AB846: Bill Text

AB846,13,9 346.655 (1) If a court imposes a fine or a forfeiture for a violation of s. 346.63 (1) or (5), or a local ordinance in conformity therewith, or s. 346.63 (1), (2), or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, it shall impose a driver improvement surcharge under ch. 814 in an amount of $435 in addition to the fine or forfeiture, plus costs, fees, and other surcharges imposed under ch. 814.

AB846,34 Section 34. 349.03 (2m) of the statutes is amended to read:

AB846,13,12 349.03 (2m) Notwithstanding sub. (2), a municipal court may suspend a license for a violation of a local ordinance in conformity with s. 346.63 (1) or (2m).

AB846,35 Section 35. 349.03 (4) of the statutes is amended to read:

AB846,13,16 349.03 (4) If a violation under s. 343.305 or 346.63 or a local ordinance in conformity with s. 346.63 (1), (5) or (7) occurs within a law enforcement officer's jurisdiction, he or she may enforce the violation anywhere in the state.

AB846,36 Section 36. 349.06 (1m) of the statutes is amended to read:

AB846,13,19 349.06 (1m) Notwithstanding sub. (1), a municipal court may suspend a license for a violation of a local ordinance in conformity with s. 346.63 (1) or (2m).

AB846,37 Section 37. 800.035 (2) (a) 3. of the statutes is amended to read:

AB846,13,22 800.035 (2) (a) 3. Inform the defendant of the right to a jury trial on charges filed under an a local ordinance in conformity with s. 346.63 (1) or (5).

AB846,38 Section 38. 800.035 (5) (a) of the statutes is amended to read:

AB846,14,3 800.035 (5) (a) If a defendant is charged with a violation of an a local ordinance in conformity with s. 346.63 (1) or (5), the municipality may, by ordinance, require the defendant to appear in person before the court.

AB846,39 Section 39. 800.035 (5) (c) of the statutes is amended to read:

AB846,14,16 800.035 (5) (c) If a defendant charged with a violation of an a local ordinance that is in conformity with s. 346.63 (1) or (5) pleads not guilty and within 10 days after entry of the plea requests a jury trial and pays the required fees, the municipal judge shall promptly transmit all papers and fees in the cause to the clerk of the circuit court of the county where the violation occurred for a jury trial under s. 345.43. The plea of not guilty and request for jury trial may be made in writing. If the person refused to take a test under s. 343.305 (3) and requested a hearing under s. 343.305 (9) to determine if the person's refusal was proper, the papers and fees involved in that action shall be transferred to the same circuit court, which shall conduct the refusal hearing. Upon receipt of the request, the circuit court shall set a time for trial. Any deposit made personally or in writing is forfeited upon nonappearance at the time set for trial. The required fee for a jury is prescribed in s. 814.61 (4).

AB846,40 Section 40. 967.055 (2) (a) of the statutes is amended to read:

AB846,15,12 967.055 (2) (a) Notwithstanding s. 971.29, if the prosecutor seeks to dismiss or amend a charge under s. 346.63 (1) or (5) or a local ordinance in conformity therewith, or s. 346.63 (1), (2), or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle or an improper refusal under s. 343.305, the prosecutor shall apply to the court. The application shall state the reasons for the proposed amendment or dismissal. The court may approve the application only if the court finds that the proposed amendment or dismissal is consistent with the public's interest in deterring the operation of motor vehicles by persons who are under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, controlled substance and controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving, in deterring the operation of motor vehicles by persons with a detectable amount of a restricted controlled substance in his or her blood, or in deterring the operation of commercial motor vehicles by persons with an alcohol concentration of 0.04 or more. The court may not approve an application to amend the vehicle classification from a commercial motor vehicle to a noncommercial motor vehicle unless there is evidence in the record that the motor vehicle being operated by the defendant at the time of his or her arrest was not a commercial motor vehicle.

AB846,41 Section 41. 967.055 (3) (a) of the statutes is amended to read:

AB846,15,15 967.055 (3) (a) A violation of s. 346.63 (1) or (5) or a local ordinance in conformity therewith.

AB846,42 Section 42. 967.055 (3) (b) of the statutes is amended to read:

AB846,15,17 967.055 (3) (b) A violation of s. 346.63 (1), (2), or (6).

AB846,43 Section 43. 972.11 (3m) of the statutes is amended to read:

AB846,15,22 972.11 (3m) A court may not exclude evidence in any criminal action or traffic forfeiture action for violation of s. 346.63 (1) or (5), or a local ordinance in conformity with s. 346.63 (1) or (5), on the ground that the evidence existed or was obtained outside of this state.

AB846,44 Section 44. Fiscal changes.

AB846,16,4 (1) Community corrections services. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of corrections under section 20.410 (1) (b) of the statutes, as affected by the acts of 2013, the dollar amount is increased by $333,400 for the second fiscal year of the fiscal biennium in which this subsection takes effect to increase the authorized FTE positions for the department by 8.5 GPR positions.

AB846,16,9 (2) Private bar and investigators. In the schedule under section 20.005 (3) of the statutes for the appropriation to the public defender board under section 20.550 (1) (d) of the statutes, as affected by the acts of 2013, the dollar amount is increased by $647,900 for the second fiscal year of the fiscal biennium in which this subsection takes effect for the purpose for which the appropriation is made.

AB846,16,15 (3) Joint finance supplement. In the schedule under section 20.005 (3) of the statutes for the appropriation to the joint committee on finance under section 20.865 (4) (a) of the statutes, as affected by the acts of 2013, the dollar amount is increased by $745,300 for the second fiscal year of the fiscal biennium in which this subsection takes effect to support new prosecutor positions that are created as a result of this act.

AB846,45 Section 45. Initial applicability.

AB846,16,20 (1) This act first applies to violations committed on the effective date of this subsection but does not preclude the counting of other convictions, suspensions, or revocations as prior convictions, suspensions, or revocations for purposes of administrative action by the department of transportation or sentencing by a court.

AB846,46 Section 46. Effective date.

AB846,16,22 (1) This act takes effect on April 1, 2015.

AB846,16,23 (End)