LRB-2234/2
EVM:kjf:ph
2013 - 2014 LEGISLATURE
April 29, 2013 - Introduced by Representatives J. Ott and Richards, cosponsored
by Senator Darling. Referred to Committee on Judiciary.
AB180,1,4 1An Act to amend 23.33 (4p) (b) 4., 30.684 (2) (d), 343.305 (5) (b), 346.65 (2) (am)
26., 346.65 (2) (am) 7., 346.65 (3m) and 350.104 (2) (d) of the statutes; relating
3to:
penalties and testing for operating-while-intoxicated offenses and
4providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, a person who commits a seventh, eighth, or ninth offense
related to drunken driving or driving under the influence of an intoxicant or other
drug (OWI) is guilty of a Class G felony. The penalty for a Class G felony is a fine not
to exceed $25,000 or imprisonment not to exceed ten years, or both. The confinement
portion of a bifurcated sentence imposed on a person convicted of a seventh, eighth,
or ninth OWI may not be less than three years. A person who commits a tenth or
subsequent OWI is guilty of a Class F felony. The penalty for a Class F felony is a
fine not to exceed $25,000 or imprisonment not to exceed 12 years and 6 months, or
both. The confinement portion of a bifurcated sentence imposed on a person
convicted of a tenth or subsequent OWI may not be less than four years.
This bill specifies that a person who is convicted of a seventh, eighth, or ninth
OWI must be given a bifurcated sentence and that the confinement portion of the
sentence may not be less than three years and that a person who is convicted of a
tenth or subsequent OWI must be given a bifurcated sentence and that the
confinement portion of the sentence may not be less than four years.
Current law specifies that a person who is convicted of causing injury to another
while committing an OWI or while operating a commercial motor vehicle while the

person has an alcohol concentration of 0.04 or more but less than 0.08 must be fined
not less than $300 nor more than $2,000 and may be imprisoned for not less than 30
days nor more than one year in the county jail. This bill specifies that the convicted
person must be imprisoned for not less than 30 days nor more than one year.
Current law also specifies that a blood draw for alcohol or other controlled
substance testing may be performed only by a physician, registered nurse, medical
technologist, physician assistant, or person acting under the direction of a physician.
This bill adds phlebotomists and other medical professionals who are authorized to
draw blood to the list of persons who may perform a blood draw.
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.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB180,1 1Section 1. 23.33 (4p) (b) 4. of the statutes is amended to read:
AB180,2,132 23.33 (4p) (b) 4. `Validity; procedure.' A chemical test of blood or urine
3conducted for the purpose of authorized analysis is valid as provided under s. 343.305
4(6). The duties and responsibilities of the laboratory of hygiene, department of
5health services and department of transportation under s. 343.305 (6) apply to a
6chemical test of blood or urine conducted for the purpose of authorized analysis
7under this subsection. Blood may be withdrawn from a person arrested for a
8violation of the intoxicated operation of an all-terrain vehicle or utility terrain
9vehicle law only by a physician, registered nurse, medical technologist, physician
10assistant, phlebotomist, or other medical professional who is authorized to draw
11blood,
or person acting under the direction of a physician and the person who
12withdraws the blood, the employer of that person and any hospital where blood is
13withdrawn have immunity from civil or criminal liability as provided under s. 895.53
AB180,2 14Section 2. 30.684 (2) (d) of the statutes is amended to read:
AB180,3,12
130.684 (2) (d) Validity; procedure. A chemical test of blood or urine conducted
2for the purpose of authorized analysis is valid as provided under s. 343.305 (6). The
3duties and responsibilities of the laboratory of hygiene, department of health
4services and department of transportation under s. 343.305 (6) apply to a chemical
5test of blood or urine conducted for the purpose of authorized analysis under this
6section. Blood may be withdrawn from a person arrested for a violation of the
7intoxicated boating law only by a physician, registered nurse, medical technologist,
8physician assistant, phlebotomist, or other medical professional who is authorized
9to draw blood,
or person acting under the direction of a physician and the person who
10withdraws the blood, the employer of that person and any hospital where blood is
11withdrawn have immunity from civil or criminal liability as provided under s.
12895.53.
AB180,3 13Section 3. 343.305 (5) (b) of the statutes is amended to read:
AB180,3,2214 343.305 (5) (b) Blood may be withdrawn from the person arrested for violation
15of s. 346.63 (1), (2), (2m), (5), or (6) or 940.25, or s. 940.09 where the offense involved
16the use of a vehicle, or a local ordinance in conformity with s. 346.63 (1), (2m), or (5),
17or as provided in sub. (3) (am) or (b) to determine the presence or quantity of alcohol,
18a controlled substance, a controlled substance analog, or any other drug, or any
19combination of alcohol, controlled substance, controlled substance analog, and any
20other drug in the blood only by a physician, registered nurse, medical technologist,
21physician assistant, phlebotomist, or other medical professional who is authorized
22to draw blood,
or person acting under the direction of a physician.
AB180,4 23Section 4. 346.65 (2) (am) 6. of the statutes is amended to read:
AB180,4,624 346.65 (2) (am) 6. Except as provided in par. (f), is guilty of a Class G felony if
25the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime,

1plus the total number of suspensions, revocations, and other convictions counted
2under s. 343.307 (1), equals 7, 8, or 9, except that suspensions, revocations, or
3convictions arising out of the same incident or occurrence shall be counted as one.
4The court shall impose a bifurcated sentence under s. 973.01 and the confinement
5portion of a the bifurcated sentence imposed on the person under s. 973.01 shall be
6not less than 3 years.
AB180,5 7Section 5. 346.65 (2) (am) 7. of the statutes is amended to read:
AB180,4,158 346.65 (2) (am) 7. Except as provided in par. (f), is guilty of a Class F felony if
9the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime,
10plus the total number of suspensions, revocations, and other convictions counted
11under s. 343.307 (1), equals 10 or more except that suspensions, revocations, or
12convictions arising out of the same incident or occurrence shall be counted as one.
13The court shall impose a bifurcated sentence under s. 973.01 and the confinement
14portion of a the bifurcated sentence imposed on the person under s. 973.01 shall be
15not less than 4 years.
AB180,6 16Section 6. 346.65 (3m) of the statutes is amended to read:
AB180,4,2417 346.65 (3m) Except as provided in sub. (3p) or (3r), any person violating s.
18346.63 (2) or (6) shall be fined not less than $300 nor more than $2,000 and may shall
19be imprisoned for not less than 30 days nor more than one year in the county jail.
20If there was a minor passenger under 16 years of age in the motor vehicle at the time
21of the violation that gave rise to the conviction under s. 346.63 (2) or (6), the offense
22is a felony, the applicable minimum and maximum fines or periods of imprisonment
23for the conviction are doubled and the place of imprisonment shall be determined
24under s. 973.02.
AB180,7 25Section 7. 350.104 (2) (d) of the statutes is amended to read:
AB180,5,12
1350.104 (2) (d) Validity; procedure. A chemical test of blood or urine conducted
2for the purpose of authorized analysis is valid as provided under s. 343.305 (6). The
3duties and responsibilities of the laboratory of hygiene, department of health
4services and department of transportation under s. 343.305 (6) apply to a chemical
5test of blood or urine conducted for the purpose of authorized analysis under this
6section. Blood may be withdrawn from a person arrested for a violation of the
7intoxicated snowmobiling law only by a physician, registered nurse, medical
8technologist, physician assistant, phlebotomist, or other medical professional who is
9authorized to draw blood,
or person acting under the direction of a physician and the
10person who withdraws the blood, the employer of that person and any hospital where
11blood is withdrawn have immunity from civil or criminal liability as provided under
12s. 895.53
AB180,8 13Section 8. Initial applicability.
AB180,5,1914 (1) The treatment of section 346.65 (2) (am) 6. and 7. and (3m) of the statutes
15first applies to violations committed or refusals occurring on the effective date of this
16subsection, but does not preclude the counting of other convictions, suspensions, or
17revocations as prior convictions, suspensions, or revocations for purposes of
18administrative action by the department of transportation, sentencing by a court, or
19revocation or suspension of motor vehicle operating privileges.
AB180,5,2020 (End)
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