AB221-engrossed,15,19
1346.65
(6) (a) 2m. A person who owns a motor vehicle subject to seizure,
2equipping with an ignition interlock device or immobilization under this paragraph
3shall surrender to the clerk of circuit court the certificate of title issued under ch. 342
4for every motor vehicle owned by the person. The person shall comply with this
5subdivision within 5 working days after receiving notification of this requirement
6from the district attorney. When a district attorney receives a copy of a notice of
7intent to revoke the operating privilege under s. 343.305 (9) (a)
of a person who has
82 or more convictions, suspensions or revocations, as counted under s. 343.307 (1),
9or when a district attorney notifies the department of the filing of a criminal
10complaint against a person under s. 342.12 (4) (a), the district attorney shall notify
11the person of the requirement to surrender all certificates of title to the clerk of circuit
12court. The notification shall include the time limits for that surrender, the penalty
13for failure to comply with the requirement and the address of the clerk of circuit
14court. The clerk of circuit court shall promptly return each certificate of title
15surrendered to the clerk of circuit court under this subdivision after stamping the
16certificate of title with the notation "Per section 346.65 (6) of the Wisconsin statutes,
17ownership of this motor vehicle may not be transferred without prior court approval".
18Any person failing to surrender a certificate of title as required under this
19subdivision shall forfeit not more than $500.
AB221-engrossed,16,721
346.65
(6) (c) The district attorney of the county where the motor vehicle was
22seized
, or of the county where the owner's operating privilege was ordered revoked
23under s. 343.305 (10) or where the owner committed the violation under s. 346.63 (1)
24(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), 25shall commence an action to forfeit the motor vehicle within 30 days after the motor
1vehicle is seized. The action shall name the owner of the motor vehicle and all
2lienholders of record as parties. The forfeiture action shall be commenced by filing
3a summons, complaint and affidavit of the law enforcement agency with the clerk of
4circuit court. Upon service of an answer, the action shall be set for hearing within
560 days after the service of the answer. If no answer is served or no issue of law or
6fact joined and the time for that service or joining of issues has expired, the court may
7render a default judgment as provided in s. 806.02.
AB221-engrossed,16,199
346.65
(6) (d) At the hearing set under par. (c), the state has the burden of
10proving to a reasonable certainty by the greater weight of the credible evidence that
11the motor vehicle is a motor vehicle owned by a person
whose operating privilege was
12ordered revoked under s. 343.305 (10) or who committed a violation of s. 346.63 (1)
13(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)
14and
, if the seizure is under par. (a) 1., that the person had 2
or more prior convictions,
15suspensions or revocations, as counted under s. 343.307 (1)
or, if the seizure is under
16par. (a) 2., 3 or more prior convictions, suspensions or revocations, as counted under
17s. 343.307 (1). If the
,, (c) or (d),, (c) or (d) state fails to meet the burden of proof
18required under this paragraph, the motor vehicle shall be returned to the owner upon
19the payment of storage costs.
AB221-engrossed,17,221
346.655
(1) On or after July 1, 1988, if If a court imposes a fine or a forfeiture
22for a violation of s. 346.63 (1) or (5), or a local ordinance in conformity therewith, or
23s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a
24vehicle, it shall impose a driver improvement surcharge in an amount of
$340 $345
1in addition to the fine or forfeiture, penalty assessment, jail assessment and crime
2laboratories and drug law enforcement assessment.
AB221-engrossed,17,74
346.655
(2) (a) Except as provided in par. (b), the clerk of court shall collect and
5transmit the amount under sub. (1) to the county treasurer as provided in s. 59.40
6(2) (m). The county treasurer shall then make payment of
37.6% 38.5% of the amount
7to the state treasurer as provided in s. 59.25 (3) (f) 2.
AB221-engrossed,17,139
346.655
(2) (b) If the forfeiture is imposed by a municipal court, the court shall
10transmit the amount to the treasurer of the county, city, town or village, and that
11treasurer shall make payment of
37.6% 38.5% of the amount to the state treasurer
12as provided in s. 66.12 (1) (b). The treasurer of the city, town or village shall transmit
13the remaining
62.4% 61.5% of the amount to the treasurer of the county.
AB221-engrossed,17,1615
346.93
(2f) Except as provided in sub. (2g), any person violating this section
16may have his or her operating privilege suspended under s. 343.30 (6) (b) 1.
AB221-engrossed,17,1918
346.93
(2g) Any person violating this section may be required to forfeit not less
19than $20 nor more than $400 and shall have his or her operating privilege:
AB221-engrossed,17,2120
(b) For a violation committed within 12 months of a previous violation,
21suspended under s. 343.30 (6) (b) 2.
AB221-engrossed,17,2322
(c) For a violation committed within 12 months of 2 or more previous violations,
23suspended under s. 343.30 (6) (b) 3.
AB221-engrossed,18,2
1346.95
(2) Any person violating s. 346.89 (1)
, 346.93 or 346.94 (2), (4) or (7) may
2be required to forfeit not less than $20 nor more than $400.
AB221-engrossed,18,85
938.344
(2) (intro.) If a court finds a juvenile committed a violation under s.
6125.07 (4) (b) or 125.09 (2), or a local ordinance that strictly conforms to
one of those
7statutes that statute, the court shall order one or any combination of the following
8penalties:
AB221-engrossed,18,1410
938.344
(2) (c) For a violation committed within 12 months of 2 or more
11previous violations, a forfeiture of not more than $500,
revocation suspension of the
12juvenile's operating privilege as provided under s. 343.30 (6) (b) 3. or the juvenile's
13participation in a supervised work program or other community service work under
14s. 938.34 (5g).
AB221-engrossed,18,1917
938.344
(2b) (intro.) If a court finds a juvenile committed a violation under s.
18125.07 (4) (a)
or (b), or a local ordinance which strictly conforms to s. 125.07 (4) (a)
19or (b), the court shall order one or any combination of the following penalties:
AB221-engrossed,18,2520
(b) For a violation committed within 12 months of a previous violation, a
21forfeiture of not less than $300 nor more than $500
, suspension of the juvenile's
22operating privilege as provided under s. 343.30 (6) (b) 2. or the juvenile's
23participation in a supervised work program or other community service work under
24s. 938.34 (5g).
In addition to any penalty imposed under this paragraph, the court
25shall suspend the juvenile's operating privilege as provided in s. 343.30 (6) (b) 2.
AB221-engrossed,19,6
1(c) For a violation committed within 12 months of 2 or more previous violations,
2a forfeiture of $500
, revocation of the juvenile's operating privilege as provided under
3s. 343.30 (6) (b) 3. or the juvenile's participation in a supervised work program or
4other community service work under s. 938.34 (5g).
In addition to any penalty
5imposed under this paragraph, the court shall suspend the juvenile's operating
6privilege as provided in s. 343.30 (6) (b) 3.
AB221-engrossed,19,128
938.344
(2d) (c) For a violation committed within 12 months of 2 or more
9previous violations, a forfeiture of $500,
revocation
suspension of the juvenile's
10operating privilege as provided under s. 343.30 (6) (b) 3. or the juvenile's
11participation in a supervised work program or other community service work under
12s. 938.34 (5g).
AB221-engrossed,19,1715
940.09
(1d) (a) If a person commits an offense under sub. (1) (a), (b), (c) or (d),
16the procedure under s. 346.65 (6) may be followed regarding the equipping of a motor
17vehicle owned by the person with an ignition interlock device.
AB221-engrossed,20,519
940.25
(1c) If the person convicted under sub. (1) (a), (b), (c) or (d) had any
20previous suspensions, revocations or convictions that would be counted under s.
21343.307 (1) and had an alcohol concentration of 0.15 to 0.199, the applicable
22maximum fine for the conviction under sub. (1) (a), (b), (c) or (d) is doubled. If the
23person convicted under sub. (1) (a), (b), (c) or (d) had any previous suspensions,
24revocations or convictions that would be counted under s. 343.307 (1) and had an
25alcohol concentration of 0.20 to 0.249, the applicable maximum fine for the conviction
1under sub. (1) (a), (b), (c) or (d) is tripled. If the person convicted under sub. (1) (a),
2(b), (c) or (d) had any previous suspensions, revocations or convictions that would be
3counted under s. 343.307 (1) and had an alcohol concentration of 0.25 or above, the
4applicable maximum fine for the conviction under sub. (1) (a), (b), (c) or (d) is
5quadrupled.
AB221-engrossed,20,108
940.25
(1d) (a) If a person commits an offense under sub. (1) (a), (b), (c) or (d),
9the procedure under s. 346.65 may be followed regarding the equipping of a motor
10vehicle owned by the person with an ignition interlock device.
AB221-engrossed,21,621
(1)
The departments of corrections and transportation shall jointly study and
22evaluate the desirability of using treatment programs and other alternatives to
23incarceration as a way to reduce the length of incarceration or the need for
24incarceration of persons convicted of a 2nd or subsequent violation of operating a
25motor vehicle while under the influence on an intoxicant, controlled substance or
1other drug. The departments shall consult with the counties regarding this study
2and evaluation. No later than the first day of the 9th month beginning after the
3effective date of this subsection, the departments shall jointly submit a report to the
4legislature in the manner provided under section 13.172 (2) of the statutes that
5contains the conclusions of the departments' study and evaluation and any
6recommendations concerning implementation of the conclusions.
AB221-engrossed,21,138
(1)
Mandatory operating privilege suspensions. The treatment of sections
9125.07 (4) (bs), (c) and (e) 2. (intro.), 343.30 (6) (b), 346.93 (2g), 346.95 (2) and 938.344
10(2) (intro.) and (c), (2b) and (2d) (c) of the statutes first applies to violations committed
11on the effective date of this subsection, but does not preclude the counting of other
12violations as prior violations for sentencing a person or for suspending or revoking
13a person's operating privilege.
AB221-engrossed,21,2314
(2)
Intoxicated driver programs. The treatment of sections 85.55, 340.01
15(46m) (b) and (c), 342.12 (4) (a) and (c) 1. (intro.), 343.10 (5) (a) 3., 343.305 (10m) (a),
16346.65 (6) (a) 1., 1d., 2. and 2m., (c) and (d), 940.09 (1d) (a) and 940.25 (1d) (a) of the
17statutes and the renumbering of sections 343.305 (10m), 940.09 (1d) and 940.25 (1d)
18of the statutes first apply to violations committed or refusals occurring on the
19effective date of this subsection, but does not preclude the counting of other
20convictions, suspensions or revocations as prior convictions, suspensions or
21revocations for purposes of administrative action by the department of
22transportation, sentencing by a court, revocation or suspension of operating
23privileges or determining the prohibited alcohol concentration.
AB221-engrossed,22,224
(3)
Intoxicated driver improvement surcharge. The treatment of sections
2520.395 (5) (ek), 20.435 (6) (hx) and 346.655 (1) and (2) (a) and (b) of the statutes first
1applies to intoxicated driver improvement surcharges imposed for violations
2committed on the effective date of this subsection.
AB221-engrossed,22,94
(1)
Pretrial intoxicated driver intervention grants. In the schedule under
5section 20.005 (3) of the statutes for the appropriation to the department of
6transportation under section 20.395 (5) (jr) of the statutes, as affected by the acts of
71999, the dollar amount is increased by $115,000 for fiscal year 1999-00 and the
8dollar amount is increased by $314,700 for fiscal year 2000-01 to provide additional
9funding for grants under the pretrial intoxicated driver intervention grant program.
AB221-engrossed,22,1211
(1)
This act takes effect on the first day of the 4th month beginning after
12publication.
