LRB-2009/1
TNF&PJH:jld:cph
2003 - 2004 LEGISLATURE
March 25, 2003 - Introduced by Representatives J. Lehman, Albers, Berceau, Bies,
Gielow, Hines, Kerkman, Ladwig, Miller, Montgomery, Ott, Pope-Roberts,
Stone, Wasserman, J. Wood
and Zepnick, cosponsored by Senators Hansen
and Roessler. Referred to Committee on Highway Safety.
AB199,1,4 1An Act to renumber and amend 346.65 (2) (f) and 346.65 (2j) (d); and to create
2346.65 (2) (f) 1. and 346.65 (2j) (d) 1. of the statutes; relating to: intoxicated
3operation of a motor vehicle with a minor passenger in the vehicle and providing
4a penalty.
Analysis by the Legislative Reference Bureau
Under current law, no person may operate a motor vehicle while under the
influence of an intoxicant, a controlled substance, or a controlled substance analog,
or any combination of an intoxicant, a controlled substance, or a controlled substance
analog, or while having a prohibited alcohol concentration (OWI). The penalty for
a first OWI offense is a forfeiture of not less than $150 nor more than $300, with no
period of imprisonment for a first offense (a civil penalty). If a person had a minor
passenger in his or her motor vehicle when he or she committed the OWI, the
applicable forfeiture is doubled.
This bill changes the penalty for a first OWI offense if the person had a minor
passenger under 16 years of age in his or her vehicle when he or she committed the
offense to a criminal penalty of a fine of not less than $300 nor more than $600 and
imprisonment for not less than five days nor more than six months.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.

For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB199, s. 1 1Section 1. 346.65 (2) (f) of the statutes is renumbered 346.65 (2) (f) 2. and
2amended to read:
AB199,2,93 346.65 (2) (f) 2. If there was a minor passenger under 16 years of age in the
4motor vehicle at the time of the violation that gave rise to the conviction under s.
5346.63 (1), the applicable minimum and maximum forfeitures, fines or and
6imprisonment under par. (a), (b), (c), (d), or (e) for the conviction are doubled. An
7offense under s. 346.63 (1) that subjects a person to a penalty under par. (c), (d), or
8(e) when there is a minor passenger under 16 years of age in the motor vehicle is a
9felony and the place of imprisonment shall be determined under s. 973.02.
AB199, s. 2 10Section 2. 346.65 (2) (f) 1. of the statutes is created to read:
AB199,2,1511 346.65 (2) (f) 1. If there was a minor passenger under 16 years of age in the
12motor vehicle at the time of the violation that gave rise to the conviction under s.
13346.63 (1), the person shall be fined not less than $300 nor more than $600 and
14imprisoned for not less than 5 days nor more than 6 months, except as provided in
15subd. 2.
AB199, s. 3 16Section 3. 346.65 (2j) (d) of the statutes is renumbered 346.65 (2j) (d) 2. and
17amended to read:
AB199,3,318 346.65 (2j) (d) 2. If there was a minor passenger under 16 years of age in the
19commercial motor vehicle at the time of the violation that gave rise to the conviction
20under s. 346.63 (5), the applicable minimum and maximum forfeitures, fines or and
21imprisonment under par. (a), (b) or (c) for the conviction are doubled. An offense

1under s. 346.63 (5) that subjects a person to a penalty under par. (c) when there is
2a minor passenger under 16 years of age in the commercial motor vehicle is a felony
3and the place of imprisonment shall be determined under s. 973.02.
AB199, s. 4 4Section 4. 346.65 (2j) (d) 1. of the statutes is created to read:
AB199,3,95 346.65 (2j) (d) 1. If there was a minor passenger under 16 years of age in the
6commercial motor vehicle at the time of the violation that gave rise to the conviction
7under s. 346.63 (5), the person shall be fined not less than $300 nor more than $600
8and imprisoned for not less than 5 days nor more than 6 months, except as provided
9in subd. 2.
AB199, s. 5 10Section 5. Initial applicability.
AB199,3,1411 (1) This act first applies to violations committed on the effective date of this
12subsection, but does not preclude the counting of other convictions, suspensions, or
13revocations as prior convictions, suspensions, or revocations for purposes of
14administrative action by the department of transportation or sentencing by a court.
AB199,3,1515 (End)
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