LRBs0394/1
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1995 - 1996 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
To 1995 SENATE BILL 404
January 11, 1996 - Offered by Senator Adelman.
SB404-SSA1,1,10
1An Act to repeal 340.01 (46m) (a), 885.235 (1) (a) 2., 885.235 (1) (b) and 885.235
2(1) (cd);
to renumber 885.235 (1) (a) 1.;
to consolidate, renumber and
3amend 340.01 (46m) (intro.) and (b);
to amend 23.33 (4c) (a) 2. and 3., 23.33
4(4c) (b) 2., 23.33 (4c) (b) 4., 30.681 (1) (b), 30.681 (2) (b), 30.681 (2) (d), 343.31
5(1) (ar), 346.63 (2m), 346.63 (5) (a), 346.63 (6) (a), 350.101 (1) (b) and (c), 350.101
6(2) (b), 350.101 (2) (d), 885.235 (1) (c), 885.235 (1m), 885.235 (4), 940.09 (1)
7(intro.), 940.09 (1) (bm), 940.09 (1g) (b), 940.25 (1) (bm), 949.08 (2) (em) and
8967.055 (1) (b); and
to create 23.33 (1) (jc), 30.50 (9f), 350.01 (10b) and 885.235
9(5) (d) of the statutes;
relating to: homicide by intoxicated use of a vehicle, the
10alcohol concentration of vehicle operators and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB404-SSA1, s. 1
11Section
1. 23.33 (1) (jc) of the statutes is created to read:
SB404-SSA1,1,1312
23.33
(1) (jc) "Prohibited alcohol concentration" has the meaning given in s.
13340.01 (46m).
SB404-SSA1, s. 2
14Section
2. 23.33 (4c) (a) 2. and 3. of the statutes are amended to read:
SB404-SSA1,2,6
123.33
(4c) (a) 2. Operating with alcohol concentrations at or above specified
2levels. No person may engage in the operation of an all-terrain vehicle while the
3person has a
blood prohibited alcohol concentration
of 0.1% or more by weight of
4alcohol in his or her blood. No person may engage in the operation of an all-terrain
5vehicle while the person has 0.1 grams or more of alcohol in 210 liters of his or her
6breath.
SB404-SSA1,2,127
3. Operating with alcohol concentrations at specified levels; below age 19. If
8a person has not attained the age of 19, the person may not engage in the operation
9of an all-terrain vehicle while he or she has a blood alcohol concentration of more
10than 0.0% but not more than
0.1% by weight of alcohol in his or her blood or more than
110.0 grams but not more than 0.1 grams of alcohol in 210 liters of his or her breath the
12prohibited alcohol concentration.
SB404-SSA1, s. 3
13Section
3. 23.33 (4c) (b) 2. of the statutes is amended to read:
SB404-SSA1,2,1914
23.33
(4c) (b) 2. Causing injury with alcohol concentrations at or above
15specified levels. No person who has a
blood prohibited alcohol concentration
of 0.1%
16or more by weight of alcohol in his or her blood may cause injury to another person
17by the operation of an all-terrain vehicle.
No person who has 0.1 grams or more of
18alcohol in 210 liters of his or her breath may cause injury to another person by the
19operation of an all-terrain vehicle.
SB404-SSA1, s. 4
20Section
4. 23.33 (4c) (b) 4. of the statutes is amended to read:
SB404-SSA1,3,221
23.33
(4c) (b) 4. Defenses. In an action under this paragraph, the defendant
22has a defense if he or she proves by a preponderance of the evidence that the injury
23would have occurred even if he or she had been exercising due care and he or she had
24not been under the influence of an intoxicant or did not have a
blood prohibited
1alcohol concentration
of 0.1% or more by weight of alcohol in his or her blood or 0.1
2grams or more of alcohol in 210 liters of his or her breath.
SB404-SSA1,3,54
30.50
(9f) "Prohibited alcohol concentration" has the meaning given in s.
5340.01 (46m).
SB404-SSA1,3,117
30.681
(1) (b)
Operating with alcohol concentrations at or above specified levels. 8No person may engage in the operation of a motorboat while the person has a
blood 9prohibited alcohol concentration
of 0.1% or more by weight of alcohol in his or her
10blood. No person may engage in the operation of a motorboat while the person has
110.1 grams or more of alcohol in 210 liters of his or her breath.
SB404-SSA1, s. 7
12Section
7. 30.681 (2) (b) of the statutes is amended to read:
SB404-SSA1,3,1813
30.681
(2) (b)
Causing injury with alcohol concentrations at or above specified
14levels. No person who has a
blood prohibited alcohol concentration
of 0.1% or more
15by weight of alcohol in his or her blood may cause injury to another person by the
16operation of a motorboat.
No person who has 0.1 grams or more of alcohol in 210 liters
17of his or her breath may cause injury to another person by the operation of a
18motorboat.
SB404-SSA1, s. 8
19Section
8. 30.681 (2) (d) of the statutes is amended to read:
SB404-SSA1,3,2520
30.681
(2) (d)
Defenses. In an action under this subsection, the defendant has
21a defense if he or she proves by a preponderance of the evidence that the injury would
22have occurred even if he or she had been exercising due care and he or she had not
23been under the influence of an intoxicant or did not have a
blood prohibited alcohol
24concentration
of 0.1% or more by weight of alcohol in his or her blood or 0.1 grams
25or more of alcohol in 210 liters of his or her breath.
SB404-SSA1, s. 9
1Section
9. 340.01 (46m) (intro.) and (b) of the statutes are consolidated,
2renumbered 340.01 (46m) and amended to read:
SB404-SSA1,4,73
340.01
(46m) "Prohibited alcohol concentration" means
one of the following:
4(b) If the person has 2 or more prior convictions, suspensions or revocations, as
5counted under s. 343.307 (1), a blood alcohol concentration of 0.08% or more by
6weight of alcohol in the person's blood or 0.08 grams or more of alcohol in 210 liters
7of the person's breath.
SB404-SSA1,4,1210
343.31
(1) (ar) Injury by the operation of a commercial motor vehicle while the
11person has an alcohol concentration of 0.04 or more but less than
0.1 0.08 and which
12is criminal under s. 346.63 (6).
SB404-SSA1,4,2314
346.63
(2m) If a person has not attained the age of 19, the person may not drive
15or operate a motor vehicle while he or she has a blood alcohol concentration of more
16than 0.0% but not more than
0.1% by weight of alcohol in the person's blood or more
17than 0.0 grams but not more than 0.1 grams of alcohol in 210 liters of that person's
18breath the prohibited alcohol concentration. One penalty for violation of this
19subsection is suspension of a person's operating privilege under s. 343.30 (1p). The
20person is eligible for an occupational license under s. 343.10 at any time. If a person
21arrested for a violation of this subsection refuses to take a test under s. 343.305, the
22refusal is a separate violation and the person is subject to revocation of the person's
23operating privilege under s. 343.305 (10) (em).
SB404-SSA1,5,2
1346.63
(5) (a) No person may drive or operate a commercial motor vehicle while
2the person has an alcohol concentration of 0.04 or more but less than
0.1 0.08.
SB404-SSA1,5,64
346.63
(6) (a) No person may cause injury to another person by the operation
5of a commercial motor vehicle while the person has an alcohol concentration of 0.04
6or more but less than
0.1 0.08.
SB404-SSA1,5,98
350.01
(10b) "Prohibited alcohol concentration" has the meaning given in s.
9340.01 (46m).
SB404-SSA1, s. 16
10Section
16. 350.101 (1) (b) and (c) of the statutes are amended to read:
SB404-SSA1,5,1511
350.101
(1) (b)
Operating with alcohol concentrations at or above specified
12levels. No person may engage in the operation of a snowmobile while the person has
13a
blood prohibited alcohol concentration
of 0.1% or more by weight of alcohol in his
14or her blood. No person may engage in the operation of a snowmobile while the
15person has 0.1 grams or more of alcohol in 210 liters of his or her breath.
SB404-SSA1,5,2116
(c)
Operating with alcohol concentrations at specified levels; below age 19. If
17a person has not attained the age of 19, the person may not engage in the operation
18of a snowmobile while he or she has a blood alcohol concentration of more than 0.0%
19but not more than
0.1% by weight of alcohol in his or her blood or more than 0.0 grams
20but not more than 0.1 grams of alcohol in 210 liters of his or her breath the prohibited
21alcohol concentration.
SB404-SSA1,6,323
350.101
(2) (b)
Causing injury with alcohol concentrations at or above specified
24levels. No person who has a
blood prohibited alcohol concentration
of 0.1% or more
25by weight of alcohol in his or her blood may cause injury to another person by the
1operation of a snowmobile.
No person who has 0.1 grams or more of alcohol in 210
2liters of his or her breath may cause injury to another person by the operation of a
3snowmobile.
SB404-SSA1,6,105
350.101
(2) (d)
Defenses. In an action under this subsection, the defendant has
6a defense if he or she proves by a preponderance of the evidence that the injury would
7have occurred even if he or she had been exercising due care and he or she had not
8been under the influence of an intoxicant or did not have a
blood prohibited alcohol
9concentration
of 0.1% or more by weight of alcohol in his or her blood or 0.1 grams
10or more of alcohol in 210 liters of his or her breath.
SB404-SSA1, s. 19
11Section
19. 885.235 (1) (a) 1. of the statutes is renumbered 885.235 (1) (a).
SB404-SSA1,6,1915
885.235
(1) (c) The fact that the analysis shows that there was
0.1% 0.08% or
16more by weight of alcohol in the person's blood or
0.1
0.08 grams or more of alcohol
17in 210 liters of the person's breath is prima facie evidence that he or she was under
18the influence of an intoxicant and is prima facie evidence that he or she had an
19alcohol concentration of
0.1 0.08 or more.
