AB221: Bill Text Engrossed

AB221-engrossed, s. 6 Section 6. 85.55 of the statutes is created to read:

AB221-engrossed,4,9 85.55 Safe-ride grant program. The department may award grants to any county or municipality to cover the costs of transporting persons suspected of having a prohibited alcohol concentration, as defined in s. 340.01 (46m), from any premises licensed under ch. 125 to sell alcohol beverages to their places of residence. The amount of a grant under this section may not exceed 50% of the costs necessary to provide the service. The liability of a provider of a safe-ride program to persons transported under the program is limited to the amounts required for an automobile liability policy under s. 344.15 (1). Grants awarded under this section shall be paid from the appropriation under s. 20.395 (5) (ek).

AB221-engrossed, s. 7 Section 7. 110.10 of the statutes is created to read:

AB221-engrossed,4,13 110.10 Ignition interlock device program. The department shall promulgate rules providing for the implementation of a statewide ignition interlock device program. The rules shall include provisions regarding all of following:

AB221-engrossed,4,15 (1) The selection of persons to install, service and remove ignition interlock devices from motor vehicles.

AB221-engrossed,4,17 (2) The periodic review of the fees charged to the owner of a vehicle for the installation, service and removal of an ignition interlock device.

AB221-engrossed,4,19 (3) Requiring ignition interlock device providers operating in this state to establish pilot programs involving the voluntary use of ignition interlock devices.

AB221-engrossed,4,22 (4) Requiring ignition interlock device providers operating in this state to provide the department and law enforcement agencies designated by the department with installation, service, tampering and failure reports in a timely manner.

AB221-engrossed, s. 8m Section 8m. 125.07 (4) (bs) (intro.), 2., 3. and 4. of the statutes are amended to read:

AB221-engrossed,5,2 125.07 (4) (bs) (intro.) Any person violating par. (a) is subject to the following penalties shall be penalized as follows:

AB221-engrossed,5,8 2. For a violation committed within 12 months of a previous violation, the person's operating privilege shall be suspended under s. 343.30 (6) (b) 2. In addition, the person is subject to either a forfeiture of not less than $300 nor more than $500, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 2., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB221-engrossed,5,14 3. For a violation committed within 12 months of 2 previous violations, the person's operating privilege shall be suspended under s. 343.30 (6) (b) 3. In addition, the person is subject to either a forfeiture of not less than $500 nor more than $750, revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB221-engrossed,5,20 4. For a violation committed within 12 months of 3 or more previous violations, the person's operating privilege shall be suspended under s. 343.30 (6) (b) 3. In addition, the person is subject to either a forfeiture of not less than $750 nor more than $1,000, revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB221-engrossed, s. 9m Section 9m. 125.07 (4) (c) (intro.), 2., 3. and 4. of the statutes are amended to read:

AB221-engrossed,5,24 125.07 (4) (c) (intro.) Any person violating par. (b) is subject to the following penalties shall be penalized as follows:

AB221-engrossed,6,6 2. For a violation committed within 12 months of a previous violation, the person's operating privilege shall be suspended under s. 343.30 (6) (b) 2. In addition, the person is subject to either a forfeiture of not less than $200 nor more than $300, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 2., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB221-engrossed,6,12 3. For a violation committed within 12 months of 2 previous violations, the person's operating privilege shall be suspended under s. 343.30 (6) (b) 3. In addition, the person is subject to either a forfeiture of not less than $300 nor more than $500, revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB221-engrossed,6,18 4. For a violation committed within 12 months of 3 or more previous violations, the person's operating privilege shall be suspended under s. 343.30 (6) (b) 3. In addition, the person is subject to either a forfeiture of not less than $500 nor more than $1,000, revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB221-engrossed, s. 10 Section 10. 125.07 (4) (e) 2. (intro.) of the statutes is amended to read:

AB221-engrossed,6,25 125.07 (4) (e) 2. (intro.) After ordering a penalty under par. (bs) or (c), the court, with the agreement of the defendant, may enter an additional order staying the execution of the penalty order and suspending or modifying the penalty imposed, except that the court may not stay, suspend or modify the suspension of a person's operating privilege required under par. (bs) or (c). The order under this subdivision shall require the defendant to do any of the following:

AB221-engrossed, s. 12 Section 12. 303.065 (2m) of the statutes is created to read:

AB221-engrossed,7,8 303.065 (2m) The department may not grant work release privileges to a prisoner who is imprisoned for a violation of s. 346.63 (1), (2), (5) or (6) and who fails to obtain the assessment or to comply with the driver safety plan ordered under s. 343.30 (1q) (c) related to the violation for which he or she was imprisoned. This subsection does not apply if the prisoner does not have sufficient funds to make any payments necessary to obtain the assessment or to comply with the driver safety plan.

AB221-engrossed, s. 13 Section 13. 303.08 (1) (cg) of the statutes is created to read:

AB221-engrossed,7,11 303.08 (1) (cg) Attendance at an assessment ordered by a court under s. 343.30 (1q) (c);

AB221-engrossed, s. 14 Section 14. 303.08 (1) (cm) of the statutes is created to read:

AB221-engrossed,7,14 303.08 (1) (cm) Attendance at a treatment program required by a driver safety plan under s. 343.30 (1q) (c);

AB221-engrossed, s. 15 Section 15. 303.08 (10m) of the statutes is created to read:

AB221-engrossed,7,21 303.08 (10m) The sheriff may not permit a prisoner who is imprisoned for a violation of s. 346.63 (1), (2), (5) or (6) to leave the jail under sub. (1) if the prisoner fails to obtain the assessment or to comply with the driver safety plan ordered under s. 343.30 (1q) (c). This subsection does not apply if the prisoner does not have sufficient funds to make any payments necessary to obtain the assessment or to comply with the driver safety plan.

AB221-engrossed, s. 16 Section 16. 340.01 (46m) (b) of the statutes is amended to read:

AB221-engrossed,7,24 340.01 (46m) (b) If the person has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), an alcohol concentration of 0.08 or more.

AB221-engrossed, s. 17 Section 17. 340.01 (46m) (c) of the statutes is created to read:

AB221-engrossed,8,3 340.01 (46m) (c) If the person has 3 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), an alcohol concentration of more than 0.02.

AB221-engrossed, s. 18 Section 18. 342.12 (4) (a) of the statutes is amended to read:

AB221-engrossed,8,12 342.12 (4) (a) The district attorney shall notify the department when he or she files a criminal complaint against a person who has been arrested for violating s. 346.63 (1) or (2), 940.09 (1) or 940.25 and who has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1). Except as provided under par. (c), the department may not issue a certificate of title transferring ownership of any motor vehicle owned by the person upon receipt of a notice under this subsection until the court assigned to hear the criminal complaint issues an order permitting the department to issue a certificate of title.

AB221-engrossed, s. 19 Section 19. 342.12 (4) (c) 1. (intro.) of the statutes is amended to read:

AB221-engrossed,8,19 342.12 (4) (c) 1. (intro.) The department shall issue a certificate of title transferring ownership of a motor vehicle that was owned by a person who has received a notice of intent to revoke the person's operating privilege under s. 343.305 (9) (a) or has been arrested for violating s. 346.63 (1) or (2), 940.09 (1) or 940.25 and who has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), if all of the following conditions are met:

AB221-engrossed, s. 20 Section 20. 343.10 (5) (a) 3. of the statutes is amended to read:

AB221-engrossed,9,9 343.10 (5) (a) 3. If the applicant has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), the The occupational license of the applicant shall restrict the applicant's operation under the occupational license to vehicles that are equipped with a functioning ignition interlock device if the court has ordered under s. 346.65 (6) (a) 1. 1d. or 1g. that a motor vehicle owned by the person be equipped with an ignition interlock device. A person to whom a restriction under this subdivision applies violates that restriction if he or she requests or permits another to blow into an ignition interlock device or to start a motor vehicle equipped with an ignition interlock device for the purpose of providing the person an operable motor vehicle without the necessity of first submitting a sample of his or her breath to analysis by the ignition interlock device. If the occupational license restricts the applicant's operation to a vehicle that is equipped with an ignition interlock device, the applicant shall be liable for the reasonable costs of equipping the vehicle with the ignition interlock device.

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: