Amendment SSA1-SB251

LRBs0699/1

PEN:all:km

1997 - 1998 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO 1997 SENATE BILL 251

May 7, 1998 - Offered by Joint committee on Finance.

SB251-SSA1,1,7 An Act to renumber and amend 125.07 (4) (e) 4.; to amend 125.07 (4) (bs) 1., 2., 3. and 4., 125.07 (4) (c) 1., 2., 3. and 4., 125.07 (4) (e) 5., 125.085 (3) (bd), 343.30 (6) (b) (intro.), 343.30 (6) (b) 1., 2. and 3., 343.30 (6) (bm), 343.30 (6) (d), 938.344 (2) (a), (b) and (c), 938.344 (2b) (a), (b) and (c) and 938.344 (2d) (a), (b) and (c) of the statutes; and to affect 1997 Wisconsin Act 84, sections 2, 3, 4 and 5; relating to: the operating privilege of an underage person convicted of certain alcohol-related offenses.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB251-SSA1, s. 1 Section 1. 125.07 (4) (bs) 1., 2., 3. and 4. of the statutes are amended to read:

SB251-SSA1,2,2 125.07 (4) (bs) 1. For a first violation, a forfeiture of not less than $250 nor more than $500, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 1., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties. In addition to any penalty imposed under this subdivision, the violator's operating privilege shall be suspended as provided under s. 343.30 (6) (b) 1.

SB251-SSA1,2,9 2. For a violation committed within 12 months of a previous violation, either a forfeiture of not less than $300 nor more than $500, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 2., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties. In addition to any penalty imposed under this subdivision, the violator's operating privilege shall be suspended as provided under s. 343.30 (6) (b) 2.

SB251-SSA1,2,15 3. For a violation committed within 12 months of 2 previous violations, either a forfeiture of not less than $500 nor more than $750, revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties. In addition to any penalty imposed under this subdivision, the violator's operating privilege shall be suspended as provided under s. 343.30 (6) (b) 3.

SB251-SSA1,2,22 4. For a violation committed within 12 months of 3 or more previous violations, either a forfeiture of not less than $750 nor more than $1,000, revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties. In addition to any penalty imposed under this subdivision, the violator's operating privilege shall be suspended as provided under s. 343.30 (6) (b) 3.

SB251-SSA1, s. 2 Section 2. 125.07 (4) (c) 1., 2., 3. and 4. of the statutes are amended to read:

SB251-SSA1,3,4 125.07 (4) (c) 1. For a first violation, a forfeiture of not less than $100 nor more than $200, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 1., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties. In addition to any penalty imposed under this subdivision, the violator's operating privilege shall be suspended as provided under s. 343.30 (6) (b) 1.

SB251-SSA1,3,11 2. For a violation committed within 12 months of a previous violation, either a forfeiture of not less than $200 nor more than $300, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 2., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties. In addition to any penalty imposed under this subdivision, the violator's operating privilege shall be suspended as provided under s. 343.30 (6) (b) 2.

SB251-SSA1,3,17 3. For a violation committed within 12 months of 2 previous violations, either a forfeiture of not less than $300 nor more than $500, revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties. In addition to any penalty imposed under this subdivision, the violator's operating privilege shall be suspended as provided under s. 343.30 (6) (b) 3.

SB251-SSA1,3,24 4. For a violation committed within 12 months of 3 or more previous violations, either a forfeiture of not less than $500 nor more than $1,000, revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties. In addition to any penalty imposed under this subdivision, the violator's operating privilege shall be suspended as provided under s. 343.30 (6) (b) 3.

SB251-SSA1, s. 3 Section 3. 125.07 (4) (e) 4. of the statutes is renumbered 125.07 (4) (e) 4. (intro.) and amended to read:

SB251-SSA1,4,4 125.07 (4) (e) 4. (intro.) If the defendant completes the alcohol abuse treatment program or court-approved alcohol abuse education program, the:

SB251-SSA1,4,10 a. The approved treatment facility or court-approved alcohol abuse education program shall, with the written informed consent of the defendant, notify the agency primarily responsible for providing services to the defendant that the defendant has complied with the order and the court shall notify the defendant of whether or not the penalty will be reinstated. If the court had ordered the suspension of the defendant's operating privilege under par. (bs) or (c), the

SB251-SSA1,4,16 b. The court may reduce the period of suspension under s. 343.30 (6) (b) 1. by not more than 60 days or may reduce the period of suspension under s. 343.30 (6) (b) 2. by not more than 30 days. If the court reduces a period of suspension the court shall, consistent with the reduction, order the secretary of transportation to reinstate the operating privilege of the defendant if he or she completes the alcohol abuse treatment program or court-approved alcohol abuse education program.

SB251-SSA1, s. 4 Section 4. 125.07 (4) (e) 5. of the statutes is amended to read:

SB251-SSA1,4,25 125.07 (4) (e) 5. If an approved treatment facility or court-approved alcohol abuse education program, with the written informed consent of the defendant, notifies the agency primarily responsible for providing services to the defendant that the defendant is not participating in the program or that the defendant has not satisfactorily completed a recommended alcohol abuse treatment program or an education program, the court shall hold a hearing to determine whether the penalties under par. (bs) or (c) not involving an operating privilege should be imposed.

SB251-SSA1, s. 5 Section 5. 125.085 (3) (bd) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB251-SSA1,5,9 125.085 (3) (bd) Any underage person who violates par. (b) is subject to a forfeiture of not less than $300 nor more than $1,250, suspension of the person's operating privilege under s. 343.30 (6) (bm), participation in a supervised work program or other community service work under par. (bh) or any combination of these penalties. In addition to any penalty imposed under this paragraph, the underage person's operating privilege shall be suspended as provided in s. 343.30 (6) (bm).

SB251-SSA1, s. 6 Section 6. 343.30 (6) (b) (intro.) of the statutes is amended to read:

SB251-SSA1,5,14 343.30 (6) (b) (intro.) If Subject to s. 125.07 (4) (e) 4. b., whenever a court imposes suspension or revocation of a person's operating privilege under s. 125.07 (4) (bs) or (c) or 938.344 (2), (2b) or (2d), the suspension or revocation imposed shall be one of the following:

SB251-SSA1, s. 7 Section 7. 343.30 (6) (b) 1., 2. and 3. of the statutes are amended to read:

SB251-SSA1,5,16 343.30 (6) (b) 1. For a first violation, suspension for 30 to 90 days.

SB251-SSA1,5,18 2. For a violation committed within 12 months of a previous violation, suspension for not more than one year 180 days.

SB251-SSA1,5,20 3. For a violation committed within 12 months of 2 or more previous violations, revocation suspension for not more than 2 years 270 days.

SB251-SSA1, s. 8 Section 8. 343.30 (6) (bm) of the statutes is amended to read:

SB251-SSA1,5,23 343.30 (6) (bm) If the court imposes a suspension of a person's operating privilege under s. 125.085 (3) (bd), the suspension shall be for 30 to 90 days.

SB251-SSA1, s. 9 Section 9. 343.30 (6) (d) of the statutes is amended to read:

SB251-SSA1,6,6 343.30 (6) (d) If the person subject to suspension or revocation under this subsection does not hold a valid license under this chapter other than a license under s. 343.07 or 343.08 on the date of disposition, the suspension or revocation under par. (b) shall commence on the date that such a license would otherwise be reinstated or issued after the person applies and qualifies for issuance or 2 years from the date of disposition, whichever occurs first.

SB251-SSA1, s. 10 Section 10. 938.344 (2) (a), (b) and (c) of the statutes are amended to read:

SB251-SSA1,6,13 938.344 (2) (a) For a first violation, a forfeiture of not more than $50, suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 1. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g). In addition to any penalty imposed under this paragraph, the juvenile's operating privilege shall be suspended as provided in s. 343.30 (6) (b) 1.

SB251-SSA1,6,19 (b) For a violation committed within 12 months of a previous violation, a forfeiture of not more than $100, suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 2. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g). In addition to any penalty imposed under this paragraph, the juvenile's operating privilege shall be suspended as provided in s. 343.30 (6) (b) 2.

SB251-SSA1,6,25 (c) For a violation committed within 12 months of 2 or more previous violations, a forfeiture of not more than $500, revocation of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 3. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g). In addition to any penalty imposed under this paragraph, the juvenile's operating privilege shall be suspended as provided in s. 343.30 (6) (b) 3.

SB251-SSA1, s. 11 Section 11. 938.344 (2b) (a), (b) and (c) of the statutes are amended to read:

SB251-SSA1,7,7 938.344 (2b) (a) For a first violation, a forfeiture of not less than $250 nor more than $500, suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 1. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g). In addition to any penalty imposed under this paragraph, the juvenile's operating privilege shall be suspended as provided in s. 343.30 (6) (b) 1.

SB251-SSA1,7,13 (b) For a violation committed within 12 months of a previous violation, a forfeiture of not less than $300 nor more than $500, suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 2. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g). In addition to any penalty imposed under this paragraph, the juvenile's operating privilege shall be suspended as provided in s. 343.30 (6) (b) 2.

SB251-SSA1,7,19 (c) For a violation committed within 12 months of 2 or more previous violations, a forfeiture of $500, revocation of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 3. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g). In addition to any penalty imposed under this paragraph, the juvenile's operating privilege shall be suspended as provided in s. 343.30 (6) (b) 3.

SB251-SSA1, s. 12 Section 12. 938.344 (2d) (a), (b) and (c) of the statutes are amended to read:

SB251-SSA1,8,2 938.344 (2d) (a) For a first violation, a forfeiture of not less than $100 nor more than $500, suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 1. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g). In addition to any penalty imposed under this paragraph, the juvenile's operating privilege shall be suspended as provided in s. 343.30 (6) (b) 1.

SB251-SSA1,8,8 (b) For a violation committed within 12 months of a previous violation, a forfeiture of not less than $300 nor more than $500, suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 2. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g). In addition to any penalty imposed under this paragraph, the juvenile's operating privilege shall be suspended as provided in s. 343.30 (6) (b) 2.

SB251-SSA1,8,14 (c) For a violation committed within 12 months of 2 or more previous violations, a forfeiture of $500, revocation of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 3. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g). In addition to any penalty imposed under this paragraph, the juvenile's operating privilege shall be suspended as provided in s. 343.30 (6) (b) 3.

SB251-SSA1, s. 13 Section 13. 1997 Wisconsin Act 84, sections 2, 3, 4 and 5 are repealed.

SB251-SSA1, s. 14 Section 14. Initial applicability.

SB251-SSA1,8,19 (1) This act first applies to violations committed on the effective date of this subsection, but does not preclude the counting of other violations as prior violations for sentencing a person or for suspending a person's operating privilege.

SB251-SSA1, s. 15 Section 15. Effective date.

SB251-SSA1,8,21 (1) This act takes effect on July 1, 1999.

SB251-SSA1,8,22 (End)