AB421,90,14
14(6) The domestic abuse surcharge under s. 971.37 (1m) (c) 1. or 973.055.
AB421,90,15
15(7) The jail surcharge under s. 302.46 (1).
AB421,90,16
16(8) The justice information system surcharge under s. 814.86 (1).
AB421,90,17
17(9) The penalty surcharge under s. 757.05.
AB421,90,18
18(10) The special prosecution clerks surcharge under s. 814.86 (1m).
AB421,90,19
19(11) The supplemental food enforcement surcharge under s. 253.06 (4) (c).
AB421,90,22
20814.81 Surcharges in ch. 800 forfeiture actions. In addition to any
21forfeiture imposed in an action under ch. 800, a defendant shall pay the following
22surcharges if applicable:
AB421,90,23
23(1) The consumer information surcharge under s. 100.261.
AB421,90,25
24(3) The crime laboratories and drug law enforcement surcharge under s.
25165.755.
AB421,91,2
1(4) The crime prevention organization contribution surcharge under s. 753.40,
2973.06 (1) (f), or 973.09 (1x).
AB421,91,3
3(6) The domestic abuse surcharge under s. 971.37 (1m) (c) 1. or 973.055.
AB421,91,4
4(7) The jail surcharge under s. 302.46 (1).
AB421,91,5
5(9) The penalty surcharge under s. 757.05.
AB421, s. 203
6Section
203. 938.237 (2) of the statutes is amended to read:
AB421,91,157
938.237
(2) The procedures for issuance and filing of a citation, and for
8forfeitures, stipulations
, and deposits in ss. 23.50 to 23.67, 23.75 (3) and (4),
s. 966.0113, 778.25, 778.26
, and 800.01 to 800.04 except s. 800.04 (2) (b), when the
10citation is issued by a law enforcement officer, shall be used as appropriate, except
11that this chapter shall govern taking and holding a juvenile in custody, s. 938.37 shall
12govern costs,
penalty assessments and jail assessments
fees, and surcharges
13imposed under ch. 814, and a capias shall be substituted for an arrest warrant.
14Sections 66.0113 (3) (c) and (d),
s. 66.0114 (1)
, and 778.10 as they relate to collection
15of forfeitures do not apply.
AB421, s. 204
16Section
204. 938.37 (1) of the statutes is amended to read:
AB421,91,2017
938.37
(1) A court assigned to exercise jurisdiction under this chapter and ch.
1848 may not
assess impose costs
, fees, or
assessments surcharges under ch. 814 19against a juvenile under 14 years of age
but. A court may
assess impose costs
, fees,
20and surcharges under ch. 814 against a juvenile 14 years of age or older.
AB421, s. 205
21Section
205. 938.37 (3) of the statutes is amended to read:
AB421,92,222
938.37
(3) Notwithstanding sub. (1), courts of civil and criminal jurisdiction
23exercising jurisdiction under s. 938.17 may assess the same costs,
penalty
24assessments and jail assessments fees, and surcharges imposed under ch. 814
1against juveniles as they may assess against adults, except that witness fees may not
2be charged to the juvenile.
AB421, s. 206
3Section
206. 961.41 (5) (a) of the statutes is amended to read:
AB421,92,64
961.41
(5) (a) When a court imposes a fine for a violation of this section, it shall
5also impose a drug abuse program improvement surcharge
under ch. 814 in an
6amount of 50% of the fine and penalty
assessment
surcharge imposed.
AB421, s. 207
7Section
207. 971.37 (1m) (c) 1. (intro.) of the statutes is amended to read:
AB421,92,118
971.37
(1m) (c) 1. (intro.) The agreement may provide as one of its conditions
9that a person covered under sub. (1) (b) or (c) pay the domestic abuse
assessment 10surcharge under s. 973.055. Payments and collections under this subdivision are
11subject to s. 973.055 (2) to (4), except as follows:
AB421, s. 208
12Section
208. 971.37 (1m) (c) 1. a. of the statutes is amended to read:
AB421,92,1713
971.37
(1m) (c) 1. a. The district attorney shall determine the amount due. The
14district attorney may authorize less than a full
assessment surcharge if he or she
15believes that full payment would have a negative impact on the offender's family.
16The district attorney shall provide the clerk of circuit court with the information
17necessary to comply with subd. 1. b.
AB421, s. 209
18Section
209. 973.05 (1) of the statutes is amended to read:
AB421,93,2319
973.05
(1) When a defendant is sentenced to pay a fine, the court may grant
20permission for the payment of the fine,
the penalty assessment imposed by s. 757.05,
21the jail assessment imposed by s. 302.46 (1), the crime victim and witness assistance
22surcharge under s. 973.045, the crime laboratories and drug law enforcement
23assessment imposed by s. 165.755, any applicable deoxyribonucleic acid analysis
24surcharge under s. 973.046, any applicable drug abuse program improvement
25surcharge imposed by s. 961.41 (5), any applicable consumer protection assessment
1imposed by s. 100.261, any applicable domestic abuse assessment imposed by s.
2971.37 (1m) (c) 1. or 973.055, any applicable driver improvement surcharge imposed
3by s. 346.655, any applicable truck driver education assessment imposed by s.
4349.04, any applicable enforcement assessment imposed by s. 253.06 (4) (c), any
5applicable weapons assessment imposed by s. 167.31, any applicable uninsured
6employer assessment imposed by s. 102.85 (4), any applicable environmental
7assessment imposed by s. 299.93, any applicable wild animal protection assessment
8imposed by s. 29.983, any applicable natural resources assessment imposed by s.
929.987 or 169.46 (1), and any applicable natural resources restitution payment
10imposed by s. 29.989 or 169.46 (2) plus costs, fees, and surcharges imposed under ch.
11814, to be made within a period not to exceed 60 days. If no such permission is
12embodied in the sentence, the fine,
the penalty assessment, the jail assessment, the
13crime victim and witness assistance surcharge, the crime laboratories and drug law
14enforcement assessment, any applicable deoxyribonucleic acid analysis surcharge,
15any applicable drug abuse program improvement surcharge, any applicable
16consumer protection assessment, any applicable domestic abuse assessment, any
17applicable driver improvement surcharge, any applicable truck driver education
18assessment, any applicable enforcement assessment, any applicable weapons
19assessment, any applicable uninsured employer assessment, any applicable
20environmental assessment, any applicable wild animal protection assessment, any
21applicable natural resources assessment, and any applicable natural resources
22restitution payment plus costs, fees, and surcharges imposed under ch. 814, shall be
23payable immediately.
AB421, s. 210
24Section
210. 973.05 (2) of the statutes is amended to read:
AB421,94,14
1973.05
(2) When a defendant is sentenced to pay a fine and is also placed on
2probation, the court may make the payment of the fine,
the penalty assessment, the
3jail assessment, the crime victim and witness assistance surcharge, the crime
4laboratories and drug law enforcement assessment, any applicable deoxyribonucleic
5acid analysis surcharge, any applicable drug abuse program improvement
6surcharge, any applicable consumer protection assessment, any applicable domestic
7abuse assessment, any applicable uninsured employer assessment, any applicable
8driver improvement surcharge, any applicable truck driver education assessment,
9any applicable enforcement assessment under s. 253.06 (4) (c), any applicable
10weapons assessment, any applicable environmental assessment, any applicable wild
11animal protection assessment, any applicable natural resources assessment, and
12any applicable natural resources restitution payments plus costs, fees, and
13surcharges imposed under ch. 814, a condition of probation.
When the payments are
14made a condition of probation by the court, payments thereon
AB421,95,13
15(2m) Payments under this section shall be applied first to payment of the
16penalty
assessment surcharge until paid in full, shall then be applied to the payment
17of the jail
assessment surcharge until paid in full, shall then be applied to the
18payment of part A of the crime victim and witness assistance surcharge until paid
19in full, shall then be applied to part B of the crime victim and witness assistance
20surcharge until paid in full, shall then be applied to the crime laboratories and drug
21law enforcement
assessment surcharge until paid in full, shall then be applied to the
22deoxyribonucleic acid analysis surcharge until paid in full, shall then be applied to
23the drug abuse
program improvement surcharge until paid in full, shall then be
24applied to payment of the driver improvement surcharge until paid in full, shall then
25be applied to the truck driver education
assessment
surcharge if applicable until
1paid in full, shall then be applied to payment of the domestic abuse
assessment 2surcharge until paid in full, shall then be applied to payment of the consumer
3protection
assessment surcharge until paid in full, shall then be applied to payment
4of the natural resources
assessment surcharge if applicable until paid in full, shall
5then be applied to payment of the natural resources restitution
payment surcharge 6until paid in full, shall then be applied to the payment of the environmental
7assessment surcharge if applicable until paid in full, shall then be applied to the
8payment of the wild animal protection
assessment
surcharge if applicable until paid
9in full, shall then be applied to payment of the weapons
assessment surcharge until
10paid in full, shall then be applied to payment of the uninsured employer
assessment 11surcharge until paid in full, shall then be applied to payment of the enforcement
12assessment surcharge under s. 253.06 (4) (c), if applicable, until paid in full, and shall
13then be applied to payment of the fine
and the costs and fees imposed under ch. 814.
AB421, s. 211
14Section
211. 973.05 (3) (a) of the statutes is amended to read:
AB421,95,2515
973.05
(3) (a) In lieu of part or all of a fine imposed by a court, the court may
16stay the execution of part or all of the sentence and provide that the defendant
17perform community service work under pars. (b) and (c).
The amount of the fine
18actually paid, if any, shall be used to determine any applicable assessment or
19surcharge under sub. (1), except that any Any applicable driver improvement
20surcharge under s. 346.655 or any domestic abuse
assessment imposed by surcharge
21under s. 973.055 shall be imposed
under ch. 814 regardless of whether part or all of
22the sentence has been stayed. If the defendant fails to comply with the community
23service order, the court shall order the defendant brought before the court for
24imposition of sentence. If the defendant complies with the community service order,
25he or she has satisfied that portion of the sentence.
AB421, s. 212
1Section
212. 973.05 (4) of the statutes is amended to read:
AB421,96,42
973.05
(4) If a defendant fails to pay the fine,
assessment, surcharge
or
3restitution payment, costs, or fees within the period specified under sub. (1) or (1m),
4the court may do any of the following:
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.