LRB-3719/1
MGD:jld:pg
2001 - 2002 LEGISLATURE
November 21, 2001 - Introduced by Senators Decker and Breske, cosponsored by
Representatives Musser and F. Lasee. Referred to Committee on Judiciary,
Consumer Affairs, and Campaign Finance Reform.
SB324,1,1
1An Act to create 175.50 of the statutes;
relating to: passive alcohol sensors.
Analysis by the Legislative Reference Bureau
Under current law, a person may not operate a motor vehicle, a snowmobile, or
an all-terrain vehicle while under the influence of an intoxicant or with a blood or
breath alcohol concentration in excess of a certain level. This bill prohibits a law
enforcement officer from using a passive alcohol sensor for the purpose of detecting
alcohol in a person's breath unless the person consents to its use. The bill defines
"passive alcohol sensor" as a device that is used to determine the presence of alcohol
in the air but that does not require a person to breathe directly into it through a
mouthpiece, tube, or similar device.
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:
SB324, s. 1
2Section
1. 175.50 of the statutes is created to read:
SB324,1,3
3175.50 Use of passive alcohol sensors.
(1) In this section:
SB324,1,54
(a) "Law enforcement officer" means a Wisconsin law enforcement officer, as
5defined in s. 175.46 (1) (g).
SB324,2,3
1(b) "Passive alcohol sensor" means a device that is used to determine the
2presence of alcohol in the air but that does not require a person to breathe directly
3into it through a mouthpiece, tube, or similar device.
SB324,2,6
4(2) A law enforcement officer may not use a passive alcohol sensor for the
5purpose of detecting the presence of alcohol in a person's breath unless the person
6consents to its use.
