LRB-1857/2
JEO:kaf:kat
1997 - 1998 LEGISLATURE
November 14, 1997 - Introduced by Senators Cowles, Huelsman, Clausing, Rude,
Drzewiecki, Roessler, Farrow, Welch and Shibilski, cosponsored by
Representatives Green, Ryba, Ainsworth, Gard, Urban, Brandemuehl,
Seratti, Handrick, Musser, Schafer, Hahn, Ladwig, Goetsch, Kreibich,
Plale, Otte, Freese, Skindrud, Harsdorf, Kedzie and Porter. Referred to
Committee on Judiciary, Campaign Finance Reform and Consumer Affairs.
SB353,1,2
1An Act to amend 973.06 (1) (a) of the statutes;
relating to: costs that may be
2imposed on a person convicted of a crime.
Analysis by the Legislative Reference Bureau
Current law places limits on the costs that a court may assess against a person
who has been convicted of a crime. One item for which a defendant may be ordered
to pay costs is the necessary disbursements and fees of officers incurred in connection
with the arrest, preliminary examination and trial of the defendant. This item does
not include general internal operating expenses or routine law enforcement
investigation, but only fixed charges (for example, for a professional service) and
funds paid out by law enforcement officers. State v. Peterson, 163 Wis. 2d 800 (Ct.
App. 1991).
This bill provides that a court may order a person who has been convicted of a
crime to pay the expenses incurred by law enforcement agencies and prosecutors that
are attributable to the investigation, apprehension, detention prior to sentencing
and prosecution of the defendant. Under the bill, these expenses include the
necessary disbursements and fees of officers that a defendant may be ordered to pay
under current law.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB353, s. 1
1Section
1. 973.06 (1) (a) of the statutes is amended to read:
SB353,2,82
973.06
(1) (a) The
expenses incurred by law enforcement agencies and
3prosecutors that are attributable to the investigation, apprehension, detention prior
4to sentencing and prosecution of the defendant, including necessary disbursements
5and fees of officers allowed by law
and incurred in connection with the arrest,
6preliminary examination and trial of the defendant, including
and, in the discretion
7of the court, the fees and disbursements of the agent appointed to return a defendant
8from another state or country.
SB353,2,1010
(1) This act first applies to costs taxed on the effective date of this subsection.
