Section 973.06. Costs, fees, and surcharges.

 

(1)  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:

(a) The necessary disbursements and fees of officers allowed by law and incurred in connection with the arrest, preliminary examination and trial of the defendant, including, in the discretion of the court, the fees and disbursements of the agent appointed to return a defendant from another state or country.

(am) Moneys expended by a law enforcement agency under all of the following conditions:

1. The agency expended the moneys to purchase a controlled substance or controlled substance analog that was distributed in violation of ch. 961 .

2. The moneys were expended in the course of an investigation that resulted in the defendant's conviction.

3. The moneys were used to obtain evidence of the defendant's violation of the law.

4. The agency has not previously been reimbursed or repaid for the expended moneys by the defendant.

(ar) If the defendant violated s. 947.017 , the moneys expended by a state or local government agency for the following activities in connection with a threat under s. 947.017 (2) :

1. The response to the threat by emergency medical personnel, as defined in s. 941.37 (1) (c) .

2. The analysis of any substance alleged to be a harmful substance, as defined in s. 947.017 (1) .

3. The medical treatment of persons who are alleged to have been exposed to an alleged harmful substance, as defined in s. 947.017 (1) .

(av)

1. Except as provided in subd. 2. , if the defendant violated s. 946.41 by obstructing an officer, the reasonable costs expended by a state or local law enforcement agency or emergency response agency to respond to or investigate the false information that the defendant provided or the physical evidence that the defendant placed. Costs allowable under this paragraph may include personnel costs and costs associated with the use of police or emergency response vehicles.

2. No costs may be taxable against a defendant under this paragraph if any of the following applies:

a. The defendant was charged under s. 946.41 solely because he or she recanted a report of abusive conduct, including interspousal battery, as described under s. 940.19 or 940.20 (1m) , domestic abuse, as defined in s. 49.165 (1) (a) , 813.12 (1) (am) , or 968.075 (1) (a) , harassment, as defined in s. 813.125 (1) (am) , sexual exploitation by a therapist under s. 940.22 , sexual assault under s. 940.225 , child abuse, as defined under s. 813.122 (1) (a) , or child abuse under ss. 948.02 to 948.11 .

b. The defendant was a victim of abusive conduct, including interspousal battery, as described under s. 940.19 or 940.20 (1m) , domestic abuse, as defined in s. 49.165 (1) (a) , 813.12 (1) (am) , or 968.075 (1) (a) , harassment, as defined in s. 813.125 (1) (am) , sexual exploitation by a therapist under s. 940.22 , sexual assault under s. 940.225 , child abuse, as defined under s. 813.122 (1) (a) , or child abuse under ss. 948.02 to 948.11 , and he or she was charged under s. 946.41 based on information he or she omitted or false information he or she provided during the course of an investigation into the crime committed against him or her.

c. The defendant was charged under s. 946.41 solely because his or her report did not lead to criminal charges against, or a conviction of, another person.

(b) Fees and travel allowance of witnesses for the state at the preliminary examination and the trial.

(c) Fees and disbursements allowed by the court to expert witnesses. Section 814.04 (2) shall not apply in criminal cases.

(d) Fees and travel allowance of witnesses for the defense incurred by the county at the request of the defendant, at the preliminary hearing and the trial.

(e) Attorney fees payable to the defense attorney by the county or the state. If the court determines at the time of sentencing that the defendant's financial circumstances are changed, the court may adjust the amount in accordance with s. 977.07 (1) (a) and rules promulgated under s. 977.02 (3) .

(g) An amount equal to 10 percent of any restitution ordered under s. 973.20 , payable to the county treasurer for use by the county.

(h) The cost of performance of a test under s. 968.38 , if ordered by the court.

(j) If the defendant violated s. 23.33 (4c) , 23.335 (12) (a) or (b) , 30.681 , 114.09 , 346.63 , 350.101 , 940.09 (1) , or 940.25 , any costs charged to or paid by a law enforcement agency for the withdrawal of the defendant's blood, except that the court may not impose on the defendant any cost for an alternative test provided free of charge as described in s. 343.305 (4) . If at the time the court finds that the defendant committed the violation, the law enforcement agency has not paid or been charged with the costs of withdrawing the person's blood, the court shall impose and collect the costs the law enforcement agency reasonably expects to be charged for the withdrawal, based on the current charges for this procedure. Notwithstanding sub. (2) , the court may not remit these costs.

(2)  The court may remit the taxable costs, in whole or in part.

(3)  If the court orders payment of restitution, collection of costs shall be as provided under s. 973.20 .

Sup. Ct. Order, 67 Wis. 2d 585, 784 (1975); 1979 c. 356 ; 1981 c. 352 ; 1985 a. 29 ; 1987 a. 347 , 398 , 403 ; 1991 a. 39 , 269 ; 1995 a. 27 , 53 , 448 ; 1999 a. 58 , 69 , 186 ; 2003 a. 104 , 139 ; 2007 a. 84 ; 2009 a. 164 ; 2011 a. 32 , 269 ; 2015 a. 55 , 170 , 253 . An accused who cancels a jury trial at the last moment to accept a plea bargain risks both taxation of costs under s. 973.06 and assessment of jury fees under s. 814.51. State v. Foster, 100 Wis. 2d 103 , 301 N.W.2d 192 (1981). A court may not order reimbursement of a law enforcement agency for routine investigative activities. State v. Peterson, 163 Wis. 2d 800 , 472 N.W.2d 571 (Ct. App. 1991). Contribution under sub. (1) (e) toward a defendant's attorney fees payable by the county may not be taxed in an order separate from the sentence. State v. Grant, 168 Wis. 2d 682 , 484 N.W.2d 371 (Ct. App. 1992). Sub. (1) (c) does not limit recovery of expert witness fees to fees for court appointed witnesses. State v. Schmaling, 198 Wis. 2d 757 , 543 N.W.2d 555 (Ct. App. 1995). A court was authorized to order that a defendant pay the cost of DNA testing by a private laboratory as a cost under this section. State v. Beiersdorf, 208 Wis. 2d 492 , 561 N.W.2d 749 (Ct. App. 1997), 95-1234 . Expenses incurred by a sheriff's department in transporting a witness from a Florida corrections facility to testify at the defendant's trial were chargeable to the defendant under s. 973.06 (1) (a). State v. Bender, 213 Wis. 2d 338 , 570 N.W.2d 590 (Ct. App. 1997), 97-1095 . For costs to be imposed under sub. (1) (am), all the listed conditions must be met. State v. Neave, 220 Wis. 2d 786 , 585 N.W.2d 169 (Ct. App. 1998), 97-3486 . Sub. (1) (c) authorized the taxation of the costs of an expert's medical examination when the development of that evidence was used in the prosecution of the defendant although the examination was not done in contemplation of trial and the expert witness did not testify. State v. Rohe, 230 Wis. 2d 294 , 602 N.W.2d 125 (Ct. App. 1999), 99-0233 . "Disbursements and fees" are given the same meaning in sub. (1) (a) and (c). Whether the expenses associated with orders to produce a defendant are taxable "fees of officers" under sub. (1) (a) depends upon whether they are ordinarily charged to and payable by another or are merely internal operating expenses of a governmental unit. State v. Dismuke, 2001 WI 75 , 244 Wis. 2d 457 , 628 N.W.2d 791 , 99-1734 . The trial court has inherent authority to assess the cost of impaneling a jury against a party. The purpose of imposing jury costs is to deter disruptive practices that contribute to inefficiency in the court system. The trial court is not limited to imposing costs on parties, but may sanction an attorney whose conduct negligently disrupts the court's orderly administration of justice. O'Neil v. Monroe County Circuit Court, 2003 WI App 149 , 266 Wis. 2d 155 , 667 N.W.2d 774 , 02-2866 . When a defendant agrees to reimburse the county for the attorney fees of standby counsel or the circuit court informs the defendant of his or her potential liability for the fees and standby counsel functions as traditional defense counsel, ss. 973.06 (1) (e) and 973.09 (1g) give a circuit court the authority to impose the attorney fees of standby counsel as a condition of probation. If a defendant does not agree to reimburse the county or is not informed of the potential obligation to pay the fees of standby counsel, payment of attorney fees may not be a condition of probation, under s. 973.06 (1) (e). When standby counsel acts primarily for the benefit of the court rather than as defense counsel, attorney fees for standby counsel are inappropriate. State v. Campbell, 2006 WI 99 , 294 Wis. 2d 100 , 718 N.W.2d 649 , 04-0803 . The obligation of a defendant under this section is not dischargeable in bankruptcy. Matter of Zarzynski, 771 F.2d 304 (1985). Right to counsel; repayment of cost of court-appointed counsel as a condition of probation. 56 MLR 551.