Wisconsin Statutes

Wis. Stat. § 757.05 (2026)

Penalty surcharge

✓ current as of July 2026

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757.05757.05 Penalty surcharge.

757.05(1)(1) Levy of penalty surcharge.

757.05(1)(a)(a) Whenever a court imposes a fine or forfeiture for a violation of 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.

757.05(1)(b)(b) If a fine or forfeiture is imposed by a court of record, after a determination by the court of the amount due, the clerk of the court shall collect and transmit the amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration as provided in s. 59.25 (3) (f) 2.

757.05(1)(c)(c) If a fine or forfeiture is imposed by a municipal court, after a determination by the court of the amount due, the court shall collect and transmit the amount to the treasurer of the county, city, town, or village, and that treasurer shall make payment to the secretary of administration as provided in s. 66.0114 (1) (bm).

757.05(1)(d)(d) If any deposit of bail is made for a noncriminal offense to which this subsection applies, the person making the deposit shall also deposit a sufficient amount to include the surcharge under this subsection for forfeited bail. If bail is forfeited, the amount of the surcharge shall be transmitted monthly to the secretary of administration under this subsection. If bail is returned, the surcharge shall also be returned.

757.05(2)(2) Use of penalty surcharge moneys. All moneys collected from penalty surcharges under sub. (1) shall be credited to the appropriation account under s. 20.455 (2) (i).

757.05 HistoryHistory: 1999 a. 9 ss. 2292m, 2298, 3050m to 3050o; 1999 a. 72 s. 6; 1999 a. 150 s. 672; 2001 a. 16; 2003 a. 30, 33, 139, 268, 326, 327; 2005 a. 25, 60; 455; 2007 a. 96; 2009 a. 12, 28, 276; 2011 a. 258; 2023 a. 19; 2025 a. 213.

Notes of Decisions

Cited in 4 cases, 1979–2017 · leading case: State v. Schweda, 2007 WI 100 (Wis. 2007).

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State v. Schweda, 2007 WI 100 (Wis. 2007). · cites it 8× “97(1), penalties pursuant to Wis. Stat. § 757.05 (1)(a), and the environmental assessment available under Wis.”

State v. Williams, 2017 WI App 46 (Wis. Ct. App. 2017). · cites it 2× “Wis. Stat. § 757.05 . • Those paying restitution under Wis.”

State v. Van Laarhoven, 279 N.W.2d 488 (Wis. Ct. App. 1979). · cites it 2× “Section 757.05, Stats. We do not find that the trial judge abused his discretion in imposing a penalty of one-third the maximum jail sentence.”

State v. Bauer, 694 N.W.2d 509 (Wis. Ct. App. 2005). · cites it 2× “§ 757.05(1); (2) a "jail surcharge" of $10, see WIS.”

— Wis. Stat. § 757.05(1) — 1 case

State v. Bauer, 694 N.W.2d 509 (Wis. Ct. App. 2005). “§ 757.05(1); (2) a "jail surcharge" of $10, see WIS.”

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