2025 - 2026 LEGISLATURE
LRB-1939/1
SWB:emw
2025 ASSEMBLY BILL 188
April 15, 2025 - Introduced by Representatives BROOKS, KNODL, BEHNKE, MOSES,
MURSAU, NOVAK, SINICKI, WICHGERS and O'CONNOR, cosponsored by Senator
FEYEN. Referred to Committee on Local Government.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 757.05 (1) (a) of the statutes; relating to: reduction of
penalty surcharge when certain fines or forfeitures reduced.
Analysis by the Legislative Reference Bureau
Under current law, when a court imposes a fine or forfeiture for certain
violations of state law or municipal or county ordinances, a penalty surcharge in the
amount of 26 percent of the amount of the fine or forfeiture is also imposed.
Current law provides that when a fine or forfeiture is suspended in whole or in part,
the penalty surcharge must be reduced in proportion to the suspension. This bill
requires the same rule to be applied for reduction of a fine or forfeiture. Under the
bill, when a fine or forfeiture to which the penalty surcharge applies is reduced, the
penalty surcharge must also be reduced in proportion to the reduction.
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:
SECTION 1. 757.05 (1) (a) of the statutes is amended to read:
757.05 (1) (a) Whenever a court imposes a fine or forfeiture for a violation of
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4 2025 - 2026 Legislature
ASSEMBLY BILL 188
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SWB:emw
SECTION 1
state law or for a violation of a municipal or county ordinance except for a violation
of s. 101.123 (2) or (2m), for a financial responsibility violation under s. 344.62 (2),
or for a violation of state laws or municipal or county ordinances involving
nonmoving traffic violations, violations under s. 343.51 (1m) (b), or safety belt use
violations under s. 347.48 (2m), there shall be imposed in addition a penalty
surcharge under ch. 814 in an amount of 26 percent of the fine or forfeiture
imposed. If multiple offenses are involved, the penalty surcharge shall be based
upon the total fine or forfeiture for all offenses. When a fine or forfeiture is
suspended or reduced in whole or in part, the penalty surcharge shall be reduced in
proportion to the suspension or reduction.
(END)
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