AB421: Bill Text

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)