Amendment SSA1-SB39

SB39-SSA1, s. 8 Section 8. 343.32 (2) (bd) of the statutes is created to read:

SB39-SSA1,5,20 343.32 (2) (bd) The scale adopted by the secretary shall assess, for each conviction, 6 demerit points for a violation of s. 346.44 or 346.62 (2m), except that convictions under s. 346.44 and 346.62 (2m) arising out of the same incident or occurrence shall be counted as a single conviction.

SB39-SSA1, s. 9 Section 9. 346.49 (2) (a) of the statutes is renumbered 346.49 (2) and amended to read:

SB39-SSA1,5,25 346.49 (2) Unless otherwise provided in par. (b), any Any person violating s. 346.44, 346.45, 346.455 or 346.48 may be required to forfeit not less than $30 nor more than $300.

SB39-SSA1, s. 10 Section 10. 346.49 (2) (b) of the statutes is renumbered 346.49 (2m) (b).

SB39-SSA1, s. 11 Section 11. 346.49 (2m) (a) of the statutes is created to read:

SB39-SSA1,6,4 346.49 (2m) (a) Unless otherwise provided in par. (b), any person violating s. 346.44 may be fined not more than $1,000.

SB39-SSA1, s. 12 Section 12. 346.495 of the statutes is created to read:

SB39-SSA1,6,9 346.495 Railroad crossing improvement assessment. (1) If a court imposes a fine under s. 346.49 (2m) (a) for a violation of s. 346.44, the court shall also impose a railroad crossing improvement assessment equal to 50% of the amount of the fine.

SB39-SSA1,6,11 (2) If a fine is suspended in whole or in part, the railroad crossing improvement assessment shall be reduced in proportion to the suspension.

SB39-SSA1,6,16 (3) The clerk of the circuit court shall collect and transmit to the county treasurer the railroad crossing improvement assessment as required under s. 59.40 (2) (m). The county treasurer shall then pay the state treasurer as provided in s. 59.25 (3) (f) 2. The state treasurer shall deposit all amounts received under this subsection in the transportation fund to be appropriated under s. 20.395 (2) (gj).

SB39-SSA1, s. 13 Section 13. 346.62 (1) (d) of the statutes is amended to read:

SB39-SSA1,6,19 346.62 (1) (d) "Vehicle" has the meaning designated in s. 939.22 (44), except that for purposes of sub. (2m) "vehicle" has the meaning given in s. 340.01 (74).

SB39-SSA1, s. 14 Section 14. 346.62 (2m) of the statutes is created to read:

SB39-SSA1,6,24 346.62 (2m) No person may recklessly endanger the safety of any person by driving a vehicle on or across a railroad crossing in violation of s. 346.44 (1) or through, around or under any crossing gate or barrier at a railroad crossing in violation of s. 346.44 (2).

SB39-SSA1, s. 15 Section 15. 346.65 (4m) of the statutes is created to read:

SB39-SSA1,7,2 346.65 (4m) Except as provided in sub. (5m), any person violating s. 346.62 (2m) shall be fined not less than $300 nor more than $1,000.

SB39-SSA1, s. 16 Section 16. 346.65 (4r) of the statutes is created to read:

SB39-SSA1,7,6 346.65 (4r) (a) If a court imposes a fine under sub. (4m) for a violation of s. 346.62 (2m), the court shall also impose a railroad crossing improvement assessment equal to 50% of the amount of the fine.

SB39-SSA1,7,8 (b) If a fine is suspended in whole or in part, the railroad crossing improvement assessment shall be reduced in proportion to the suspension.

SB39-SSA1,7,13 (c) The clerk of the circuit court shall collect and transmit to the county treasurer the railroad crossing improvement assessment as required under s. 59.40 (2) (m). The county treasurer shall then pay the state treasurer as provided in s. 59.25 (3) (f) 2. The state treasurer shall deposit all amounts received under this paragraph in the transportation fund to be appropriated under s. 20.395 (2) (gj).

SB39-SSA1, s. 17 Section 17. 346.65 (5m) of the statutes is amended to read:

SB39-SSA1,7,18 346.65 (5m) If an operator of a vehicle violates s. 346.62 (2) to (4) where persons engaged in work in a highway maintenance or construction area are at risk from traffic, any applicable minimum and maximum forfeiture or fine specified in sub. (1), (3), (4m) or (5) for the violation shall be doubled.

SB39-SSA1, s. 18 Section 18. 814.60 (2) (eg) of the statutes is created to read:

SB39-SSA1,7,21 814.60 (2) (eg) Railroad crossing improvement assessment imposed by s. 346.495 or 346.65 (4r);

SB39-SSA1, s. 19 Section 19. 973.05 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB39-SSA1,8,25 973.05 (1) When a defendant is sentenced to pay a fine, the court may grant permission for the payment of the fine, of the penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1), the crime victim and witness assistance surcharge under s. 973.045, the crime laboratories and drug law enforcement assessment imposed by s. 165.755, any applicable deoxyribonucleic acid analysis surcharge under s. 973.046, any applicable drug abuse program improvement surcharge imposed by s. 961.41 (5), any applicable domestic abuse assessment imposed by s. 971.37 (1m) (c) 1. or 973.055, any applicable railroad crossing improvement assessment imposed by s. 346.495 or 346.65 (4r), any applicable driver improvement surcharge imposed by s. 346.655, any applicable enforcement assessment imposed by s. 253.06 (4) (c), any applicable weapons assessment imposed by s. 167.31, any applicable uninsured employer assessment imposed by s. 102.85 (4), any applicable environmental assessment imposed by s. 299.93, any applicable wild animal protection assessment imposed by s. 29.9965, any applicable natural resources assessment imposed by s. 29.997 and any applicable natural resources restitution payment imposed by s. 29.998 to be made within a period not to exceed 120 days. If no such permission is embodied in the sentence, the fine, the penalty assessment, the jail assessment, the crime victim and witness assistance surcharge, the crime laboratories and drug law enforcement assessment, any applicable deoxyribonucleic acid analysis surcharge, any applicable drug abuse program improvement surcharge, any applicable domestic abuse assessment, any applicable railroad crossing improvement assessment, any applicable driver improvement surcharge, any applicable enforcement assessment, any applicable weapons assessment, any applicable uninsured employer assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment and any applicable natural resources restitution payment shall be payable immediately.

SB39-SSA1, s. 20 Section 20. 973.05 (2) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB39-SSA1,9,25 973.05 (2) When a defendant is sentenced to pay a fine and is also placed on probation, the court may make the payment of the fine, the penalty assessment, the jail assessment, the crime victim and witness assistance surcharge, the crime laboratories and drug law enforcement assessment, any applicable deoxyribonucleic acid analysis surcharge, any applicable drug abuse program improvement surcharge, any applicable domestic abuse assessment, any applicable uninsured employer assessment, any applicable railroad crossing improvement assessment, any applicable driver improvement surcharge, any applicable enforcement assessment under s. 253.06 (4) (c), any applicable weapons assessment, any applicable environmental assessment, any applicable wild animal protection assessment, any applicable natural resources assessment and any applicable natural resources restitution payments a condition of probation. When the payments are made a condition of probation by the court, payments thereon shall be applied first to payment of the penalty assessment until paid in full, shall then be applied to the payment of the jail assessment until paid in full, shall then be applied to the payment of part A of the crime victim and witness assistance surcharge until paid in full, shall then be applied to part B of the crime victim and witness assistance surcharge until paid in full, shall then be applied to the crime laboratories and drug law enforcement assessment until paid in full, shall then be applied to the deoxyribonucleic acid analysis surcharge until paid in full, shall then be applied to the drug abuse improvement surcharge until paid in full, shall then be applied to the railroad crossing improvement assessment until paid in full, shall then be applied to payment of the driver improvement surcharge until paid in full, shall then be applied to payment of the domestic abuse assessment until paid in full, shall then be applied to payment of the natural resources assessment if applicable until paid in full, shall then be applied to payment of the natural resources restitution payment until paid in full, shall then be applied to the payment of the environmental assessment if applicable until paid in full, shall then be applied to the payment of the wild animal protection assessment if applicable until paid in full, shall then be applied to payment of the weapons assessment until paid in full, shall then be applied to payment of the uninsured employer assessment until paid in full, shall then be applied to payment of the enforcement assessment under s. 253.06 (4) (c), if applicable, until paid in full and shall then be applied to payment of the fine.

SB39-SSA1, s. 21 Section 21. 973.07 of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB39-SSA1,11,11 973.07 Failure to pay fine or costs or to comply with certain community service work. If the fine, costs, penalty assessment, jail assessment, crime victim and witness assistance surcharge, crime laboratories and drug law enforcement assessment, applicable deoxyribonucleic acid analysis surcharge, applicable drug abuse program improvement surcharge, applicable domestic abuse assessment, applicable railroad crossing improvement assessment, applicable driver improvement surcharge, applicable enforcement assessment under s. 253.06 (4) (c), applicable weapons assessment, applicable uninsured employer assessment, applicable environmental assessment, applicable wild animal protection assessment, applicable natural resources assessment and applicable natural resources restitution payments are not paid or community service work under s. 943.017 (3) is not completed as required by the sentence, the defendant may be committed to the county jail until the fine, costs, penalty assessment, jail assessment, crime victim and witness assistance surcharge, crime laboratories and drug law enforcement assessment, applicable deoxyribonucleic acid analysis surcharge, applicable drug abuse program improvement surcharge, applicable domestic abuse assessment, applicable railroad crossing improvement assessment, applicable driver improvement surcharge, applicable enforcement assessment under s. 253.06 (4) (c), applicable weapons assessment, applicable uninsured employer assessment, applicable environmental assessment, applicable wild animal protection assessment, applicable natural resources assessment or applicable natural resources restitution payments are paid or discharged, or the community service work under s. 943.017 (3) is completed, for a period fixed by the court not to exceed 6 months.

SB39-SSA1, s. 22 Section 22. Initial applicability.

SB39-SSA1,11,17 (1) This act first applies to offenses committed on the effective date of this subsection, but does not preclude the counting of other convictions as prior convictions for purposes of sentencing a person, suspending or revoking a person's operating privilege, disqualifying a person from operating a commercial motor vehicle or determining eligibility for authorization to operate certain vehicles.

SB39-SSA1,11,18 (End)