LRB-2698/3
CMH&PJH:bjk&kjf:nwn
2007 - 2008 LEGISLATURE
September 11, 2007 - Introduced by Representatives Gundrum, Newcomer,
Staskunas, J. Ott, Suder, A. Ott, Berceau, Zepnick, Jorgensen, Petersen,
Nygren, Bies, Strachota, Vos, Petrowski, Owens, Molepske, Townsend,
Sheridan, LeMahieu and
Gunderson, cosponsored by Senators Kedzie,
Lehman, Sullivan and
Roessler. Referred to Committee on Judiciary and
Ethics.
AB498,1,3
1An Act to create 23.33 (13) (b) 1m., 30.80 (6) (a) 1m., 346.65 (2) (am) 1m., 350.11
2(3) (a) 1m. and 973.06 (1) (j) of the statutes;
relating to: costs of administering
3tests for intoxication.
Analysis by the Legislative Reference Bureau
Under current law, a law enforcement officer may request a person to provide
a sample of breath, blood, or urine for analysis if the person is arrested for operating
while intoxicated a vehicle, an all-terrain vehicle, a boat, or a snowmobile or for
injury or homicide by intoxicated use of a vehicle. Upon the request of a law
enforcement officer, a test facility must perform an analysis of a person's sample of
blood.
Under this bill, if the person violates one of the laws mentioned above, the
person must be assessed any costs associated with acquiring a blood sample and
administering a blood test or analysis that were charged to or paid by a law
enforcement agency.
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:
AB498, s. 1
4Section
1. 23.33 (13) (b) 1m. of the statutes is created to read:
AB498,2,3
123.33
(13) (b) 1m. In addition to the forfeiture imposed under subd. 1., the
2person shall pay any costs charged to or paid by a law enforcement agency for the
3withdrawal, testing, or analysis of the person's blood under sub. (4p).
AB498, s. 2
4Section
2. 30.80 (6) (a) 1m. of the statutes is created to read:
AB498,2,75
30.80
(6) (a) 1m. In addition to the forfeiture imposed under subd. 1., the person
6shall pay any costs charged to or paid by a law enforcement agency for the
7withdrawal, testing, or analysis of the person's blood under s. 30.684.
AB498, s. 3
8Section
3. 346.65 (2) (am) 1m. of the statutes is created to read:
AB498,2,119
346.65
(2) (am) 1m. In addition to the forfeiture imposed under subd. 1., the
10person shall pay any costs charged to or paid by a law enforcement agency for the
11withdrawal, testing, or analysis of the person's blood under s. 343.305.
AB498, s. 4
12Section
4. 350.11 (3) (a) 1m. of the statutes is created to read:
AB498,2,1513
350.11
(3) (a) 1m. In addition to the forfeiture imposed under subd. 1., the
14person shall pay any costs charged to or paid by a law enforcement agency for the
15withdrawal, testing, or analysis of the person's blood under s. 350.104.
AB498, s. 5
16Section
5. 973.06 (1) (j) of the statutes is created to read:
AB498,2,1917
973.06
(1) (j) Any costs charged to or paid by a law enforcement agency for the
18withdrawal, testing, or analysis of the person's blood under s. 23.33 (4p), 30.684,
19343.305, or 350.104.
