30,20
Section
20. 885.235 (1g) (a) 2. of the statutes is repealed.
30,21
Section
21. 885.235 (1g) (b) of the statutes is amended to read:
885.235 (1g) (b) Except with respect to the operation of a commercial motor vehicle as provided in par. (d), the fact that the analysis shows that the person had an alcohol concentration of more than 0.04 but less than 0.1
0.08 is relevant evidence on the issue of intoxication or an alcohol concentration of 0.1 0.08 or more but is not to be given any prima facie effect.
30,22
Section
22. 885.235 (1g) (bd) of the statutes is repealed.
30,23
Section
23. 885.235 (1g) (c) of the statutes is amended to read:
885.235 (1g) (c) The In cases involving persons who have 2 or fewer prior convictions, suspensions, or revocations, as counted under s. 343.307 (1), the fact that the analysis shows that the person had an alcohol concentration of 0.1 0.08 or more is prima facie evidence that he or she was under the influence of an intoxicant and is prima facie evidence that he or she had an alcohol concentration of 0.1 0.08 or more.
30,24
Section
24. 885.235 (1g) (cd) of the statutes is repealed.
30,25
Section
25. 885.235 (1m) of the statutes is amended to read:
885.235 (1m) In any action under s. 23.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m) or (7), or 350.101 (1) (c), evidence of the amount of alcohol in the person's blood at the time in question, as shown by chemical analysis of a sample of the person's blood or urine or evidence of the amount of alcohol in the person's breath, is admissible on the issue of whether he or she had an alcohol concentration in the range specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m), or 350.101 (1) (c) or an alcohol concentration above 0.0 under s. 346.63 (7) if the sample was taken within 3 hours after the event to be proved. The fact that the analysis shows that the person had an alcohol concentration of more than 0.0 but not more than 0.1
0.08 is prima facie evidence that the person had an alcohol concentration in the range specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m), or 350.101 (1) (c) or an alcohol concentration above 0.0 under s. 346.63 (7).
30,26
Section
26. 940.09 (1) (bm) of the statutes is amended to read:
940.09 (1) (bm) Causes the death of another by the operation of a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.1 0.08.
30,27
Section
27. 940.09 (1) (e) of the statutes is amended to read:
940.09 (1) (e) Causes the death of an unborn child by the operation of a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.1 0.08.
30,28
Section
28. 940.09 (1g) (b) of the statutes is amended to read:
940.09 (1g) (b) Causes the death of another by the operation or handling of a firearm or airgun while the person has an alcohol concentration of 0.1 0.08 or more.
30,29
Section
29. 940.09 (1g) (d) of the statutes is amended to read:
940.09 (1g) (d) Causes the death of an unborn child by the operation or handling of a firearm or airgun while the person has an alcohol concentration of 0.1 0.08 or more.
30,30
Section
30. 940.25 (1) (bm) of the statutes is amended to read:
940.25 (1) (bm) Causes great bodily harm to another human being by the operation of a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.1 0.08.
30,31
Section
31. 940.25 (1) (e) of the statutes is amended to read:
940.25 (1) (e) Causes great bodily harm to an unborn child by the operation of a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.1 0.08.
30,32
Section
32. 949.08 (2) (em) of the statutes is amended to read:
949.08 (2) (em) Is an adult passenger in the offender's commercial motor vehicle and the crime involved is specified in s. 346.63 (6) or 940.25 and the passenger knew the offender was 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, or had an alcohol concentration of 0.04 or more but less than 0.1 0.08. This paragraph does not apply if the victim is also a victim of a crime specified in s. 940.30, 940.305, 940.31, or 948.30.
30,33
Section
33. 967.055 (1) (b) of the statutes is amended to read:
967.055 (1) (b) The legislature intends to encourage the vigorous prosecution of offenses concerning the operation of motorboats by persons 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 to a degree which renders him or her incapable of operating a motorboat safely, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of operating a motorboat safely or having an alcohol concentration of 0.1 0.08 or more.
30,34
Section
34.
Initial applicability.
(1) This act first applies to offenses committed on the effective date of this subsection.
30,35
Section
35.
Effective date.
(1) This act takes effect on September 30, 2003.
