AB221: Bill Text Engrossed

AB221-engrossed, s. 21 Section 21. 343.30 (6) (b) of the statutes is amended to read:

AB221-engrossed,9,13 343.30 (6) (b) If a court imposes suspension or revocation of a person's operating privilege under s. 125.07 (4) (bs) or (c) or 938.344 (2), (2b) or (2d), the suspension or revocation imposed shall be one of the following:

AB221-engrossed,9,14 1. For a first violation, suspension for 30 to 90 days not more than one year.

AB221-engrossed,9,16 2. For a violation committed within 12 months of a previous violation, suspension for not more less than one year nor more than 18 months.

AB221-engrossed,9,18 3. For a violation committed within 12 months of 2 or more previous violations, revocation suspension for not more less than 2 years nor more than 5 years.

AB221-engrossed, s. 22 Section 22. 343.305 (10m) of the statutes is renumbered 343.305 (10m) (b).

AB221-engrossed, s. 23 Section 23. 343.305 (10m) (a) of the statutes is created to read:

AB221-engrossed,9,23 343.305 (10m) (a) If the person's operating privilege is revoked under sub. (10), the procedure under s. 346.65 (6) shall be followed regarding the equipping of a motor vehicle owned by the person with an ignition interlock device.

AB221-engrossed, s. 24 Section 24. 346.65 (2) (b) of the statutes is amended to read:

AB221-engrossed,10,6 346.65 (2) (b) Except as provided in par. pars. (f) and (g), 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 suspensions, revocations and convictions counted under s. 343.307 (1) equals 2 within a 10-year period. Suspensions, revocations or convictions arising out of the same incident or occurrence shall be counted as one.

AB221-engrossed, s. 25 Section 25. 346.65 (2) (c) of the statutes is amended to read:

AB221-engrossed,10,13 346.65 (2) (c) Except as provided in par. pars. (f) and (g), 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 suspensions, revocations and 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.

AB221-engrossed, s. 26 Section 26. 346.65 (2) (d) of the statutes is amended to read:

AB221-engrossed,10,20 346.65 (2) (d) Except as provided in par. pars. (f) and (g), 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 suspensions, revocations and 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.

AB221-engrossed, s. 27 Section 27. 346.65 (2) (e) of the statutes is amended to read:

AB221-engrossed,11,2 346.65 (2) (e) Except as provided in par. pars. (f) and (g), 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 suspensions, revocations and 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.

AB221-engrossed, s. 28 Section 28. 346.65 (2) (g) of the statutes is created to read:

AB221-engrossed,11,5 346.65 (2) (g) 1. If a person convicted had an alcohol concentration of 0.15 to 0.199, the applicable minimum and maximum fines under pars. (b) to (e) are doubled.

AB221-engrossed,11,7 2. If a person convicted had an alcohol concentration of 0.20 to 0.249, the applicable minimum and maximum fines under pars. (b) to (e) are tripled.

AB221-engrossed,11,9 3. If a person convicted had an alcohol concentration of 0.25 or above, the applicable minimum and maximum fines under pars. (b) to (e) are quadrupled.

AB221-engrossed, s. 29 Section 29. 346.65 (2e) of the statutes is amended to read:

AB221-engrossed,11,17 346.65 (2e) If the court determines that a person does not have the ability to pay the costs and fine or forfeiture imposed under sub. (2) (a), (b), (c), (d), (e) or, (f) or (g), the court may reduce the costs, fine and forfeiture imposed and order the person to pay, toward the cost of the assessment and driver safety plan imposed under s. 343.30 (1q) (c), the difference between the amount of the reduced costs and fine or forfeiture and the amount of costs and fine or forfeiture imposed under sub. (2) (a), (b), (c), (d), (e) or, (f) or (g).

AB221-engrossed, s. 30 Section 30. 346.65 (2g) (a) of the statutes is amended to read:

AB221-engrossed,12,2 346.65 (2g) (a) In addition to the authority of the court under s. 973.05 (3) (a) to provide that a defendant perform community service work for a public agency or a nonprofit charitable organization in lieu of part or all of a fine imposed under sub. (2) (b) to (f) (g) and except as provided in par. (ag), the court may provide that a defendant perform community service work for a public agency or a nonprofit charitable organization in lieu of part or all of a forfeiture under sub. (2) (a) or may require a person who is subject to sub. (2) to perform community service work for a public agency or a nonprofit charitable organization in addition to the penalties specified under sub. (2).

AB221-engrossed,12,12 (am) Notwithstanding s. 973.05 (3) (b), an order under par. (a) or (ag) may only apply if agreed to by the organization or agency. The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored. Any organization or agency acting in good faith to which a defendant is assigned pursuant to an order under this subsection has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the defendant. The issuance or possibility of the issuance of a community service order under this subsection does not entitle an indigent defendant who is subject to sub. (2) (a) to representation by counsel under ch. 977.

AB221-engrossed, s. 31 Section 31. 346.65 (2g) (ag) of the statutes is created to read:

AB221-engrossed,12,21 346.65 (2g) (ag) If the court determines that a person does not have the ability to pay a fine imposed under sub. (2) (b) to (g), the court shall require the defendant to perform community service work for a public agency or a nonprofit charitable organization in lieu of paying the fine imposed or, if the amount of the fine was reduced under sub. (2e), in lieu of paying the remaining amount of the fine. Each hour of community service performed in compliance with an order under this paragraph shall reduce the amount of the fine owed by an amount determined by the court.

AB221-engrossed, s. 32 Section 32. 346.65 (2g) (b) of the statutes is amended to read:

AB221-engrossed,13,12 346.65 (2g) (b) The court may require a person ordered to perform community service work under par. (a) or (ag), or under s. 973.05 (3) (a) if that person's fine resulted from violating s. 346.63 (2), 940.09 (1) or 940.25, to participate in community service work that demonstrates the adverse effects of substance abuse or of operating a vehicle while under the influence of an intoxicant or other drug, including working at an alcoholism treatment facility approved under s. 51.45, an emergency room of a general hospital or a driver awareness program under s. 346.637. The court may order the person to pay a reasonable fee, based on the person's ability to pay, to offset the cost of establishing, maintaining and monitoring the community service work ordered under this paragraph. If the opportunities available to perform community service work are fewer in number than the number of defendants eligible under this subsection, the court shall, when making an order under this paragraph, give preference to defendants who were under 21 years of age at the time of the offense. All provisions of par. (a) (am) apply to any community service work ordered under this paragraph.

AB221-engrossed, s. 33 Section 33. 346.65 (2g) (c) of the statutes is amended to read:

AB221-engrossed,13,24 346.65 (2g) (c) If there was a minor passenger under 16 years of age in the motor vehicle or commercial motor vehicle at the time of the violation that gave rise to the conviction, the court may require a person ordered to perform community service work under par. (a) or (ag), or under s. 973.05 (3) (a) if that person's fine resulted from violating s. 346.63 (2), (5) (a) or (6) (a), 940.09 (1) or 940.25, to participate in community service work that benefits children or that demonstrates the adverse effects on children of substance abuse or of operating a vehicle while under the influence of an intoxicant or other drug. The court may order the person to pay a reasonable fee, based on the person's ability to pay, to offset the cost of establishing, maintaining and monitoring the community service work ordered under this paragraph.

AB221-engrossed, s. 34 Section 34. 346.65 (6) (a) 1. of the statutes is renumbered 346.65 (6) (a) 1g. and amended to read:

AB221-engrossed,14,14 346.65 (6) (a) 1g. 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 or more prior suspensions, revocations or convictions that would be 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.

AB221-engrossed, s. 35 Section 35. 346.65 (6) (a) 1d. of the statutes is created to read:

AB221-engrossed,14,22 346.65 (6) (a) 1d. Except as provided in this subdivision, the court may order a law enforcement officer to equip with an ignition interlock device a 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) 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). The court shall not order a motor vehicle equipped with an ignition interlock device if that would result in undue hardship or extreme inconvenience or would endanger the health or safety of a person.

AB221-engrossed, s. 36 Section 36. 346.65 (6) (a) 2. of the statutes is repealed.

AB221-engrossed, s. 37 Section 37. 346.65 (6) (a) 2m. of the statutes is amended to read:

AB221-engrossed,15,19 346.65 (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 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.

AB221-engrossed, s. 38 Section 38. 346.65 (6) (c) of the statutes is amended to read:

AB221-engrossed,16,7 346.65 (6) (c) The district attorney of the county where the motor vehicle was seized, or of the county where the owner's operating privilege was ordered revoked under s. 343.305 (10) or where the owner committed the violation under 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), shall commence an action to forfeit the motor vehicle within 30 days after the motor vehicle is seized. The action shall name the owner of the motor vehicle and all lienholders of record as parties. The forfeiture action shall be commenced by filing a summons, complaint and affidavit of the law enforcement agency with the clerk of circuit court. Upon service of an answer, the action shall be set for hearing within 60 days after the service of the answer. If no answer is served or no issue of law or fact joined and the time for that service or joining of issues has expired, the court may render a default judgment as provided in s. 806.02.

AB221-engrossed, s. 39 Section 39. 346.65 (6) (d) of the statutes is amended to read:

AB221-engrossed,16,19 346.65 (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 whose operating privilege was ordered revoked under s. 343.305 (10) or 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 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1) or, if the seizure is under par. (a) 2., 3 or more prior convictions, suspensions or revocations, as 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.

AB221-engrossed, s. 40 Section 40. 346.655 (1) of the statutes is amended to read:

AB221-engrossed,17,2 346.655 (1) On or after July 1, 1988, if If a court imposes a fine or a forfeiture for a violation of s. 346.63 (1) or (5), or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, it shall impose a driver improvement surcharge in an amount of $340 $345 in addition to the fine or forfeiture, penalty assessment, jail assessment and crime laboratories and drug law enforcement assessment.

AB221-engrossed, s. 41 Section 41. 346.655 (2) (a) of the statutes is amended to read:

AB221-engrossed,17,7 346.655 (2) (a) Except as provided in par. (b), the clerk of court shall collect and transmit the amount under sub. (1) to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment of 37.6% 38.5% of the amount to the state treasurer as provided in s. 59.25 (3) (f) 2.

AB221-engrossed, s. 42 Section 42. 346.655 (2) (b) of the statutes is amended to read:

AB221-engrossed,17,13 346.655 (2) (b) If the forfeiture is imposed by a municipal court, the court shall transmit the amount to the treasurer of the county, city, town or village, and that treasurer shall make payment of 37.6% 38.5% of the amount to the state treasurer as provided in s. 66.12 (1) (b). The treasurer of the city, town or village shall transmit the remaining 62.4% 61.5% of the amount to the treasurer of the county.

AB221-engrossed, s. 42m Section 42m. 346.93 (2f) of the statutes is created to read:

AB221-engrossed,17,16 346.93 (2f) Except as provided in sub. (2g), any person violating this section may have his or her operating privilege suspended under s. 343.30 (6) (b) 1.

AB221-engrossed, s. 43 Section 43. 346.93 (2g) of the statutes is created to read:

AB221-engrossed,17,19 346.93 (2g) Any person violating this section may be required to forfeit not less than $20 nor more than $400 and shall have his or her operating privilege:

AB221-engrossed,17,21 (b) For a violation committed within 12 months of a previous violation, suspended under s. 343.30 (6) (b) 2.

AB221-engrossed,17,23 (c) For a violation committed within 12 months of 2 or more previous violations, suspended under s. 343.30 (6) (b) 3.

AB221-engrossed, s. 44 Section 44. 346.95 (2) of the statutes is amended to read:

AB221-engrossed,18,2 346.95 (2) Any person violating s. 346.89 (1), 346.93 or 346.94 (2), (4) or (7) may be required to forfeit not less than $20 nor more than $400.

AB221-engrossed, s. 45 Section 45. 800.03 (4) of the statutes is repealed.

AB221-engrossed, s. 46 Section 46. 938.344 (2) (intro.) of the statutes is amended to read:

AB221-engrossed,18,8 938.344 (2) (intro.) If a court finds a juvenile committed a violation under s. 125.07 (4) (b) or 125.09 (2), or a local ordinance that strictly conforms to one of those statutes that statute, the court shall order one or any combination of the following penalties:

AB221-engrossed, s. 47 Section 47. 938.344 (2) (c) of the statutes is amended to read:

AB221-engrossed,18,14 938.344 (2) (c) For a violation committed within 12 months of 2 or more previous violations, a forfeiture of not more than $500, revocation suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 3. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g).

AB221-engrossed, s. 48m Section 48m. 938.344 (2b) (intro.), (b) and (c) of the statutes are amended to read:

AB221-engrossed,18,19 938.344 (2b) (intro.) If a court finds a juvenile committed a violation under s. 125.07 (4) (a) or (b), or a local ordinance which strictly conforms to s. 125.07 (4) (a) or (b), the court shall order one or any combination of the following penalties:

AB221-engrossed,18,25 (b) For a violation committed within 12 months of a previous violation, a forfeiture of not less than $300 nor more than $500, suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 2. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g). In addition to any penalty imposed under this paragraph, the court shall suspend the juvenile's operating privilege as provided in s. 343.30 (6) (b) 2.

AB221-engrossed,19,6 (c) For a violation committed within 12 months of 2 or more previous violations, a forfeiture of $500, revocation of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 3. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g). In addition to any penalty imposed under this paragraph, the court shall suspend the juvenile's operating privilege as provided in s. 343.30 (6) (b) 3.

AB221-engrossed, s. 49 Section 49. 938.344 (2d) (c) of the statutes is amended to read:

AB221-engrossed,19,12 938.344 (2d) (c) For a violation committed within 12 months of 2 or more previous violations, a forfeiture of $500, revocation suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 3. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g).

AB221-engrossed, s. 50 Section 50. 940.09 (1d) of the statutes is renumbered 940.09 (1d) (b).

AB221-engrossed, s. 51 Section 51. 940.09 (1d) (a) of the statutes is created to read:

AB221-engrossed,19,17 940.09 (1d) (a) If a person commits an offense under sub. (1) (a), (b), (c) or (d), the procedure under s. 346.65 (6) may be followed regarding the equipping of a motor vehicle owned by the person with an ignition interlock device.

AB221-engrossed, s. 52 Section 52. 940.25 (1c) of the statutes is created to read:

AB221-engrossed,20,5 940.25 (1c) If the person convicted under sub. (1) (a), (b), (c) or (d) had any previous suspensions, revocations or convictions that would be counted under s. 343.307 (1) and had an alcohol concentration of 0.15 to 0.199, the applicable maximum fine for the conviction under sub. (1) (a), (b), (c) or (d) is doubled. If the person convicted under sub. (1) (a), (b), (c) or (d) had any previous suspensions, revocations or convictions that would be counted under s. 343.307 (1) and had an alcohol concentration of 0.20 to 0.249, the applicable maximum fine for the conviction under sub. (1) (a), (b), (c) or (d) is tripled. If the person convicted under sub. (1) (a), (b), (c) or (d) had any previous suspensions, revocations or convictions that would be counted under s. 343.307 (1) and had an alcohol concentration of 0.25 or above, the applicable maximum fine for the conviction under sub. (1) (a), (b), (c) or (d) is quadrupled.

AB221-engrossed, s. 53 Section 53. 940.25 (1d) of the statutes is renumbered 940.25 (1d) (b).

AB221-engrossed, s. 54 Section 54. 940.25 (1d) (a) of the statutes is created to read:

AB221-engrossed,20,10 940.25 (1d) (a) If a person commits an offense under sub. (1) (a), (b), (c) or (d), the procedure under s. 346.65 may be followed regarding the equipping of a motor vehicle owned by the person with an ignition interlock device.

AB221-engrossed, s. 55 Section 55. 1997 Wisconsin Act 84, section 2 is repealed.

AB221-engrossed, s. 56 Section 56. 1997 Wisconsin Act 84, section 3 is repealed.

AB221-engrossed, s. 57 Section 57. 1997 Wisconsin Act 84, section 4 is repealed.

AB221-engrossed, s. 58 Section 58. 1997 Wisconsin Act 84, section 5 is repealed.

AB221-engrossed, s. 59 Section 59. 1997 Wisconsin Act 84, section 30 is repealed.

AB221-engrossed, s. 60 Section 60. 1997 Wisconsin Act 84, section 31 is repealed.

AB221-engrossed, s. 61 Section 61. 1997 Wisconsin Act 84, section 160 is repealed.

AB221-engrossed, s. 62 Section 62. 1997 Wisconsin Act 84, section 161 is repealed.

AB221-engrossed, s. 63 Section 63. 1997 Wisconsin Act 84, section 162 is repealed.

AB221-engrossed, s. 64 Section 64. Nonstatutory provisions.

AB221-engrossed,21,6 (1) The departments of corrections and transportation shall jointly study and evaluate the desirability of using treatment programs and other alternatives to incarceration as a way to reduce the length of incarceration or the need for incarceration of persons convicted of a 2nd or subsequent violation of operating a motor vehicle while under the influence on an intoxicant, controlled substance or other drug. The departments shall consult with the counties regarding this study and evaluation. No later than the first day of the 9th month beginning after the effective date of this subsection, the departments shall jointly submit a report to the legislature in the manner provided under section 13.172 (2) of the statutes that contains the conclusions of the departments' study and evaluation and any recommendations concerning implementation of the conclusions.

AB221-engrossed, s. 65 Section 65. Initial applicability.

AB221-engrossed,21,13 (1) Mandatory operating privilege suspensions. The treatment of sections 125.07 (4) (bs), (c) and (e) 2. (intro.), 343.30 (6) (b), 346.93 (2g), 346.95 (2) and 938.344 (2) (intro.) and (c), (2b) and (2d) (c) of the statutes first applies to violations committed on the effective date of this subsection, but does not preclude the counting of other violations as prior violations for sentencing a person or for suspending or revoking a person's operating privilege.

AB221-engrossed,21,23 (2) Intoxicated driver programs. The treatment of sections 85.55, 340.01 (46m) (b) and (c), 342.12 (4) (a) and (c) 1. (intro.), 343.10 (5) (a) 3., 343.305 (10m) (a), 346.65 (6) (a) 1., 1d., 2. and 2m., (c) and (d), 940.09 (1d) (a) and 940.25 (1d) (a) of the statutes and the renumbering of sections 343.305 (10m), 940.09 (1d) and 940.25 (1d) of the statutes first apply to violations committed or refusals occurring 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, sentencing by a court, revocation or suspension of operating privileges or determining the prohibited alcohol concentration.