AB439: Bill Text

AB439,27,25 350.11 (3) (a) 4b. A person who violates s. 350.101 (1) (a), (b), or (bm) or 350.104 (5) and who, within 5 years prior to the arrest for the current violation, was convicted 3 times previously under the intoxicated operating law, the recreational vehicle and boating refusal law, or any combination of these laws, shall be fined not less than $600 nor more than $2,000 and shall be imprisoned not less than 60 days nor more than one year in the county jail.

AB439, s. 75 Section 75. 350.11 (3) (a) 5. of the statutes is created to read:

AB439,28,7 350.11 (3) (a) 5. A person who violates s. 350.101 (1) (a), (b), or (bm) or 350.104 (5) and who, within 5 years prior to the arrest for the current violation, was convicted 4 or more times previously under the intoxicated operating law, the recreational vehicle and boating refusal law, or any combination of these laws, shall be fined not less than $600 nor more than $2,000 and shall be imprisoned not less than 6 months nor more than one year in the county jail.

AB439, s. 76 Section 76. 350.11 (3) (am) of the statutes is created to read:

AB439,28,13 350.11 (3) (am) Penalties related to operating with underage passengers. If there is a passenger under 16 years of age on a snowmobile at the time of a violation that gives rise to a conviction under s. 350.101 (1) (a), (b), or (bm) or 350.104 (5), the applicable minimum and maximum forfeitures, fines, and terms of imprisonment under par. (a) 1., 2., 3., 4b., and 5. for the conviction are doubled.

AB439, s. 77 Section 77. 350.11 (3) (ar) of the statutes is created to read:

AB439,28,25 350.11 (3) (ar) Alcohol and drug treatment alternatives. 1. In any county that opts to offer a reduced minimum period of imprisonment for the successful completion of a probation period that includes alcohol and other drug treatment, if the number of suspensions, revocations, and convictions for a violation of the intoxicated snowmobiling law or the snowmobiling refusal law within a 5-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. (a) 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.

AB439,29,10 2. In any county that opts to offer a reduced minimum period of imprisonment for the successful completion of a probation period that includes alcohol and other drug treatment, if the number of suspensions, revocations, and convictions for a violation of the intoxicated snowmobiling law or the snowmobiling refusal law within a 5-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. (a) 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 14 days.

AB439,29,20 3. In any county that opts to offer a reduced minimum period of imprisonment for the successful completion of a probation period that includes alcohol and other drug treatment, if the number of suspensions, revocations, and convictions for a violation of the intoxicated snowmobiling law or the snowmobiling refusal law within a 5-year period equals 4, 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. (a) 4b., but the period of imprisonment shall be not less than 60 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 29 days.

AB439,29,22 4. A person may be sentenced under this paragraph or under s. 23.33 (13) (bm) or 30.80 (6) (ar) once in his or her lifetime.

AB439, s. 78 Section 78. 350.11 (3) (bg) of the statutes is created to read:

AB439,30,5 350.11 (3) (bg) Penalties related to suspension and revocation. 1. A person who operates a recreational vehicle in violation of s. 350.1075 (2) (a) is subject to a forfeiture of not less than $50 nor more than $250. In addition, for each such violation, the court may suspend the person's privilege to operate a recreational vehicle for a period of not more than 6 months. Whenever a court suspends an operating privilege under this subdivision, the court shall notify the department of that action.

AB439,30,10 2. A person who operates a snowmobile in violation of s. 350.1075 (2) (b) is subject to a forfeiture of not less than $150 nor more than $300. In addition, the court may suspend the person's privilege to operate a recreational vehicle for a period of not more than 6 months. Whenever a court suspends an operating privilege under this subdivision, the court shall notify the department of that action.

AB439, s. 79 Section 79. 350.11 (3) (bm) of the statutes is amended to read:

AB439,30,15 350.11 (3) (bm) Sentence of detention. The legislature intends that courts use the sentencing option under s. 973.03 (4) whenever appropriate for persons subject to par. (a) 2. or, 3., 4b., or 5. or (b). The use of this option can result in significant cost savings for the state and local governments.

AB439, s. 80 Section 80. 350.11 (3) (c) of the statutes is renumbered 350.11 (3) (c) 1. and amended to read:

AB439,30,20 350.11 (3) (c) 1. In determining the number of previous convictions under par. (a) 2. and 3. to 5., convictions arising out of the same incident or occurrence shall be counted as one previous conviction.

AB439, s. 81 Section 81. 350.11 (3) (c) 2. of the statutes is created to read:

AB439,31,5 350.11 (3) (c) 2. In determining the number of previous convictions under par. (a) 2. to 5., previous convictions under the intoxicated snowmobiling law or the snowmobiling refusal law that occurred before, on, or after the effective date of this subdivision .... [LRB inserts date], and previous convictions under the intoxicated operation of an all-terrain vehicle law, as defined in s. 23.33 (1) (ic), the all-terrain vehicle refusal law, as defined in s. 23.33 (1) (br), the intoxicated boating law, as defined in s. 30.50 (4m), or the boating refusal law, as defined in s. 30.50 (2c), that occur after the effective date of this subdivision .... [LRB inserts date], shall count as previous convictions.

AB439, s. 82 Section 82. 350.11 (3) (cm) of the statutes is amended to read:

AB439,31,12 350.11 (3) (cm) Reporting convictions to the department. Whenever a person is convicted of a violation of the intoxicated snowmobiling law or the snowmobiling refusal law, the clerk of the court in which the conviction occurred, or the justice, judge or magistrate of a court not having a clerk, shall forward to the department the record of such conviction. The record of conviction forwarded to the department shall state whether the offender was involved in an accident at the time of the offense.

AB439, s. 83 Section 83. 350.11 (3) (e) of the statutes is created to read:

AB439,31,21 350.11 (3) (e) Certificate of completion of safety program. In addition to any other penalty or order, a person who for the first time violates the intoxicated snowmobiling law or the snowmobiling refusal law shall be ordered by the court to obtain a certificate of satisfactory completion of a safety program established under s. 350.055 (1). If the person has a valid certificate at the time that the court imposes sentence for such a violation, the court shall permanently revoke the certificate and order the person to obtain another certificate of satisfactory completion of the safety program.

AB439, s. 84 Section 84. 940.09 (1m) (b) of the statutes is amended to read:

AB439,32,7 940.09 (1m) (b) If a person is charged in an information with any of the combinations of crimes referred to in par. (a), the crimes shall be joined under s. 971.12. If the person is found guilty of more than one of the crimes so charged for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 23.33 (13) (b) 2. and 3. to 5., under s. 30.80 (6) (a) 2. and 3. to 5., under s. 343.307 (1) or under s. 350.11 (3) (a) 2. and 3. to 5. Subsection (1) (a), (am), (b), (bm), (c), (cm), (d), and (e) each require proof of a fact for conviction which the others do not require, and sub. (1g) (a), (am), (b), (c), (cm), and (d) each require proof of a fact for conviction which the others do not require.

AB439, s. 85 Section 85. 940.25 (1m) (b) of the statutes is amended to read:

AB439,32,17 940.25 (1m) (b) If a person is charged in an information with any of the combinations of crimes referred to in par. (a), the crimes shall be joined under s. 971.12. If the person is found guilty of more than one of the crimes so charged for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 23.33 (13) (b) 2. and 3. to 5., under s. 30.80 (6) (a) 2. or 3. to 5., under ss. 343.30 (1q) and 343.305 or under s. 350.11 (3) (a) 2. and 3. to 5. Subsection (1) (a), (am), (b), (bm), (c), (cm), (d), and (e) each require proof of a fact for conviction which the others do not require.

AB439, s. 86 Section 86. Effective date.

AB439,32,20 (1) This act takes effect on the first day of the 4th month beginning after publication.

AB439,32,21 (End)