State v. Cox

2013 Wis. Act 20 (Act 20) eliminated a circuit court’s discretion to waive imposition of the $250 DNA analysis surcharge for felony convictions.Before the legislature adopted Act 20, the relevant statute said that the court “may” impose the $250 DNA surcharge on a defendant convicted of a felony. Act 20 changed the language of the statue, saying that the court “shall” impose the surcharge. Defendant in this case filed a postconviction motion requesting vacation of the DNA surcharge. The circuit court denied the motion. The Supreme Court affirmed, holding that “shall” as used in Wis. Stat. 973.046(1r) is mandatory, and therefore, the circuit court did not err in denying Defendant’s motion to remove the DNA surcharge from his judgment of conviction. View "State v. Cox" on Justia Law