LRB-1907/2
RPN&EVM:sac:rs
2013 - 2014 LEGISLATURE
October 28, 2013 - Introduced by Representatives J. Ott, Richards, Thiesfeldt,
Kolste, Nass, Brooks, Berceau, Zepnick and Kerkman, cosponsored by
Senators Cowles, L. Taylor and Lehman. Referred to Committee on Judiciary.
AB467,1,3 1An Act to amend 343.301 (2m), 347.413 (1) and 347.50 (1t) of the statutes;
2relating to: court orders regarding the installation of an ignition interlock
3device.
Analysis by the Legislative Reference Bureau
Under current law, a court is required to order that a person's motor vehicle
operating privilege be restricted to operating vehicles that are equipped with an
ignition interlock device if a person commits a second or subsequent offense related
to operating a vehicle while intoxicated or a first offense while his or her alcohol
concentration is 0.15 or greater, refuses to take a test for intoxication, or injures or
kills a person while operating a vehicle while intoxicated. Under current law, the
operating privilege restriction begins on the date the Department of Transportation
issues an operator's license and stays in place for not less than one year nor more
than the maximum operating privilege revocation period permitted for the refusal
or violation. A person who violates the operating privilege restriction by failing to
install, removing, disconnecting, or otherwise tampering with the ignition interlock
device may be fined not less than $150 nor more than $600, imprisoned for not more
than six months, or both, for the first offense, and may be fined not less than $300
nor more than $1,000, or imprisoned for not more than six months, or both, for a
second or subsequent offense.
Currently, the court may order that the ignition interlock device be installed
immediately upon issuing the order that the person's operating privilege be
restricted to operating a vehicle with an ignition interlock device installed.

Under this bill, when a court orders that the person's operating privilege be
restricted to operating a vehicle with an ignition interlock device, the court must
order that the device be installed within 3 working days of the order restricting the
person's operating privilege. Also under this bill, the operating privilege restriction
takes effect immediately upon the issuing of the order restricting the person's
operating privilege. The operating privilege restriction remains in place for not less
than one year after DOT issues an operator's license nor more than the maximum
operating privilege revocation period after DOT issues an operator's license. A
violation of the operating privilege restriction is subject to the same penalty provided
for failing to install, removing, disconnecting, or otherwise tampering with the
ignition interlock device.
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:
AB467,1 1Section 1. 343.301 (2m) of the statutes is amended to read:
AB467,2,132 343.301 (2m) The court shall restrict the operating privilege under sub. (1g)
3beginning on the date the order under sub. (1g) is issued and extending for a period
4of not less than one year after the date the department issues any license granted
5under this chapter
nor more than the maximum operating privilege revocation
6period permitted for the refusal or violation, beginning on the date the department
7issues any license granted under this chapter,
after the date the department issues
8any license granted under this chapter
except that if the maximum operating
9privilege revocation period is less than one year, the court shall restrict the operating
10privilege under sub. (1g) for a period of one year after the date the department issues
11any license granted under this chapter
. The court may shall order the installation
12of
that an ignition interlock device under sub. (1g) immediately upon be installed
13within 3 working days after
issuing an order under sub. (1g).
AB467,2
1Section 2. 347.413 (1) of the statutes is amended to read:
AB467,3,102 347.413 (1) No person may remove, disconnect, tamper with, or otherwise
3circumvent the operation of an ignition interlock device installed in response to the
4court order under s. 346.65 (6), 1999 stats., or s. 343.301 (1), 2007 stats., or s. 343.301
5(1g), or fail to have the ignition interlock device installed as ordered by the court, or
6violate a court order under s. 343.301 (1g) restricting the person's operating
7privilege
. This subsection does not apply to the removal of an ignition interlock
8device upon the expiration of the order requiring the motor vehicle to be so equipped
9or to necessary repairs to a malfunctioning ignition interlock device by a person
10authorized by the department.
AB467,3 11Section 3. 347.50 (1t) of the statutes is amended to read:
AB467,3,1512 347.50 (1t) In addition to the penalty under sub. (1s), if a person who is subject
13to an order under s. 343.301 violates s. 347.413, the court shall extend the order
14restricting the person's operating privilege under s. 343.301 (1g) or (2m) for 6 months
15for each violation.
AB467,4 16Section 4. Initial applicability.
AB467,3,1817 (1) This act first applies to a court order issued on the effective date of this
18subsection.
AB467,3,1919 (End)
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