Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB188

Introduced

4/14/25

Refer

4/14/25

Report Pass

5/8/25

Caption

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

Impact

The introduction of SB188 will have a direct impact on the judicial processes related to the imposition of fines and forfeitures. By mandating that penalty surcharges adjust in accordance with any reductions made to fines, the bill reinforces the idea that penalties should not exceed the financial burdens placed on individuals. This could lead to a more equitable system, particularly for those facing reduced penalties due to varying circumstances in their cases. Legal experts and lawmakers may find that it enhances the accountability of the judicial system when imposing fines.

Summary

Senate Bill 188 aims to amend the existing statute regarding penalty surcharges applied when courts impose fines or forfeitures for certain violations of state law or local ordinances. Specifically, SB188 stipulates that if a fine or forfeiture is reduced, the penalty surcharge—which is generally set at 26 percent of the fine or forfeiture—must also be reduced proportionately. This proposed change is intended to ensure fairness in the financial penalties assessed by the courts, reflecting any reductions in the fines imposed on offenders.

Contention

While the bill seems straightforward, discussions may arise regarding its implications for law enforcement and local government revenue. Critics might express concerns that reducing penalty surcharges could lead to lesser deterrence against violations, potentially diminishing the effectiveness of fines as a regulatory tool. Supporters, however, may argue that this adjustment in the surcharge system is necessary to align penalties with actual offenses and promote fairness within the judicial framework without significantly undermining local revenue streams. The balancing act between upholding justice and maintaining local fiscal health could be a focal point of contention during deliberations.

Companion Bills

No companion bills found.

Previously Filed As

WI SB90

Penalties for reckless driving and providing a penalty. (FE)

WI AB55

Penalties for reckless driving and providing a penalty. (FE)

WI SB998

A school bus camera grant program, a school bus safety camera surcharge, owner liability for illegally passing a school bus, and providing a penalty. (FE)

WI AB1071

A school bus camera grant program, a school bus safety camera surcharge, owner liability for illegally passing a school bus, and providing a penalty. (FE)

WI AB861

Penalties for possession of marijuana, employer liability for not drug testing employees and prospective employees, and providing a penalty. (FE)

WI SB150

Motor vehicle operators licenses restricting operators to the use of motor vehicles equipped with ignition interlock devices and providing a penalty. (FE)

WI AB167

Motor vehicle operators licenses restricting operators to the use of motor vehicles equipped with ignition interlock devices and providing a penalty. (FE)

WI SB486

Legalizing the possession of marijuana; medical marijuana; regulating the production, processing, and sale of marijuana; expunging or redesignating past convictions for marijuana-related crimes; equity grants; making an appropriation; and providing a penalty. (FE)

WI SB73

Prostitution crime surcharge and making an appropriation. (FE)

WI AB506

Similar Bills

HI SB149

Relating To Property Forfeiture.

KS HB2396

Requiring a criminal conviction for civil asset forfeiture and proof beyond a reasonable doubt that property is subject to forfeiture, remitting proceeds to the state general fund and requiring law enforcement agencies to make forfeiture reports more frequently.

KS SB237

KS HB2380

Requiring a criminal conviction for civil asset forfeiture, remitting proceeds from civil asset forfeiture to the state general fund, increasing the burden of proof required to forfeit property, making certain property ineligible for forfeiture, providing persons involved in forfeiture proceedings representation by counsel and the ability to demand a jury trial and allowing a person to request a hearing on whether forfeiture is excessive.

KS SB458

Specifying that certain drug offenses do not give rise to forfeiture under the Kansas standard asset seizure and forfeiture act, providing limitations on state and local law enforcement agency requests for federal adoption of a seizure under the act, requiring probable cause affidavit filing and review to commence forfeiture proceedings, increasing the burden of proof required to forfeit property to clear and convincing evidence, authorizing courts to order payment of attorney fees and costs for certain claimants and requiring the Kansas bureau of investigation to submit forfeiture fund financial reports to the legislature.

LA SB359

Provides for civil forfeiture reform. (8/1/22)

KS HB2606

Specifying that certain drug offenses do not give rise to forfeiture under the Kansas standard asset seizure and forfeiture act, requiring courts to make a finding that forfeiture is not excessive, restricting actions prior to commencement of forfeiture proceedings, requiring probable cause affidavit filing and review to commence proceedings, increasing the burden of proof required to forfeit property to clear and convincing evidence and authorizing courts to order payment of attorney fees and costs for certain claimants.

HI HB1965

Relating To Property Forfeiture.