AB151: Bill Text

LRB-0914/3

RPN&ARG:kjf:ph

2009 - 2010 LEGISLATURE

2009 Assembly BILL 151

March 17, 2009 - Introduced by Representatives Zepnick, Hixson and Bies, cosponsored by Senator Sullivan. Referred to Committee on Public Safety.

AB151,1,11 An Act to repeal 343.301 (1) (title) and 343.301 (2); to renumber and amend 343.301 (1) (a) 1., 343.301 (1) (a) 2., 343.301 (1) (c) and 343.301 (1) (d); to consolidate, renumber and amend 343.301 (1) (b) 1. and 2.; to amend 343.10 (5) (a) 3., 343.30 (1q) (b) 2., 343.30 (1q) (b) 3., 343.30 (1q) (b) 4., 343.30 (1q) (d), 343.301 (title), 343.305 (10) (d), 343.305 (10m) (a), 343.305 (10m) (b), 346.65 (2) (am) 1., 346.65 (2) (am) 2., 346.65 (2) (am) 3., 346.65 (2) (am) 4., 346.65 (2) (am) 5., 346.65 (2) (am) 6., 346.65 (2) (am) 7., 346.65 (6) (a) 1., 346.70 (3m) (b), 347.417 (1), 347.417 (2), 940.09 (1d) (a) 1., 940.09 (1d) (a) 2., 940.25 (1d) (a) 1., 940.25 (1d) (a) 2. and 973.05 (3) (a); and to create 85.54, 346.65 (2) (am) 1m. and 346.65 (2) (am) 5m. of the statutes; relating to: drunk driving penalties, consumption reports, and intoxicated driver deterrence.

Analysis by the Legislative Reference Bureau

This bill makes numerous changes regarding the operation of a motor vehicle while intoxicated or under the influence of a controlled substance (OWI), including the following:

1. Currently, an occupational license is issued for limited purposes to persons who do not have a regular license to operate a motor vehicle because that license is suspended or revoked. Under current law, if an occupational license applicant's suspension or revocation is because of an OWI offense and the OWI offense is the person's second OWI offense, the occupational license restricts the person to operating a vehicle equipped with an ignition interlock device. This bill requires the occupational license to restrict the person to operating a vehicle equipped with an ignition interlock device after the first OWI offense.

2. Currently, a person who commits an OWI offense is required to submit to an assessment of the offender's use of an intoxicant. If the assessing facility determines that the offender needs treatment, it submits a report of the assessment and driver safety plan to the offender, the county agency involved in alcohol treatment, and the Department of Transportation (DOT). The driver safety plan may require treatment for the offender's misuse of intoxicants or controlled substances and attendance at a traffic safety school. This bill requires the driver safety plan to include treatment for the offender's misuse of intoxicants or controlled substances or attendance at a traffic safety school, or both, if the offender has more than one OWI offense.

3. Under current law, if a person who commits an OWI offense, including a refusal to submit to a test to determine his or her blood alcohol concentration (BAC), has one or more previous OWI offenses, the court may order that the vehicle used during the offense be immobilized or that the offender's operating privilege be limited to driving a vehicle equipped with an ignition interlock device. This bill removes the option of immobilization of the motor vehicle. Instead, the bill allows the court, as part of the penalty for a first OWI offense in which the offender had a BAC of 0.12 or more, to restrict the offender's operating privilege to driving a vehicle equipped with an ignition interlock device. The bill also requires the court to restrict the offender's operating privilege to driving a vehicle equipped with an ignition interlock device if the person has one or more previous OWI offenses.

4. Current law requires the DOT to tabulate and analyze all accident reports and not less than annually publish statistical information about the number and circumstances of traffic accidents. This bill requires DOT to publish that information at least monthly and requires that the information include the number of accidents in which the consumption of intoxicants or controlled substances were contributing factors and the amount of intoxicants or controlled substances that were in the blood of the drivers involved in those accidents.

5. The bill changes the operating privilege restrictions and monetary and imprisonment penalties for OWI offenses as follows:

- See PDF for table

Under the bill, each time DOT receives a record of conviction from a court showing that a person has been convicted of OWI, DOT must publish a notice in the official newspaper of the county where the conviction occurred or the person resides containing the person's name, age, and last-known residence address and the person's total number of OWI convictions.

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:

AB151, s. 1 Section 1. 85.54 of the statutes is created to read:

AB151,5,2 85.54 Intoxicated driver deterrence. (1) The department shall make efforts to deter the intoxicated operation of motor vehicles in this state. The department's efforts may include any program designed to provide high visibility of law enforcement on those highways where the department determines that drivers are most likely to operate motor vehicles while intoxicated.

AB151,5,9 (2) No later than the end of the 2nd month after receiving a record of conviction showing that a person has been convicted under s. 346.63 (1) or a local ordinance in conformity with s. 346.63 (1), the department shall cause a class 1 notice, under ch. 985, to be published in a county where the conviction occurred or the person resides. This notice shall contain the person's name, age, and last-known residence address and the total number of times the person has been convicted under s. 346.63 (1) or a local ordinance in conformity with s. 346.63 (1).

AB151, s. 2 Section 2. 343.10 (5) (a) 3. of the statutes is amended to read:

AB151,6,2 343.10 (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. 343.301 (1) (a) 1. or 2. that the person's operating privilege for Class D vehicles be restricted to operating vehicles that are equipped with an ignition interlock device or has ordered under s. 346.65 (6) (a) 1., 1999 stats., that the motor vehicle owned by the person and used in the violation or improper refusal 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.

AB151, s. 3 Section 3. 343.30 (1q) (b) 2. of the statutes is amended to read:

AB151,6,7 343.30 (1q) (b) 2. Except as provided in subd. 3., 4. or 4m., for the first conviction, the court shall revoke the person's operating privilege for not less than 6 months one year nor more than 9 18 months. The person is eligible for an occupational license under s. 343.10 at any time.

AB151, s. 4 Section 4. 343.30 (1q) (b) 3. of the statutes is amended to read:

AB151,6,18 343.30 (1q) (b) 3. Except as provided in subd. 4m., 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 (1) within a 10-year period, equals 2, the court shall revoke the person's operating privilege for not less than one year 2 years nor more than 18 months 3 years. After the first 60 days of the revocation period or, if the total number of convictions, suspensions, and revocations counted under this subdivision within any 5-year period equals 2 or more, after one year of the revocation period has elapsed, 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).

AB151, s. 5 Section 5. 343.30 (1q) (b) 4. of the statutes is amended to read:

AB151,7,4 343.30 (1q) (b) 4. Except as provided in subd. 4m., 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 (1), equals 3 or more, the court shall revoke the person's operating privilege for not less than 2 3 years nor more than 3 4 years. After the first 90 days of the revocation period or, if the total number of convictions, suspensions, and revocations counted under this subdivision within any 5-year period equals 2 or more, after one year of the revocation period has elapsed, 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).

AB151, s. 6 Section 6. 343.30 (1q) (d) of the statutes is amended to read:

AB151,8,24 343.30 (1q) (d) The assessment report shall order compliance with a driver safety plan. The report shall inform the person of the fee provisions under s. 46.03 (18) (f). The driver safety plan may include a component that makes the person aware of the effect of his or her offense on a victim and a victim's family. The driver safety plan may include treatment for the person's misuse, abuse, or dependence on alcohol, controlled substances, or controlled substance analogs, or attendance at a school under s. 345.60, or both. If the person has a total of one or more prior convictions, suspensions, or revocations counted under s. 343.307 (1), the driver safety plan shall include treatment for the person's misuse, abuse, or dependence on alcohol, controlled substances, or controlled substance analogs, or attendance at a school under s. 345.60, or both. If the plan requires inpatient treatment, the treatment shall not exceed 30 days. A driver safety plan under this paragraph shall include a termination date consistent with the plan which shall not extend beyond one year. The county department under s. 51.42 shall assure notification of the department of transportation and the person of the person's compliance or noncompliance with assessment and with treatment. The school under s. 345.60 shall notify the department, the county department under s. 51.42 and the person of the person's compliance or noncompliance with the requirements of the school. Nonpayment of the assessment fee or, if the person has the ability to pay, nonpayment of the driver safety plan fee is noncompliance with the court order. If the department is notified of any noncompliance, other than for nonpayment of the assessment fee or driver safety plan fee, it shall revoke the person's operating privilege until the county department under s. 51.42 or the school under s. 345.60 notifies the department that the person is in compliance with assessment or the driver safety plan. If the department is notified that a person has not paid the assessment fee, or that a person with the ability to pay has not paid the driver safety plan fee, the department shall suspend the person's operating privilege for a period of 2 years or until it receives notice that the person has paid the fee, whichever occurs first. The department shall notify the person of the suspension or revocation, the reason for the suspension or revocation and the person's right to a review. A person may request a review of a revocation based upon failure to comply with a driver safety plan within 10 days of notification. The review shall be handled by the subunit of the department of transportation designated by the secretary. The issues at the review are limited to whether the driver safety plan, if challenged, is appropriate and whether the person is in compliance with the assessment order or the driver safety plan. The review shall be conducted within 10 days after a request is received. If the driver safety plan is determined to be inappropriate, the department shall order a reassessment and if the person is otherwise eligible, the department shall reinstate the person's operating privilege. If the person is determined to be in compliance with the assessment or driver safety plan, and if the person is otherwise eligible, the department shall reinstate the person's operating privilege. If there is no decision within the 10-day period, the department shall issue an order reinstating the person's operating privilege until the review is completed, unless the delay is at the request of the person seeking the review.

AB151, s. 7 Section 7. 343.301 (title) of the statutes is amended to read:

AB151,9,2 343.301 (title) Installation of ignition interlock device or immobilization of a motor vehicle.

AB151, s. 8 Section 8. 343.301 (1) (title) of the statutes is repealed.

AB151, s. 9 Section 9. 343.301 (1) (a) 1. of the statutes is renumbered 343.301 (1) (a) and amended to read:

AB151,9,14 343.301 (1) (a) Except as provided in subd. 2., if If a person improperly refuses to take a test under s. 343.305 or violates s. 346.63 (1) or (2), 940.09 (1), or 940.25, and the person has a total of one or more prior convictions, suspensions, or revocations, counting convictions under ss. 940.09 (1) and 940.25 in the person's lifetime and other convictions, suspensions, and revocations counted under s. 343.307 (1) an alcohol concentration of less than 0.12 at the time of the offense, the court may order that the person's operating privilege for the operation of "Class D" vehicles be restricted to operating "Class D" vehicles that are equipped with an ignition interlock device.

AB151, s. 10 Section 10. 343.301 (1) (a) 2. of the statutes is renumbered 343.301 (1) (bm) and amended to read:

AB151,9,25 343.301 (1) (bm) If Except as provided in par. (a), if a person improperly refuses to take a test under s. 343.305 or violates s. 346.63 (1) or (2), 940.09 (1), or 940.25, and the person has a total of 2 or more convictions, suspensions, or revocations, counted under s. 343.307 (1) within any 5-year period, the court shall order that the person's operating privilege for the operation of "Class D" vehicles be restricted to operating vehicles that are equipped with an ignition interlock device and shall order that each motor vehicle for which the person's name appears on the vehicle's certificate of title or registration be equipped with an ignition interlock device. If equipping each motor vehicle with an ignition interlock device under this subdivision paragraph would cause an undue financial hardship, the court may order that one or more motor vehicles subject to this subdivision paragraph not be equipped with an ignition interlock device. This subdivision paragraph does not apply if the court enters an order under sub. (2) (a) 2. or, if the person has 2 or more prior convictions, suspensions, or revocations for purposes of this subdivision paragraph, to the motor vehicle owned by the person and used in the violation or refusal if the court orders the vehicle to be seized and forfeited under s. 346.65 (6).

AB151, s. 11 Section 11. 343.301 (1) (b) 1. and 2. of the statutes are consolidated, renumbered 343.301 (2m) and amended to read:

AB151,10,19 343.301 (2m) The court may shall restrict the operating privilege restriction under par. (a) 1. sub. (1) for a period of not less than one year nor more than the maximum operating privilege revocation period permitted for the refusal or violation. 2. The court shall order the operating privilege restriction and the installation of an ignition interlock device under par. (a) 2. for a period of not less than one year nor more than the maximum operating privilege revocation period permitted for the refusal or violation, beginning one year after the operating privilege revocation period begins on the date that the department issues any license granted under this chapter. The court may order the installation of an ignition interlock device under sub. (1) immediately upon issuing an order under sub. (1).

AB151, s. 12 Section 12. 343.301 (1) (c) of the statutes is renumbered 343.301 (3) and amended to read:

AB151,10,24 343.301 (3) If the court enters an order under par. (a) sub. (1), the person shall be liable for the reasonable cost of equipping and maintaining any ignition interlock device installed on his or her motor vehicle.

AB151, s. 13 Section 13. 343.301 (1) (d) of the statutes is renumbered 343.301 (4) and amended to read:

AB151,11,8 343.301 (4) A person to whom an order under par. (a) sub. (1) applies violates that order 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.

AB151, s. 14 Section 14. 343.301 (2) of the statutes is repealed.