SB530: Bill Text

LRB-1731/5

PJH:lmk:pg

2005 - 2006 LEGISLATURE

2005 Senate BILL 530

January 27, 2006 - Introduced by Senator Roessler, cosponsored by Representatives Kaufert, Owens, Albers, Berceau, Gunderson, Jeskewitz, Kreibich and Ott. Referred to Committee on Judiciary, Corrections and Privacy.

SB530,1,4 An Act to amend 346.65 (2) (b), 346.65 (2) (c), 346.65 (2j) (b), 346.65 (2j) (c), 346.65 (3m) and 973.09 (1) (d) 1.; and to create 346.65 (2) (bm), 346.65 (2) (cm), 346.65 (2j) (bm), 346.65 (2j) (cm) and 346.65 (3r) of the statutes; relating to: drunken driving and creating a penalty.

Analysis by the Legislative Reference Bureau

This bill creates a pilot program for sentencing persons in Winnebago county who are convicted of certain second or third offenses involving operating a motor vehicle with a prohibited alcohol concentration, or under the influence of an intoxicant, a controlled substance or its analog, or any combination thereof (OWI).

Under the bill, the minimum period of imprisonment for an OWI offense in Winnebago county is reduced if the violator successfully completes a period of probation that includes alcohol and other drug treatment. A person may opt to complete a treatment program and receive a reduced period of imprisonment only once.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.

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:

SB530, s. 1 Section 1. 346.65 (2) (b) of the statutes is amended to read:

SB530,2,8 346.65 (2) (b) Except as provided in par. pars. (bm) and (f), shall be fined not less than $350 nor more than $1,100 and imprisoned for not less than 5 days nor more than 6 months if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations , and other convictions counted under s. 343.307 (1) within a 10-year period, equals 2, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.

SB530, s. 2 Section 2. 346.65 (2) (bm) of the statutes is created to read:

SB530,2,19 346.65 (2) (bm) In Winnebago County, if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1) within a 10-year period, equals 2, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the fine shall be the same as under par. (b), but the period of imprisonment shall be not less than 5 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 2 days. A person may be sentenced under this paragraph or under par. (cm) or sub. (2j) (bm) or (cm) or (3r) once in his or her lifetime.

SB530, s. 3 Section 3. 346.65 (2) (c) of the statutes is amended to read:

SB530,3,7 346.65 (2) (c) Except as provided in pars. (cm), (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 number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other 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.

SB530, s. 4 Section 4. 346.65 (2) (cm) of the statutes is created to read:

SB530,3,18 346.65 (2) (cm) In Winnebago County, if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1) within a 10-year period, equals 3, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the fine shall be the same as under par. (c), but the period of imprisonment shall be not less than 30 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 7 days. A person may be sentenced under this paragraph or under par. (bm) or sub. (2j) (bm) or (cm) or (3r) once in his or her lifetime.

SB530, s. 5 Section 5. 346.65 (2j) (b) of the statutes is amended to read:

SB530,3,24 346.65 (2j) (b) Except as provided in par. pars. (bm) and (d), 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 number of prior convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other convictions, suspension, and revocations counted under s. 343.307 (2) within a 10-year period, equals 2.

SB530, s. 6 Section 6. 346.65 (2j) (bm) of the statutes is created to read:

SB530,4,10 346.65 (2j) (bm) In Winnebago County, if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1) within a 10-year period, equals 2, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the fine shall be the same as under par. (b), but the period of imprisonment shall be not less than 5 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 2 days. A person may be sentenced under this paragraph or under par. (cm) or sub. (2) (bm) or (cm) or (3r) once in his or her lifetime.

SB530, s. 7 Section 7. 346.65 (2j) (c) of the statutes is amended to read:

SB530,4,16 346.65 (2j) (c) Except as provided in par. pars. (cm) and (d), 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 number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other convictions, suspensions, and revocations, counted under s. 343.307 (2), equals 3 or more.

SB530, s. 8 Section 8. 346.65 (2j) (cm) of the statutes is created to read:

SB530,5,2 346.65 (2j) (cm) In Winnebago County, if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1) within a 10-year period, equals 3 or more, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the fine shall be the same as under par. (c), but the period of imprisonment shall be not less than 30 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 7 days. A person may be sentenced under this paragraph or under par. (bm) or sub. (2) (bm) or (cm) or (3r) once in his or her lifetime.

SB530, s. 9 Section 9. 346.65 (3m) of the statutes is amended to read:

SB530,5,11 346.65 (3m) Any Except as provided in sub. (3r), any person violating s. 346.63 (2) or (6) shall be fined not less than $300 nor more than $2,000 and may be imprisoned for not less than 30 days nor more than one year in the county jail. 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) or (6), the offense is a felony, the applicable minimum and maximum fines or periods of imprisonment for the conviction are doubled and the place of imprisonment shall be determined under s. 973.02.

SB530, s. 10 Section 10. 346.65 (3r) of the statutes is created to read:

SB530,5,23 346.65 (3r) In Winnebago County, any person violating s. 346.63 (2) or (6) shall be fined the same as under sub. (3m), but the period of imprisonment shall be not less than 60 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 15 days. 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) or (6), the offense is a felony, the applicable minimum and maximum fines or periods of imprisonment for the conviction are doubled and the place of imprisonment shall be determined under s. 973.02. A person may be sentenced under this subsection or under sub. (2) (bm) or (cm) or (2j) (bm) or (cm) once in his or her lifetime.

SB530, s. 11 Section 11. 973.09 (1) (d) 1. of the statutes is amended to read:

SB530,6,5 973.09 (1) (d) 1. A violation under s. 346.63 (1) that subjects the person to a mandatory minimum period of imprisonment under s. 346.65 (2) (b) or (c). This subdivision does not apply to a person sentenced in Winnebago County if the court orders the person to complete a period of probation that includes alcohol and other drug treatment.

SB530, s. 12 Section 12. Initial applicability.

SB530,6,8 (1) This act first applies to violations that are committed on the effective date of this subsection.

SB530,6,9 (End)