Amendment ASA1-AB572

AB572-ASA1, s. 17 Section 17. 343.305 (4) of the statutes is repealed and recreated to read:

AB572-ASA1,7,7 343.305 (4) Information. At the time that a chemical test specimen is requested under sub. (3) (a) or (am), the law enforcement officer shall read the following to the person from whom the test specimen is requested:

AB572-ASA1,7,11 "You have either been arrested for an offense that involves driving or operating a motor vehicle while under the influence of alcohol or drugs, or both, or you are suspected of driving or being on duty time with respect to a commercial motor vehicle after consuming an intoxicating beverage.

AB572-ASA1,7,18 This law enforcement agency now wants to test one or more samples of your breath, blood or urine to determine the concentration of alcohol or drugs in your system. If any test shows more alcohol in your system than the law permits while driving, your operating privilege will be suspended. If you refuse to take any test that this agency requests, your operating privilege will be revoked and you will be subject to other penalties. The test results or the fact that you refused testing can be used against you in court.

AB572-ASA1,7,22 If you take all the requested tests, you may choose to take further tests. You may take the alternative test that this law enforcement agency provides free of charge. You also may have a test conducted by a qualified person of your choice at your expense. You, however, will have to make your own arrangements for that test.

AB572-ASA1,7,25 If you have a commercial driver license or were operating a commercial motor vehicle, other consequences may result from positive test results or from refusing testing, such as being placed out of service or disqualified."

AB572-ASA1, s. 18 Section 18. 343.305 (4m) of the statutes is repealed.

AB572-ASA1, s. 19 Section 19. 343.305 (8) (b) 2. b. of the statutes is amended to read:

AB572-ASA1,8,4 343.305 (8) (b) 2. b. Whether the person was informed of the options regarding tests under this section as required under sub. (4) or under subs. (4) and (4m).

AB572-ASA1, s. 20 Section 20. 343.305 (9) (a) 2. of the statutes is amended to read:

AB572-ASA1,8,7 343.305 (9) (a) 2. That the officer complied with sub. (4) or both subs. (4) and (4m).

AB572-ASA1, s. 21 Section 21. 343.305 (9) (a) 5. b. of the statutes is amended to read:

AB572-ASA1,8,10 343.305 (9) (a) 5. b. Whether the officer complied with sub. (4) or both subs. (4) and (4m).

AB572-ASA1, s. 22 Section 22. 343.305 (9) (am) 2. of the statutes is amended to read:

AB572-ASA1,8,13 343.305 (9) (am) 2. That the officer complied with sub. (4) or both subs. (4) and (4m).

AB572-ASA1, s. 23 Section 23. 343.305 (9) (am) 5. b. of the statutes is amended to read:

AB572-ASA1,8,16 343.305 (9) (am) 5. b. Whether the officer complied with sub. (4) or both subs. (4) and (4m).

AB572-ASA1, s. 24 Section 24. 343.305 (10) (b) 2. of the statutes is amended to read:

AB572-ASA1,8,23 343.305 (10) (b) 2. Except as provided in subd. 3., 4. or 4m., for the first improper refusal, the court shall revoke the person's operating privilege for one year and the court shall order that the person's operating privilege for "Class D" and "Class M" vehicles be restricted to operating a motor vehicle equipped with an ignition interlock device during the revocation period. After the first 30 days of the revocation period, the person is eligible for an occupational license under s. 343.10.

AB572-ASA1, s. 25 Section 25. 343.305 (10) (b) 3. of the statutes is amended to read:

AB572-ASA1,9,8 343.305 (10) (b) 3. Except as provided in subd. 4m., if the number of convictions, suspensions and revocations in a 5-year period equals 2, the court shall revoke the person's operating privilege for 2 years and the court shall order that the person's operating privilege for "Class D" and "Class M" vehicles be restricted to operating a motor vehicle equipped with an ignition interlock device during the revocation period. After the first 90 days of the revocation period, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan.

AB572-ASA1, s. 26 Section 26. 343.305 (10) (b) 4. of the statutes is amended to read:

AB572-ASA1,9,17 343.305 (10) (b) 4. Except as provided in subd. 4m., if the number of convictions, suspensions and revocations in a 10-year period equals 3 or more, the court shall revoke the person's operating privilege for 3 years and the court shall order that the person's operating privilege for "Class D" and "Class M" vehicles be restricted to operating a motor vehicle equipped with an ignition interlock device during the revocation period. After the first 120 days of the revocation period, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan.

AB572-ASA1, s. 27 Section 27. 343.305 (10m) of the statutes is amended to read:

AB572-ASA1,9,25 343.305 (10m) (title) Refusals; seizure , or immobilization or ignition interlock of a motor vehicle. If the person whose operating privilege is revoked under sub. (10) has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), within a 10-year period, the procedure under s. 346.65 (6) shall be followed regarding the immobilization or seizure and forfeiture of a motor vehicle owned by the person or the equipping of a motor vehicle owned by the person with an ignition interlock device.

AB572-ASA1, s. 28 Section 28. 343.31 (3) (bm) 3. of the statutes is amended to read:

AB572-ASA1,10,12 343.31 (3) (bm) 3. Except as provided in subd. 4m., if the number of suspensions, revocations and convictions within a 5-year period equals 2, the department shall revoke the person's operating privilege for not less than one year nor more than 18 months. If an Indian tribal court in this state revokes the person's privilege to operate a motor vehicle on tribal lands for not less than one year nor more than 18 months for the conviction specified in par. (bm) (intro.), the department shall impose the same period of revocation and shall restrict the person's operating privilege for "Class D" and "Class M" vehicles to operating a motor vehicle equipped with an ignition interlock device during the revocation period. After the first 60 days of the revocation period, the person is eligible for an occupational license under s. 343.10.

AB572-ASA1, s. 29 Section 29. 343.31 (3) (bm) 4. of the statutes is amended to read:

AB572-ASA1,10,24 343.31 (3) (bm) 4. Except as provided in subd. 4m., if the number of suspensions, revocations and convictions within a 10-year period equals 3 or more, the department shall revoke the person's operating privilege for not less than 2 years nor more than 3 years. If an Indian tribal court in this state revokes the person's privilege to operate a motor vehicle on tribal lands for not less than 2 years nor more than 3 years for the conviction specified in par. (bm) (intro.), the department shall impose the same period of revocation and shall restrict the person's operating privilege for "Class D" and "Class M" vehicles to operating a motor vehicle equipped with an ignition interlock device during the revocation period. After the first 90 days of the revocation period, the person is eligible for an occupational license under s. 343.10.

AB572-ASA1, s. 30 Section 30. 343.31 (3) (c) of the statutes is amended to read:

AB572-ASA1,11,8 343.31 (3) (c) Any person convicted under s. 940.09 of causing the death of another by the operation or handling of a motor vehicle shall have his or her operating privilege revoked for 5 years. If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under s. 940.09, the revocation period is 10 years. The department shall restrict the person's operating privilege for "Class D" and "Class M" vehicles to operating a motor vehicle equipped with an ignition interlock device during the revocation period.

AB572-ASA1, s. 31 Section 31. 343.31 (3) (e) of the statutes is amended to read:

AB572-ASA1,11,16 343.31 (3) (e) Any person convicted under s. 346.63 (2) shall have his or her operating privilege revoked for not less than one year nor more than 2 years. If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under s. 346.63 (2), the minimum and maximum revocation periods are doubled. The department shall restrict the person's operating privilege for "Class D" and "Class M" vehicles to operating a motor vehicle equipped with an ignition interlock device during the revocation period.

AB572-ASA1, s. 32 Section 32. 343.31 (3) (f) of the statutes is amended to read:

AB572-ASA1,11,24 343.31 (3) (f) Any person convicted under s. 940.25 shall have his or her operating privilege revoked for 2 years. If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under s. 940.25, the revocation period is 4 years. The department shall restrict the person's operating privilege for "Class D" and "Class M" vehicles to operating a motor vehicle equipped with an ignition interlock device during the revocation period.

AB572-ASA1, s. 33 Section 33. 343.38 (5) of the statutes is repealed.

AB572-ASA1, s. 34 Section 34. 343.39 (3) of the statutes is repealed.

AB572-ASA1, s. 35 Section 35. 346.65 (6) (a) 1. of the statutes is amended to read:

AB572-ASA1,12,14 346.65 (6) (a) 1. (intro.) Except as provided in this paragraph, the court may order a law enforcement officer to seize a motor vehicle, or, if the motor vehicle is not ordered seized, shall order a law enforcement officer to equip the motor vehicle with an ignition interlock device or immobilize any motor vehicle owned by the person whose operating privilege is revoked under s. 343.305 (10) or who committed a violation of s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09 (1) (a) or (b) or 940.25 (1) (a) or (b) if the person whose operating privilege is revoked under s. 343.305 (10) or who is convicted of the violation has 2 prior suspensions, revocations or convictions within a 10-year period that would be counted under s. 343.307 (1) The court shall not order a motor vehicle equipped with an ignition interlock device or immobilized if that order would result in undue hardship or extreme inconvenience or would endanger the health and safety of a person.

AB572-ASA1, s. 36 Section 36. 346.65 (6) (a) 2m. of the statutes is amended to read:

AB572-ASA1,13,9 346.65 (6) (a) 2m. A person who owns a motor vehicle subject to seizure, equipping with an ignition interlock device or immobilization ordered seized or immobilized under this paragraph shall surrender to the clerk of circuit court the certificate of title issued under ch. 342 for every motor vehicle owned by the person. The person shall comply with this subdivision within 5 working days after receiving notification of this requirement from the district attorney. When a district attorney receives a copy of a notice of intent to revoke the operating privilege under s. 343.305 (9) (a) of a person who has 2 or more convictions, suspensions or revocations within a 5-year period, as counted under s. 343.307 (1), or when a district attorney notifies the department of the filing of a criminal complaint against a person under s. 342.12 (4) (a), the district attorney shall notify the person of the requirement to surrender all certificates of title to the clerk of circuit court. The notification shall include the time limits for that surrender, the penalty for failure to comply with the requirement and the address of the clerk of circuit court. The clerk of circuit court shall promptly return each certificate of title surrendered to the clerk of circuit court under this subdivision after stamping the certificate of title with the notation "Per section 346.65 (6) of the Wisconsin statutes, ownership of this motor vehicle may not be transferred without prior court approval". Any person failing to surrender a certificate of title as required under this subdivision shall forfeit not more than $500.

AB572-ASA1, s. 37 Section 37. 346.65 (6) (a) 3. of the statutes is amended to read:

AB572-ASA1,13,21 346.65 (6) (a) 3. The court shall notify the department, in a form and manner prescribed by the department, that an order to equip a motor vehicle with an ignition interlock device, to immobilize a motor vehicle or to seize a motor vehicle has been entered. The registration records of the department shall reflect that the order has been entered against the vehicle and remains unexecuted. Any law enforcement officer may execute that order and shall transfer any motor vehicle ordered seized to the law enforcement agency that was originally ordered to seize the vehicle based on the information provided by the department. The law enforcement agency shall notify the department when an order has been executed under this subdivision and the department shall amend its vehicle registration records to reflect that notification.

AB572-ASA1, s. 38 Section 38. 346.65 (6) (c) of the statutes is amended to read:

AB572-ASA1,14,6 346.65 (6) (c) The district attorney of the county where the motor vehicle was seized seizure is ordered shall commence an action to forfeit the motor vehicle within 30 days after the motor vehicle is seized. The action shall name the owner of the motor vehicle and all lienholders of record as parties. The forfeiture action shall be commenced by filing a summons, complaint and affidavit of the law enforcement agency with the clerk of circuit court. Upon service of an answer, the action shall be set for hearing within 60 days after the service of the answer. If no answer is served or no issue of law or fact joined and the time for that service or joining of issues has expired, the court may render a default judgment as provided in s. 806.02.

AB572-ASA1, s. 39 Section 39. 346.65 (6) (d) of the statutes is amended to read:

AB572-ASA1,14,23 346.65 (6) (d) At the hearing set under par. (c), the state has the burden of proving to a reasonable certainty by the greater weight of the credible evidence that the motor vehicle is a motor vehicle owned by a person who committed a violation of s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09 (1) (a) or (b) or 940.25 (1) (a) or (b) and, if the seizure is under par. (a) 1., that the person had 2 prior convictions, suspensions or revocations within a 10-year period as counted under s. 343.307 (1) or, if the seizure is under par. (a) 2., that the owner had 3 or more prior convictions, suspensions or revocations within a 10-year period as counted under s. 343.307 (1). If the owner of the motor vehicle proves by a preponderance of the evidence that he or she was not convicted of a violation of s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09 (1) (a) or (b) or 940.25 (1) (a) or (b), or, if the seizure is under par. (a) 1., that he or she did not have 2 prior convictions, suspensions or revocations within a 10-year period as counted under s. 343.307 (1) or, if the seizure is under par. (a) 2., 3 or more prior convictions, suspensions or revocations within a 10-year period as counted under s. 343.307 (1) state fails to meet the burden of proof required under this paragraph, the motor vehicle shall be returned to the owner upon the payment of storage costs.

AB572-ASA1, s. 40 Section 40. 346.65 (6) (k) of the statutes, as affected by 1997 Wisconsin Act .... (Assembly Bill 487), is amended to read:

AB572-ASA1,15,8 346.65 (6) (k) Except as provided in par. (km), no person may transfer ownership of any motor vehicle that is subject to immobilization or seizure or to equipping with an ignition interlock device under this subsection or make application for a new certificate of title under s. 342.18 for the motor vehicle unless the court determines that the transfer is in good faith and not for the purpose of or with the effect of defeating the purposes of this subsection. The department may cancel a title or refuse to issue a new certificate of title in the name of the transferee as owner to any person who violates this paragraph.

AB572-ASA1, s. 41 Section 41. 346.65 (6) (km) of the statutes, as created by 1997 Wisconsin Act .... (Assembly Bill 487), is amended to read:

AB572-ASA1,15,19 346.65 (6) (km) If a person purchases a motor vehicle in good faith and without knowledge that the motor vehicle was subject to immobilization or seizure or to equipping with an ignition interlock device under this subsection and the department has no valid reason for not issuing a certificate of title other than the prohibition under par. (k), the department shall issue a new certificate of title in the name of the person requesting the new certificate of title if at the time of the purchase of the motor vehicle the certificate of title did not contain the notation stamped on the certificate of title by the clerk of circuit court under par. (a) 2m. and if the person submits the affidavit required under s. 342.12 (4) (c) 1. c.

AB572-ASA1, s. 42 Section 42. 346.65 (6) (m) of the statutes is amended to read:

AB572-ASA1,16,7 346.65 (6) (m) The court may order a vehicle to be immobilized under this subsection for not more than the period that the person's operating privilege is revoked under s. 343.30 or 343.31. The court may order a vehicle to be equipped with an ignition interlock device under this subsection for not more than 2 years more than the period that the person's operating privilege is revoked under s. 343.30 or 343.31. If the court orders any motor vehicle immobilized or equipped with an ignition interlock device under this subsection, the owner shall be liable for the reasonable costs of the immobilization or the equipping of the ignition interlock device. If a motor vehicle that is immobilized is subject to a security agreement, the court shall release the motor vehicle to the secured party upon the filing of an affidavit by the secured party that the security agreement is in default and upon payment of the accrued cost of immobilizing the motor vehicle.

AB572-ASA1, s. 43 Section 43. 346.65 (6) (n) of the statutes is created to read:

AB572-ASA1,16,11 346.65 (6) (n) The 10-year period under pars. (a) and (d) shall be measured from the dates of the refusals or violations that resulted in the revocation, suspension or conviction.

AB572-ASA1, s. 44 Section 44. 347.413 (1) of the statutes is amended to read:

AB572-ASA1,17,2 347.413 (1) No person may remove, disconnect, tamper with or otherwise circumvent the operation of, or violate any requirement established by the department regarding, an ignition interlock device installed in response to the court order under s. 346.65 (6) a motor vehicle operated by the person. This subsection does not apply to the removal of an ignition interlock device upon the expiration of the order requiring the any requirement restricting the person to operating a motor vehicle to be so equipped or to make necessary repairs to a malfunctioning ignition interlock device by a person authorized by the department or to the removal of an ignition interlock device voluntarily placed in a motor vehicle or as the result of the person defaulting on any agreement with a service provider. No person may aid a person in circumventing the operation of an ignition interlock device or allow any other person to operate a motor vehicle without a functioning ignition interlock device if that other person has been restricted to operating a motor vehicle equipped with an ignition interlock device.

AB572-ASA1, s. 45 Section 45. 940.09 (1d) of the statutes is amended to read:

AB572-ASA1,17,9 940.09 (1d) If the person who committed an offense under sub. (1) (a) or (b) has 2 or more prior convictions, suspensions or revocations in a 10-year period, as counted under s. 343.307 (1), the procedure under s. 346.65 (6) may be followed regarding the immobilization or seizure and forfeiture of a motor vehicle owned by the person who committed the offense or the equipping of a motor vehicle owned by the person with an ignition interlock device.

AB572-ASA1, s. 46 Section 46. 940.25 (1d) of the statutes is amended to read:

AB572-ASA1,17,16 940.25 (1d) If the person who committed the offense under sub. (1) (a) or (b) has 2 or more prior convictions, suspensions or revocations in a 10-year period, as counted under s. 343.307 (1), the procedure under s. 346.65 (6) may be followed regarding the immobilization or seizure and forfeiture of a motor vehicle owned by the person who committed the offense or the equipping of a motor vehicle owned by the person with an ignition interlock device.

AB572-ASA1, s. 47 Section 47. Nonstatutory provisions.

AB572-ASA1,17,24 (1) Ignition interlock device program. On the effective date of this subsection, the authorized FTE positions for the department of transportation are increased by 2.0 SEG positions, to be funded from the appropriation under section 20.395 (5) (er) of the statutes, as created by this act, for the purpose of developing and administering the safe-ride program under section 85.55 of the statutes and the ignition interlock device program under section 110.10 of the statutes, as created by this act.

AB572-ASA1, s. 48 Section 48 . Initial applicability.

AB572-ASA1,18,4 (1) This act first applies to offenses committed on the effective date of this subsection, but does not preclude the counting of other offenses as prior offenses for purposes of administrative action by the department of transportation, sentencing by a court or suspending or revoking a person's operating privilege.

AB572-ASA1, s. 49 Section 49. Effective dates. This act takes effect on January 1, 1999, except as follows:

AB572-ASA1,18,7 (1) The treatment of section 85.55 of the statutes takes effect on July 1, 1999.

AB572-ASA1,18,9 (2) The treatment of section 110.10 of the statutes takes effect on the day after publication.

AB572-ASA1,18,10 (End)