AB151, s. 19 7Section 19. 346.65 (2) (am) 1m. of the statutes is created to read:
AB151,14,118 346.65 (2) (am) 1m. If the person had an alcohol concentration of 0.12 or more,
9shall be fined not less than $500 nor more than $2,500 and imprisoned for not less
10than 5 days nor more than 6 months, except as provided in subds. 2. to 7. and par.
11(f).
AB151, s. 20 12Section 20. 346.65 (2) (am) 2. of the statutes is amended to read:
AB151,14,1913 346.65 (2) (am) 2. Except as provided in pars. (bm) and (f), shall be fined not
14less than $350 $700 nor more than $1,100 $2,500 and imprisoned for not less than
155 15 days nor more than 6 9 months if the number of convictions under ss. 940.09 (1)
16and 940.25 in the person's lifetime, plus the total number of suspensions,
17revocations, and other convictions counted under s. 343.307 (1) within a 10-year
18period, equals 2, except that suspensions, revocations, or convictions arising out of
19the same incident or occurrence shall be counted as one.
AB151, s. 21 20Section 21. 346.65 (2) (am) 3. of the statutes is amended to read:
AB151,15,221 346.65 (2) (am) 3. Except as provided in pars. (cm), (f), and (g), shall be fined
22not less than $600 $1000 nor more than $2,000 $2,500 and imprisoned for not less
23than 30 60 days nor more than one year in the county jail if the number of convictions
24under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of
25suspensions, revocations, and other convictions counted under s. 343.307 (1), equals

13, except that suspensions, revocations, or convictions arising out of the same
2incident or occurrence shall be counted as one.
AB151, s. 22 3Section 22. 346.65 (2) (am) 4. of the statutes is amended to read:
AB151,15,104 346.65 (2) (am) 4. Except as provided in pars. (f) and (g), is guilty of a Class I
5felony and
shall be fined not less than $600 nor more than $2,000 $1,500 and
6imprisoned for not less than 60 days nor more than one year in the county jail if the
7number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus
8the total number of suspensions, revocations and other convictions counted under s.
9343.307 (1), equals 4, except that suspensions, revocations or convictions arising out
10of the same incident or occurrence shall be counted as one.
AB151, s. 23 11Section 23. 346.65 (2) (am) 5. of the statutes is amended to read:
AB151,15,1812 346.65 (2) (am) 5. Except as provided in pars. (f) and (g), is guilty of a Class H
13felony and shall be fined not less than $600 $2,000 and imprisoned for not less than
146 months 2 years if the number of convictions under ss. 940.09 (1) and 940.25 in the
15person's lifetime, plus the total number of suspensions, revocations and other
16convictions counted under s. 343.307 (1), equals 5 or 6, except that suspensions,
17revocations or convictions arising out of the same incident or occurrence shall be
18counted as one.
AB151, s. 24 19Section 24. 346.65 (2) (am) 5m. of the statutes is created to read:
AB151,15,2520 346.65 (2) (am) 5m. Except as provided in pars. (f) and (g), is guilty of a Class
21G felony and shall be fined not less than $2,500 and imprisoned for not less than 3
22years if the number of convictions under ss. 940.09 (1) and 940.25 in the person's
23lifetime, plus the total number of suspensions, revocations, and other convictions
24counted under s. 343.307 (1), equals 6, except that suspensions, revocations, or
25convictions arising out of the same incident or occurrence shall be counted as one.
AB151, s. 25
1Section 25. 346.65 (2) (am) 6. of the statutes is amended to read:
AB151,16,72 346.65 (2) (am) 6. Except as provided in par. (f), is guilty of a Class G F felony
3and shall be fined not less than $3,000 and imprisoned for not less than 4 years if the
4number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus
5the total number of suspensions, revocations, and other convictions counted under
6s. 343.307 (1), equals 7, 8, or 9, except that suspensions, revocations, or convictions
7arising out of the same incident or occurrence shall be counted as one.
AB151, s. 26 8Section 26. 346.65 (2) (am) 7. of the statutes is amended to read:
AB151,16,149 346.65 (2) (am) 7. Except as provided in par. (f), is guilty of a Class F E felony
10and shall be fined not less than $3,500 and imprisoned for not less than 5 years if the
11number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus
12the total number of suspensions, revocations, and other convictions counted under
13s. 343.307 (1), equals 10 or more except that suspensions, revocations, or convictions
14arising out of the same incident or occurrence shall be counted as one.
AB151, s. 27 15Section 27. 346.65 (6) (a) 1. of the statutes is amended to read:
AB151,17,316 346.65 (6) (a) 1. The court may order a law enforcement officer to seize the
17motor vehicle used in the violation or improper refusal and owned by the person
18whose operating privilege is revoked under s. 343.305 (10) or who committed a
19violation of s. 346.63 (1) (a), (am), or (b) or (2) (a) 1., 2., or 3., 940.09 (1) (a), (am), (b),
20(c), (cm), or (d), or 940.25 (1) (a), (am), (b), (c), (cm), or (d) if the person whose operating
21privilege is revoked under s. 343.305 (10) or who is convicted of the violation has 2
22or more prior suspensions, revocations, or convictions, counting convictions under ss.
23940.09 (1) and 940.25 in the person's lifetime, plus other convictions, suspensions,
24or revocations counted under s. 343.307 (1). The court may not order a motor vehicle
25seized if the court enters an order under s. 343.301 to immobilize the motor vehicle

1or
equip the motor vehicle with an ignition interlock device or if seizure would result
2in undue hardship or extreme inconvenience or would endanger the health and
3safety of a person.
AB151, s. 28 4Section 28. 346.70 (3m) (b) of the statutes is amended to read:
AB151,17,115 346.70 (3m) (b) The department shall tabulate and may analyze all accident
6reports and shall publish annually monthly or at more frequent intervals statistical
7information based thereon as to the number and circumstances of traffic accidents.
8The reports shall include a tabulation of the number of accidents in which the
9consumption of intoxicants or other drugs were contributing factors to the accidents
10and information as to the amounts of intoxicants or other drugs that were in the blood
11of the drivers involved in the accidents.
AB151, s. 29 12Section 29. 347.417 (1) of the statutes is amended to read:
AB151,17,1713 347.417 (1) No person may remove, disconnect, tamper with, or otherwise
14circumvent the operation of any immobilization device installed in response to a
15court order under s. 346.65 (6), 1999 stats., or s. 343.301 (2), 2007 stats. This
16subsection does not apply to the removal of an immobilization device pursuant to a
17court order or to necessary repairs to a malfunctioning immobilization device.
AB151, s. 30 18Section 30. 347.417 (2) of the statutes is amended to read:
AB151,17,2319 347.417 (2) The department shall design a warning label which shall be affixed
20by the owner of each immobilization device before the device is used to immobilize
21any motor vehicle under s. 346.65 (6), 1999 stats., or s. 343.301 (2), 2007 stats. The
22label shall provide notice of the penalties for removing, disconnecting, tampering
23with, or otherwise circumventing the operation of the immobilization device.
AB151, s. 31 24Section 31. 940.09 (1d) (a) 1. of the statutes is amended to read:
AB151,18,8
1940.09 (1d) (a) 1. Except as provided in subd. 2., if the person who committed
2an offense under sub. (1) (a), (am), (b), (c), (cm), or (d) has 2 or more prior convictions,
3suspensions, or revocations, counting convictions under sub. (1) and s. 940.25 in the
4person's lifetime, plus other convictions, suspensions, or revocations counted under
5s. 343.307 (1)
had an alcohol concentration of less than 0.12 or more at the time of
6the offense
, the procedure under s. 343.301 (1) (a) shall be followed if the court enters
7an order regarding operating privilege restriction or enters an order regarding
8immobilization
.
AB151, s. 32 9Section 32. 940.09 (1d) (a) 2. of the statutes is amended to read:
AB151,18,1610 940.09 (1d) (a) 2. Notwithstanding par. (b), if the person who committed an
11offense under sub. (1) (a), (am), (b), (c), (cm), or (d) has 2 or more convictions,
12suspensions, or revocations counted under s. 343.307 (1) within any 5-year period
13had an alcohol concentration of 0.12 or more at the time of the offense, the procedure
14under s. 343.301 (1) (bm) shall be followed if the court enters an order regarding
15operating privilege restriction and the installation of an ignition interlock device or
16enters an order regarding immobilization
.
AB151, s. 33 17Section 33. 940.25 (1d) (a) 1. of the statutes is amended to read:
AB151,18,2518 940.25 (1d) (a) 1. Except as provided in subd. 2., if the person who committed
19an offense under sub. (1) (a), (am), (b), (c), (cm), or (d) has 2 or more prior convictions,
20suspensions, or revocations, counting convictions under sub. (1) and s. 940.09 (1) in
21the person's lifetime, plus other convictions, suspensions, or revocations counted
22under s. 343.307 (1)
had an alcohol concentration of less than 0.12 or more at the time
23of the offense
, the procedure under s. 343.301 (1) (a) shall be followed if the court
24enters an order regarding operating privilege restriction or enters an order
25regarding immobilization
.
AB151, s. 34
1Section 34. 940.25 (1d) (a) 2. of the statutes is amended to read:
AB151,19,82 940.25 (1d) (a) 2. Notwithstanding par. (b), if the person who committed an
3offense under sub. (1) (a), (am), (b), (c), (cm), or (d) has 2 or more convictions,
4suspensions, or revocations counted under s. 343.307 (1) within any 5-year period

5had an alcohol concentration of 0.12 or more at the time of the offense, the procedure
6under s. 343.301 (1) (bm) shall be followed if the court enters an order regarding
7operating privilege restriction and the installation of an ignition interlock device or
8enters an order regarding immobilization
.
AB151, s. 35 9Section 35. 973.05 (3) (a) of the statutes is amended to read:
AB151,19,2110 973.05 (3) (a) In lieu of part or all of a fine imposed by a court, the court may
11stay the execution of part or all of the sentence and provide that the defendant
12perform community service work under pars. (b) and (c). If the defendant's fine was
13imposed under s. 346.65 (2) (am) 1m. to 7., (f), and (g), the court may stay the
14execution of part or all of the sentence and shall provide that the defendant perform
15community service work under pars. (b) and (c).
Any applicable driver improvement
16surcharge under s. 346.655 or any domestic abuse surcharge under s. 973.055 shall
17be imposed under ch. 814 regardless of whether part or all of the sentence has been
18stayed. If the defendant fails to comply with the community service order, the court
19shall order the defendant brought before the court for imposition of sentence. If the
20defendant complies with the community service order, he or she has satisfied that
21portion of the sentence.
AB151, s. 36 22Section 36. Initial applicability.
AB151,20,223 (1) This act first applies to violations committed on the effective date of this
24subsection but does not preclude the counting of other convictions, suspensions, or

1revocations as prior convictions, suspensions, or revocations for purposes of
2administrative action by the department of transportation or sentencing by a court.
AB151,20,33 (End)
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