Wisconsin Assembly Bill AB188

Wisconsin 2025-2026 Regular Session

• Introduced: 4/15/25
• Refer: 4/15/25

Caption

Reduction of penalty surcharge when certain fines or forfeitures reduced. (FE)

Impact

The implications of AB188 may lead to a more equitable system regarding fines and forfeitures. By ensuring that penalty surcharges are adjusted in line with the fines or forfeitures imposed, the bill seeks to uphold fairness and justice in the penal system. This approach provides a clearer understanding of the total penalties involved and could lead to consistent applications of financial responsibilities as tied to judicial decisions, allowing courts greater discretion in exactly how penalties are imposed.

Summary

Assembly Bill 188 aims to amend the existing statute concerning the penalty surcharge that accompanies certain fines or forfeitures imposed by courts for violations of state laws or municipal ordinances. Under current law, a penalty surcharge of 26 percent is added to the fine or forfeiture. This bill proposes that in cases where the fine or forfeiture is reduced, the penalty surcharge must also be proportionally reduced. This change could potentially lessen the financial burden on violators who have had their penalties decreased by the court.

Contention

While the bill appears to present a simple fix to current law, there may be some opposition regarding its implementation, specifically concerning the potential ramifications on municipal revenues derived from fines. Critics might argue that by reducing penalty surcharges, local governments could face shortfalls in revenue that typically fund public services. Consequently, the bill raises questions about balancing judicial discretion against the fiscal needs of municipalities dependent on these funds.