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1997 - 1998 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 1997 SENATE BILL 280
March 4, 1998 - Offered by Senator
Drzewiecki.
SB280-SSA1,1,9
1An Act to amend 342.12 (4) (a), 342.12 (4) (b), 343.10 (5) (a) 3., 343.23 (2) (b),
2343.30 (1q) (b) 3., 343.30 (1q) (b) 4., 343.30 (1q) (b) 5., 343.305 (10) (b) 3., 343.305
3(10) (b) 4., 343.305 (10) (b) 5., 343.305 (10m), 343.31 (3) (bm) 3., 343.31 (3) (bm)
44., 343.31 (3) (bm) 5., 346.65 (2) (b), 346.65 (2) (c), 346.65 (2) (d), 346.65 (2) (e),
5346.65 (2c), 346.65 (2j) (b), 346.65 (2j) (c), 346.65 (2w), 346.65 (6) (a) 1., 346.65
6(6) (a) 2., 346.65 (6) (a) 2m., 346.65 (6) (d), 940.09 (1d) and 940.25 (1d) of the
7statutes;
relating to: the counting of convictions, suspensions and revocations
8related to driving while under the influence of an intoxicant and providing a
9penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB280-SSA1, s. 1
10Section
1. 342.12 (4) (a) of the statutes is amended to read:
SB280-SSA1,2,611
342.12
(4) (a) The district attorney shall notify the department when he or she
12files a criminal complaint against a person who has been arrested for violating s.
1346.63 (1) or (2), 940.09 (1) or 940.25 and who has 2 or more prior convictions,
2suspensions or revocations
within a 10-year period, as counted under s. 343.307 (1).
3The department may not issue a certificate of title transferring ownership of any
4motor vehicle owned by the person upon receipt of a notice under this subsection until
5the court assigned to hear the criminal complaint issues an order permitting the
6department to issue a certificate of title.
SB280-SSA1,2,138
342.12
(4) (b) The department may not issue a certificate of title transferring
9ownership of any motor vehicle owned by a person upon receipt of a notice of intent
10to revoke the person's operating privilege under s. 343.305 (9) (a), if the person has
112 or more prior convictions, suspensions or revocations
within a 10-year period, as
12counted under s. 343.307 (1), until the court assigned to the hearing under s. 343.305
13(9) issues an order permitting the department to issue a certificate of title.
SB280-SSA1, s. 3
14Section
3. 343.10 (5) (a) 3. of the statutes is amended to read:
SB280-SSA1,3,315
343.10
(5) (a) 3. If the applicant has 2 or more prior convictions, suspensions
16or revocations, as counted under s. 343.307 (1), the occupational license of the
17applicant
may shall restrict the applicant's operation under the occupational license
18to vehicles that are equipped with a functioning ignition interlock device
as provided 19if the court has ordered under s. 346.65 (6)
(a) 1. that a motor vehicle owned by the
20person be equipped with an ignition interlock device. A person to whom a restriction
21under this subdivision applies violates that restriction if he or she requests or
22permits another to blow into an ignition interlock device or to start a motor vehicle
23equipped with an ignition interlock device for the purpose of providing the person an
24operable motor vehicle without the necessity of first submitting a sample of his or her
25breath to analysis by the ignition interlock device.
If the occupational license
1restricts the applicant's operation to a vehicle that is equipped with an ignition
2interlock device, the applicant shall be liable for the reasonable costs of equipping
3the vehicle with the ignition interlock device.
SB280-SSA1,3,246
343.23
(2) (b) The information specified in par. (a) must be filed by the
7department so that the complete operator's record is available for the use of the
8secretary in determining whether operating privileges of such person shall be
9suspended, revoked, canceled or withheld in the interest of public safety. The record
10of suspensions, revocations and convictions that would be counted under s. 343.307
11(2)
and shall be maintained for 10 years, except that if there are 2 or more
12suspensions, revocations or convictions within any 10-year period, the record shall
13be maintained permanently. The record of convictions for disqualifying offenses
14under s. 343.315 (2) (h) shall be maintained for at least 10 years. The record of
15convictions for disqualifying offenses under s. 343.315 (2) (f) shall be maintained for
16at least 3 years. The record of convictions for disqualifying offenses under s. 343.315
17(2) (a) to (e) shall be maintained permanently, except that 5 years after a licensee
18transfers residency to another state such record may be transferred to another state
19of licensure of the licensee if that state accepts responsibility for maintaining a
20permanent record of convictions for disqualifying offenses. Such reports and records
21may be cumulative beyond the period for which a license is granted, but the secretary,
22in exercising the power of suspension or revocation granted under s. 343.32 (2) may
23consider only those reports and records entered during the 4-year period
24immediately preceding the exercise of such power of suspension or revocation.
SB280-SSA1, s. 5
25Section
5. 343.30 (1q) (b) 3. of the statutes is amended to read:
SB280-SSA1,4,6
1343.30
(1q) (b) 3. Except as provided in subd. 4m., if the number of convictions,
2suspensions and revocations within a
5-year 10-year period equals 2, the court shall
3revoke the person's operating privilege for not less than one year nor more than 18
4months. After the first 60 days of the revocation period, the person is eligible for an
5occupational license under s. 343.10 if he or she has completed the assessment and
6is complying with the driver safety plan ordered under par. (c).
SB280-SSA1, s. 6
7Section
6. 343.30 (1q) (b) 4. of the statutes is amended to read:
SB280-SSA1,4,138
343.30
(1q) (b) 4. Except as provided in subd. 4m., if the number of convictions,
9suspensions and revocations
within a 10-year period equals 3 or more, the court
10shall revoke the person's operating privilege for not less than 2 years nor more than
113 years. After the first 90 days of the revocation period, the person is eligible for an
12occupational license under s. 343.10 if he or she has completed the assessment and
13is complying with the driver safety plan ordered under par. (c).
SB280-SSA1, s. 7
14Section
7. 343.30 (1q) (b) 5. of the statutes is amended to read:
SB280-SSA1,4,1715
343.30
(1q) (b) 5. The
5-year or 10-year time period under this paragraph shall
16be measured from the dates of the refusals or violations which resulted in the
17suspensions, revocations or convictions.
SB280-SSA1, s. 8
18Section
8. 343.305 (10) (b) 3. of the statutes is amended to read:
SB280-SSA1,4,2419
343.305
(10) (b) 3. Except as provided in subd. 4m., if the number of convictions,
20suspensions and revocations
in a 5-year within a 10-year period equals 2, the court
21shall revoke the person's operating privilege for 2 years. After the first 90 days of the
22revocation period, the person is eligible for an occupational license under s. 343.10
23if he or she has completed the assessment and is complying with the driver safety
24plan.
SB280-SSA1, s. 9
25Section
9. 343.305 (10) (b) 4. of the statutes is amended to read:
SB280-SSA1,5,6
1343.305
(10) (b) 4. Except as provided in subd. 4m., if the number of convictions,
2suspensions and revocations
in a 10-year period equals 3 or more, the court shall
3revoke the person's operating privilege for 3 years. After the first 120 days of the
4revocation period, the person is eligible for an occupational license under s. 343.10
5if he or she has completed the assessment and is complying with the driver safety
6plan.
SB280-SSA1, s. 10
7Section
10. 343.305 (10) (b) 5. of the statutes is amended to read:
SB280-SSA1,5,108
343.305
(10) (b) 5. The
5-year or 10-year time period under this paragraph
9shall be measured from the dates of the refusals or violations which resulted in
10revocations or convictions.
SB280-SSA1,5,1812
343.305
(10m) Refusals; seizure, immobilization or ignition interlock of a
13motor vehicle. If the person whose operating privilege is revoked under sub. (10)
14has 2 or more prior convictions, suspensions or revocations, as counted under s.
15343.307 (1),
within a 10-year period, the procedure under s. 346.65 (6) shall be
16followed regarding the immobilization or seizure and forfeiture of a motor vehicle
17owned by the person or the equipping of a motor vehicle owned by the person with
18an ignition interlock device.
SB280-SSA1, s. 12
19Section
12. 343.31 (3) (bm) 3. of the statutes is amended to read:
SB280-SSA1,6,220
343.31
(3) (bm) 3. Except as provided in subd. 4m., if the number of
21suspensions, revocations and convictions within a
5-year 10-year period equals 2,
22the department shall revoke the person's operating privilege for not less than one
23year nor more than 18 months. If an Indian tribal court in this state revokes the
24person's privilege to operate a motor vehicle on tribal lands for not less than one year
25nor more than 18 months for the conviction specified in par. (bm) (intro.), the
1department shall impose the same period of revocation. After the first 60 days of the
2revocation period, the person is eligible for an occupational license under s. 343.10.
SB280-SSA1, s. 13
3Section
13. 343.31 (3) (bm) 4. of the statutes is amended to read:
SB280-SSA1,6,114
343.31
(3) (bm) 4. Except as provided in subd. 4m., if the number of
5suspensions, revocations and convictions
within a 10-year period equals 3 or more,
6the department shall revoke the person's operating privilege for not less than 2 years
7nor more than 3 years. If an Indian tribal court in this state revokes the person's
8privilege to operate a motor vehicle on tribal lands for not less than 2 years nor more
9than 3 years for the conviction specified in par. (bm) (intro.), the department shall
10impose the same period of revocation. After the first 90 days of the revocation period,
11the person is eligible for an occupational license under s. 343.10.
SB280-SSA1, s. 14
12Section
14. 343.31 (3) (bm) 5. of the statutes is amended to read:
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.