SB125: Bill Text

Under current law, the penalties for an OWI offense increase based on the number of prior OWI offenses that the person has committed. This bill doubles whatever penalty a person who has a second or subsequent OWI offense is subject to for the current OWI offense if the person's blood alcohol concentration is from 0.15 to 0.199. The bill triples the appropriate penalty if the person's blood alcohol concentration is from 0.20 to 0.249 and quadruples the appropriate penalty if the person's blood alcohol concentration is 0.25 or above. These penalty increases do not apply to homicide by intoxicated use of a vehicle. The maximum penalty for that offense is currently 40 years imprisonment and will become 60 years imprisonment on December 31, 1999.

Mandatory operating privilege suspension

Current law prohibits any person under 21 years of age (underage person) from knowingly possessing or consuming alcohol beverages, from procuring or attempting to procure alcohol beverages, from entering or attempting to enter premises licensed to sell alcohol beverages and from falsely representing his or her age for the purpose of receiving alcohol beverages. An underage person who violates these prohibitions may have his or her operating privilege suspended, may be required to pay a forfeiture or may be required to participate in a supervised work program or other community service work, or any combination of these penalties. The underage person's operating privilege may be suspended for varying periods depending upon the number of prior alcohol beverage offenses he or she committed within the previous 12 months, as follows:

1. For a first violation, suspension for not less than 30 days nor more than 90 days.

2. For a second violation, suspension for not more than one year.

3. For a third or subsequent violation, suspension for not more than two years.

This bill increases the operating privilege penalties that apply to certain alcohol beverage violations committed by an underage person. The bill makes mandatory the suspension of an underage person's operating privilege for violating the prohibitions described above and increases the period of suspension as follows:

1. For a first violation, suspension for not less than six months nor more than one year.

2. For a second violation committed within one year, suspension for not less than one year nor more than 18 months.

3. For a third or subsequent violation committed within one year, suspension for not less than two years nor more than five years.

Also under current law, with exceptions, no underage person may knowingly possess, transport or control any alcohol beverages in a motor vehicle. An underage person who violates these prohibitions may be required to forfeit not less than $20 nor more than $400 but, except for violations involving a commercial motor vehicle, is not subject to any action against his or her operating privilege. This bill makes mandatory the suspension of the underage person's operating privilege for the same longer periods that apply to the underage alcohol beverage offenses described above.

Finally, the bill eliminates the current authority of a court to stay or modify an operating privilege suspension ordered for certain alcohol beverage violations committed by an underage person who is at least 17 years of age.

Other

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:

SB125, s. 1 Section 1. 20.395 (5) (er) of the statutes is created to read:

SB125,4,4 20.395 (5) (er) Safe-ride grant program, state funds. All moneys received under ss. 343.10 (6) (b) and 343.21 (1) (j) 2. that are credited to this appropriation, for grants under s. 85.55.

SB125, s. 2 Section 2. 85.55 of the statutes is created to read:

SB125,5,4 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. Grants awarded under this section shall be paid from the appropriation under s. 20.395 (5) (er).

SB125, s. 3 Section 3. 125.07 (4) (bs) of the statutes is amended to read:

SB125,5,7 125.07 (4) (bs) Any person violating par. (a) is subject to the following penalties shall be penalized as follows:

SB125,5,12 1. For a first violation, the person's operating privilege shall be suspended under s. 343.30 (6) (b) 1. In addition, the person is subject to a forfeiture of not less than $250 nor more than $500, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 1., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

SB125,5,18 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.

SB125,5,24 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.

SB125,6,6 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.

SB125, s. 4 Section 4. 125.07 (4) (c) of the statutes is amended to read:

SB125,6,9 125.07 (4) (c) Any person violating par. (b) is subject to the following penalties shall be penalized as follows:

SB125,6,14 1. For a first violation, the person's operating privilege shall be suspended under s. 343.30 (6) (b) 1. In addition, the person is subject to a forfeiture of not less than $100 nor more than $200, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 1., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

SB125,6,20 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.

SB125,7,2 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.

SB125,7,8 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.

SB125, s. 5 Section 5. 125.07 (4) (e) 2. (intro.) of the statutes is amended to read:

SB125,7,15 125.07 (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:

SB125, s. 6 Section 6. 340.01 (46m) (b) of the statutes is amended to read:

SB125,7,18 340.01 (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.

SB125, s. 7 Section 7. 340.01 (46m) (c) of the statutes is created to read:

SB125,7,22 340.01 (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.

SB125, s. 8 Section 8. 342.12 (4) (a) of the statutes is amended to read:

SB125,8,6 342.12 (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.

SB125, s. 9 Section 9. 342.12 (4) (c) 1. (intro.) of the statutes is amended to read:

SB125,8,13 342.12 (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:

SB125, s. 10 Section 10. 343.10 (5) (a) 3. of the statutes is amended to read:

SB125,9,3 343.10 (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.

SB125, s. 11 Section 11. 343.10 (6) of the statutes is renumbered 343.10 (6) (a) and amended to read:

SB125,9,8 343.10 (6) (a) No Except as provided in par. (b), no person may file an application for an occupational license under sub. (1) unless he or she first pays a fee of $40 to the department.

SB125, s. 12 Section 12. 343.10 (6) (b) of the statutes is created to read:

SB125,9,14 343.10 (6) (b) No person whose operating privilege is restricted to operating only vehicles equipped with an ignition interlock device may file an application for an occupational license under sub. (1) unless he or she first pays a fee of $70 to the department. Forty-three percent of the fees collected under this paragraph shall be credited to the appropriation account under s. 20.395 (5) (er).

SB125, s. 13 Section 13. 343.21 (1) (j) of the statutes is renumbered 343.21 (1) (j) 1. and amended to read:

SB125,9,18 343.21 (1) (j) 1. For Except as provided in subd. 2., for reinstatement of an operating privilege previously revoked or suspended, $50.

SB125, s. 14 Section 14. 343.21 (1) (j) 2. of the statutes is created to read:

SB125,9,25 343.21 (1) (j) 2. For reinstatement of an operating privilege previously revoked or suspended, $80 if the person's operating privilege is restricted under s. 343.38 (5) to operating vehicles equipped with an ignition interlock device and the person has not paid a fee under s. 343.10 (6) (b) within the past 2 years. Thirty-eight percent of the fees collected under this subdivision shall be credited to the appropriation under s. 20.395 (5) (er).

SB125, s. 15 Section 15. 343.30 (1q) (b) 3. of the statutes is amended to read:

SB125,10,7 343.30 (1q) (b) 3. Except as provided in subd. 4m. or 4p., if the number of convictions, suspensions and revocations 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).

SB125, s. 16 Section 16. 343.30 (1q) (b) 4. of the statutes is amended to read:

SB125,10,14 343.30 (1q) (b) 4. Except as provided in subd. 4m. or 4p., if the number of convictions, suspensions and revocations 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).

SB125, s. 17 Section 17. 343.30 (1q) (b) 4p. of the statutes is created to read:

SB125,10,24 343.30 (1q) (b) 4p. If he or she had an alcohol concentration of 0.15 to 0.199, the applicable minimum and maximum suspension or revocation periods under subd. 3. or 4. for the conviction are doubled. If the person convicted under s. 346.63 (1) or a local ordinance in conformity with s. 346.63 (1) had an alcohol concentration of 0.20 to 0.249, the applicable minimum and maximum suspension or revocation periods under subd. 3. or 4. for the conviction are tripled. If the person convicted under s. 346.63 (1) or a local ordinance in conformity with s. 346.63 (1) had an alcohol concentration of 0.25 or above, the applicable minimum and maximum suspension or revocation periods under subd. 3. or 4. for the conviction are quadrupled.

SB125, s. 18 Section 18. 343.30 (6) (b) of the statutes is amended to read:

SB125,11,3 343.30 (6) (b) If Whenever 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:

SB125,11,5 1. For a first violation, suspension for 30 to 90 days not less than 6 months nor more than one year.

SB125,11,7 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.

SB125,11,9 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.

SB125, s. 19 Section 19. 343.305 (10) (b) 3. of the statutes is amended to read:

SB125,11,16 343.305 (10) (b) 3. Except as provided in subd. 4m., if the number of convictions, suspensions and revocations within a 10-year period equals 2, the court shall revoke the person's operating privilege for not less than 2 years nor more than 6 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.

SB125, s. 20 Section 20. 343.305 (10) (b) 4. of the statutes is amended to read:

SB125,11,23 343.305 (10) (b) 4. Except as provided in subd. 4m., if the number of convictions, suspensions and revocations equals 3 or more, the court shall revoke the person's operating privilege for not less than 3 years nor more than 12 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.

SB125, s. 21 Section 21. 343.305 (10m) of the statutes is renumbered 343.305 (10m) (b).

SB125, s. 22 Section 22. 343.305 (10m) (a) of the statutes is created to read:

SB125,12,3 343.305 (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.

SB125, s. 23 Section 23. 343.31 (3) (bm) 3. of the statutes is amended to read:

SB125,12,12 343.31 (3) (bm) 3. Except as provided in subd. 4m. or 4p., if the number of suspensions, revocations and convictions 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.

SB125, s. 24 Section 24. 343.31 (3) (bm) 4. of the statutes is amended to read:

SB125,12,21 343.31 (3) (bm) 4. Except as provided in subd. 4m. or 4p., if the number of suspensions, revocations and convictions 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.

SB125, s. 25 Section 25. 343.31 (3) (bm) 4p. of the statutes is created to read:

SB125,13,7 343.31 (3) (bm) 4p. If he or she had an alcohol concentration of 0.15 to 0.199, the applicable minimum and maximum suspension or revocation periods under subd. 3. or 4. for the conviction are doubled. If the person convicted under a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63 (1) had an alcohol concentration of 0.20 to 0.249, the applicable minimum and maximum suspension or revocation periods under subd. 3. or 4. for the conviction are tripled. If the person convicted under a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63 (1) had an alcohol concentration of 0.25 or above, the applicable minimum and maximum suspension or revocation periods under subd. 3. or 4. for the conviction are quadrupled.

SB125, s. 26 Section 26. 343.31 (3) (c) of the statutes is amended to read:

SB125,13,22 343.31 (3) (c) Any person convicted under s. 940.09 (1) of causing the death of another or of an unborn child by the operation or handling of a motor vehicle shall have his or her operating privilege revoked for 5 years. If there was a minor passenger under 16 years of age or an unborn child, as defined in s. 939.75 (1), in the motor vehicle at the time of the violation that gave rise to the conviction under s. 940.09 (1), the revocation period is 10 years. If the person convicted under s. 940.09 (1) 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 revocation period is 10 years. If the person convicted under s. 940.09 (1) 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 revocation period is 15 years. If the person convicted under s. 940.09 (1) 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 revocation period is 20 years.

SB125, s. 27 Section 27. 343.31 (3) (e) of the statutes is amended to read:

SB125,14,12 343.31 (3) (e) Any person convicted under s. 346.63 (2) shall have his or her operating privilege revoked for not less than one year nor more than 2 years. If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under s. 346.63 (2), the minimum and maximum revocation periods are doubled. If the person convicted under s. 346.63 (2) 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 minimum and maximum revocation periods are doubled. If the person convicted under s. 346.63 (2) 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 minimum and maximum revocation periods are tripled. If the person convicted under s. 346.63 (2) 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 minimum and maximum revocation periods are quadrupled.

SB125, s. 28 Section 28. 343.31 (3) (f) of the statutes is amended to read:

SB125,15,2 343.31 (3) (f) Any person convicted under s. 940.25 shall have his or her operating privilege revoked for 2 years. If there was a minor passenger under 16 years of age or an unborn child, as defined in s. 939.75 (1), in the motor vehicle at the time of the violation that gave rise to the conviction under s. 940.25, the revocation period is 4 years. If the person convicted under s. 940.25 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 revocation period is 4 years. If the person convicted under s. 940.25 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 revocation period is 6 years. If the person convicted under s. 940.25 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 revocation period is 8 years.

SB125, s. 29 Section 29. 346.65 (2) (b) of the statutes is amended to read:

SB125,15,9 346.65 (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.

SB125, s. 30 Section 30. 346.65 (2) (c) of the statutes is amended to read:

SB125,15,16 346.65 (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.

SB125, s. 31 Section 31. 346.65 (2) (d) of the statutes is amended to read:

SB125,15,23 346.65 (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.

SB125, s. 32 Section 32. 346.65 (2) (e) of the statutes is amended to read: