2011 - 2012 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2011 ASSEMBLY BILL 385
February 27, 2012 - Offered by Representative Jacque.
AB385-ASA1,1,5 1An Act to renumber and amend 973.045 (2); to amend 23.85, 59.40 (2) (n),
2973.045 (1) (a) and 973.045 (1) (b); and to create 59.25 (3) (gm), 757.17, 973.045
3(1r) (a) 4., 973.045 (2) (b) and 973.045 (3) (d) of the statutes; relating to:
4increasing the crime victim and witness assistance surcharge and dedicating
5funds for crime prevention organizations.
Analysis by the Legislative Reference Bureau
Under current law, if a person commits a crime, the court that sentences the
person or places the person on probation must impose a surcharge in addition to any
other sentence imposed upon the person. Currently, if the person is convicted of a
misdemeanor, he or she must pay $67; if the person is convicted of a felony, he or she
must pay $92. The surcharge is divided three ways: part A ($40 for each
misdemeanor surcharge and $65 for each felony surcharge), part B ($20 for each
misdemeanor and felony surcharge), and part C ($7 for each misdemeanor and felony
surcharge).
Currently, the clerk of courts collects the surcharge amounts and forwards
them to the county treasurer, who in turn forwards them to the Department of
Administration to help fund programs for victims and witnesses of crime. Funds
from parts A and C are used to reimburse victims and witnesses and reimburse

counties for victim and witness programs. Funds from part B are used to fund
services for victims of sexual assault. Current law requires a person who is assessed
this surcharge to pay part A in full before he or she pays part B, and both parts A and
B before he or she pays part C.
This substitute amendment increases the surcharge by $10 for a misdemeanor
and for a felony. The substitute amendment creates a part D, which is funded by $10
for each misdemeanor or felony and which a person who is assessed the surcharge
may pay only after he or she pays parts A, B, and C in full. Under the substitute
amendment, the clerk of court forwards the amounts collected under part D to the
county treasurer along with the other parts of the surcharge, but the treasurer
retains those funds in a crime prevention fund.
Under the substitute amendment, the county treasurer, with the approval of
the county board, pays the funds it receives from part D of the surcharge to a crime
prevention organization. At least one-half of the funds must go to one or more
private, nonprofit organizations that has as its primary purpose preventing crime,
encouraging the public to report crime, or assisting law enforcement agencies in the
apprehension of criminal offenders. The treasurer may pay the rest of the funds to
a law enforcement agency that has a crime prevention fund, if the contribution is
credited to the crime prevention fund and is used for crime prevention purposes. The
substitute amendment requires any crime prevention organization that receives a
contribution surcharge to submit a report annually to the clerk of the court that
ordered the contribution. The report must list the names of the officers of the
organization, the amount of contributions the organization received, how the
contributions were spent, and the balance, if any, remaining at the time the report
is made.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB385-ASA1, s. 1 1Section 1. 23.85 of the statutes is amended to read:
AB385-ASA1,3,4 223.85 Statement to county board; payment to state. Every county
3treasurer shall, on the first day of the annual meeting of the county board of
4supervisors, submit to it a verified statement of all forfeitures, costs, fees, and
5surcharges imposed under ch. 814 and received during the previous year. The county
6clerk shall deduct all expenses incurred by the county in recovering those forfeitures,
7costs, fees, and surcharges from the aggregate amount so received, and shall
8immediately certify the amount of clear proceeds of those forfeitures, costs, fees, and

1surcharges to the county treasurer, who shall pay the proceeds to the state as
2provided in s. 59.25 (3). Jail surcharges imposed under ch. 814 shall be treated
3separately as provided in s. 302.46 and part D of the victim witness assistance
4surcharge shall be treated separately as provided in s. 973.045 (2) (b)
.
AB385-ASA1, s. 2 5Section 2. 59.25 (3) (gm) of the statutes is created to read:
AB385-ASA1,3,86 59.25 (3) (gm) 1. Deposit all moneys received under s. 973.045 (2) (b) into a
7crime prevention fund and, on order of the board under par. (b), make payments to
8the following:
AB385-ASA1,3,119 a. One or more private nonprofit organizations within the county that has as
10its primary purpose preventing crime, encouraging the public to report crime, or
11assisting law enforcement agencies in the apprehension of criminal offenders.
AB385-ASA1,3,1412 b. A law enforcement agency within the county that has a crime prevention
13fund, if the contribution is credited to the crime prevention fund and is used for crime
14prevention purposes.
AB385-ASA1,3,1615 2. Not less than 50 percent of the payments made under subd. 1. shall be made
16to one or more organizations described in subd. 1. a.
AB385-ASA1, s. 3 17Section 3. 59.40 (2) (n) of the statutes is amended to read:
AB385-ASA1,3,2018 59.40 (2) (n) Pay monthly to the treasurer the amounts required by s. 302.46
19(1) for the jail assessment surcharge and the amounts required by s. 973.045 (2) (b).
20The payments shall be made by the 15th day of the month following receipt thereof.
AB385-ASA1, s. 4 21Section 4. 757.17 of the statutes is created to read:
AB385-ASA1,4,2 22757.17 Reporting by certain organizations and agencies. Every
23organization or agency that receives funds under s. 59.25 (3) (gm) shall submit a
24report annually by February 1 to the clerk of the court for the county that distributed
25the funds. The report shall be on a form designed and provided by the director of state

1courts and shall include all of the following information for the calendar year
2preceding the submittal of the report:
AB385-ASA1,4,3 3(1) The amount received.
AB385-ASA1,4,4 4(2) The expenditures made with the funds.
AB385-ASA1,4,5 5(3) The balance of the funds remaining.
AB385-ASA1,4,7 6(4) The name of the organization or agency that received the funds and the
7names of the officers of the organization or agency.
AB385-ASA1, s. 5 8Section 5. 973.045 (1) (a) of the statutes is amended to read:
AB385-ASA1,4,99 973.045 (1) (a) For each misdemeanor offense or count, $67 $77.
AB385-ASA1, s. 6 10Section 6. 973.045 (1) (b) of the statutes is amended to read:
AB385-ASA1,4,1111 973.045 (1) (b) For each felony offense or count, $92 $102.
AB385-ASA1, s. 7 12Section 7. 973.045 (1r) (a) 4. of the statutes is created to read:
AB385-ASA1,4,1413 973.045 (1r) (a) 4. Part D equals $10 for each misdemeanor offense or count and
14$10 for each felony offense or count.
AB385-ASA1, s. 8 15Section 8. 973.045 (2) of the statutes is renumbered 973.045 (2) (a) and
16amended to read:
AB385-ASA1,4,2017 973.045 (2) (a) After the clerk determines the amount due, the clerk of court
18shall collect and transmit the amount amounts collected under parts A, B, and C to
19the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make
20payment to the secretary of administration under s. 59.25 (3) (f) 2.
AB385-ASA1, s. 9 21Section 9. 973.045 (2) (b) of the statutes is created to read:
AB385-ASA1,4,2522 973.045 (2) (b) After the clerk determines the amount due, the clerk of court
23shall collect and transmit the amount collected under part C to the county treasurer
24under s. 59.40 (2) (n). The county treasurer shall then distribute the moneys under
25s. 59.25 (3) (gm).
AB385-ASA1, s. 10
1Section 10. 973.045 (3) (d) of the statutes is created to read:
AB385-ASA1,5,42 973.045 (3) (d) The person paying the crime victim and witness assistance
3surcharge shall pay all of the moneys due under parts A, B, and C before he or she
4pays any of the moneys due under part D.
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