SB280-SSA1,6,1513
343.31
(3) (bm) 5. The
5-year or 10-year time period under this paragraph
14shall be measured from the dates of the refusals or violations which resulted in the
15suspensions, revocations or convictions.
SB280-SSA1,6,2117
346.65
(2) (b) Except as provided in par. (f), shall be fined not less than $300
18nor more than $1,000 and imprisoned for not less than 5 days nor more than 6 months
19if the total number of suspensions, revocations and convictions counted under s.
20343.307 (1) equals 2
in a 5-year within a 10-year period. Suspensions, revocations
21or convictions arising out of the same incident or occurrence shall be counted as one.
SB280-SSA1,7,323
346.65
(2) (c) Except as provided in par. (f), shall be fined not less than $600
24nor more than $2,000 and imprisoned for not less than 30 days nor more than one
25year in the county jail if the total number of suspensions, revocations and convictions
1counted under s. 343.307 (1) equals 3
in a 10-year period, except that suspensions,
2revocations or convictions arising out of the same incident or occurrence shall be
3counted as one.
SB280-SSA1,7,105
346.65
(2) (d) Except as provided in par. (f), shall be fined not less than $600
6nor more than $2,000 and imprisoned for not less than 60 days nor more than one
7year in the county jail if the total number of suspensions, revocations and convictions
8counted under s. 343.307 (1) equals 4
in a 10-year period, except that suspensions,
9revocations or convictions arising out of the same incident or occurrence shall be
10counted as one.
SB280-SSA1,7,1712
346.65
(2) (e) Except as provided in par. (f), shall be fined not less than $600
13nor more than $2,000 and imprisoned for not less than 6 months nor more than
one
14year in the county jail 5 years if the total number of suspensions, revocations and
15convictions counted under s. 343.307 (1) equals 5 or more
in a 10-year period, except
16that suspensions, revocations or convictions arising out of the same incident or
17occurrence shall be counted as one.
SB280-SSA1,7,2419
346.65
(2c) In sub. (2) (b) to (e), the
5-year or 10-year time period shall be
20measured from the dates of the refusals or violations that resulted in the revocation
21or convictions. If a person has a suspension, revocation or conviction for any offense
22under a local ordinance or a state statute of another state that would be counted
23under s. 343.307 (1), that suspension, revocation or conviction shall count as a prior
24suspension, revocation or conviction under sub. (2) (b) to (e).
SB280-SSA1,8,4
1346.65
(2j) (b) Except as provided in par. (d), shall be fined not less than $300
2nor more than $1,000 and imprisoned for not less than 5 days nor more than 6 months
3if the total of prior convictions, suspension and revocations counted under s. 343.307
4(2) equals 2
in a 5-year within a 10-year period.
SB280-SSA1,8,96
346.65
(2j) (c) Except as provided in par. (d), shall be fined not less than $600
7nor more than $2,000 and imprisoned for not less than 30 days nor more than one
8year in the county jail if the total of prior convictions, suspensions and revocations
9counted under s. 343.307 (2) equals 3 or more
in a 10-year period.
SB280-SSA1,8,1911
346.65
(2w) In determining the number of prior convictions for purposes of sub.
12(2j), the court shall count suspensions, revocations and convictions that would be
13counted under s. 343.307 (2). Revocations, suspensions and convictions arising out
14of the same incident or occurrence shall be counted as one. The
5-year or 10-year
15time period shall be measured from the dates of the refusals or violations which
16resulted in the revocation, suspension or convictions. If a person has a suspension,
17revocation or conviction for any offense that is counted under s. 343.307 (2), that
18suspension, revocation or conviction shall count as a prior suspension, revocation or
19conviction under this section.
SB280-SSA1, s. 23
20Section
23. 346.65 (6) (a) 1. of the statutes is amended to read:
SB280-SSA1,9,721
346.65
(6) (a) 1. Except as provided in this paragraph, the court may order a
22law enforcement officer to seize a motor vehicle, or, if the motor vehicle is not ordered
23seized, shall order a law enforcement officer to equip the motor vehicle with an
24ignition interlock device or immobilize any motor vehicle owned by the person whose
25operating privilege is revoked under s. 343.305 (10) or who committed a violation of
1s. 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
2the person whose operating privilege is revoked under s. 343.305 (10) or who is
3convicted of the violation has 2 prior suspensions, revocations or convictions
within
4a 10-year period that would be counted under s. 343.307 (1). The court shall not
5order a motor vehicle equipped with an ignition interlock device or immobilized if
6that would result in undue hardship or extreme inconvenience or would endanger
7the health and safety of a person.
SB280-SSA1,9,159
346.65
(6) (a) 2. The court shall order a law enforcement officer to seize a motor
10vehicle owned by a person whose operating privilege is revoked under s. 343.305 (10)
11or who commits a violation of s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09 (1) (a)
12or (b) or 940.25 (1) (a) or (b) if the person whose operating privilege is revoked under
13s. 343.305 (10) or who is convicted of the violation has 3 or more prior suspensions,
14revocations or convictions
within a 10-year period that would be counted under s.
15343.307 (1).
SB280-SSA1, s. 25
16Section
25. 346.65 (6) (a) 2m. of the statutes is amended to read:
SB280-SSA1,9,2517
346.65
(6) (a) 2m. A person who owns a motor vehicle subject to seizure,
18equipping with an ignition interlock device or immobilization under this paragraph
19shall surrender to the clerk of circuit court the certificate of title issued under ch. 342
20for every motor vehicle owned by the person. The person shall comply with this
21subdivision within 5 working days after receiving notification of this requirement
22from the district attorney. When a district attorney receives a copy of a notice of
23intent to revoke the operating privilege under s. 343.305 (9) (a) of a person who has
242 or more convictions, suspensions or revocations
within a 5-year period, as counted
25under s. 343.307 (1), or when a district attorney notifies the department of the filing
1of a criminal complaint against a person under s. 342.12 (4) (a), the district attorney
2shall notify the person of the requirement to surrender all certificates of title to the
3clerk of circuit court. The notification shall include the time limits for that surrender,
4the penalty for failure to comply with the requirement and the address of the clerk
5of circuit court. The clerk of circuit court shall promptly return each certificate of title
6surrendered to the clerk of circuit court under this subdivision after stamping the
7certificate of title with the notation "Per section 346.65 (6) of the Wisconsin statutes,
8ownership of this motor vehicle may not be transferred without prior court approval".
9Any person failing to surrender a certificate of title as required under this
10subdivision shall forfeit not more than $500.
SB280-SSA1,11,212
346.65
(6) (d) At the hearing set under par. (c), the state has the burden of
13proving to a reasonable certainty by the greater weight of the credible evidence that
14the motor vehicle is a motor vehicle owned by a person who committed a violation of
15s. 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,
16if the seizure is under par. (a) 1., that the person had 2 prior convictions, suspensions
17or revocations
within a 10-year period, as counted under s. 343.307 (1) or, if the
18seizure is under par. (a) 2., 3 or more prior convictions, suspensions or revocations
19within a 10-year period, as counted under s. 343.307 (1). If the
owner of the motor
20vehicle proves by a preponderance of the evidence that he or she was not convicted
21of 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
22(1) (a) or (b), or, if the seizure is under par. (a) 1., that he or she did not have 2 prior
23convictions, suspensions or revocations within a 10-year period as counted under s.
24343.307 (1) or, if the seizure is under par. (a) 2., 3 or more prior convictions,
25suspensions or revocations within a 10-year period as counted under s. 343.307 (1)
1state fails to meet the burden of proof required under this paragraph, the motor
2vehicle shall be returned to the owner upon the payment of storage costs.
SB280-SSA1,11,94
940.09
(1d) If the person who committed an offense under sub. (1) (a) or (b) has
52 or more prior convictions, suspensions or revocations
in a 10-year period, as
6counted under s. 343.307 (1), the procedure under s. 346.65 (6) may be followed
7regarding the immobilization or seizure and forfeiture of a motor vehicle owned by
8the person who committed the offense or the equipping of a motor vehicle owned by
9the person with an ignition interlock device.
SB280-SSA1,11,1611
940.25
(1d) If the person who committed the offense under sub. (1) (a) or (b)
12has 2 or more prior convictions, suspensions or revocations
in a 10-year period, as
13counted under s. 343.307 (1), the procedure under s. 346.65 (6) may be followed
14regarding the immobilization or seizure and forfeiture of a motor vehicle owned by
15the person who committed the offense or the equipping of a motor vehicle owned by
16the person with an ignition interlock device.
SB280-SSA1,11,2318
(1)
This act first applies to offenses committed on the effective date of this
19subsection, but does not preclude the counting of other violations as prior
20convictions, suspensions or revocations for purposes of administrative action by the
21department of transportation, sentencing by a court or revocation or suspension of
22operating privileges, except that it does preclude the counting of offenses that
23occurred before January 1, 1989, as prior convictions, suspensions or revocations.
SB280-SSA1,12,1
1(1)
This act takes effect on January 1, 1999.