1995 Wisconsin Act 448

448,357 Section 357 . 343.305 (9) (am) 5. c. of the statutes is amended to read:

343.305 (9) (am) 5. c. Whether the person refused to permit the test. The person shall not be considered to have refused the test if it is shown by a preponderance of evidence that the refusal was due to a physical inability to submit to the test due to a physical disability or disease unrelated to the use of alcohol, controlled substances, controlled substance analogs or other drugs.

448,358 Section 358 . 343.305 (10) (c) 1. (intro.) of the statutes is amended to read:

343.305 (10) (c) 1. (intro.) Except as provided in subd. 1. a. or b., 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 or, controlled substances or controlled substance analogs and development of a driver safety plan for the person. The court shall notify the person and the department of transportation of the assessment order. The court shall also notify the person that noncompliance with assessment or the driver safety plan will result in license suspension until the person is in compliance. The assessment order shall:

448,359 Section 359 . 343.305 (10) (d) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

343.305 (10) (d) The assessment report shall order compliance with a driver safety plan. The report shall inform the person of the fee provisions under s. 46.03 (18) (f). The driver safety plan may include a component that makes the person aware of the effect of his or her offense on a victim and a victim's family. The driver safety plan may include treatment for the person's misuse, abuse or dependence on alcohol or, controlled substances or controlled substance analogs, attendance at a school under s. 345.60, or both. If the plan requires inpatient treatment, the treatment shall not exceed 30 days. A driver safety plan under this paragraph shall include a termination date consistent with the plan which shall not extend beyond one year. The county department under s. 51.42 shall assure notification of the department of transportation and the person of the person's compliance or noncompliance with assessment and treatment. The school under s. 345.60 shall notify the department, the county department under s. 51.42 and the person of the person's compliance or noncompliance with the requirements of the school. Nonpayment of the assessment fee or, if the person has the ability to pay, nonpayment of the driver safety plan fee is noncompliance with the court order. If the department is notified of noncompliance, it shall suspend the person's operating privilege until the county department under s. 51.42 or the school under s. 345.60 notifies the department that the person is in compliance with assessment or the driver safety plan. The department shall notify the person of the suspension, the reason for the suspension and the person's right to a review. A person may request a review of a suspension based upon failure to comply with a driver safety plan within 10 days of notification. The review shall be handled by the subunit of the department of transportation designated by the secretary. The issues at the review are limited to whether the driver safety plan, if challenged, is appropriate and whether the person is in compliance with the assessment order or the driver safety plan. The review shall be conducted within 10 days after a request is received. If the driver safety plan is determined to be inappropriate, the department shall order a reassessment and if the person is otherwise eligible, the department shall reinstate the person's operating privilege. If the person is determined to be in compliance with the assessment or driver safety plan, and if the person is otherwise eligible, the department shall reinstate the person's operating privilege. If there is no decision within the 10-day period, the department shall issue an order reinstating the person's operating privilege until the review is completed, unless the delay is at the request of the person seeking the review.

448,360 Section 360 . 343.307 (1) (d) of the statutes is amended to read:

343.307 (1) (d) Convictions under the law of another jurisdiction that prohibits refusal of chemical testing or use of a motor vehicle while intoxicated or under the influence of a controlled substance or controlled substance analog, or a combination thereof, or with an excess or specified range of alcohol concentration, or under the influence of any drug to a degree that renders the person incapable of safely driving, as those or substantially similar terms are used in that jurisdiction's laws.

448,361 Section 361 . 343.307 (2) (e) of the statutes is amended to read:

343.307 (2) (e) Convictions under the law of another jurisdiction that prohibits refusal of chemical testing or use of a motor vehicle while intoxicated or under the influence of a controlled substance or controlled substance analog, or a combination thereof, or with an excess or specified range of alcohol concentration, or under the influence of any drug to a degree that renders the person incapable of safely driving, as those or substantially similar terms are used in that jurisdiction's laws.

448,362 Section 362 . 343.31 (1) (am) of the statutes is amended to read:

343.31 (1) (am) Injury by the operation of a vehicle while under the influence of an intoxicant or, a controlled substance or a controlled substance analog, or any combination of an intoxicant and, a controlled substance and a controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving or while the person has a prohibited alcohol concentration and which is criminal under s. 346.63 (2).

448,363 Section 363 . 343.31 (1) (b) of the statutes is amended to read:

343.31 (1) (b) Upon the 2nd or any subsequent conviction for operation of a motor vehicle while under the influence of an intoxicant or, controlled substance, controlled substance analog or a combination thereof, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving, in accordance with the order of the court. This paragraph does not apply to a law of a federally recognized American Indian tribe or band in this state.

448,364 Section 364 . 343.31 (2) of the statutes is amended to read:

343.31 (2) The department shall revoke or suspend, respectively, the operating privilege of any resident upon receiving notice of the conviction of such person in another jurisdiction for an offense therein which, if committed in this state, would have been cause for revocation or suspension under this section or under s. 343.30 (1q). Such offenses shall include violation of any law of another jurisdiction that prohibits use of a motor vehicle while intoxicated or under the influence of a controlled substance or controlled substance analog, or a combination thereof, or with an excess or specified range of alcohol concentration, or under the influence of any drug to a degree that renders the person incapable of safely driving, as those or substantially similar terms are used in that jurisdiction's laws. Upon receiving similar notice with respect to a nonresident, the department shall revoke or suspend, respectively, the privilege of the nonresident to operate a motor vehicle in this state. Such suspension or revocation shall not apply to the operation of a commercial motor vehicle by a nonresident who holds a valid commercial driver license issued by another state.

448,365 Section 365 . 343.31 (3) (b) of the statutes is amended to read:

343.31 (3) (b) If the suspension results from a first conviction of operation of a motor vehicle while under the influence of an intoxicant or, controlled substance, controlled substance analog or a combination thereof, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving and the conviction occurs in another jurisdiction, the period of suspension shall be 6 months.

448,366 Section 366 . 343.315 (2) (a) 1. of the statutes is amended to read:

343.315 (2) (a) 1. Section 346.63 (1) (a) or a local ordinance in conformity therewith or a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63 (1) (a) or the law of another jurisdiction prohibiting driving or operating a motor vehicle while intoxicated or under the influence of alcohol, a controlled substance, a controlled substance analog or a combination thereof, or under the influence of any drug which renders the person incapable of safely driving, as those or substantially similar terms are used in that jurisdiction's laws.

448,367 Section 367. 343.315 (2) (a) 6. of the statutes is amended to read:

343.315 (2) (a) 6. Section 346.63 (2) or (6), 940.09 (1) or 940.25 or a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63 (2) or (6), 940.09 (1) or 940.25, or the law of another jurisdiction prohibiting causing or inflicting injury, great bodily harm or death through use of a motor vehicle while intoxicated or under the influence of alcohol, a controlled substance, a controlled substance analog or a combination thereof, or with an alcohol concentration of 0.04 or more or with an excess or specified range of alcohol concentration, or under the influence of any drug to a degree that renders the person incapable of safely driving, as those or substantially similar terms are used in that jurisdiction's laws.

448,368 Section 368 . 343.315 (2) (e) of the statutes is amended to read:

343.315 (2) (e) A person is disqualified for life from operating a commercial motor vehicle if the person uses a commercial motor vehicle on or after July 1, 1987, in the commission of a felony involving the manufacture, distribution, delivery or dispensing of a controlled substance or controlled substance analog, or possession with intent to manufacture, distribute, deliver or dispense a controlled substance or controlled substance analog. No person who is disqualified under this paragraph is eligible for reinstatement under par. (d).

448,369 Section 369 . 343.32 (1m) (b) (intro.) of the statutes is amended to read:

343.32 (1m) (b) (intro.) The secretary shall suspend or revoke a person's operating privilege for not less than 6 months nor more than 5 years whenever notice has been received of the conviction of such person under federal law or the law of a federally recognized American Indian tribe or band in this state or the law of another jurisdiction for any offense therein which, if the person had committed the offense in this state and been convicted of the offense under the laws of this state, would have required suspension or revocation of such person's operating privilege under s. 161.50 961.50. The person is eligible for an occupational license under s. 343.10 as follows:

448,370 Section 370 . 343.32 (1m) (c) of the statutes is amended to read:

343.32 (1m) (c) For purposes of counting the number of convictions under par. (b), convictions of any violation of ch. 161 961 shall be counted and given the effect specified under par. (b). The 5-year period under this subsection shall be measured from the dates of the violations which resulted in the convictions.

448,371 Section 371 . 346.63 (1) (a) of the statutes is amended to read:

346.63 (1) (a) Under the influence of an intoxicant or, a controlled substance, a controlled substance analog or a any combination of an intoxicant and, a controlled substance and a controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving; or

448,372 Section 372 . 346.63 (2) (a) 1. of the statutes is amended to read:

346.63 (2) (a) 1. Under the influence of an intoxicant or, a controlled substance, a controlled substance analog or a any combination of an intoxicant and, a controlled substance and a controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving; or

448,373 Section 373 . 346.63 (2) (b) of the statutes is amended to read:

346.63 (2) (b) In an action under this subsection, the defendant has a defense if he or she proves by a preponderance of the evidence that the injury would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant or, a controlled substance , a controlled substance analog or a combination thereof, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving or did not have a blood alcohol concentration described under par. (a) 2.

448,374 Section 374 . 346.63 (6) (c) of the statutes is amended to read:

346.63 (6) (c) Under par. (a), the person charged has a defense if it appears by a preponderance of the evidence that the injury would have occurred even if he or she had not been under the influence of an intoxicant or, a controlled substance, a controlled substance analog or a combination thereof, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving or did not have an alcohol concentration described under par. (a).

448,375 Section 375 . 346.637 (1) of the statutes is amended to read:

346.637 (1) The laws relating to operating a motor vehicle and drinking alcohol or, using controlled substances or controlled substance analogs, or both using any combination of alcohol, controlled substances and controlled substance analogs.

448,376 Section 376 . 346.637 (2) of the statutes is amended to read:

346.637 (2) The effects of alcohol or , controlled substances or controlled substance analogs, or both the use of them in any combination, on a person's ability to operate a motor vehicle.

448,377 Section 377. 346.64 (1) of the statutes is amended to read:

346.64 (1) No person who owns or has direct control of a commercial motor vehicle or any vehicle operated upon a highway for the conveyance of passengers for hire shall employ as an operator of such vehicle and retain in the person's employment any person who is addicted to the excessive use of intoxicating liquor or to the use of a controlled substance or controlled substance analog under ch. 161 961. In addition to being subject to fine or imprisonment as prescribed by law, such person shall forfeit $5 for each day such operator is retained in the person's employ.

448,378 Section 378 . 349.02 (2) (b) 2. of the statutes is amended to read:

349.02 (2) (b) 2. Chapter 161 961 and local ordinances that strictly conform to s. 161.573 (2), 161.574 (2) or 161.575 (2) 961.573 (2), 961.574 (2) or 961.575 (2).

448,379 Section 379 . 349.13 (5) (b) 5. of the statutes is amended to read:

349.13 (5) (b) 5. The personal property is subject to forfeiture under ss. 161.55 to 161.56 961.55 to 961.56 and 973.075 to 973.077.

448,380 Section 380 . 350.01 (2) of the statutes is amended to read:

350.01 (2) “Controlled substance" has the meaning designated in s. 161.01 961.01 (4).

448,381 Section 381 . 350.01 (2d) of the statutes is created to read:

350.01 (2d) “Controlled substance analog" has the meaning given in s. 961.01 (4m).

448,382 Section 382 . 350.01 (9) of the statutes is amended to read:

350.01 (9) “Intoxicant" means any alcohol beverage, controlled substance, controlled substance analog or other drug or any combination thereof.

448,383 Section 383 . 350.11 (3) (d) of the statutes is amended to read:

350.11 (3) (d) (title) Alcohol or, controlled substances or controlled substance analogs; assessment. In addition to any other penalty or order, a person who violates s. 350.101 (1) or (2) or 350.104 (5) or who violates s. 940.09 or 940.25 if the violation involves the operation of a snowmobile, shall be ordered by the court to submit to and comply with an assessment by an approved public treatment facility for an examination of the person's use of alcohol or, controlled substances or controlled substance analogs. The assessment order shall comply with s. 343.30 (1q) (c) 1. a. to c. Intentional failure to comply with an assessment ordered under this paragraph constitutes contempt of court, punishable under ch. 785.

448,384 Section 384 . 351.02 (1) (a) 10. of the statutes is amended to read:

351.02 (1) (a) 10. Any offense under the law of another jurisdiction prohibiting conduct described in sections 6-207, 6-302, 6-303, 10-102, 10-103, 10-104, 11-901, 11-902, 11-907 or 11-908 of the uniform vehicle code and model traffic ordinance (1987), or prohibiting homicide or manslaughter resulting from the operation of a motor vehicle, use of a motor vehicle in the commission of a felony, reckless or careless driving or driving a motor vehicle with wilful or wanton disregard for the safety of persons or property, driving or operating a motor vehicle while under the influence of alcohol, a controlled substance, a controlled substance analog or any other drug or a combination thereof as prohibited, refusal to submit to chemical testing, operating a motor vehicle while the operating privilege or operator's license is revoked or suspended, perjury or the making false statements or affidavits to a governmental agency in connection with the ownership or operation of a motor vehicle, failing to stop and identify oneself as the driver or operator in the event of a motor vehicle accident with a person or an attended motor vehicle or fleeing from or attempting to elude a police, law enforcement or other peace officer, as those or substantially similar terms are used in that jurisdiction's laws.

448,385 Section 385 . 441.16 (1) (b) 2. of the statutes is amended to read:

441.16 (1) (b) 2. Controlled substances, as defined in s. 161.01 961.01 (4).

448,386 Section 386 . 447.07 (3) (L) of the statutes is amended to read:

447.07 (3) (L) Violated ch. 161 or 450 or 961.

448,387 Section 387 . 448.01 (11) of the statutes is amended to read:

448.01 (11) “Unprofessional conduct" means those acts or attempted acts of commission or omission defined as unprofessional conduct by the board under the authority delegated to the board by s. 15.08 (5) (b) and any act by a physician or podiatrist in violation of ch. 161 or 450 or 961.

448,388 Section 388 . 450.01 (4) of the statutes is amended to read:

450.01 (4) “Controlled substance" has the meaning designated in s. 161.01 961.01 (4).

448,389 Section 389 . 450.01 (20) (b) of the statutes is amended to read:

450.01 (20) (b) Any controlled substance listed included in schedules II to V of ch. 161 961, whether by statute or rule, except substances which by law may be dispensed without the prescription order of a practitioner. Controlled substances are included within this definition for purposes of s. 450.11 (3), (4) (a) and (8) only and for violations thereof punishable under s. 450.11 (9).

448,390 Section 390 . 450.02 (3) (d) of the statutes is amended to read:

450.02 (3) (d) Necessary for the administration and enforcement of this chapter and ch. 161 961.

448,391 Section 391 . 450.10 (1) (a) 2. of the statutes is amended to read:

450.10 (1) (a) 2. Violating this chapter or, subject to s. 961.38 (4r), ch. 161 961 or any federal or state statute or rule which substantially relates to the practice of the licensee.

448,392 Section 392 . 450.10 (3) (b) of the statutes is amended to read:

450.10 (3) (b) Any health care professional who in good faith provides another health care professional with information concerning a violation of this chapter or ch. 161 961 by any person shall be immune from any civil or criminal liability that results from any act or omission in providing such information. In any administrative or court proceeding, the good faith of the health care professional providing such information shall be presumed.

448,393 Section 393 . 450.17 of the statutes is amended to read:

450.17 Violations. Each member of the board shall investigate and institute actions for violations of this chapter by any person and for violation of ch. 161 961 by pharmacists. The district attorney of the proper county shall promptly prosecute any such violation upon notice from any source.

448,394 Section 394 . 453.04 of the statutes is amended to read:

453.04 Violations. The chairperson of the examining board shall institute actions for violations of this chapter by any person and for violations of ch. 161 or 450 or 961 by veterinarians. The district attorney of the county in which the offense is committed shall promptly prosecute any such violation upon being informed thereof, from any source.

448,395 Section 395 . 632.32 (6) (b) 4. of the statutes is amended to read:

632.32 (6) (b) 4. Any use of the motor vehicle for unlawful purposes, or for transportation of liquor in violation of law, or while the driver is under the influence of an intoxicant or a controlled substance or controlled substance analog under ch. 161 961 or a combination thereof, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving, or any use of the motor vehicle in a reckless manner. In this subdivision, “drug" has the meaning specified in s. 450.01 (10).

448,396 Section 396 . 753.061 (2) of the statutes is amended to read:

753.061 (2) The chief judge of the 1st judicial administrative district shall designate 2 circuit court branches that will primarily handle cases that involve a violation of ch. 161 961 involving a controlled substance included in schedule I or II under ch. 161 961 or a controlled substance analog of a controlled substance included in schedule I or II under ch. 961.

448,397 Section 397 . 778.25 (1) (a) 1. of the statutes is amended to read:

778.25 (1) (a) 1. Under s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 161.573 (2), 161.574 (2) or 161.575 (2) 961.573 (2), 961.574 (2) or 961.575 (2) or under a local ordinance strictly conforming to one of those statutes brought against an adult in circuit court or against a minor in the court assigned to exercise jurisdiction under ch. 48.

448,398 Section 398 . 778.25 (1) (a) 1. of the statutes, as affected by 1995 Wisconsin Acts 77 and .... (this act), is repealed and recreated to read:

778.25 (1) (a) 1. Under s. 125.07 (4) (a) or (b), 125.085 (3) (b), 125.09 (2), 961.573 (2), 961.574 (2) or 961.575 (2) or under a local ordinance strictly conforming to one of those statutes brought against an adult in circuit court or against a minor in the court assigned to exercise jurisdiction under chs. 48 and 938.

448,399 Section 399 . 814.60 (2) (cn) of the statutes is amended to read:

814.60 (2) (cn) Drug abuse program improvement surcharge imposed by s. 161.41 961.41 (5).

448,400 Section 400 . 818.02 (7) of the statutes is amended to read:

818.02 (7) In an action for a forfeiture under s. 161.573 (2), 161.574 (2) or 161.575 (2) 961.573 (2), 961.574 (2) or 961.575 (2), or a local ordinance strictly conforming to one of those statutes.

448,401 Section 401 . 823.113 (1) of the statutes is amended to read: