AB17: Bill Text

AB17,8,6 343.301 (5) In addition to the the costs under sub. (3), the person shall pay to the department a surcharge of $50 upon the installation of the first ignition interlock device.

AB17, s. 19 Section 19. 343.305 (10m) (title) of the statutes is amended to read:

AB17,8,9 343.305 (10m) (title) Refusals; seizure, immobilization or ignition interlock of a motor vehicle.

AB17, s. 20 Section 20. 343.305 (10m) (a) of the statutes is amended to read:

AB17,8,20 343.305 (10m) (a) Except as provided in par. (b), if the person whose operating privilege is revoked under sub. (10) has one or more prior convictions, suspensions, or revocations, as counted under s. 343.307 (1), the procedure under s. 343.301 shall be followed if the court enters an order regarding operating privilege restriction or enters an order regarding immobilization. If the number of convictions under ss. 940.09 (1) and 940.25 in the lifetime of the person whose operating privilege is revoked under sub. (10), plus the total number of other convictions, suspensions, and revocations counted under s. 343.307 (1), equals 2 or more, the procedure under s. 346.65 (6) shall be followed if the court orders seizure and forfeiture of the motor vehicle used in the improper refusal and owned by the person.

AB17, s. 21 Section 21. 343.305 (10m) (b) of the statutes is amended to read:

AB17,9,7 343.305 (10m) (b) If the person whose operating privilege is revoked under sub. (10) has 2 or more convictions, suspensions, or revocations, as counted under s. 343.307 (1) within any 5-year period, the procedure under s. 343.301 shall be followed if the court enters an order regarding operating privilege restriction and the installation of an ignition interlock device or enters an order regarding immobilization. If the number of convictions under ss. 940.09 (1) and 940.25 in the lifetime of the person whose operating privilege is revoked under sub. (10), plus the total number of other convictions, suspensions, and revocations counted under s. 343.307 (1), equals 2 or more, the procedure under s. 346.65 (6) shall be followed if the court orders seizure and forfeiture of the motor vehicle used in the improper refusal and owned by the person.

AB17, s. 22 Section 22. 346.65 (6) of the statutes is repealed.

AB17, s. 23 Section 23. 347.413 (title) and (1) of the statutes are amended to read:

AB17,9,17 347.413 (title) Ignition interlock device tampering; failure to install. (1) No person may remove, disconnect, tamper with, or otherwise circumvent the operation of an ignition interlock device installed in response to the court order under s. 346.65 (6), 1999 stats., or s. 343.301 (1), or fail to have the ignition interlock device installed as ordered by the court. This subsection does not apply to the removal of an ignition interlock device upon the expiration of the order requiring the motor vehicle to be so equipped or to necessary repairs to a malfunctioning ignition interlock device by a person authorized by the department.

AB17, s. 24 Section 24. 347.417 (1) of the statutes is amended to read:

AB17,9,23 347.417 (1) No person may remove, disconnect, tamper with, or otherwise circumvent the operation of any immobilization device installed in response to a court order under s. 346.65 (6), 1999 stats., or s. 343.301 (2), 2007 stats. This subsection does not apply to the removal of an immobilization device pursuant to a court order or to necessary repairs to a malfunctioning immobilization device.

AB17, s. 25 Section 25. 347.417 (2) of the statutes is amended to read:

AB17,10,5 347.417 (2) The department shall design a warning label which shall be affixed by the owner of each immobilization device before the device is used to immobilize any motor vehicle under s. 346.65 (6), 1999 stats., or s. 343.301 (2), 2007 stats. The label shall provide notice of the penalties for removing, disconnecting, tampering with, or otherwise circumventing the operation of the immobilization device.

AB17, s. 26 Section 26. 347.50 (1s) of the statutes is amended to read:

AB17,10,11 347.50 (1s) Any person violating s. 347.413 (1) or 347.417 (1) may be required to forfeit not less than $150 nor more than $600, or may be imprisoned for not more than 6 months, or both for the first offense. For a 2nd or subsequent conviction within 5 years, the person may be fined not less than $300 nor more than $1,000, or imprisoned for not more than 6 months, or both.

AB17, s. 27 Section 27. 347.50 (1t) of the statutes is created to read:

AB17,10,15 347.50 (1t) In addition to the penalty under sub. (1s), if a person who is subject to an order under s. 343.301 violates s. 347.413, the court shall extend the order under s. 343.301 (1) or (2m) for 6 months for each violation.

AB17, s. 28 Section 28. 940.09 (1d) (a) 1. of the statutes is renumbered 940.09 (1d) (ac) and amended to read:

AB17,10,24 940.09 (1d) (ac) Except as provided in subd. 2. par. (bc), if the person who committed an offense under sub. (1) (a), (am), (b), (c), (cm), or (d) has 2 or more prior convictions, suspensions, or revocations, counting convictions under sub. (1) and s. 940.25 in the person's lifetime, plus other convictions, suspensions, or revocations counted under s. 343.307 (1), the procedure under s. 343.301 shall be followed if the court enters an order regarding operating privilege restriction or enters an order regarding immobilization.

AB17, s. 29 Section 29. 940.09 (1d) (a) 2. of the statutes is renumbered 940.09 (1d) (bc) and amended to read:

AB17,11,8 940.09 (1d) (bc) Notwithstanding par. (b), if If the person who committed an offense under sub. (1) (a), (am), (b), (c), (cm), or (d) has 2 or more convictions, suspensions, or revocations counted under s. 343.307 (1) within any 5-year period, the procedure under s. 343.301 shall be followed if the court enters an order regarding operating privilege restriction and the installation of an ignition interlock device or enters an order regarding immobilization.

AB17, s. 30 Section 30. 940.09 (1d) (b) of the statutes is repealed.

AB17, s. 31 Section 31. 940.25 (1d) (a) 1. of the statutes is renumbered 940.25 (1d) (ac) and amended to read:

AB17,11,18 940.25 (1d) (ac) Except as provided in subd. 2. par. (bc), if the person who committed an offense under sub. (1) (a), (am), (b), (c), (cm), or (d) has 2 or more prior convictions, suspensions, or revocations, counting convictions under sub. (1) and s. 940.09 (1) in the person's lifetime, plus other convictions, suspensions, or revocations counted under s. 343.307 (1), the procedure under s. 343.301 shall be followed if the court enters an order regarding operating privilege restriction or enters an order regarding immobilization.

AB17, s. 32 Section 32. 940.25 (1d) (a) 2. of the statutes is renumbered 940.25 (1d) (bc) and amended to read:

AB17,12,2 940.25 (1d) (bc) Notwithstanding par. (b), if If the person who committed an offense under sub. (1) (a), (am), (b), (c), (cm), or (d) has 2 or more convictions, suspensions, or revocations counted under s. 343.307 (1) within any 5-year period, the procedure under s. 343.301 shall be followed if the court enters an order regarding operating privilege restriction and the installation of an ignition interlock device or enters an order regarding immobilization.

AB17, s. 33 Section 33. 940.25 (1d) (b) of the statutes is repealed.

AB17, s. 34 Section 34. Initial applicability.

AB17,12,6 (1) This act first applies to offenses that are committed on the effective date of this subsection.

AB17, s. 35 Section 35. Effective dates. This act takes effect on first day of the 3rd month beginning after publication, except as follows:

AB17,12,12 (1) The repeal and recreation of s. 343.10 (2) (a) (intro) of the statutes takes effect on the first day of the 3rd month beginning after publication, or on the date on which the creation of section 343.165 of the statutes by 2007 Wisconsin Act 20 takes effect, whichever is later.

AB17,12,13 (End)