Amendment ASA1-AB665

LRBs0484/1

RPN:cmh:km

1999 - 2000 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 1999 ASSEMBLY BILL 665

March 29, 2000 - Offered by Representative Ott.

AB665-ASA1,1,6 An Act to amend 343.30 (1q) (b) 3., 343.30 (1q) (b) 4., 343.305 (10) (b) 3., 343.305 (10) (b) 4., 343.305 (10m), 343.31 (3) (bm) 3., 343.31 (3) (bm) 4., 346.65 (2) (b), 346.65 (2) (c), (d) and (e), 346.65 (2j) (b), 346.65 (2j) (c), 346.65 (2w), 346.65 (6) (a) 1., 346.65 (6) (a) 2., 346.65 (6) (a) 2m., 346.65 (6) (d), 940.09 (1d) and 940.25 (1d) of the statutes; relating to: counting of certain convictions in drunk driving cases.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB665-ASA1, s. 1 Section 1. 343.30 (1q) (b) 3. of the statutes is amended to read:

AB665-ASA1,2,3 343.30 (1q) (b) 3. Except as provided in subd. 4m., 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 (1) within a 10-year period, equals 2, the court shall revoke the person's operating privilege for not less than one year nor more than 18 months. After the first 60 days of the revocation period, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan ordered under par. (c).

AB665-ASA1, s. 2 Section 2. 343.30 (1q) (b) 4. of the statutes is amended to read:

AB665-ASA1,2,11 343.30 (1q) (b) 4. Except as provided in subd. 4m., 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 (1), equals 3 or more, the court shall revoke the person's operating privilege for not less than 2 years nor more than 3 years. After the first 90 days of the revocation period, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan ordered under par. (c).

AB665-ASA1, s. 3 Section 3. 343.305 (10) (b) 3. of the statutes is amended to read:

AB665-ASA1,2,19 343.305 (10) (b) 3. Except as provided in subd. 4m., 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) within a 10-year period, equals 2, the court shall revoke the person's operating privilege for 2 years. After the first 90 days of the revocation period, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan.

AB665-ASA1, s. 4 Section 4. 343.305 (10) (b) 4. of the statutes is amended to read:

AB665-ASA1,3,2 343.305 (10) (b) 4. Except as provided in subd. 4m., 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, the court shall revoke the person's operating privilege for 3 years. After the first 120 days of the revocation period, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan.

AB665-ASA1, s. 5 Section 5. 343.305 (10m) of the statutes is amended to read:

AB665-ASA1,3,11 343.305 (10m) Refusals; seizure, immobilization or ignition interlock of a motor vehicle. If the person whose operating privilege is revoked under sub. (10) has 2 or more prior convictions, suspensions or revocations, as counting convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the other convictions, suspensions and revocations counted under s. 343.307 (1), the procedure under s. 346.65 (6) shall be followed regarding the immobilization or seizure and forfeiture of a motor vehicle owned by the person or the equipping of a motor vehicle owned by the person with an ignition interlock device.

AB665-ASA1, s. 6 Section 6. 343.31 (3) (bm) 3. of the statutes is amended to read:

AB665-ASA1,3,22 343.31 (3) (bm) 3. Except as provided in subd. 4m., 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, the department shall revoke the person's operating privilege for not less than one year nor more than 18 months. If an Indian tribal court in this state revokes the person's privilege to operate a motor vehicle on tribal lands for not less than one year nor more than 18 months for the conviction specified in par. (bm) (intro.), the department shall impose the same period of revocation. After the first 60 days of the revocation period, the person is eligible for an occupational license under s. 343.10.

AB665-ASA1, s. 7 Section 7. 343.31 (3) (bm) 4. of the statutes is amended to read:

AB665-ASA1,4,7 343.31 (3) (bm) 4. Except as provided in subd. 4m., 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 or more, the department shall revoke the person's operating privilege for not less than 2 years nor more than 3 years. If an Indian tribal court in this state revokes the person's privilege to operate a motor vehicle on tribal lands for not less than 2 years nor more than 3 years for the conviction specified in par. (bm) (intro.), the department shall impose the same period of revocation. After the first 90 days of the revocation period, the person is eligible for an occupational license under s. 343.10.

AB665-ASA1, s. 8 Section 8. 346.65 (2) (b) of the statutes is amended to read:

AB665-ASA1,4,15 346.65 (2) (b) Except as provided in par. (f), 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 total 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 within a 10-year period. Suspensions, revocations or convictions arising out of the same incident or occurrence shall be counted as one.

AB665-ASA1, s. 9 Section 9. 346.65 (2) (c), (d) and (e) of the statutes are amended to read:

AB665-ASA1,4,23 346.65 (2) (c) Except as provided in par. (f), 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 total 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.

AB665-ASA1,5,4 (d) Except as provided in par. (f), 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 total 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.

AB665-ASA1,5,10 (e) Except as provided in par. (f), shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 6 months nor more than 5 years if the total 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 5 or more, except that suspensions, revocations or convictions arising out of the same incident or occurrence shall be counted as one.

AB665-ASA1, s. 10 Section 10. 346.65 (2j) (b) of the statutes is amended to read:

AB665-ASA1,5,17 346.65 (2j) (b) Except as provided in par. (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 total 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 within a 10-year period.

AB665-ASA1, s. 11 Section 11. 346.65 (2j) (c) of the statutes is amended to read:

AB665-ASA1,5,23 346.65 (2j) (c) Except as provided in par. (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 total of prior number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the number of other convictions, suspensions and revocations counted under s. 343.307 (2), equals 3 or more.

AB665-ASA1, s. 12 Section 12. 346.65 (2w) of the statutes is amended to read:

AB665-ASA1,6,10 346.65 (2w) In determining the number of prior convictions for purposes of sub. (2j), the court shall count convictions under ss. 940.09 (1) and 940.25 during the person's lifetime, plus the total number of suspensions, revocations and other convictions that would be counted under s. 343.307 (2). Revocations, suspensions and convictions arising out of the same incident or occurrence shall be counted as one. The time period shall be measured from the dates of the refusals or violations which resulted in the revocation, suspension or convictions. If a person has a suspension, revocation or conviction for any offense that is counted under s. 343.307 (2), that suspension, revocation or conviction shall count as a prior suspension, revocation or conviction under this section.

AB665-ASA1, s. 13 Section 13. 346.65 (6) (a) 1. of the statutes is amended to read:

AB665-ASA1,6,24 346.65 (6) (a) 1. Except as provided in this paragraph, the court may order a law enforcement officer to seize a motor vehicle, or, if the motor vehicle is not ordered seized, shall order a law enforcement officer to equip the motor vehicle with an ignition interlock device or immobilize any motor vehicle owned by the person whose operating privilege is revoked under s. 343.305 (10) or who committed a violation of s. 346.63 (1) (a), (b) or (2) (a) 1. or 2., 940.09 (1) (a), (b), (c) or (d) or 940.25 (1) (a), (b), (c) or (d) if the person whose operating privilege is revoked under s. 343.305 (10) or who is convicted of the violation has 2 prior suspensions, revocations or convictions that would be, counting convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus suspensions, revocations or other convictions counted under s. 343.307 (1). The court shall not order a motor vehicle equipped with an ignition interlock device or immobilized if that would result in undue hardship or extreme inconvenience or would endanger the health and safety of a person.

AB665-ASA1, s. 14 Section 14. 346.65 (6) (a) 2. of the statutes is amended to read:

AB665-ASA1,7,8 346.65 (6) (a) 2. The court shall order a law enforcement officer to seize a motor vehicle owned by a person whose operating privilege is revoked under s. 343.305 (10) or who commits a violation of s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09 (1) (a), (b), (c) or (d) or 940.25 (1) (a), (b), (c) or (d) if the person whose operating privilege is revoked under s. 343.305 (10) or who is convicted of the violation has 3 or more prior suspensions, revocations or convictions that would be , counting convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus suspensions, revocations or other convictions counted under s. 343.307 (1).

AB665-ASA1, s. 15 Section 15. 346.65 (6) (a) 2m. of the statutes is amended to read:

AB665-ASA1,8,4 346.65 (6) (a) 2m. A person who owns a motor vehicle subject to seizure, equipping with an ignition interlock device or immobilization under this paragraph shall surrender to the clerk of circuit court the certificate of title issued under ch. 342 for every motor vehicle owned by the person. The person shall comply with this subdivision within 5 working days after receiving notification of this requirement from the district attorney. When a district attorney receives a copy of a notice of intent to revoke the operating privilege under s. 343.305 (9) (a) of a person who has 2 or more convictions, suspensions or revocations, as counting convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus suspensions, revocations or other convictions counted under s. 343.307 (1), or when a district attorney notifies the department of the filing of a criminal complaint against a person under s. 342.12 (4) (a), the district attorney shall notify the person of the requirement to surrender all certificates of title to the clerk of circuit court. The notification shall include the time limits for that surrender, the penalty for failure to comply with the requirement and the address of the clerk of circuit court. The clerk of circuit court shall promptly return each certificate of title surrendered to the clerk of circuit court under this subdivision after stamping the certificate of title with the notation "Per section 346.65 (6) of the Wisconsin statutes, ownership of this motor vehicle may not be transferred without prior court approval". Any person failing to surrender a certificate of title as required under this subdivision shall forfeit not more than $500.

AB665-ASA1, s. 16 Section 16. 346.65 (6) (d) of the statutes is amended to read:

AB665-ASA1,8,18 346.65 (6) (d) At the hearing set under par. (c), the state has the burden of proving to a reasonable certainty by the greater weight of the credible evidence that the motor vehicle is a motor vehicle owned by a person who committed a violation of s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09 (1) (a), (b), (c) or (d) or 940.25 (1) (a), (b), (c) or (d) and, if the seizure is under par. (a) 1., that the person had 2 prior convictions, suspensions or revocations, as counting convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus suspensions, revocations or other convictions counted under s. 343.307 (1) or, if the seizure is under par. (a) 2., 3 or more prior convictions, suspensions or revocations, as counting convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus suspensions, revocations or other convictions counted under s. 343.307 (1). If the ,, (c) or (d) ,, (c) or (d) state fails to meet the burden of proof required under this paragraph, the motor vehicle shall be returned to the owner upon the payment of storage costs.

AB665-ASA1, s. 17 Section 17. 940.09 (1d) of the statutes is amended to read:

AB665-ASA1,9,2 940.09 (1d) If the person who committed an offense under sub. (1) (a), (b), (c) or (d) has 2 or more prior convictions, suspensions or revocations, as counting convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus suspensions, revocations or other convictions counted under s. 343.307 (1), the procedure under s. 346.65 (6) may be followed regarding the immobilization or seizure and forfeiture of a motor vehicle owned by the person who committed the offense or the equipping of a motor vehicle owned by the person with an ignition interlock device.

AB665-ASA1, s. 18 Section 18. 940.25 (1d) of the statutes is amended to read:

AB665-ASA1,9,10 940.25 (1d) If the person who committed the offense under sub. (1) (a), (b), (c) or (d) has 2 or more prior convictions, suspensions or revocations, as counting convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus suspensions, revocations or other convictions counted under s. 343.307 (1), the procedure under s. 346.65 (6) may be followed regarding the immobilization or seizure and forfeiture of a motor vehicle owned by the person who committed the offense or the equipping of a motor vehicle owned by the person with an ignition interlock device.

AB665-ASA1, s. 19 Section 19. Initial applicability.

AB665-ASA1,9,15 (1) This act first applies to offenses committed on the effective date of this subsection, but does not preclude the counting of other convictions, suspensions or revocations as prior convictions, suspensions or revocations for purposes of administrative action by the department of transportation or sentencing by a court.

AB665-ASA1,9,16 (End)