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 1An Act to renumber and amend 125.07 (4) (e) 4.; to amend 125.07 (4) (bs) 1.,
22., 3. and 4., 125.07 (4) (c) 1., 2., 3. and 4., 125.07 (4) (e) 5., 125.085 (3) (bd),
3343.30 (6) (b) (intro.), 343.30 (6) (b) 1., 2. and 3., 343.30 (6) (bm), 343.30 (6) (d),
4938.344 (2) (a), (b) and (c), 938.344 (2b) (a), (b) and (c) and 938.344 (2d) (a), (b)
5and (c) of the statutes; and to affect 1997 Wisconsin Act 84, sections 2, 3, 4 and
65; relating to: the operating privilege of an underage person convicted of
7certain alcohol-related offenses.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB251-SSA1, s. 1 8Section 1. 125.07 (4) (bs) 1., 2., 3. and 4. of the statutes are amended to read:
SB251-SSA1,2,29 125.07 (4) (bs) 1. For a first violation, a forfeiture of not less than $250 nor more
10than $500, suspension of the person's operating privilege as provided under s. 343.30
11(6) (b) 1.,
participation in a supervised work program or other community service
12work under par. (cg) or any combination of these penalties. In addition to any penalty

1imposed under this subdivision, the violator's operating privilege shall be suspended
2as provided under s. 343.30 (6) (b) 1.
SB251-SSA1,2,93 2. For a violation committed within 12 months of a previous violation, either
4a forfeiture of not less than $300 nor more than $500, suspension of the person's
5operating privilege as provided under s. 343.30 (6) (b) 2.,
participation in a
6supervised work program or other community service work under par. (cg) or any
7combination of these penalties. In addition to any penalty imposed under this
8subdivision, the violator's operating privilege shall be suspended as provided under
9s. 343.30 (6) (b) 2.
SB251-SSA1,2,1510 3. For a violation committed within 12 months of 2 previous violations, either
11a forfeiture of not less than $500 nor more than $750, revocation of the person's
12operating privilege under s. 343.30 (6) (b) 3.,
participation in a supervised work
13program or other community service work under par. (cg) or any combination of these
14penalties. In addition to any penalty imposed under this subdivision, the violator's
15operating privilege shall be suspended as provided under s. 343.30 (6) (b) 3.
SB251-SSA1,2,2216 4. For a violation committed within 12 months of 3 or more previous violations,
17either a forfeiture of not less than $750 nor more than $1,000, revocation of the
18person's operating privilege under s. 343.30 (6) (b) 3.,
participation in a supervised
19work program or other community service work under par. (cg) or any combination
20of these penalties. In addition to any penalty imposed under this subdivision, the
21violator's operating privilege shall be suspended as provided under s. 343.30 (6) (b)
223.
SB251-SSA1, s. 2 23Section 2. 125.07 (4) (c) 1., 2., 3. and 4. of the statutes are amended to read:
SB251-SSA1,3,424 125.07 (4) (c) 1. For a first violation, a forfeiture of not less than $100 nor more
25than $200, suspension of the person's operating privilege as provided under s. 343.30

1(6) (b) 1.,
participation in a supervised work program or other community service
2work under par. (cg) or any combination of these penalties. In addition to any penalty
3imposed under this subdivision, the violator's operating privilege shall be suspended
4as provided under s. 343.30 (6) (b) 1.
SB251-SSA1,3,115 2. For a violation committed within 12 months of a previous violation, either
6a forfeiture of not less than $200 nor more than $300, suspension of the person's
7operating privilege as provided under s. 343.30 (6) (b) 2.,
participation in a
8supervised work program or other community service work under par. (cg) or any
9combination of these penalties. In addition to any penalty imposed under this
10subdivision, the violator's operating privilege shall be suspended as provided under
11s. 343.30 (6) (b) 2.
SB251-SSA1,3,1712 3. For a violation committed within 12 months of 2 previous violations, either
13a forfeiture of not less than $300 nor more than $500, revocation of the person's
14operating privilege under s. 343.30 (6) (b) 3.,
participation in a supervised work
15program or other community service work under par. (cg) or any combination of these
16penalties. In addition to any penalty imposed under this subdivision, the violator's
17operating privilege shall be suspended as provided under s. 343.30 (6) (b) 3.
SB251-SSA1,3,2418 4. For a violation committed within 12 months of 3 or more previous violations,
19either a forfeiture of not less than $500 nor more than $1,000, revocation of the
20person's operating privilege under s. 343.30 (6) (b) 3.,
participation in a supervised
21work program or other community service work under par. (cg) or any combination
22of these penalties. In addition to any penalty imposed under this subdivision, the
23violator's operating privilege shall be suspended as provided under s. 343.30 (6) (b)
243.
SB251-SSA1, s. 3
1Section 3. 125.07 (4) (e) 4. of the statutes is renumbered 125.07 (4) (e) 4. (intro.)
2and amended to read:
SB251-SSA1,4,43 125.07 (4) (e) 4. (intro.) If the defendant completes the alcohol abuse treatment
4program or court-approved alcohol abuse education program, the:
SB251-SSA1,4,10 5a. The approved treatment facility or court-approved alcohol abuse education
6program shall, with the written informed consent of the defendant, notify the agency
7primarily responsible for providing services to the defendant that the defendant has
8complied with the order and the court shall notify the defendant of whether or not
9the penalty will be reinstated. If the court had ordered the suspension of the
10defendant's operating privilege under par. (bs) or (c), the
SB251-SSA1,4,16 11b. The court may reduce the period of suspension under s. 343.30 (6) (b) 1. by
12not more than 60 days or may reduce the period of suspension under s. 343.30 (6) (b)
132. by not more than 30 days. If the court reduces a period of suspension the court
14shall, consistent with the reduction,
order the secretary of transportation to
15reinstate the operating privilege of the defendant if he or she completes the alcohol
16abuse treatment program or court-approved alcohol abuse education program
.
SB251-SSA1, s. 4 17Section 4. 125.07 (4) (e) 5. of the statutes is amended to read:
SB251-SSA1,4,2518 125.07 (4) (e) 5. If an approved treatment facility or court-approved alcohol
19abuse education program, with the written informed consent of the defendant,
20notifies the agency primarily responsible for providing services to the defendant that
21the defendant is not participating in the program or that the defendant has not
22satisfactorily completed a recommended alcohol abuse treatment program or an
23education program, the court shall hold a hearing to determine whether the
24penalties under par. (bs) or (c) not involving an operating privilege should be
25imposed.
SB251-SSA1, s. 5
1Section 5. 125.085 (3) (bd) of the statutes, as affected by 1997 Wisconsin Act
227
, is amended to read:
SB251-SSA1,5,93 125.085 (3) (bd) Any underage person who violates par. (b) is subject to a
4forfeiture of not less than $300 nor more than $1,250, suspension of the person's
5operating privilege under s. 343.30 (6) (bm),
participation in a supervised work
6program or other community service work under par. (bh) or any combination of
7these penalties. In addition to any penalty imposed under this paragraph, the
8underage person's operating privilege shall be suspended as provided in s. 343.30 (6)
9(bm).
SB251-SSA1, s. 6 10Section 6. 343.30 (6) (b) (intro.) of the statutes is amended to read:
SB251-SSA1,5,1411 343.30 (6) (b) (intro.) If Subject to s. 125.07 (4) (e) 4. b., whenever a court
12imposes suspension or revocation of a person's operating privilege under s. 125.07 (4)
13(bs) or (c) or 938.344 (2), (2b) or (2d), the suspension or revocation imposed shall be
14one of the following:
SB251-SSA1, s. 7 15Section 7. 343.30 (6) (b) 1., 2. and 3. of the statutes are amended to read:
SB251-SSA1,5,1616 343.30 (6) (b) 1. For a first violation, suspension for 30 to 90 days.
SB251-SSA1,5,1817 2. For a violation committed within 12 months of a previous violation,
18suspension for not more than one year 180 days.
SB251-SSA1,5,2019 3. For a violation committed within 12 months of 2 or more previous violations,
20revocation suspension for not more than 2 years 270 days.
SB251-SSA1, s. 8 21Section 8. 343.30 (6) (bm) of the statutes is amended to read:
SB251-SSA1,5,2322 343.30 (6) (bm) If the court imposes a suspension of a person's operating
23privilege under s. 125.085 (3) (bd), the suspension shall be for 30 to 90 days.
SB251-SSA1, s. 9 24Section 9. 343.30 (6) (d) of the statutes is amended to read:
SB251-SSA1,6,6
1343.30 (6) (d) If the person subject to suspension or revocation under this
2subsection does not hold a valid license under this chapter other than a license under
3s. 343.07 or 343.08 on the date of disposition, the suspension or revocation under par.
4(b) shall commence on the date that such a license would otherwise be reinstated or
5issued after the person applies and qualifies for issuance or 2 years from the date of
6disposition, whichever occurs first
.
SB251-SSA1, s. 10 7Section 10. 938.344 (2) (a), (b) and (c) of the statutes are amended to read:
SB251-SSA1,6,138 938.344 (2) (a) For a first violation, a forfeiture of not more than $50,
9suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 1.
10or the juvenile's participation in a supervised work program or other community
11service work under s. 938.34 (5g). In addition to any penalty imposed under this
12paragraph, the juvenile's operating privilege shall be suspended as provided in s.
13343.30 (6) (b) 1.
SB251-SSA1,6,1914 (b) For a violation committed within 12 months of a previous violation, a
15forfeiture of not more than $100, suspension of the juvenile's operating privilege as
16provided under s. 343.30 (6) (b) 2.
or the juvenile's participation in a supervised work
17program or other community service work under s. 938.34 (5g). In addition to any
18penalty imposed under this paragraph, the juvenile's operating privilege shall be
19suspended as provided in s. 343.30 (6) (b) 2.
SB251-SSA1,6,2520 (c) For a violation committed within 12 months of 2 or more previous violations,
21a forfeiture of not more than $500, revocation of the juvenile's operating privilege as
22provided under s. 343.30 (6) (b) 3.
or the juvenile's participation in a supervised work
23program or other community service work under s. 938.34 (5g). In addition to any
24penalty imposed under this paragraph, the juvenile's operating privilege shall be
25suspended as provided in s. 343.30 (6) (b) 3.
SB251-SSA1, s. 11
1Section 11. 938.344 (2b) (a), (b) and (c) of the statutes are amended to read:
SB251-SSA1,7,72 938.344 (2b) (a) For a first violation, a forfeiture of not less than $250 nor more
3than $500, suspension of the juvenile's operating privilege as provided under s.
4343.30 (6) (b) 1.
or the juvenile's participation in a supervised work program or other
5community service work under s. 938.34 (5g). In addition to any penalty imposed
6under this paragraph, the juvenile's operating privilege shall be suspended as
7provided in s. 343.30 (6) (b) 1.
SB251-SSA1,7,138 (b) For a violation committed within 12 months of a previous violation, a
9forfeiture of not less than $300 nor more than $500, suspension of the juvenile's
10operating privilege as provided under s. 343.30 (6) (b) 2.
or the juvenile's
11participation in a supervised work program or other community service work under
12s. 938.34 (5g). In addition to any penalty imposed under this paragraph, the
13juvenile's operating privilege shall be suspended as provided in s. 343.30 (6) (b) 2.
SB251-SSA1,7,1914 (c) For a violation committed within 12 months of 2 or more previous violations,
15a forfeiture of $500, revocation of the juvenile's operating privilege as provided under
16s. 343.30 (6) (b) 3.
or the juvenile's participation in a supervised work program or
17other community service work under s. 938.34 (5g). In addition to any penalty
18imposed under this paragraph, the juvenile's operating privilege shall be suspended
19as provided in s. 343.30 (6) (b) 3.
SB251-SSA1, s. 12 20Section 12. 938.344 (2d) (a), (b) and (c) of the statutes are amended to read:
SB251-SSA1,8,221 938.344 (2d) (a) For a first violation, a forfeiture of not less than $100 nor more
22than $500, suspension of the juvenile's operating privilege as provided under s.
23343.30 (6) (b) 1.
or the juvenile's participation in a supervised work program or other
24community service work under s. 938.34 (5g). In addition to any penalty imposed

1under this paragraph, the juvenile's operating privilege shall be suspended as
2provided in s. 343.30 (6) (b) 1.
SB251-SSA1,8,83 (b) For a violation committed within 12 months of a previous violation, a
4forfeiture of not less than $300 nor more than $500, suspension of the juvenile's
5operating privilege as provided under s. 343.30 (6) (b) 2.
or the juvenile's
6participation in a supervised work program or other community service work under
7s. 938.34 (5g). In addition to any penalty imposed under this paragraph, the
8juvenile's operating privilege shall be suspended as provided in s. 343.30 (6) (b) 2.
SB251-SSA1,8,149 (c) For a violation committed within 12 months of 2 or more previous violations,
10a forfeiture of $500, revocation of the juvenile's operating privilege as provided under
11s. 343.30 (6) (b) 3.
or the juvenile's participation in a supervised work program or
12other community service work under s. 938.34 (5g). In addition to any penalty
13imposed under this paragraph, the juvenile's operating privilege shall be suspended
14as provided in s. 343.30 (6) (b) 3.
SB251-SSA1, s. 13 15Section 13. 1997 Wisconsin Act 84, sections 2, 3, 4 and 5 are repealed.
SB251-SSA1, s. 14 16Section 14. Initial applicability.
SB251-SSA1,8,1917 (1) This act first applies to violations committed on the effective date of this
18subsection, but does not preclude the counting of other violations as prior violations
19for sentencing a person or for suspending a person's operating privilege.
SB251-SSA1, s. 15 20Section 15. Effective date.
SB251-SSA1,8,2121 (1) This act takes effect on July 1, 1999.
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