AB335: Bill Text

LRB-2460/1

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1999 - 2000 LEGISLATURE

1999 Assembly BILL 335

May 11, 1999 - Introduced by Representatives Vrakas, Montgomery, Petrowski, Staskunas, Olsen, Huber, Spillner, La Fave, Stone, Ryba, Cullen, Musser, Rhoades, Brandemuehl, Powers, Goetsch, Grothman, Sykora, Gunderson and Albers, cosponsored by Senators Huelsman, Darling, Roessler, Drzewiecki and Grobschmidt. Referred to Committee on Highway Safety.

AB335,1,3 An Act to amend 343.305 (9) (a) (intro.), 343.305 (9) (am) (intro.), 343.305 (9) (c) and 343.305 (11) of the statutes; relating to: allowing municipal courts to hold refusal hearings.

Analysis by the Legislative Reference Bureau

Under current law, if an operator of a motor vehicle refuses to submit to a test to determine the presence of an intoxicant in the person's breath, blood or urine, the law enforcement officer that requested the test takes possession of the person's driver's license and gives the person a notice that the person's operating privilege will be revoked if the refusal was improper. The notice also informs the person that he or she may request a hearing before a circuit court to determine if the refusal was proper. If the person requests a hearing within ten days after receipt of the notice, current law requires the circuit court to hold a hearing to determine if the refusal was proper. Currently, if the person does not request a hearing or if the circuit court determines that the refusal was not proper, the court revokes the person's operating privilege. This bill allows municipal courts to hold refusal hearings and issue revocation orders based on the results of those hearings.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

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

AB335, s. 1 Section 1. 343.305 (9) (a) (intro.) of the statutes is amended to read:

AB335,2,16 343.305 (9) (a) (intro.) If a person refuses to take a test under sub. (3) (a), the law enforcement officer shall immediately take possession of the person's license and prepare a notice of intent to revoke, by court order under sub. (10), the person's operating privilege. If the person was driving or operating a commercial motor vehicle, the officer shall issue an out-of-service order to the person for the 24 hours after the refusal and notify the department in the manner prescribed by the department. The officer shall issue a copy of the notice of intent to revoke the privilege to the person and submit or mail a copy with the person's license to the circuit court for the county in which the arrest under sub. (3) (a) was made or to the municipal court in the municipality in which the arrest was made if the arrest was for a violation of a municipal ordinance under sub. (3) (a) and the municipality has a municipal court. The officer shall also mail a copy of the notice of intent to revoke to the attorney for that municipality or to the district attorney for that county, as appropriate, and to the department. The notice of intent to revoke the person's operating privilege shall contain substantially all of the following information:

AB335, s. 2 Section 2. 343.305 (9) (am) (intro.) of the statutes is amended to read:

AB335,3,7 343.305 (9) (am) (intro.) If a person driving or operating or on duty time with respect to a commercial motor vehicle refuses a test under sub. (3) (am), the law enforcement officer shall immediately take possession of the person's license, issue an out-of-service order to the person for the 24 hours after the refusal and notify the department in the manner prescribed by the department, and prepare a notice of intent to revoke, by court order under sub. (10), the person's operating privilege. The officer shall issue a copy of the notice of intent to revoke the privilege to the person and submit or mail a copy with the person's license to the circuit court for the county in which the refusal is made or to the municipal court in the municipality in which the refusal is made if the person's refusal was in violation of a municipal ordinance and the municipality has a municipal court. The officer shall also mail a copy of the notice of intent to revoke to the attorney for that municipality or to the district attorney for that county, as appropriate, and to the department. The notice of intent to revoke the person's operating privilege shall contain substantially all of the following information:

AB335, s. 3 Section 3. 343.305 (9) (c) of the statutes is amended to read:

AB335,3,13 343.305 (9) (c) If a law enforcement officer informs the circuit or municipal court that a person has refused to submit to a test under sub. (3) (a) or (am), the court shall be prepared to hold any requested hearing to determine if the refusal was proper. The scope of the hearing shall be limited to the issues outlined in par. (a) 5. or (am) 5. Section 967.055 applies to any hearing under this subsection.

AB335, s. 4 Section 4. 343.305 (11) of the statutes is amended to read:

AB335,3,19 343.305 (11) Rules. The department shall promulgate rules under ch. 227 necessary to administer this section. The rules shall include provisions relating to the expeditious exchange of information under this section between the department and law enforcement agencies, circuit courts, municipal courts and district attorneys. The rules may not affect any provisions relating to court procedure.

AB335, s. 5 Section 5. Initial applicability.

AB335,3,25 (1) The treatment of section 343.305 (9) (a) (intro.), (am) (intro.) and (c) of the statutes first applies to refusals committed on the effective date of this subsection, but does not preclude the counting of previous suspensions, revocations or convictions for purposes of determining the period that a person's operating privilege is revoked.

AB335, s. 6 Section 6. Effective date.

AB335,4,3 (1) This act takes effect on the first day of the 4th month beginning after publication.

AB335,4,4 (End)