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LRB-2014/1
EVM:nwn:rs
2011 - 2012 LEGISLATURE
July 27, 2011 - Introduced by Representatives J. Ott, Kerkman, Jacque, Steineke,
LeMahieu
and Ripp, cosponsored by Senator Darling. Referred to Committee
on Transportation.
AB208,1,5 1An Act to repeal 973.09 (2) (am); and to amend 48.685 (5) (bm) 4., 48.685 (5)
2(br) 6., 346.65 (2) (am) 3., 346.65 (2) (am) 4., 346.65 (2) (am) 4m., 346.65 (2) (am)
35., 346.65 (2) (am) 6., 346.65 (2) (am) 7. and 973.09 (2) (a) 1. d. of the statutes;
4relating to: penalties for operating-while-intoxicated offenses and providing
5a penalty.
Analysis by the Legislative Reference Bureau
Under current law, a person who commits a third offense related to drunken
driving or driving under the influence of an intoxicant or other drug (OWI) must be
fined not less than $600 nor more than $2,000 and imprisoned for not less than 45
days nor more than one year. A person who commits a fourth OWI must be fined not
less than $600 nor more than $2,000 and imprisoned for not less than 60 days nor
more than one year. A person who commits a fourth OWI within five years of a prior
offense is guilty of a Class H felony and must be fined not less than $600 and
imprisoned not less than six months. A person who commits a fifth or sixth OWI is
guilty of a Class H felony and must be fined not less than $600 and imprisoned for
not less than six months. A person who commits a seventh, eighth, or ninth OWI is
guilty of a Class G felony and the confinement portion of a bifurcated sentence
imposed on the person may not be less than three years. A person who commits a
tenth or subsequent OWI is guilty of a Class F felony and the confinement portion
of a bifurcated sentence imposed on the person may not be less than four years. Also
under current law, the penalty for a Class E felony is a fine not to exceed $50,000 or

imprisonment not to exceed 15 years, or both, the penalty for a Class F felony is a fine
not to exceed $25,000 or imprisonment not to exceed 12 years and 6 months, or both,
the penalty for a Class G felony is a fine not to exceed $25,000 or imprisonment not
to exceed 10 years, or both, and the penalty for a Class H felony is a fine not to exceed
$10,000 or imprisonment not to exceed 6 years, or both.
Under this bill, a person who commits a third OWI is guilty of a Class H felony
and the person must be fined not less than $600 and must be imprisoned for not less
than 45 days. A person who commits a fourth OWI is guilty of a Class H felony and
the person must be fined not less than $600 and must be imprisoned for not less than
60 days. A person who commits a fourth OWI within five years of a prior offense is
guilty of a Class G felony and must be fined not less than $600 and imprisoned for
not less than six months. A person who commits a fifth or sixth OWI is guilty of a
Class G felony and the person must be fined not less than $600 and must be
imprisoned for not less than six months. A person who commits a seventh, eighth,
or ninth OWI is guilty of a Class F felony and the confinement portion of a bifurcated
sentence imposed on the person may not be less than three years. A person who
commits a tenth or greater OWI is guilty of a Class E felony and the confinement
portion of a bifurcated sentence imposed on the person may not be less than four
years.
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:
AB208, s. 1 1Section 1. 48.685 (5) (bm) 4. of the statutes is amended to read:
AB208,2,72 48.685 (5) (bm) 4. A violation of s. 940.19 (3), 1999 stats., or of s. 125.075 (1),
3125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3), 125.68 (12), 940.09, 940.19 (2), (4), (5),
4or (6), 940.20, 940.203, 940.205, 940.207, or 940.25, a violation of s. 346.63 (1), (2),
5(5), or (6) that is a felony under s. 346.65 (2) (am) 5., 6., or 3. to 7., or (f), (2j) (d), or
6(3m), or an offense under ch. 961 that is a felony, if committed not more than 5 years
7before the date of the investigation under sub. (2) (am).
AB208, s. 2 8Section 2. 48.685 (5) (br) 6. of the statutes is amended to read:
AB208,3,8
148.685 (5) (br) 6. A violation of s. 125.075 (1), 125.085 (3) (a) 2., 125.105 (2) (b),
2125.66 (3), 125.68 (12), 940.09, 940.19 (2), (4), (5), or (6), 940.20, 940.203, 940.205,
3940.207, 940.25, or 943.23 (1g), a violation of s. 948.51 (2) that is a felony under s.
4948.51 (3) (b) or (c), a violation of s. 346.63 (1), (2), (5), or (6) that is a felony under
5s. 346.65 (2) (am) 5., 6., or 3. to 7., or (f), (2j) (d), or (3m), or an offense under ch. 961
6that is a felony, if the person completed his or her sentence, including any probation,
7parole, or extended supervision, or was discharged by the department of corrections,
8less than 5 years before the date of the investigation under sub. (2) (am) or (b) 1.
AB208, s. 3 9Section 3. 346.65 (2) (am) 3. of the statutes is amended to read:
AB208,3,1610 346.65 (2) (am) 3. Except as provided in pars. (cm), (f), and (g), is guilty of a class
11H felony and
shall be fined not less than $600 nor more than $2,000 and imprisoned
12for not less than 45 days nor more than one year in the county jail if the number of
13convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total
14number of suspensions, revocations, and other convictions counted under s. 343.307
15(1), equals 3, except that suspensions, revocations, or convictions arising out of the
16same incident or occurrence shall be counted as one.
AB208, s. 4 17Section 4. 346.65 (2) (am) 4. of the statutes is amended to read:
AB208,3,2418 346.65 (2) (am) 4. Except as provided in subd. 4m. and pars. (dm), (f), and (g),
19is guilty of a Class H felony and shall be fined not less than $600 nor more than $2,000
20and imprisoned for not less than 60 days nor more than one year in the county jail
21if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime,
22plus the total number of suspensions, revocations, and other convictions counted
23under s. 343.307 (1), equals 4, except that suspensions, revocations, or convictions
24arising out of the same incident or occurrence shall be counted as one.
AB208, s. 5 25Section 5. 346.65 (2) (am) 4m. of the statutes is amended to read:
AB208,4,9
1346.65 (2) (am) 4m. Except as provided in pars. (f) and (g), is guilty of a Class
2H G felony and shall be fined not less than $600 and imprisoned for not less than 6
3months if the number of convictions under ss. 940.09 (1) and 940.25 in the person's
4lifetime, plus the total number of suspensions, revocations, and other convictions
5counted under s. 343.307 (1), equals 4 and the person committed an offense that
6resulted in a suspension, revocation, or other conviction counted under s. 343.307 (1)
7within 5 years prior to the day of current offense, except that suspensions,
8revocations, or convictions arising out of the same incident or occurrence shall be
9counted as one.
AB208, s. 6 10Section 6. 346.65 (2) (am) 5. of the statutes is amended to read:
AB208,4,1611 346.65 (2) (am) 5. Except as provided in pars. (f) and (g), is guilty of a Class H
12G felony and shall be fined not less than $600 and imprisoned for not less than 6
13months if the number of convictions under ss. 940.09 (1) and 940.25 in the person's
14lifetime, plus the total number of suspensions, revocations and other convictions
15counted under s. 343.307 (1), equals 5 or 6, except that suspensions, revocations or
16convictions arising out of the same incident or occurrence shall be counted as one.
AB208, s. 7 17Section 7. 346.65 (2) (am) 6. of the statutes is amended to read:
AB208,4,2418 346.65 (2) (am) 6. Except as provided in par. (f), is guilty of a Class G F felony
19if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime,
20plus the total number of suspensions, revocations, and other convictions counted
21under s. 343.307 (1), equals 7, 8, or 9, except that suspensions, revocations, or
22convictions arising out of the same incident or occurrence shall be counted as one.
23The confinement portion of a bifurcated sentence imposed on the person under s.
24973.01 shall be not less than 3 years.
AB208, s. 8 25Section 8. 346.65 (2) (am) 7. of the statutes is amended to read:
AB208,5,7
1346.65 (2) (am) 7. Except as provided in par. (f), is guilty of a Class F E felony
2if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime,
3plus the total number of suspensions, revocations, and other convictions counted
4under s. 343.307 (1), equals 10 or more except that suspensions, revocations, or
5convictions arising out of the same incident or occurrence shall be counted as one.
6The confinement portion of a bifurcated sentence imposed on the person under s.
7973.01 shall be not less than 4 years.
AB208, s. 9 8Section 9. 973.09 (2) (a) 1. d. of the statutes is amended to read:
AB208,5,119 973.09 (2) (a) 1. d. A misdemeanor under s. 23.33 (4c) or (4p) (e), 30.681, 30.684
10(5), 350.101, 350.104 (5), or 350.17 or a misdemeanor punishable under s. 346.63 to
11which s. 973.09 (1) (d) applies
346.65 (2) (am) 2.
AB208, s. 10 12Section 10. 973.09 (2) (am) of the statutes is repealed.
AB208, s. 11 13Section 11. Initial applicability.
AB208,5,1914 (1) This act first applies to violations committed or refusals occurring on the
15effective date of this subsection, but does not preclude the counting of other
16convictions, suspensions, or revocations as prior convictions, suspensions, or
17revocations for purposes of administrative action by the department of
18transportation, sentencing by a court, or revocation or suspension of motor vehicle
19operating privileges.
AB208,5,2020 (End)
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