AB283: Bill Text

2. Current law defines a "prohibited alcohol concentration" as an alcohol concentration of 0.08 or more if the person has two or fewer prior OWI-related convictions, suspensions, or revocations. If the person has three or more prior OWI-related convictions, suspensions, or revocations, the prohibited alcohol concentration is defined as an alcohol concentration of more than 0.02.

This bill adds a definition of a prohibited alcohol concentration as an alcohol concentration of more than 0.02 for the two-year period after a person has committed an OWI offense.

3. Under current law, a person who is subject to a forfeiture or a fine for violating most state laws or local ordinances is also liable for a variety of penalty surcharges and court fees. In addition, a person who commits an OWI-related offense is liable for a penalty surcharge for driver improvement programs and is required to comply with an alcohol and other drug assessment before he or she is eligible for reinstatement of his or her driving privileges.

Currently, a person who commits his or her first OWI-related offense and who has a blood alcohol concentration between 0.08 and 0.099 at the time of the offense is not liable for the surcharges or fees and does not need to comply with an alcohol or other drug assessment program. Further, the Department of Transportation (DOT) must purge its records of a first offense related to driving while intoxicated after ten years; the department keeps all other records of offenses related to driving while intoxicated permanently.

Under this bill, a person who commits his or her first OWI-related offense and who has a blood alcohol concentration between 0.08 and 0.099 at the time of the violation is liable for the surcharges or fees and must comply with an alcohol or other drug assessment program before his or her driving privileges may be reinstated. Under this bill, DOT must keep a record of this offense permanently.

4. Under current law, a person who commits an OWI-related offense is subject to a forfeiture or fine and, for a second or subsequent offense, a period of imprisonment. Currently, a person who commits a second OWI-related offense is subject to a fine between $350 and $1,100 and may be imprisoned for not less than five days nor more than six months, a person who commits a third offense is subject to a fine between $600 and $2,000 and may be imprisoned for not less than 30 days nor more than one year, a person who commits a fourth offense may be fined between $600 and $2,000 and may be imprisoned for not less than 60 days nor more than one year.

Upon committing a fifth or sixth OWI-related offense, a person is guilty of a Class H felony, and is subject to a minimum fine of $600, a six-month minimum term of imprisonment, and a maximum term of imprisonment of six years. A seventh, eighth, or ninth OWI-related offense is a Class G felony, and the person is subject to a maximum fine of $25,000 and a maximum term of imprisonment of ten years. A tenth or subsequent OWI-related offense is a Class F felony, and the person is subject to a maximum fine of $25,000, and a maximum term of imprisonment of 12 years and six months.

Under current law, a person who is sentenced for a felony is sentenced to a bifurcated sentence, and the person serves a portion of his or her sentence confined in a prison and a portion under extended supervision outside of prison.

This bill makes a fourth OWI-related offense committed within five years of a prior offense a Class H felony and requires a person who commits a fourth, fifth, or sixth OWI-related offense to serve a minimum of two years in prison under a bifurcated sentence. The bill requires a person who commits a seventh, eighth, or ninth OWI-related offense to serve a minimum of three years in prison under a bifurcated sentence and a person who commits a tenth or subsequent OWI-related offense to serve a minimum of four years in prison under a bifurcated sentence.

5. Under current law, a person who commits an OWI-related offense and causes injury to another is subject to a fine of not less than $300 nor more than $2,000, imprisonment for not less than 30 days nor more than one year, or both.

Under this bill, a person who commits a second or subsequent OWI-related offense and causes injury to another person is guilty of a Class H felony, and is subject to a fine up to $10,000, imprisonment for not more than six years, or both.

6. 2005 Wisconsin Act 389 created a pilot program for sentencing persons in Winnebago County who are convicted of certain second or third OWI-related offenses. Under that act, the period of imprisonment for an OWI-related offense in Winnebago County may be reduced if the violator successfully completes a period of probation that includes alcohol and other drug treatment. A person may complete a treatment program and receive a reduced period of imprisonment only once.

This bill expands the sentencing option to any county that opts to allow a violator to successfully complete a period of probation that includes alcohol and other drug treatment in exchange for a shorter period of imprisonment.

7. Under current law, a person who commits an OWI-related offense has his or her operating privileges revoked for a specified period. The period of revocation lengthens with each subsequent OWI-related offense, and generally begins on the date on which the person commits the OWI-related offense.

Under this bill, the period of revocation begins on the date on which the person commits the OWI-related offense, but is tolled for any time period that the person spends in jail or in prison. The bill makes the person whose operating privileges are revoked responsible for notifying DOT that he or she has been released from jail or prison.

8. Under current law, after a person is convicted of most crimes, the trial court may withhold the person's sentence, or impose a sentence of imprisonment but stay the imposition of imprisonment, and place the person on probation for a period of time. If the crime carries a mandatory minimum period of incarceration of one year or less, the person must be incarcerated for at least the mandatory minimum period as a condition of his or her probation.

Under current law, a trial court may not place a person on probation if the person has committed a second or third OWI-related offense or three or fewer offenses related to operating a commercial vehicle or causing injury while operating a vehicle while intoxicated or with a prohibited alcohol concentration. A trial court may place a person who commits more than three of these offenses on probation under current law.

Under this bill, a trial court may place a person who commits any of those offenses on probation. Under the bill, a person who commits an offense that carries a mandatory minimum period of incarceration of one year or less must be incarcerated for at least the mandatory minimum period as a condition of his or her probation.

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:

AB283, s. 1 Section 1. 20.395 (5) (hj) of the statutes is created to read:

AB283,5,4 20.395 (5) (hj) Ignition interlock device administration and enforcement. All moneys in the general fund received under s. 343.301 (5) for expenditures related to administering the ignition interlock device program under ss. 110.10 and 343.301.

AB283, s. 2 Section 2. 25.40 (1) (a) 17. of the statutes is created to read:

AB283,5,7 25.40 (1) (a) 17. Moneys collected under s. 343.301 (5) that are deposited into the general fund and credited to the appropriation under s. 20.395 (5) (hj).

AB283, s. 3 Section 3. 165.755 (1) (b) of the statutes is amended to read:

AB283,6,5 165.755 (1) (b) A court may not impose the crime laboratories and drug law enforcement surcharge under par. (a) for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5) (b), for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of a state law or municipal or county ordinance involving a nonmoving traffic violation, a violation under s. 343.51 (1m) (b), or a safety belt use violation under s. 347.48 (2m).

AB283, s. 4 Section 4. 302.46 (1) (a) of the statutes is amended to read:

AB283,6,19 302.46 (1) (a) If a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), or for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations, violations under s. 343.51 (1m) (b), or safety belt use violations under s. 347.48 (2m), the court, in addition, shall impose a jail surcharge under ch. 814 in an amount of 1 percent of the fine or forfeiture imposed or $10, whichever is greater. If multiple offenses are involved, the court shall determine the jail surcharge on the basis of each fine or forfeiture. If a fine or forfeiture is suspended in whole or in part, the court shall reduce the jail surcharge in proportion to the suspension.

AB283, s. 5 Section 5. 340.01 (46m) (c) of the statutes is amended to read:

AB283,6,23 340.01 (46m) (c) If the person is subject to an order under s. 343.301 or if the person has 3 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), an alcohol concentration of more than 0.02.

AB283, s. 6 Section 6. 340.01 (46m) (d) of the statutes is created to read:

AB283,7,3 340.01 (46m) (d) If the person has a prior conviction, suspension, or revocation, as counted under s. 343.307 (1), within 2 years of the current offense, an alcohol concentration of more than 0.02.

AB283, s. 7 Section 7. 342.12 (4) (c) 1. b. of the statutes is repealed.

AB283, s. 8 Section 8. 342.12 (4) (c) 1. c. of the statutes is amended to read:

AB283,7,8 342.12 (4) (c) 1. c. The person requesting the issuance of the certificate of title files an affidavit with the department attesting that the conditions condition under subd. 1. a. and b. are is met.

AB283, s. 9 Section 9. 342.13 (1) of the statutes is amended to read:

AB283,7,19 342.13 (1) If a certificate of title is lost, stolen, mutilated, or destroyed, or becomes illegible, the owner or legal representative of the owner named in the certificate, as shown by the records of the department, shall promptly make application for and may obtain a replacement upon furnishing information satisfactory to the department. The replacement certificate of title shall contain a notation, in a form determined by the department, identifying the certificate as a replacement certificate that may be subject to the rights of a person under the original certificate. If applicable under s. 346.65 (6), the replacement certificate of title shall include the notation "Per section 346.65 (6) of the Wisconsin statutes, ownership of this motor vehicle may not be transferred without prior court approval".

AB283, s. 10 Section 10. 343.10 (2) (a) (intro.) of the statutes is amended to read:

AB283,7,22 343.10 (2) (a) (intro.) Except as provided in pars. (b) to (e) (f), a person is eligible for an occupational license if the following conditions are satisfied:

AB283, s. 11 Section 11. 343.10 (2) (a) (intro.) of the statutes, as affected by 2007 Wisconsin Act 20 and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB283,8,3 343.10 (2) (a) (intro.) Except as provided in pars. (b) to (f), and subject to s. 343.165 (5), a person is eligible for an occupational license if the following conditions are satisfied:

AB283, s. 12 Section 12. 343.10 (2) (f) of the statutes is created to read:

AB283,8,10 343.10 (2) (f) If the court orders under s. 343.301 (1) 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, no occupational license may be granted until the person pays the surcharge under s. 343.301 (5) and submits proof that an ignition interlock device has been installed in each motor vehicle for which the person's name appears on the vehicle's certificate of title or registration.

AB283, s. 13 Section 13. 343.10 (5) (a) 3. of the statutes is amended to read:

AB283,9,5 343.10 (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 removes or disconnects an ignition interlock device, 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, or otherwise tampers with or circumvents the operation of the ignition interlock device. Except as provided in s. 343.301 (3) (b), 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.

AB283, s. 14 Section 14. 343.23 (2) (b) of the statutes is amended to read:

AB283,9,25 343.23 (2) (b) The information specified in pars. (a) and (am) must be filed by the department so that the complete operator's record is available for the use of the secretary in determining whether operating privileges of such person shall be suspended, revoked, canceled, or withheld, or the person disqualified, in the interest of public safety. The record of suspensions, revocations, and convictions that would be counted under s. 343.307 (2) shall be maintained permanently, except that the department shall purge the record of a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b) after 10 years, if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, if the person does not have a commercial driver license, if the violation was not committed by a person operating a commercial motor vehicle, and if the person has no other suspension, revocation, or conviction that would be counted under s. 343.307 during that 10-year period. The record of convictions for disqualifying offenses under s. 343.315 (2) (h) shall be maintained for at least 10 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (f) and (j), and all records specified in par. (am), shall be maintained for at least 3 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be maintained permanently, except that 5 years after a licensee transfers residency to another state such record may be transferred to another state of licensure of the licensee if that state accepts responsibility for maintaining a permanent record of convictions for disqualifying offenses. Such reports and records may be cumulative beyond the period for which a license is granted, but the secretary, in exercising the power of suspension granted under s. 343.32 (2) may consider only those reports and records entered during the 4-year period immediately preceding the exercise of such power of suspension.

AB283, s. 15 Section 15. 343.30 (1q) (b) 5. of the statutes is amended to read:

AB283,10,13 343.30 (1q) (b) 5. The time period under this paragraph shall be measured from the dates of the refusals or violations which resulted in the suspensions, revocations or convictions, except that the time period shall be tolled whenever and for as long as the person is imprisoned. A person whose revocation period is tolled under this subdivision is responsible for notifying the department that he or she has been released from prison.

AB283, s. 16 Section 16. 343.30 (1q) (c) 1. (intro.) of the statutes is amended to read:

AB283,10,25 343.30 (1q) (c) 1. (intro.) Except as provided in subd. 1. a. or b., and except for a first violation of s. 346.63 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, the court shall order the person to submit to and comply with an assessment by an approved public treatment facility as defined in s. 51.45 (2) (c) for examination of the person's use of alcohol, controlled substances or controlled substance analogs and development of a driver safety plan for the person. The court shall notify the department of transportation of the assessment order. The court shall notify the person that noncompliance with assessment or the driver safety plan will result in revocation of the person's operating privilege until the person is in compliance. The assessment order shall:

AB283, s. 17 Section 17. 343.301 (title) of the statutes is amended to read:

AB283,11,3 343.301 (title) Installation of ignition interlock device or immobilization of a motor vehicle.

AB283, s. 18 Section 18. 343.301 (1) (title) of the statutes is repealed.

AB283, s. 19 Section 19. 343.301 (1) of the statutes is repealed and recreated to read:

AB283,11,10 343.301 (1) A court shall order a 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, except as provided in sub. (1m), shall order that each motor vehicle in the person's household operated by the person be equipped with an ignition interlock device if either of the following applies:

AB283,11,11 (a) The person improperly refused to take a test under s. 343.305.

AB283,11,13 (b) The person violated s. 346.63 (1) or (2), 940.09 (1), or 940.25 and either of the following applies:

AB283,11,15 1. The person had an alcohol concentration of 0.15 or more at the time of the offense.

AB283,11,19 2. 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).

AB283, s. 20 Section 20. 343.301 (1) (b) 1. and 2. of the statutes are consolidated, renumbered 343.301 (2m) and amended to read:

AB283,12,6 343.301 (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 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).

AB283, s. 21 Section 21. 343.301 (1) (c) of the statutes is renumbered 343.301 (3) (a) and amended to read:

AB283,12,11 343.301 (3) (a) If Except as provided in par. (b), 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.

AB283, s. 22 Section 22. 343.301 (1) (d) of the statutes is renumbered 343.301 (4) and amended to read:

AB283,12,21 343.301 (4) A person to whom an order under par. (a) sub. (1) applies violates that order if he or she fails to have an ignition interlock device installed as ordered, removes or disconnects an ignition interlock device, 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, or otherwise tampers with or circumvents the operation of the ignition interlock device.

AB283, s. 23 Section 23. 343.301 (1m) of the statutes is created to read:

AB283,12,25 343.301 (1m) If equipping each motor vehicle with an ignition interlock device under sub. (1) would cause an undue financial hardship, the court may order that one or more vehicles described sub. (1) not be equipped with an ignition interlock device.

AB283, s. 24 Section 24. 343.301 (2) of the statutes is repealed.

AB283, s. 25 Section 25. 343.301 (3) (b) of the statutes is created to read:

AB283,13,9 343.301 (3) (b) If the court finds that the person who is subject to an order under sub. (1) has a household income that is at or below 150 percent of the nonfarm federal poverty line for the continental United States, as defined by the federal department of labor under 42 USC 9902 (2), the court shall limit the person's liability under par. (a) to one-half of the cost of equipping each motor vehicle with an ignition interlock device and one-half of the cost per day per vehicle of maintaining the ignition interlock device.

AB283, s. 26 Section 26. 343.301 (5) of the statutes is created to read:

AB283,13,15 343.301 (5) If the court enters an order under sub. (1), the court shall impose and the person shall pay to the court an interlock surcharge of $50. The court shall transmit the surcharge to the county treasurer for the county in which the order is entered. The county treasurer shall retain $40 of each surcharge and make payment of the remaining $10 to the department.

AB283, s. 27 Section 27. 343.305 (10) (b) 5. of the statutes is amended to read:

AB283,13,22 343.305 (10) (b) 5. The time period under this paragraph shall be measured from the dates of the refusals or violations which resulted in revocations or convictions, except that the time period shall be tolled whenever and for as long as the person is imprisoned. A person whose revocation period is tolled under this subdivision is responsible for notifying the department that he or she has been released from prison.

AB283, s. 28 Section 28. 343.305 (10m) of the statutes is repealed and recreated to read:

AB283,14,3 343.305 (10m) Refusals; ignition interlock of a motor vehicle. The requirements and procedures for installation of an ignition interlock device under s. 343.301 apply when an operating privilege is revoked under sub (10).

AB283, s. 29 Section 29. 343.31 (3) (bm) 5. of the statutes is amended to read:

AB283,14,10 343.31 (3) (bm) 5. The time period under this paragraph shall be measured from the dates of the refusals or violations which resulted in the suspensions, revocations or convictions, except that the time period shall be tolled whenever and for as long as the person is imprisoned. A person whose revocation period is tolled under this subdivision is responsible for notifying the department that he or she has been released from prison.

AB283, s. 30 Section 30. 346.65 (2) (am) 4. of the statutes is amended to read:

AB283,14,18 346.65 (2) (am) 4. Except as provided in subd. 4m. and pars. (f) and (g), shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 60 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 4, except that suspensions, revocations or convictions arising out of the same incident or occurrence shall be counted as one.

AB283, s. 31 Section 31. 346.65 (2) (am) 4m. of the statutes is created to read:

AB283,15,3 346.65 (2) (am) 4m. Except as provided in pars. (f) and (g), is guilty of a Class H felony and shall be fined not less than $600 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 4 and the person committed an offense that resulted in a suspension, revocation, or other conviction counted under s. 343.307 (1) within 5 years prior to the current conviction, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one. The confinement portion of a bifurcated sentence imposed on the person under s. 973.01 shall be not less than 2 years.

AB283, s. 32 Section 32. 346.65 (2) (am) 5. of the statutes is amended to read:

AB283,15,12 346.65 (2) (am) 5. Except as provided in pars. (f) and (g), is guilty of a Class H felony and shall be fined not less than $600 and imprisoned for not less 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), equals 5 or 6, except that suspensions, revocations or convictions arising out of the same incident or occurrence shall be counted as one. The confinement portion of a bifurcated sentence imposed on the person under s. 973.01 shall be not less than 2 years.

AB283, s. 33 Section 33. 346.65 (2) (am) 6. of the statutes is amended to read:

AB283,15,20 346.65 (2) (am) 6. Except as provided in par. (f), is guilty of a Class G felony 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 7, 8, or 9, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one. The confinement portion of a bifurcated sentence imposed on the person under s. 973.01 shall be not less than 3 years.