AB439: Bill Text

AB439,23,10 2. Except as provided under subd. 3., a A person who violates s. 30.681 (1) (a) or (b) or 30.684 (5) and who, within 5 years prior to the arrest for the current violation, was convicted one time previously under the intoxicated boating law or the refusal law shall be fined not less than $300 nor more than $1,000 and shall be imprisoned for not less than 5 days nor more than 6 months.

AB439,23,15 3. A person who violates s. 30.681 (1) (a) or (b) or 30.684 (5) and who, within 5 years prior to the arrest for the current violation, was convicted 2 or more times previously under the intoxicated boating law or refusal law shall be fined not less than $600 nor more than $2,000 and shall be imprisoned for not less than 30 days nor more than one year in the county jail.

AB439, s. 63 Section 63. 30.80 (6) (a) 4. and 5. of the statutes are created to read:

AB439,23,21 30.80 (6) (a) 4. A person who violates s. 30.681 (1) (a) or (b) or 30.684 (5) and who, within 5 years prior to the arrest for the current violation, was convicted 3 times previously under the intoxicated boating law or refusal law shall be fined not less than $600 nor more than $2,000 and shall be imprisoned for not less than 60 days nor more than one year in the county jail.

AB439,24,2 5. A person who violates s. 30.681 (1) (a) or (b) or 30.684 (5) and who, within 5 years prior to the arrest for the current violation, was convicted 4 or more times previously under the intoxicated boating law or refusal law shall be fined not less than $600 nor more than $2,000 and shall be imprisoned for not less than 6 months nor more than one year in the county jail.

AB439, s. 64 Section 64. 30.80 (6) (a) 6. of the statutes is created to read:

AB439,24,4 30.80 (6) (a) 6. A person who violates s. 30.681 (1) (bn) shall forfeit $50.

AB439, s. 65 Section 65. 30.80 (6) (c) of the statutes is amended to read:

AB439,24,8 30.80 (6) (c) Calculation of previous convictions. In determining the number of previous convictions under par. (a) 2. and 3. to 5., convictions arising out of the same incident or occurrence shall be counted as one previous conviction.

AB439, s. 66 Section 66. 30.80 (6) (e) of the statutes is amended to read:

AB439,24,20 30.80 (6) (e) Certificate of satisfactory completion of safety course. In addition to any other penalty or order, a person who violates s. 30.681 (1) or (2) or 30.684 (5) or who violates s. 940.09 or 940.25 if the violation involves the operation of a motorboat, shall be ordered by the court to obtain a certificate of satisfactory completion of a complete satisfactorily the boating safety course under s. 30.74 (1) regardless of whether the person has a valid boating safety certificate. If the person is a resident of another state or a province of Canada, the court may order that the person satisfactorily complete a boating safety course in the state or in the province of Canada in which the person resides if the department has determined that the course has standards that substantially meet the standards established under s. 30.74 (1).

AB439, s. 67 Section 67. 30.80 (7) to (9) of the statutes are created to read:

AB439,24,25 30.80 (7) (a) Except as provided in pars. (b) and (c), a person who violates the intoxicated boating law or the refusal law shall be ordered by the court not to engage in the operation of a motorboat in this state for a period of not less than 6 months nor more than 9 months.

AB439,25,5 (b) A person who violates the intoxicated boating law or the refusal law and who, within 5 years prior to the arrest for the current violation, was convicted one time previously under the intoxicated boating law or the refusal law shall be ordered by the court not to engage in the operation of a motorboat in this state for a period of not less than 12 months nor more than 18 months.

AB439,25,10 (c) A person who violates the intoxicated boating law or the refusal law and who, within 5 years prior to the arrest for the current violation, was convicted 2 or more times previously under the intoxicated boating law or the refusal law shall be ordered by the court not to engage in the operation of a motorboat in this state for a period of not less than 24 months nor more than 36 months.

AB439,25,13 (d) In determining the number of previous convictions under pars. (b) and (c), convictions arising out of the same incident or occurrence shall be counted as one previous conviction.

AB439,25,17 (e) For purposes of pars. (a) to (c), the court, in its order, shall schedule the period during which the person may not engage in the operation of a motorboat in this state to occur in one or more periods beginning on April 1 and ending on September 30 of one or more years.

AB439,25,19 (8) Any person operating a motorboat in violation of a court order under sub. (7) shall be subject to the following penalties:

AB439,25,21 (a) Except as provided in pars. (b) to (e), a forfeiture of not less than $150 nor more than $600.

AB439,25,25 (b) If within 5 years prior to the arrest for the current violation the person was convicted one previous time for violation of an order under sub. (7), a fine of not less than $300 nor more than $1,000 and imprisonment for not less than 10 days nor more than 6 months.

AB439,26,4 (c) If within 5 years prior to the arrest for the current violation the person was convicted 2 previous times for a violation of an order under sub. (7), a fine of not less than $1,000 nor more than $2,000 and imprisonment for not less than 30 days nor more than 9 months.

AB439,26,8 (d) If within 5 years prior to the arrest for the current violation the person was convicted 3 previous times for a violation of an order under sub. (7), a fine of not less than $1,500 nor more than $2,000 and imprisonment for not less than 60 days nor more than one year in the county jail.

AB439,26,12 (e) If within 5 years prior to the arrest for the current violation the person was convicted 4 or more previous times for a violation of an order under sub. (7), a fine of not less than $2,000 nor more than $2,500 and imprisonment for not less than 6 months nor more than one year in the county jail.

AB439,26,17 (9) (a) In addition to other penalties for engaging in the operation of a motorboat in violation of an order under sub. (7), the court may order the impoundment of the motorboat in which the violation occurred, if owned by the violator. The court may determine the manner and period of impoundment. The cost of impoundment and storage of the motorboat constitutes a lien on the motorboat.

AB439,26,23 (b) If a motorboat impounded under par. (a) is subject to a security agreement or lease contract, the motorboat shall be released by the court to the lessor or secured creditor upon the filing of an affidavit by the lessor or secured creditor that the security agreement or lease contract is in default, and the motorboat shall be delivered to the lessor or secured creditor upon payment of the accrued cost of keeping the motorboat.

AB439, s. 68 Section 68. 48.343 (5) of the statutes is amended to read:

AB439,27,7 48.343 (5) If the violation is related to unsafe use of a boat, order the child to attend a the boating safety course under s. 30.74 (1) regardless of whether the child has a valid boating safety certificate. If the child is a resident of another state or a province of Canada, the court may order that the child attend a boating safety course in the state or in the province of Canada in which the child resides if the department of natural resources has determined that the course has standards that substantially meet the standards established under s. 30.74 (1).

AB439, s. 69 Section 69. 800.02 (2) (b) of the statutes is amended to read:

AB439,27,14 800.02 (2) (b) Except for parking violations, in traffic regulation actions in municipal court, the uniform traffic citation specified in s. 345.11 shall be used in lieu of the citation form specified in par. (a). In actions for violations of local ordinances enacted in accordance with s. 23.33 (11) (am) or 30.77 or for violations of regulations imposed under s. 30.771, the citation form specified in s. 23.54 shall be used in lieu of the citation form specified in par. (a).

AB439, s. 70 Section 70. 885.235 (1m) and (4) of the statutes are amended to read:

AB439,28,3 885.235 (1m) In any action under s. 23.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m) or (7) or 350.101 (1) (c), evidence of the amount of alcohol in the person's blood at the time in question, as shown by chemical analysis of a sample of the person's blood or urine or evidence of the amount of alcohol in the person's breath, is admissible on the issue of whether he or she had a blood alcohol concentration in the range specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m) or 350.101 (1) (c) or a measured alcohol concentration under s. 346.63 (7) if the sample was taken within 3 hours after the event to be proved. The fact that the analysis shows that there was more than 0.0% but not more than 0.1% by weight of alcohol in the person's blood or more than 0.0 grams but not more than 0.1 grams of alcohol in 210 liters of the person's breath is prima facie evidence that the person had a blood alcohol concentration in the range specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m) or 350.101 (1) (c) or a measured alcohol concentration under s. 346.63 (7).

AB439,28,9 (4) The provisions of this section relating to the admissibility of chemical tests for alcohol concentration, intoxication or blood alcohol concentration shall not be construed as limiting the introduction of any other competent evidence bearing on the question of whether or not a person was under the influence of an intoxicant, had a specified alcohol concentration or had a blood alcohol concentration in the range specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m) or 350.101 (1) (c).

AB439, s. 71 Section 71. Initial applicability.

AB439,28,14 (1)  The treatment of section 30.80 (6) (a) and (7) of the statutes and the creation of section 30.80 (6) (a) 4. and 5. of the statutes first apply to violations committed on the effective date of this subsection, but do not preclude the counting of previous convictions for sentencing a person.

AB439, s. 72 Section 72. Effective dates. This act takes effect on the day after publication, except as follows:

AB439,28,19 (1)  The treatment of section 30.68 (3) (cg), (cr), (dm) and (e) 2. of the statutes and the repeal and recreation of section 30.68 (3) (b) and (d) of the statutes take effect on January 1, 1997.

AB439,28,20 (End)