2013 - 2014 LEGISLATURE
March 4, 2013 - Introduced by Senators Darling and Leibham, cosponsored by
Representatives J. Ott, Stone, Bies, T. Larson and Nass. Referred to
Committee on Transportation, Public Safety, and Veterans and Military
Affairs.
SB56,1,6 1An Act to repeal 346.65 (3p) and 346.65 (3r); to amend 346.65 (2) (bm), 346.65
2(2) (cm), 346.65 (2) (dm), 346.65 (2j) (bm), 346.65 (2j) (cm), 346.65 (2j) (cr) and
3973.11 (1) (intro.); to repeal and recreate 346.65 (3m); and to create 346.65
4(3n) and 940.25 (1g) of the statutes; relating to: requiring a mandatory
5minimum sentence for causing bodily harm to another while driving while
6intoxicated and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, no person may cause injury to another person by the
operation of a vehicle while under the influence of an intoxicant, a controlled
substance, or a controlled substance analog or any combination thereof, with a
prohibited alcohol concentration, or with a detectable amount of a restricted
controlled substance in his or her blood (OWI-related injury). A person who does so
is generally 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 in the county jail, or
both.
Under current law, if a person causes an OWI-related injury with a minor
passenger in his or her vehicle, the person is guilty of a felony and the applicable fine
and jail sentence are doubled. Current law offers a first offender an opportunity to
receive a shorter jail sentence if he or she completes a period of probation that
includes successful completion of alcohol or drug counseling.

Under current law, if the person has committed a prior OWI-related offense,
causing an OWI-related injury is a Class H felony, and the person may be fined up
to $10,000, imprisoned for up to six years, or both. Current law doubles the
applicable maximum fine and term of imprisonment for these offenses if the person
has a passenger who is under the age 16 in his or her vehicle at the time of the offense.
If a person causes an OWI-related injury that results in great bodily harm to another
person or to an unborn child, the person is guilty of a Class F felony, and may be fined
up to $25,000, imprisoned for 12 years and six months, or both.
Current law requires a person who is sentenced to prison for a felony to serve
a bifurcated sentence, with a portion of the term of imprisonment to be served
confined in prison, and the remainder to be served under supervision in the
community.
Under this bill, if a person causes an OWI-related injury and the injured person
suffers bodily harm, the offender who caused the OWI-related injury must serve at
least six months in jail. If the injured person suffers substantial bodily harm, the
offender is guilty of a Class H felony and must serve at least two years confined in
prison, and if the injured person suffers great bodily harm, the offender is guilty of
a Class F felony and must serve at least three years confined in prison.
Under the bill, a person with a prior OWI-related offense is guilty of a Class H
felony and must serve a minimum of one year confined in prison if the OWI-related
injury causes bodily harm, and a minimum of three years confined in prison if the
OWI-related injury causes substantial bodily harm.
Under the bill, if the injured party was a passenger in the person's car, a court
may sentence the person to less than the minimum if the court finds that the best
interests of the community will be served and that the public will not be harmed. If
the court sentences a person to less than the minimum, the bill requires the court to
put its findings in writing. The bill eliminates the doubling provisions for causing
an OWI-related injury that results in bodily harm or substantial bodily harm and
eliminates the opportunity for a reduced sentence in exchange for completing a
period of probation that includes drug or alcohol treatment.
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:
SB56,1 1Section 1. 346.65 (2) (bm) of the statutes is amended to read:
SB56,3,102 346.65 (2) (bm) In any county that opts to offer a reduced minimum period of
3imprisonment for the successful completion of a probation period that includes

1alcohol and other drug treatment, if the number of convictions under ss. 940.09 (1)
2and 940.25 in the person's lifetime, plus the total number of suspensions,
3revocations, and other convictions counted under s. 343.307 (1) within a 10-year
4period, equals 2, except that suspensions, revocations, or convictions arising out of
5the same incident or occurrence shall be counted as one, the fine shall be the same
6as under par. (am) 2., but the period of imprisonment shall be not less than 5 days,
7except that if the person successfully completes a period of probation that includes
8alcohol and other drug treatment, the period of imprisonment shall be not less than
95 nor more than 7 days. A person may be sentenced under this paragraph or under
10par. (cm) or (dm) or sub. (2j) (bm), (cm), or (cr) or (3r) once in his or her lifetime.
SB56,2 11Section 2. 346.65 (2) (cm) of the statutes is amended to read:
SB56,3,2312 346.65 (2) (cm) In any county that opts to offer a reduced minimum period of
13imprisonment for the successful completion of a probation period that includes
14alcohol and other drug treatment, if the number of convictions under ss. 940.09 (1)
15and 940.25 in the person's lifetime, plus the total number of suspensions,
16revocations, and other convictions counted under s. 343.307 (1) equals 3, except that
17suspensions, revocations, or convictions arising out of the same incident or
18occurrence shall be counted as one, the fine shall be the same as under par. (am) 3.,
19but the period of imprisonment shall be not less than 45 days, except that if the
20person successfully completes a period of probation that includes alcohol and other
21drug treatment, the period of imprisonment shall be not less than 14 days. A person
22may be sentenced under this paragraph or under par. (bm) or (dm) or sub. (2j) (bm),
23(cm), or (cr) or (3r) once in his or her lifetime.
SB56,3 24Section 3. 346.65 (2) (dm) of the statutes is amended to read:
SB56,4,12
1346.65 (2) (dm) In any county that opts to offer a reduced minimum period of
2imprisonment for the successful completion of a probation period that includes
3alcohol and other drug treatment, if the number of convictions under ss. 940.09 (1)
4and 940.25 in the person's lifetime, plus the total number of suspensions,
5revocations, and other convictions counted under s. 343.307 (1) equals 4, and par.
6(am) 4m. does not apply, except that suspensions, revocations, or convictions arising
7out of the same incident or occurrence shall be counted as one, the fine shall be the
8same as under par. (am) 4., but the period of imprisonment shall be not less than 60
9days, except that if the person successfully completes a period of probation that
10includes alcohol and other drug treatment, the period of imprisonment shall be not
11less than 29 days. A person may be sentenced under this paragraph or under par.
12(bm) or (cm) or sub. (2j) (bm), (cm), or (cr) or (3r) once in his or her lifetime.
SB56,4 13Section 4. 346.65 (2j) (bm) of the statutes is amended to read:
SB56,4,2514 346.65 (2j) (bm) In any county that opts to offer a reduced minimum period of
15imprisonment for the successful completion of a probation period that includes
16alcohol and other drug treatment, if the number of convictions under ss. 940.09 (1)
17and 940.25 in the person's lifetime, plus the total number of suspensions,
18revocations, and other convictions counted under s. 343.307 (1) within a 10-year
19period, equals 2, except that suspensions, revocations, or convictions arising out of
20the same incident or occurrence shall be counted as one, the fine shall be the same
21as under par. (am) 2., but the period of imprisonment shall be not less than 5 days,
22except that if the person successfully completes a period of probation that includes
23alcohol and other drug treatment, the period of imprisonment shall be not less than
245 nor more than 7 days. A person may be sentenced under this paragraph or under
25par. (cm) or (cr) or sub. (2) (bm), (cm), or (dm) or (3r) once in his or her lifetime.
SB56,5
1Section 5. 346.65 (2j) (cm) of the statutes is amended to read:
SB56,5,132 346.65 (2j) (cm) In any county that opts to offer a reduced minimum period of
3imprisonment for the successful completion of a probation period that includes
4alcohol and other drug treatment, if the number of convictions under ss. 940.09 (1)
5and 940.25 in the person's lifetime, plus the total number of suspensions,
6revocations, and other convictions counted under s. 343.307 (1) equals 3, except that
7suspensions, revocations, or convictions arising out of the same incident or
8occurrence shall be counted as one, the fine shall be the same as under par. (am) 3.,
9but the period of imprisonment shall be not less than 45 days, except that if the
10person successfully completes a period of probation that includes alcohol and other
11drug treatment, the period of imprisonment shall be not less than 14 days. A person
12may be sentenced under this paragraph or under par. (bm) or (cr) or sub. (2) (bm),
13(cm), or (dm) or (3r) once in his or her lifetime.
SB56,6 14Section 6. 346.65 (2j) (cr) of the statutes is amended to read:
SB56,6,215 346.65 (2j) (cr) In any county that opts to offer a reduced minimum period of
16imprisonment for the successful completion of a probation period that includes
17alcohol and other drug treatment, if the number of convictions under ss. 940.09 (1)
18and 940.25 in the person's lifetime, plus the total number of suspensions,
19revocations, and other convictions counted under s. 343.307 (1) equals 4, and sub. (2)
20(am) 4m. does not apply, except that suspensions, revocations, or convictions arising
21out of the same incident or occurrence shall be counted as one, the fine shall be the
22same as under par. (am) 3., but the period of imprisonment shall be not less than 60
23days, except that if the person successfully completes a period of probation that
24includes alcohol and other drug treatment, the period of imprisonment shall be not

1less than 29 days. A person may be sentenced under this paragraph or under par.
2(bm) or (cm) or sub. (2) (bm), (cm), or (dm) or (3r) once in his or her lifetime.
SB56,7 3Section 7. 346.65 (3m) of the statutes is repealed and recreated to read:
SB56,6,44 346.65 (3m) Any person violating s. 346.63 (2) or (6):
SB56,6,85 (a) 1. Except as provided in subd. 2. and sub. (3n), if the violation results in
6bodily harm, as defined in s. 939.22 (4), to another, shall be fined not less than $300
7nor more than $2,000 and shall be imprisoned for not less than six months nor more
8than one year in the county jail.
SB56,6,149 2. Is guilty of a Class H felony if the violation results in bodily harm, as defined
10in s. 939.22 (4), to another, and the person has one or more prior convictions,
11suspensions, or revocations, as counted under s. 343.307 (1). Except as provided in
12sub. (3n), the sentencing court shall impose a bifurcated sentence under s. 973.01 and
13the confinement in prison portion of the bifurcated sentence shall be not less than
14one year.
SB56,6,1915 (b) 1. Except as provided in subd. 2., if the violation results in substantial bodily
16harm, as defined in s. 939.22 (38), to another, is guilty of a Class H felony. Except
17as provided in sub. (3n), the sentencing court shall impose a bifurcated sentence
18under s. 973.01 and the confinement in prison portion of the bifurcated sentence
19shall be not less than 2 years.
SB56,6,2520 2. Is guilty of a Class H felony if the violation results in substantial bodily harm,
21as defined in s. 939.22 (38), to another and the person has one or more prior
22convictions, suspensions, or revocations, as counted under s. 343.307 (1). Except as
23provided in sub. (3n), the sentencing court shall impose a bifurcated sentence under
24s. 973.01 and the confinement in prison portion of the bifurcated sentence shall be
25not less than 3 years.
SB56,8
1Section 8. 346.65 (3n) of the statutes is created to read:
SB56,7,62 346.65 (3n) When sentencing a person under sub. (3m), if the person injured
3was in the vehicle operated by the convicted person at the time of the violation, the
4court may impose a sentence that is less than the sentence required under sub. (3m)
5if the court finds that the best interests of the community will be served and the
6public will not be harmed, and if the court places its reasons on the record.
SB56,9 7Section 9. 346.65 (3p) of the statutes is repealed.
SB56,10 8Section 10. 346.65 (3r) of the statutes is repealed.
SB56,11 9Section 11. 940.25 (1g) of the statutes is created to read:
SB56,7,1310 940.25 (1g) (a) Except as provided in par. (b), upon conviction for a violation
11of sub. (1), the sentencing court shall impose a bifurcated sentence under s. 973.01
12and the confinement in prison portion of the bifurcated sentence shall be not less
13than 3 years.
SB56,7,1814 (b) When sentencing a person under par. (a), if the person injured was in the
15vehicle operated by the convicted person at the time of the violation, the court may
16impose a sentence that is less than the sentence required under sub. (3m) if the court
17finds that the best interests of the community will be served and the public will not
18be harmed, and if the court places its reasons on the record.
SB56,12 19Section 12. 973.11 (1) (intro.) of the statutes is amended to read:
SB56,8,820 973.11 (1) Placements. (intro.) If a person is convicted of or pleads guilty or
21no contest to one or more misdemeanors for which either mandatory periods of
22imprisonment are not required or the person is sentenced under s. 346.65 (2) (bm)
23or (cm), or (2j) (bm) or (cm), or (3r), if the chief judge of the judicial administrative
24district has approved a volunteers in probation program established in the
25applicable county, and if the court decides that volunteer supervision under the

1program will likely benefit the person and the community and subject to the
2limitations under sub. (3), the court may withhold sentence or judgment of conviction
3and order that the person be placed with that volunteers in probation program. A
4person's participation in the program may not be used to conceal, withhold, or mask
5information regarding the judgment of conviction if the conviction is required to be
6included in a record kept under s. 343.23 (2) (a). Except as provided in sub. (3), the
7order shall provide any conditions that the court determines are reasonable and
8appropriate and may include, but need not be limited to, one or more of the following:
SB56,13 9Section 13. Initial applicability.
SB56,8,1310 (1) This act first applies to violations committed on the effective date of this
11subsection, but does not preclude the counting of other violations as prior violations
12for purposes of administrative action by the department of transportation or
13sentencing by a court.
SB56,8,1414 (End)
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