AB421,96,105
(a) Issue a judgment for the unpaid amount and direct the clerk to file and
6docket a transcript of the judgment, without fee. If the court issues a judgment for
7the unpaid amount, the court shall send to the defendant at his or her last-known
8address written notification that a civil judgment has been issued for the unpaid fine,
9assessment, surcharge
or restitution payment, costs, or fees. The judgment has the
10same force and effect as judgments docketed under s. 806.10.
AB421,96,1511
(b) Issue an order assigning not more than 25% of the defendant's commissions,
12earnings, salaries, wages, pension benefits, benefits under ch. 102
, and other money
13due or to be due in the future to the clerk of circuit court for payment of the unpaid
14fine,
assessment, surcharge
or restitution payment, costs, or fees. In this paragraph,
15"employer" includes the state and its political subdivisions.
AB421,96,1816
(c) Issue an order assigning lottery prizes won by a defendant whose name is
17on the list supplied to the clerk of circuit court under s. 565.30 (5r) (a), for payment
18of the unpaid fine,
assessment, surcharge
or restitution payment, costs, or fees.
AB421, s. 213
19Section
213. 973.055 (1) (intro.) of the statutes is amended to read:
AB421,96,2320
973.055
(1) (intro.) If a court imposes a sentence on an adult person or places
21an adult person on probation, regardless of whether any fine is imposed, the court
22shall impose a domestic abuse
assessment surcharge under ch. 814 of $50 for each
23offense if:
AB421, s. 214
24Section
214. 973.055 (2) (a) of the statutes is amended to read:
AB421,97,5
1973.055
(2) (a) If the
assessment surcharge is imposed by a court of record, after
2the court determines the amount due, the clerk of the court shall collect and transmit
3the amount to the county treasurer as provided in s. 59.40 (2) (m). The county
4treasurer shall then make payment to the state treasurer as provided in s. 59.25 (3)
5(f) 2.
AB421, s. 215
6Section
215. 973.055 (2) (b) of the statutes is amended to read:
AB421,97,117
973.055
(2) (b) If the
assessment
surcharge is imposed by a municipal court,
8after a determination by the court of the amount due, the court shall collect and
9transmit the amount to the treasurer of the county, city, town, or village, and that
10treasurer shall make payment to the state treasurer as provided in s. 66.0114 (1)
11(bm).
AB421, s. 216
12Section
216. 973.055 (3) of the statutes is amended to read:
AB421,97,1513
973.055
(3) All moneys collected from domestic abuse
assessments surcharges 14shall be deposited by the state treasurer in s. 20.435 (3) (hh) and utilized in
15accordance with s. 46.95.
AB421, s. 217
16Section
217. 973.055 (4) of the statutes is amended to read:
AB421,97,1917
973.055
(4) A court may waive part or all of the domestic abuse
assessment 18surcharge under this section if it determines that the imposition of the full
19assessment surcharge would have a negative impact on the offender's family.
AB421, s. 218
20Section
218. 973.06 (title) of the statutes is amended to read:
AB421,97,21
21973.06 (title)
Costs, fees, and surcharges.
AB421, s. 219
22Section
219. 973.06 (1) (intro.) of the statutes is amended to read:
AB421,97,2423
973.06
(1) (intro.) Except as provided in s. 93.20, the costs
, fees, and surcharges 24taxable against the defendant shall consist of the following items and no others:
AB421, s. 220
25Section
220. 973.06 (1) (f) 1. (intro.) of the statutes is amended to read:
AB421,98,4
1973.06
(1) (f) 1. (intro.) An amount determined by the court to make a
2reasonable contribution
surcharge to any of the following, if the court determines
3that the person has the financial ability to make the contribution
surcharge and the
4contribution
surcharge is appropriate:
AB421, s. 221
5Section
221. 973.06 (1) (f) 2. of the statutes is amended to read:
AB421,98,146
973.06
(1) (f) 2. If the court does require a person to make a contribution
7surcharge to an organization or agency specified in subd. 1. but does not require the
8person to pay any fine that may be imposed for the offense or court costs, the court
9shall state on the record the reasons why it is not requiring the person to pay the fine
10or court costs. All
contributions contribution surcharges made under this paragraph
11shall be made to the clerk of circuit court for distribution to the organization or
12agency specified in subd. 1. The court may not order a person to make a contribution
13surcharge under this paragraph to a crime prevention organization that has not
14complied with the provisions of s. 757.17.
AB421, s. 222
15Section
222. 973.07 of the statutes is amended to read:
AB421,99,15
16973.07 Failure to pay fine, fees, surcharges, or costs or to comply with
17certain community service work. If the fine,
plus costs,
penalty assessment, jail
18assessment, crime victim and witness assistance surcharge, crime laboratories and
19drug law enforcement assessment, applicable deoxyribonucleic acid analysis
20surcharge, applicable drug abuse program improvement surcharge, applicable
21consumer protection assessment, applicable domestic abuse assessment, applicable
22driver improvement surcharge, applicable truck driver education assessment,
23applicable enforcement assessment under s. 253.06 (4) (c), applicable weapons
24assessment, applicable uninsured employer assessment, applicable environmental
25assessment, applicable wild animal protection assessment, applicable natural
1resources assessment, and applicable natural resources restitution payments fees,
2and surcharges imposed under ch. 814, are not paid or community service work
3under s. 943.017 (3) is not completed as required by the sentence, the defendant may
4be committed to the county jail until the fine, costs,
penalty assessment, jail
5assessment, crime victim and witness assistance surcharge, crime laboratories and
6drug law enforcement assessment, applicable deoxyribonucleic acid analysis
7surcharge, applicable drug abuse program improvement surcharge, applicable
8consumer protection assessment, applicable domestic abuse assessment, applicable
9driver improvement surcharge, applicable truck driver education assessment,
10applicable enforcement assessment under s. 253.06 (4) (c), applicable weapons
11assessment, applicable uninsured employer assessment, applicable environmental
12assessment, applicable wild animal protection assessment, applicable natural
13resources assessment or applicable natural resources restitution payments fees, and
14surcharges are paid or discharged, or the community service work under s. 943.017
15(3) is completed, for a period fixed by the court not to exceed 6 months.
AB421, s. 223
16Section
223. 973.09 (1x) of the statutes is amended to read:
AB421,99,2017
973.09
(1x) (a) If the court places a person on probation, the court may require
,
18under ch. 814, that the probationer make a contribution
surcharge to an organization
19or agency specified in s. 973.06 (1) (f) 1. if the court determines that the probationer
20has the financial ability to make the contribution
surcharge.
AB421,99,2521
(b) If the court does require a person to make a contribution
surcharge to an
22organization or agency specified in s. 973.06 (1) (f) 1. but does not require the person
23to pay any fine that may be imposed for the offense or court costs, the court shall state
24on the record the reasons why it is not requiring the person to pay the fine or court
25costs. All
contributions contribution surcharges made under this subsection shall be
1made to the clerk of circuit court for distribution to the organization or agency
2specified in s. 973.06 (1) (f) 1. The court may not require a person to make a
3contribution
surcharge under this subsection to an organization or agency specified
4in s. 973.06 (1) (f) 1. that has not complied with the provisions of s. 757.17.
AB421, s. 224
5Section
224. 973.20 (11) (a) of the statutes is amended to read:
AB421,100,166
973.20
(11) (a) Except as otherwise provided in this paragraph, the restitution
7order shall require the defendant to deliver the amount of money or property due as
8restitution to the department for transfer to the victim or other person to be
9compensated by a restitution order under this section. If the defendant is not placed
10on probation or sentenced to prison, the court may order that restitution be paid to
11the clerk of court for transfer to the appropriate person. The court shall
require 12impose on the defendant
to pay a
restitution surcharge
under ch. 814 equal to 5% of
13the total amount of any restitution, costs
and, attorney fees
and any, court fees, fines
, 14and
related payments surcharges ordered under s. 973.05 (1)
and imposed under ch.
15814, which shall be paid to the department or
the clerk of court for administrative
16expenses under this section.
AB421, s. 225
17Section
225. 973.20 (12) (a) of the statutes is amended to read:
AB421,100,2518
973.20
(12) (a) If the court orders restitution in addition to the payment of fines,
19related payments costs, fees, and surcharges under
s. ss. 973.05 and
costs under s. 20973.06
and ch. 814, it shall set the amount of fines,
related payments and costs
, fees,
21and surcharges in conjunction with the amount of restitution and issue a single
22order, signed by the judge, covering all of the payments. If the costs for legal
23representation by a private attorney appointed under s. 977.08 are not established
24at the time of issuance of the order, the court may revise the order to include those
25costs at a later time.
AB421, s. 226
1Section
226. 973.20 (12) (b) of the statutes is amended to read:
AB421,101,62
973.20
(12) (b) Except as provided in par. (c), payments shall be applied first
3to satisfy the ordered restitution in full, then to pay any fines or
related payments 4surcharges under s. 973.05, then to pay costs
, fees, and surcharges under ch. 814 5other than attorney fees and finally to reimburse county or state costs of legal
6representation.
AB421,101,98
(1) This act first applies to actions commenced on the effective date of this
9subsection.
AB421,101,1211
(1) This act takes effect on January 1, 2004, or on the day after publication,
12whichever is later.