State v. Tabitha A. Scruggs

*337SHIRLEY S. ABRAHAMSON, J.

¶ 52. (dissenting). An ex post facto law is any law which "makes more burdensome the punishment for a crime, after its commission ...." State v. Thiel, 188 Wis. 2d 695, 699, 524 N.W.2d 641 (quoting Collins v. Youngblood, 497 U.S. 37, 42 (1990)).

¶ 53. When Scruggs committed the crime, she faced the possibility of a $250 DNA surcharge. Under the amended DNA surcharge law, Scruggs now faces the certainty of a $250 DNA surcharge.

¶ 54. For ex post facto purposes, the critical question is whether the mandatory DNA surcharge statute makes more burdensome the punishment for…