SB573: Bill Text

SB573,10,7 885.235 (1) (a) 1. The fact that the analysis shows that there was more than 0.0% but less than 0.08% by weight of alcohol in the person's blood or more than 0.0 grams but less than 0.08 grams of alcohol in 210 liters of the person's breath the per son had an alcohol concentration of more than 0.0 but less than 0.08 is relevant evi dence on the issue of being under the combined influence of alcohol and a controlled substance or any other drug, but, except as provided in par. (d) or sub. (1m), is not to be given any prima facie effect.

SB573, s. 29 Section 29. 885.235 (1) (a) 2. of the statutes is amended to read:

SB573,10,15 885.235 (1) (a) 2. The fact that the analysis shows that there was more than 0.0% but less than 0.1% by weight of alcohol in the person's blood or more than 0.0 grams but less than 0.1 grams of alcohol in 210 liters of the person's breath the person had an alcohol concentration of more than 0.0 but less than 0.1 is relevant evidence on the issue of being under the combined influence of alcohol and a controlled sub stance or any other drug but, except as provided in par. (d) or sub. (1m), is not to be given any prima facie effect.

SB573, s. 30 Section 30. 885.235 (1) (b) of the statutes is amended to read:

SB573,10,23 885.235 (1) (b) Except with respect to the operation of a commercial motor ve hicle as provided in par. (d), the fact that the analysis shows that there was more than 0.04% but less than 0.1% by weight of alcohol in the person's blood or more than 0.04 grams but less than 0.1 grams of alcohol in 210 liters of the person's breath the person had an alcohol concentration of more than 0.04 but less than 0.1 is relevant evidence on the issue of intoxication or an alcohol concentration of 0.1 or more but is not to be given any prima facie effect.

SB573, s. 31 Section 31. 885.235 (1) (bd) of the statutes is amended to read:

SB573,11,7 885.235 (1) (bd) Except with respect to the operation of a commercial motor ve hicle as provided in par. (d), the fact that the analysis shows that there was more than 0.04% but less than 0.08% by weight of alcohol in the person's blood or more than 0.04 grams but less than 0.08 grams of alcohol in 210 liters of the person's breath the per son had an alcohol concentration of more than 0.04 but less than 0.08 is relevant evi dence on the issue of intoxication or an alcohol concentration of 0.08 or more, but is not to be given any prima facie effect.

SB573, s. 32 Section 32. 885.235 (1) (c) of the statutes is amended to read:

SB573,11,13 885.235 (1) (c) The fact that the analysis shows that there was 0.1% or more by weight of alcohol in the person's blood or 0.1 grams or more of alcohol in 210 liters of the person's breath the person had an alcohol concentration of 0.1 or more is prima facie evidence that he or she was under the influence of an intoxicant and is prima facie evidence that he or she had an alcohol concentration of 0.1 or more.

SB573, s. 33 Section 33. 885.235 (1) (cd) of the statutes is amended to read:

SB573,11,21 885.235 (1) (cd) In cases involving persons who have 2 or more prior convic tions, suspensions or revocations, as counted under s. 343.307 (1), the fact that the analysis shows that there was 0.08% or more by weight of alcohol in the person's blood or 0.08 grams or more of alcohol in 210 liters of the person's breath the person had an alcohol concentration of 0.08 or more is prima facie evidence that he or she was under the influence of an intoxicant and is prima facie evidence that he or she had an alcohol concentration of 0.08 or more.

SB573, s. 34 Section 34. 885.235 (1) (d) of the statutes is amended to read:

SB573,12,3 885.235 (1) (d) The fact that the analysis shows that there was 0.04% or more by weight of alcohol in the person's blood or 0.04 grams or more of alcohol in 210 liters of the person's breath the person had an alcohol concentration of 0.04 or more is prima facie evidence that he or she was under the influence of an intoxicant with respect to operation of a commercial motor vehicle and is prima facie evidence that he or she had an alcohol concentration of 0.04 or more.

SB573, s. 35 Section 35. 885.235 (1m) of the statutes is amended to read:

SB573,12,18 885.235 (1m) In any action under s. 23.33 (4c) (a) 3., 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 an alcohol concentration in the range specified in s. 23.33 (4c) (a) 3., 346.63 (2m) or 350.101 (1) (c) or a measured an alcohol concentra tion above 0.0 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 the person had an alcohol concentration of more than 0.0 but not more than 0.1 is prima facie evidence that the person had a blood an alcohol concentration in the range spe cified in s. 23.33 (4c) (a) 3., 346.63 (2m) or 350.101 (1) (c) or a measured an alcohol concentration above 0.0 under s. 346.63 (7).

SB573, s. 36 Section 36. 885.235 (4) of the statutes is amended to read:

SB573,12,25 885.235 (4) The provisions of this section relating to the admissibility of chemi cal tests for alcohol concentration, or intoxication or blood alcohol concentration shall not be construed as limiting the introduction of any other competent evidence bear ing on the question of whether or not a person was under the influence of an intoxi cant, had a specified alcohol concentration or had a blood an alcohol concentration in the range specified in s. 23.33 (4c) (a) 3., 346.63 (2m) or 350.101 (1) (c).

SB573, s. 37 Section 37. 905.04 (4) (f) of the statutes is amended to read:

SB573,13,4 905.04 (4) (f) Tests for intoxication. There is no privilege concerning the results of or circumstances surrounding any chemical tests for intoxication or blood alcohol concentration, as defined in s. 340.01 (1v).

SB573, s. 38 Section 38. 939.22 (3) of the statutes is created to read:

SB573,13,6 939.22 (3) "Alcohol concentration" has the meaning given in s. 340.01 (1v).

SB573, s. 39 Section 39. 940.09 (1g) (b) of the statutes is amended to read:

SB573,13,11 940.09 (1g) (b) Causes the death of another by the operation or handling of a firearm or airgun while the person has a blood an alcohol concentration of 0.1% 0.1 or more by weight of alcohol in that person's blood or 0.10 grams or more of alcohol in 210 liters of that person's breath.

SB573, s. 40 Section 40. 940.09 (2) of the statutes is amended to read:

SB573,13,17 940.09 (2) The defendant has a defense if he or she proves by a preponderance of the evidence that the death would have occurred even if he or she had been exercis ing due care and he or she had not been under the influence of an intoxicant or did not have a blood an alcohol concentration described under sub. (1) (b) or (bm) or (1g) (b).

SB573, s. 41 Section 41. 940.25 (2) of the statutes is amended to read:

SB573,13,23 940.25 (2) The defendant has a defense if he or she proves by a preponderance of the evidence that the great bodily harm 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 intoxi cant or did not have a blood an alcohol concentration described under sub. (1) (b) or (bm).

SB573, s. 42 Section 42. 967.055 (1) (b) of the statutes is amended to read:

SB573,14,6 967.055 (1) (b) The legislature intends to encourage the vigorous prosecution of offenses concerning the operation of motorboats by persons under the influence of an intoxicant, a controlled substance or both to a degree which renders him or her incapable of operating a motorboat safely, or under the combined influence of an in toxicant and any other drug to a degree which renders him or her incapable of operat ing a motorboat safely or having a blood an alcohol concentration of 0.1% 0.1 or more.

SB573,14,7 (End)