AB366: Bill Text

AB366,2,8 346.65 (2) (am) 2. Except as provided in pars. (bm) , (br), and (f), shall be fined not less than $350 nor more than $1,100 and imprisoned for not less than 5 days nor more than 6 months if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1) within a 10-year period, equals 2, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.

AB366, s. 2 Section 2. 346.65 (2) (am) 3. of the statutes is amended to read:

AB366,3,3 346.65 (2) (am) 3. Except as provided in pars. (cm), (cr), (f), and (g), shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 30 days nor more than one year in the county jail if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1), equals 3, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.

AB366, s. 3 Section 3. 346.65 (2) (am) 4. of the statutes is amended to read:

AB366,3,11 346.65 (2) (am) 4. Except as provided in pars. (cr), (f) and (g), shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 60 days nor more than one year in the county jail if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations and other convictions counted under s. 343.307 (1), equals 4, except that suspensions, revocations or convictions arising out of the same incident or occurrence shall be counted as one.

AB366, s. 4 Section 4. 346.65 (2) (bm) of the statutes is amended to read:

AB366,3,23 346.65 (2) (bm) In Winnebago County, if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1) within a 10-year period, equals 2, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the fine shall be the same as under par. (am) 2., but the period of imprisonment shall be not less than 5 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 5 nor more than 7 days. A person may be sentenced under this paragraph or under par. (br), (cm), or (cr) or sub. (2j) (bm), (br), (cm), or (cr) or (3r) once in his or her lifetime.

AB366, s. 5 Section 5. 346.65 (2) (br) of the statutes is created to read:

AB366,4,10 346.65 (2) (br) If the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1) within a 10-year period, equals 2, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the person may be fined not more than $1,100, and the court may place the person on probation under s. 973.09 if the conditions of probation require the person to take naltrexone, or its drug product equivalent, in a therapeutically appropriate dosage for the duration of the period of probation. A person may be sentenced under this paragraph or under par. (bm), (cm), or (cr) or sub. (2j) (bm), (br), (cm), or (cr), or (3r) once in his or her lifetime.

AB366, s. 6 Section 6. 346.65 (2) (cm) of the statutes is amended to read:

AB366,4,21 346.65 (2) (cm) In Winnebago County, if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1) within a 10-year period, equals 3, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the fine shall be the same as under par. (am) 3., but the period of imprisonment shall be not less than 30 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 10 days. A person may be sentenced under this paragraph or under par. (bm), (br), or (cr) or sub. (2j) (bm) or, (br), (cm), or (cr) or (3r) once in his or her lifetime.

AB366, s. 7 Section 7. 346.65 (2) (cr) of the statutes is created to read:

AB366,5,7 346.65 (2) (cr) If the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1) within a 10-year period, equals 3 or 4, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the person may be fined not more than $2,000, and the court may place the person on probation under s. 973.09 if the conditions of probation require the person to take naltrexone, or its drug product equivalent, in a therapeutically appropriate dosage for the duration of the period of probation. A person may be sentenced under this paragraph or under par. (bm), (br), or (cm) or sub. (2j) (bm), (br), (cm), or (cr) or (3r) once in his or her lifetime.

AB366, s. 8 Section 8. 346.65 (2j) (am) 2. of the statutes is amended to read:

AB366,5,13 346.65 (2j) (am) 2. Except as provided in pars. (bm) , (br), and (d), shall be fined not less than $300 nor more than $1,000 and imprisoned for not less than 5 days nor more than 6 months if the number of prior convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other convictions, suspension, and revocations counted under s. 343.307 (2) within a 10-year period, equals 2.

AB366, s. 9 Section 9. 346.65 (2j) (am) 3. of the statutes is amended to read:

AB366,5,19 346.65 (2j) (am) 3. Except as provided in pars. (cm) , (cr), and (d), shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 30 days nor more than one year in the county jail if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other convictions, suspensions, and revocations, counted under s. 343.307 (2), equals 3 or more.

AB366, s. 10 Section 10. 346.65 (2j) (bm) of the statutes is amended to read:

AB366,6,6 346.65 (2j) (bm) In Winnebago County, if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1) within a 10-year period, equals 2, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the fine shall be the same as under par. (am) 2., but the period of imprisonment shall be not less than 5 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 5 nor more than 7 days. A person may be sentenced under this paragraph or under par. (br), (cm), or (cr) or sub. (2) (bm) or, (br), (cm), or (cr) or (3r) once in his or her lifetime.

AB366, s. 11 Section 11. 346.65 (2j) (br) of the statutes is created to read:

AB366,6,17 346.65 (2j) (br) If the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1) within a 10-year period, equals 2, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the person may be fined not more than $1,000, and the court may place the person on probation under s. 973.09 if the conditions of probation require the person to take naltrexone, or its drug product equivalent, in a therapeutically appropriate dosage for the duration of the period of probation. A person may be sentenced under this paragraph or under par. (bm), (cm), or (cr) or sub. (2) (bm), (br), (cm), or (cr) or (3r) once in his or her lifetime.

AB366, s. 12 Section 12. 346.65 (2j) (cm) of the statutes is amended to read:

AB366,7,3 346.65 (2j) (cm) In Winnebago County, if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1) within a 10-year period, equals 3 or more, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the fine shall be the same as under par. (am) 3., but the period of imprisonment shall be not less than 30 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 10 days. A person may be sentenced under this paragraph or under par. (bm), (br), or (cr) or sub. (2) (bm) or , (br), (cm), or (cr) or (3r) once in his or her lifetime.

AB366, s. 13 Section 13. 346.65 (2j) (cr) of the statutes is created to read:

AB366,7,14 346.65 (2j) (cr) If the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1) within a 10-year period, equals 3 or 4, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the person may be fined not more than $2,000, and the court may place the person on probation under s. 973.09 if the conditions of probation require the person to take naltrexone, or its drug product equivalent, in a therapeutically appropriate dosage for the duration of the period of probation. A person may be sentenced under this paragraph or under par. (bm), (br), or (cm) or sub. (2) (bm), (br), (cm), or (cr) or (3r) once in his or her lifetime.

AB366, s. 14 Section 14. 973.09 (1) (d) 1. of the statutes is amended to read:

AB366,7,18 973.09 (1) (d) 1. A Except as provided in s. 346.65 (2) (br) or (cr), a violation under s. 346.63 (1) that subjects the person to a mandatory minimum period of imprisonment under s. 346.65 (2) (am) 2. or 3.

AB366, s. 15 Section 15. 973.09 (1) (d) 3. of the statutes is amended to read:

AB366,7,23 973.09 (1) (d) 3. A Except as provided in s. 346.65 (2j) (br) or (cr), a violation under s. 346.63 (5) that subjects the person to a mandatory minimum period of imprisonment under s. 346.65 (2j) (am) 3., if the person has a total of 3 or fewer convictions, suspensions or revocations counted under s. 343.307 (2).

AB366,7,24 (End)