Lawsuit: Wisconsin DNA surcharge unconstitutional

File photo (WLUK/Scott Hurley)

MADISON (AP) -- Three convicts have filed a federal lawsuit alleging the state Department of Justice unconstitutionally applied a surcharge to maintain Wisconsin's DNA database.

The men filed the lawsuit Wednesday in Milwaukee. The lawsuit revolves around a 2013 law that required anyone convicted of a misdemeanor or a felony to submit DNA and pay a $200 surcharge.

Convicts had to begin paying a $200 DNA surcharge in 2014 but didn't have to begin submitting DNA until 2015. The delay was built in to allow the DOJ to accumulate funds to accommodate the influx of submissions before they began to come in.

The lawsuit contends that structure allowed the agency to take in millions of dollars for doing nothing.

DOJ spokesman Johnny Koremenos didn't immediately reply to an email.

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