LRB-1999/1
EVM:emw&ahe
2017 - 2018 LEGISLATURE
February 21, 2017 - Introduced by Senators Darling, Carpenter, Hansen,
Harsdorf, Marklein, Nass, Olsen and Stroebel, cosponsored by
Representatives Ott, Jagler, Zepnick, Allen, Anderson, Ballweg, Berceau,
E. Brooks, Gannon, Horlacher, Jacque, Knodl, Kolste, Kooyenga, Kremer,
Loudenbeck, Mursau, Murphy, Novak, Quinn, Ripp, Sanfelippo, Skowronski,
Spiros, Spreitzer, Subeck, Tittl and Tusler. Referred to Committee on
Judiciary and Public Safety.
SB74,1,3 1An Act to amend 343.301 (2m) (a), 347.413 (1) and 347.50 (1t) of the statutes;
2relating to: court orders regarding the installation of an ignition interlock
3device and providing a criminal penalty.
Analysis by the Legislative Reference Bureau
This bill provides specific requirements for court orders related to persons
whose operating privilege is restricted to operating vehicles that are equipped with
an ignition interlock device.
Under current law, a court is required, with an exception related to
participation in a sobriety program, to order that a person's motor vehicle operating
privilege be restricted to operating vehicles that are equipped with an ignition
interlock device if a person commits certain offenses related to drunken driving.
Under current law, the operating privilege restriction begins on the date the
Department of Transportation issues an operator's license and stays in place for not
less than one year nor more than the maximum operating privilege revocation period
permitted for the refusal or violation. A person who violates the operating privilege
restriction by failing to install, removing, disconnecting, or otherwise tampering
with the ignition interlock device may be fined not less than $150 nor more than
$600, imprisoned for not more than six months, or both, for the first offense, and may
be fined not less than $300 nor more than $1,000, or imprisoned for not more than
six months, or both, for a second or subsequent offense.
Currently, the court may order that the ignition interlock device be installed
immediately upon issuing the order that the person's operating privilege be
restricted to operating a vehicle with an ignition interlock device.

Under this bill, when a court orders that the person's operating privilege be
restricted to operating a vehicle with an ignition interlock device, the court may
specify the date by which the device must be installed. Also under this bill, the
operating privilege restriction takes effect immediately upon the issuing of the order
restricting the person's operating privilege. The operating privilege restriction
remains in place for not less than one year after DOT issues an operator's license nor
more than the maximum operating privilege revocation period after DOT issues an
operator's license. A violation of the operating privilege restriction is subject to the
same penalty provided for failing to install, removing, disconnecting, or otherwise
tampering with the ignition interlock device.
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:
SB74,1 1Section 1. 343.301 (2m) (a) of the statutes is amended to read:
SB74,2,152 343.301 (2m) (a) If the court enters an order under sub. (1g) (am) 1., the court
3shall restrict the operating privilege under sub. (1g) (am) 1. beginning on the date
4the order under sub. (1g) (am) 1. is issued and extending
for a period of not less than
5one year after the date the department issues any license granted under this chapter
6nor more than the maximum operating privilege revocation period permitted for the
7refusal or violation, beginning on the date the department issues any license granted
8under this chapter,
after the date the department issues any license granted under
9this chapter
except that if the maximum operating privilege revocation period is less
10than one year, the court shall restrict the operating privilege under sub. (1g) (am) 1.
11for a period of one year after the department issues any license granted under this
12chapter
. The If the court enters an order under sub. (1g) (am) 1., the court may order
13the installation of specify the date by which an ignition interlock device under sub.
14(1g) (am) 1. immediately upon issuing an order under sub. (1g) (am) 1. shall be
15installed.
SB74,2
1Section 2. 347.413 (1) of the statutes is amended to read:
SB74,3,102 347.413 (1) No person may remove, disconnect, tamper with, or otherwise
3circumvent the operation of an ignition interlock device installed in response to the
4court order under s. 346.65 (6), 1999 stats., or s. 343.301 (1), 2007 stats., or s. 343.301
5(1g), or fail to have the ignition interlock device installed as ordered by the court, or
6violate a court order under s. 343.301 (1g) restricting the person's operating
7privilege
. This subsection does not apply to the removal of an ignition interlock
8device upon the expiration of the order requiring the motor vehicle to be so equipped
9or to necessary repairs to a malfunctioning ignition interlock device by a person
10authorized by the department.
SB74,3 11Section 3. 347.50 (1t) of the statutes is amended to read:
SB74,3,1512 347.50 (1t) In addition to the penalty under sub. (1s), if a person who is subject
13to an order under s. 343.301 violates s. 347.413, the court shall extend the order
14restricting the person's operating privilege under s. 343.301 (1g) or (2m) for 6 months
15for each violation.
SB74,4 16Section 4. Initial applicability.
SB74,3,1817 (1) This act first applies to a court order issued on the effective date of this
18subsection.
SB74,3,1919 (End)
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