AB670, s. 16 18Section 16. 340.01 (46m) (c) 3. of the statutes is created to read:
AB670,7,2019 340.01 (46m) (c) 3. The person has 3 or more prior convictions, suspensions,
20or revocations, as counted under s. 343.307 (1).
AB670, s. 17 21Section 17. 345.20 (2) (c) of the statutes is amended to read:
AB670,7,2422 345.20 (2) (c) Sections 967.055 and 972.11 (3m) apply to traffic forfeiture
23actions for violations of s. 346.63 (1) or (5) or a local ordinance in conformity
24therewith.
AB670, s. 18 25Section 18. 345.24 (1) of the statutes is amended to read:
AB670,8,7
1345.24 (1) A Except as provided in sub. (1m) (a), a person arrested under s.
2346.63 (1) or (5) or an ordinance in conformity therewith with s. 346.63 (5) or s. 346.63
3(2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, may
4not be released until 12 hours have elapsed from the time of his or her arrest or unless
5a chemical test administered under s. 343.305 shows that the person has an alcohol
6concentration of less than 0.04, but the person may be released to his or her attorney,
7spouse, relative or other responsible adult at any time after arrest
.
AB670, s. 19 8Section 19. 345.24 (1m) of the statutes is created to read:
AB670,8,149 345.24 (1m) (a) An officer may release the arrested person to his or her
10attorney, spouse, relative, or other responsible adult if the person to whom the
11arrested person is released accepts, in writing, legal responsibility for the actions of
12the arrested person for 12 hours after the time of the arrest and acknowledges the
13penalty set forth in sub. (3). Except as provided in par. (b), the officer shall seize or
14immobilize the vehicle used in the offense for 12 hours after the time of the arrest.
AB670,8,1815 (b) An officer may release the vehicle used in the offense to a member of the
16arrested person's household if the member of the household is licensed to operate the
17vehicle and the vehicle is the only vehicle owned or leased by any member of the
18arrested person's household.
AB670, s. 20 19Section 20. 345.24 (3) of the statutes is created to read:
AB670,8,2520 345.24 (3) If, subsequent to being released under sub. (1m), the arrested person
21is convicted of a violation of s. 346.63 (1) or (5) or an ordinance in conformity with s.
22346.63 (5) or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the
23use of a vehicle, and the violation occurred within 12 hours after the person was
24arrested, the attorney, spouse, relative, or other responsible adult to whom the
25arrested person was released is guilty of a Class C misdemeanor.
AB670, s. 21
1Section 21. 346.65 (2) (am) 1. of the statutes is amended to read:
AB670,9,32 346.65 (2) (am) 1. Shall forfeit not less than $150 nor more than $300, except
3Except as provided in subds. 2. to 5. 7. and par. (f), is guilty of a Class C misdemeanor.
AB670, s. 22 4Section 22. 346.65 (2) (f) 1. of the statutes is repealed.
AB670, s. 23 5Section 23. 346.65 (2) (f) 2. of the statutes is renumbered 346.65 (2) (f) and
6amended to read:
AB670,9,137 346.65 (2) (f) If there was a minor passenger under 16 years of age in the motor
8vehicle at the time of the violation that gave rise to the conviction under s. 346.63 (1),
9the applicable minimum and maximum fines and imprisonment under par. (am) 2.
10to 7.
for the conviction are doubled. An offense under s. 346.63 (1) that subjects a
11person to a penalty under par. (am) 3., 4., 4m., 5., 6., or 7. when there is a minor
12passenger under 16 years of age in the motor vehicle is a felony and the place of
13imprisonment shall be determined under s. 973.02.
AB670, s. 24 14Section 24. 346.65 (2) (h) of the statutes is created to read:
AB670,9,2115 346.65 (2) (h) Notwithstanding s. 973.03 (4) (a), a person sentenced under this
16subsection is not eligible for home detention under s. 302.425, good time under s.
17302.43, release from jail for employment under s. 303.08 (1) (b), transfer to a county
18work camp under s. 303.10, release to perform community service unless s. 973.07
19applies, probation under s. 973.09, or diminution of the sentence under s. 303.19 (3)
20until the person has been confined in a prison or jail for the minimum term of
21imprisonment for the offense.
AB670, s. 25 22Section 25. 346.65 (2c) of the statutes is amended to read:
AB670,9,2523 346.65 (2c) In sub. (2) (am) 2., 3., 4., 4m., 5., 6., and 7., the time period shall
24be measured from the dates of the refusals or violations that resulted in the
25revocation or convictions. If a person has a suspension, revocation, or conviction for

1any offense under a local ordinance or a state statute of another state that would be
2counted under s. 343.307 (1), that suspension, revocation, or conviction shall count
3as a prior suspension, revocation, or conviction under sub. (2) (am) 2., 3., 4., 4m., 5.,
46., and 7
.
AB670, s. 26 5Section 26. 346.65 (2e) of the statutes is amended to read:
AB670,10,116 346.65 (2e) If the court determines that a person does not have the ability to
7pay the costs and fine or forfeiture imposed under sub. (2) (am), (f), or (g), the court
8may reduce the costs, or fine, and forfeiture imposed and order the person to pay,
9toward the cost of the assessment and driver safety plan imposed under s. 343.30 (1q)
10(c), the difference between the amount of the reduced costs and fine or forfeiture and
11the amount of costs and fine or forfeiture imposed under sub. (2) (am), (f), or (g).
AB670, s. 27 12Section 27. 346.65 (2g) (a) of the statutes is amended to read:
AB670,10,2113 346.65 (2g) (a) In addition to the authority of the court under s. 973.05 (3) (a)
14to provide that a defendant perform community service work for a public agency or
15a nonprofit charitable organization in lieu of part or all of a fine imposed under sub.
16(2) (am) 2., 3., 4., 4m., and 5. 1., (f), and (g) and except as provided in par. (ag), the
17court may provide that a defendant perform community service work for a public
18agency or a nonprofit charitable organization in lieu of part or all of a forfeiture under
19sub. (2) (am) 1. or
may require a person who is subject to sub. (2) to perform
20community service work for a public agency or a nonprofit charitable organization
21in addition to the penalties specified under sub. (2).
AB670, s. 28 22Section 28. 346.65 (2g) (ag) of the statutes is amended to read:
AB670,11,523 346.65 (2g) (ag) If the court determines that a person does not have the ability
24to pay a fine imposed under sub. (2) (am) 1., 2., 3., 4., 4m., or 5., (f), or (g), the court
25shall require the defendant to perform community service work for a public agency

1or a nonprofit charitable organization in lieu of paying the fine imposed or, if the
2amount of the fine was reduced under sub. (2e), in lieu of paying the remaining
3amount of the fine. Each hour of community service performed in compliance with
4an order under this paragraph shall reduce the amount of the fine owed by an amount
5determined by the court.
AB670, s. 29 6Section 29. 346.65 (2g) (am) of the statutes is amended to read:
AB670,11,167 346.65 (2g) (am) Notwithstanding s. 973.05 (3) (b), an order under par. (a) or
8(ag) may apply only if agreed to by the organization or agency. The court shall ensure
9that the defendant is provided a written statement of the terms of the community
10service order and that the community service order is monitored. Any organization
11or agency acting in good faith to which a defendant is assigned pursuant to an order
12under this subsection has immunity from any civil liability in excess of $25,000 for
13acts or omissions by or impacting on the defendant. The issuance or possibility of the
14issuance of a community service order under this subsection does not entitle an
15indigent defendant who is subject to sub. (2) (am) 1. to representation by counsel
16under ch. 977.
AB670, s. 30 17Section 30. 346.65 (2g) (d) of the statutes is repealed.
AB670, s. 31 18Section 31. 346.65 (2i) of the statutes is amended to read:
AB670,12,1819 346.65 (2i) In addition to the authority of the court under sub. (2g) and s. 973.05
20(3) (a), the court may order a defendant subject to sub. (2), or a defendant subject to
21s. 973.05 (3) (a) who violated s. 346.63 (2), 940.09 (1), or 940.25, to visit a site that
22demonstrates the adverse effects of substance abuse or of operating a vehicle while
23under the influence of an intoxicant or other drug, including an alcoholism treatment
24facility approved under s. 51.45 or an emergency room of a general hospital in lieu
25of part or all of any forfeiture imposed or
in addition to any penalty imposed. The

1court may order the defendant to pay a reasonable fee, based on the person's ability
2to pay, to offset the costs of establishing, maintaining, and monitoring the visits
3ordered under this subsection. The court may order a visit to the site only if agreed
4to by the person responsible for the site. If the opportunities available to visit sites
5under this subsection are fewer than the number of defendants eligible for a visit,
6the court shall, when making an order under this subsection, give preference to
7defendants who were under 21 years of age at the time of the offense. The court shall
8ensure that the visit is monitored. A visit to a site may be ordered for a specific time
9and a specific day to allow the defendant to observe victims of vehicle accidents
10involving intoxicated drivers. If it appears to the court that the defendant has not
11complied with the court order to visit a site or to pay a reasonable fee, the court may
12order the defendant to show cause why he or she should not be held in contempt of
13court. Any organization or agency acting in good faith to which a defendant is
14assigned pursuant to an order under this subsection has immunity from any civil
15liability in excess of $25,000 for acts or omissions by or impacting on the defendant.
16The issuance or possibility of the issuance of an order under this subsection does not
17entitle an indigent defendant who is subject to sub. (2) (am) 1. to representation by
18counsel under ch. 977.
AB670, s. 32 19Section 32. 349.02 (2) (a) of the statutes is amended to read:
AB670,13,720 349.02 (2) (a) Notwithstanding sub. (1), a police officer, sheriff, deputy sheriff,
21traffic officer or motor vehicle inspector may not stop or inspect a vehicle solely to
22determine compliance with a statute or ordinance specified under par. (b) unless the
23police officer, sheriff, deputy sheriff, traffic officer, or motor vehicle inspector has
24reasonable cause to believe that a violation of a statute or ordinance specified under
25par. (b) has been committed. This paragraph does not limit the authority of a police

1officer, sheriff, deputy sheriff, traffic officer, or motor vehicle inspector to make an
2arrest or issue a citation for a violation of any statute or ordinance specified under
3par. (b) observed in the course of a stop or inspection made for a lawful purpose. This
4paragraph does not apply to a traffic officer or motor vehicle inspector in the
5performance of duties under s. 110.075 (2) or to a police officer, sheriff, deputy sheriff,
6or traffic officer in the performance of duties under rules promulgated under s.
7165.85 (4r)
.
AB670, s. 33 8Section 33. 753.19 of the statutes is amended to read:
AB670,13,15 9753.19 Operating costs; circuit court. The cost of operation of the circuit
10court for each county, except for the salaries of judges and court reporters provided
11to be paid by the state, and except for the cost assumed by the state under this chapter
12and chs. 40 and 230, and except as otherwise provided, shall be paid by the county.
13The county may use moneys from the appropriation under s. 20.625 (1) (q) to pay
14costs associated with prosecuting persons charged with offenses that are punishable
15under s. 346.65 (2) (am) 1.
AB670, s. 34 16Section 34. 969.01 (2) (a) of the statutes is amended to read:
AB670,13,2417 969.01 (2) (a) Release pursuant to s. 969.02 or 969.03 may be allowed in the
18discretion of the trial court after conviction and prior to sentencing or the granting
19of probation. This paragraph does not apply to a conviction for a 3rd or subsequent
20violation that is counted as a suspension, revocation, or conviction under s. 343.307,
21or under s. 940.09 (1) or 940.25 in the person's lifetime
under s. 346.63 (1) or (2) or
22940.25 or under s. 940.09, if the offense involved the use of a vehicle
, or a combination
23thereof, until after the person has been imprisoned for at least the applicable
24minimum period of imprisonment for the violation
.
AB670, s. 35 25Section 35. 972.11 (3m) of the statutes is amended to read:
AB670,14,5
1972.11 (3m) A court may not exclude evidence in any criminal action or traffic
2forfeiture action
for violation of s. 346.63 (1) or any criminal action or traffic
3forfeiture action for a violation of s. 346.63
(5), or a local ordinance in conformity with
4s. 346.63 (1) or (5), on the ground that the evidence existed or was obtained outside
5of this state.
AB670, s. 36 6Section 36. 973.15 (8) (a) 3. of the statutes is amended to read:
AB670,14,137 973.15 (8) (a) 3. For not more than 60 days, except that the court may not stay
8execution of a person's sentence of imprisonment or to the intensive sanctions
9program under this subdivision if the sentence is for a 3rd or subsequent violation
10that is counted as a suspension, revocation, or conviction under s. 343.307, or a
11violation of s. 940.09 (1) or 940.25 in the person's lifetime,
a conviction under s. 346.63
12(1) or (2) or 940.25 or under s. 940.09, if the offense involved the use of a vehicle,
or
13a combination thereof.
AB670, s. 37 14Section 37. 977.02 (2g) of the statutes is created to read:
AB670,14,1715 977.02 (2g) From the appropriation under s. 20.550 (1) (q), provide legal
16services in cases involving persons charged with offenses that are punishable under
17s. 346.65 (2) (am) 1.
AB670, s. 38 18Section 38. 978.05 (1p) of the statutes is created to read:
AB670,14,2219 978.05 (1p) Intoxicated and drugged driving actions. The district attorney
20of any prosecutorial unit shall use funds from the appropriation under s. 20.475 (1)
21(q) to prosecute persons charged with offenses that are punishable under s. 346.65
22(2) (am) 1.
AB670, s. 39 23Section 39 . Nonstatutory provisions.
AB670,15,1024 (1) District attorneys. The department of administration shall prepare a
25budget request for the 2013-15 fiscal biennium for allocation of funds deposited into

1the trust fund under section 25.975 of the statutes. The budget request shall include
2a proposed number of created assistant district attorney positions necessary to
3prosecute first offenses related to operating a motor vehicle while under the
4influence of an intoxicant, a controlled substance, a controlled substance analog or
5any combination of an intoxicant, a controlled substance and a controlled substance
6analog, under the influence of any other drug to a degree which renders him or her
7incapable of safely driving, or under the combined influence of an intoxicant and any
8other drug to a degree which renders him or her incapable of safely driving or
9operating a motor vehicle with a prohibited alcohol concentration or a detectable
10amount of a restricted controlled substance in his or her blood.
AB670,15,2211 (2) Public defenders. The public defender board shall prepare a budget
12request for the 2013-15 fiscal biennium for allocation of funds deposited into the
13trust fund under section 25.975 of the statutes. The budget request shall include a
14proposed number of created positions necessary to provide criminal defense services
15for first offenses related to operating a motor vehicle while under the influence of an
16intoxicant, a controlled substance, a controlled substance analog or any combination
17of an intoxicant, a controlled substance and a controlled substance analog, under the
18influence of any other drug to a degree which renders him or her incapable of safely
19driving, or under the combined influence of an intoxicant and any other drug to a
20degree which renders him or her incapable of safely driving or operating a motor
21vehicle with a prohibited alcohol concentration or a detectable amount of a restricted
22controlled substance in his or her blood.
AB670,16,923 (3) State circuit courts. The director of state courts shall prepare a budget
24request for the 2013-15 fiscal biennium for allocation of funds deposited into the
25trust fund under section 25.975 of the statutes. The budget request shall include a

1proposed number of created positions and circuit court branches necessary to process
2first offenses related to operating a motor vehicle while under the influence of an
3intoxicant, a controlled substance, a controlled substance analog or any combination
4of an intoxicant, a controlled substance and a controlled substance analog, under the
5influence of any other drug to a degree which renders him or her incapable of safely
6driving, or under the combined influence of an intoxicant and any other drug to a
7degree which renders him or her incapable of safely driving or operating a motor
8vehicle with a prohibited alcohol concentration or a detectable amount of a restricted
9controlled substance in his or her blood.
AB670,17,210 (4) Counties. The department of administration shall prepare a budget request
11for the 2013-15 fiscal biennium for allocation of funds deposited into the trust fund
12under section 25.975 of the statutes. Each county shall submit to the department of
13administration, by July 1, 2012, an estimate of costs for the 2013-15 fiscal biennium
14related to prosecuting and defending in circuit court, and imprisoning, persons
15charged with and convicted of first offenses related to operating a motor vehicle while
16under the influence of an intoxicant, a controlled substance, a controlled substance
17analog or any combination of an intoxicant, a controlled substance and a controlled
18substance analog, under the influence of any other drug to a degree which renders
19him or her incapable of safely driving, or under the combined influence of an
20intoxicant and any other drug to a degree which renders him or her incapable of
21safely driving or operating a motor vehicle with a prohibited alcohol concentration
22or a detectable amount of a restricted controlled substance in his or her blood. The
23budget request prepared by the department of administration shall include the costs
24set forth by the counties and shall request how the funds into the trust fund under

1section 25.975 of the statutes shall be distributed, on an equitable basis, among the
2counties.
AB670,17,163 (5) Health services. The department of health services shall prepare a budget
4request for the 2013-2015 fiscal biennium for allocation of funds deposited into the
5trust fund under section 25.975 of the statutes. The department shall submit to the
6department of administration, by July 1, 2012, an estimate of costs for the 2013-15
7fiscal biennium related to providing alcohol and drug abuse treatment services to
8persons charged with and convicted of first offenses related to operating a motor
9vehicle while under the influence of an intoxicant, a controlled substance, a
10controlled substance analog or any combination of an intoxicant, a controlled
11substance and a controlled substance analog, under the influence of any other drug
12to a degree which renders him or her incapable of safely driving, or under the
13combined influence of an intoxicant and any other drug to a degree which renders
14him or her incapable of safely driving or operating a motor vehicle with a prohibited
15alcohol concentration or a detectable amount of a restricted controlled substance in
16his or her blood.
AB670, s. 40 17Section 40. Initial applicability.
AB670,17,2118 (1) This act first applies to violations committed on the effective date of this
19subsection but does not preclude the counting of other convictions, suspensions, or
20revocations as prior convictions, suspensions, or revocations for purposes of
21administrative action by the department of transportation or sentencing by a court.
AB670, s. 41 22Section 41. Effective dates. This act takes effect on first day of the 3rd
23month beginning after publication, except as follows:
AB670,17,2424 (1) Section 39 of this act takes effect on the day after publication.
AB670,18,5
1(2) The treatment of sections 16.185, 20.435 (5) (q), 20.475 (1) (q), 20.505 (6) (q),
220.550 (1) (q), 20.625 (1) (q), 25.975, 46.03 (45), 139.27, 302.372 (2) (a) (intro), 345.20
3(2) (c), 346.65 (2) (am) 1. and (f) 1. and 2., (2c), (2e), (2g) (a), (ag), (am), and (d), and
4(2i), 753.19, 972.11 (3m), 973.09 (1) (d) 1., 977.02 (2g), and 978.05 (1p) of the statutes
5takes effect on July 1, 2013.
AB670,18,66 (End)
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