) of the statutes is amended to read:

AB421,97,5 973.055 (2) (a) If the assessment surcharge 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.

AB421, s. 215 Section 215. 973.055 (2) (b) of the statutes is amended to read:

AB421,97,11 973.055 (2) (b) If the assessment surcharge 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. 66.0114 (1) (bm).

AB421, s. 216 Section 216. 973.055 (3) of the statutes is amended to read:

AB421,97,15 973.055 (3) All moneys collected from domestic abuse assessments surcharges shall be deposited by the state treasurer in s. 20.435 (3) (hh) and utilized in accordance with s. 46.95.

AB421, s. 217 Section 217. 973.055 (4) of the statutes is amended to read:

AB421,97,19 973.055 (4) A court may waive part or all of the domestic abuse assessment surcharge under this section if it determines that the imposition of the full assessment surcharge would have a negative impact on the offender's family.

AB421, s. 218 Section 218. 973.06 (title) of the statutes is amended to read:

AB421,97,21 973.06 (title) Costs, fees, and surcharges.

AB421, s. 219 Section 219. 973.06 (1) (intro.) of the statutes is amended to read:

AB421,97,24 973.06 (1) (intro.) Except as provided in s. 93.20, the costs, fees, and surcharges taxable against the defendant shall consist of the following items and no others:

AB421, s. 220 Section 220. 973.06 (1) (f) 1. (intro.) of the statutes is amended to read:

AB421,98,4 973.06 (1) (f) 1. (intro.) An amount determined by the court to make a reasonable contribution surcharge to any of the following, if the court determines that the person has the financial ability to make the contribution surcharge and the contribution surcharge is appropriate:

AB421, s. 221 Section 221. 973.06 (1) (f) 2. of the statutes is amended to read:

AB421,98,14 973.06 (1) (f) 2. If the court does require a person to make a contribution surcharge to an organization or agency specified in subd. 1. but does not require the person to pay any fine that may be imposed for the offense or court costs, the court shall state on the record the reasons why it is not requiring the person to pay the fine or court costs. All contributions contribution surcharges made under this paragraph shall be made to the clerk of circuit court for distribution to the organization or agency specified in subd. 1. The court may not order a person to make a contribution surcharge under this paragraph to a crime prevention organization that has not complied with the provisions of s. 757.17.

AB421, s. 222 Section 222. 973.07 of the statutes is amended to read:

AB421,99,15 973.07 Failure to pay fine, fees, surcharges, or costs or to comply with certain community service work. If the fine, plus costs, penalty assessment, jail assessment, crime victim and witness assistance surcharge, crime laboratories and drug law enforcement assessment, applicable deoxyribonucleic acid analysis surcharge, applicable drug abuse program improvement surcharge, applicable consumer protection assessment, applicable domestic abuse assessment, applicable driver improvement surcharge, applicable truck driver education assessment, applicable enforcement assessment under s. 253.06 (4) (c), 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 fees, and surcharges imposed under ch. 814, 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, crime laboratories and drug law enforcement assessment, applicable deoxyribonucleic acid analysis surcharge, applicable drug abuse program improvement surcharge, applicable consumer protection assessment, applicable domestic abuse assessment, applicable driver improvement surcharge, applicable truck driver education assessment, applicable enforcement assessment under s. 253.06 (4) (c), 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 fees, and surcharges 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.

AB421, s. 223 Section 223. 973.09 (1x) of the statutes is amended to read:

AB421,99,20 973.09 (1x) (a) If the court places a person on probation, the court may require, under ch. 814, that the probationer make a contribution surcharge to an organization or agency specified in s. 973.06 (1) (f) 1. if the court determines that the probationer has the financial ability to make the contribution surcharge.

AB421,99,25 (b) If the court does require a person to make a contribution surcharge to an organization or agency specified in s. 973.06 (1) (f) 1. but does not require the person to pay any fine that may be imposed for the offense or court costs, the court shall state on the record the reasons why it is not requiring the person to pay the fine or court costs. All contributions contribution surcharges made under this subsection shall be made to the clerk of circuit court for distribution to the organization or agency specified in s. 973.06 (1) (f) 1. The court may not require a person to make a contribution surcharge under this subsection to an organization or agency specified in s. 973.06 (1) (f) 1. that has not complied with the provisions of s. 757.17.

AB421, s. 224 Section 224. 973.20 (11) (a) of the statutes is amended to read:

AB421,100,16 973.20 (11) (a) Except as otherwise provided in this paragraph, the restitution order shall require the defendant to deliver the amount of money or property due as restitution to the department for transfer to the victim or other person to be compensated by a restitution order under this section. If the defendant is not placed on probation or sentenced to prison, the court may order that restitution be paid to the clerk of court for transfer to the appropriate person. The court shall require impose on the defendant to pay a restitution surcharge under ch. 814 equal to 5% of the total amount of any restitution, costs and, attorney fees and any, court fees, fines, and related payments surcharges ordered under s. 973.05 (1) and imposed under ch. 814, which shall be paid to the department or the clerk of court for administrative expenses under this section.

AB421, s. 225 Section 225. 973.20 (12) (a) of the statutes is amended to read:

AB421,100,25 973.20 (12) (a) If the court orders restitution in addition to the payment of fines, related payments costs, fees, and surcharges under s. ss. 973.05 and costs under s. 973.06 and ch. 814, it shall set the amount of fines, related payments and costs, fees, and surcharges in conjunction with the amount of restitution and issue a single order, signed by the judge, covering all of the payments. If the costs for legal representation by a private attorney appointed under s. 977.08 are not established at the time of issuance of the order, the court may revise the order to include those costs at a later time.

AB421, s. 226 Section 226. 973.20 (12) (b) of the statutes is amended to read:

AB421,101,6 973.20 (12) (b) Except as provided in par. (c), payments shall be applied first to satisfy the ordered restitution in full, then to pay any fines or related payments surcharges under s. 973.05, then to pay costs, fees, and surcharges under ch. 814 other than attorney fees and finally to reimburse county or state costs of legal representation.

AB421, s. 227 Section 227. Initial applicability.

AB421,101,9 (1) This act first applies to actions commenced on the effective date of this subsection.

AB421, s. 228 Section 228. Effective date.

AB421,101,12 (1) This act takes effect on January 1, 2004, or on the day after publication, whichever is later.

AB421,101,13 (End)