LRB-3019/1
PEN:mfd&kaf:arm
1997 - 1998 LEGISLATURE
September 16, 1997 - Introduced by Representatives Kaufert, Reynolds,
Ainsworth, Ott, Otte, Gunderson, Albers, Ladwig, Olsen, Plouff, Seratti,
Nass, Underheim, Sykora, Ward and Jeskewitz, cosponsored by Senators
Darling, Rosenzweig, Panzer, Grobschmidt, Farrow and Roessler. Referred
to Committee on Highways and Transportation.
AB518,1,6
1An Act to amend 125.07 (4) (bs) 1., 2., 3. and 4., 125.07 (4) (c) 1., 2., 3. and 4.,
2125.07 (4) (e) 4., 125.07 (4) (e) 5., 125.085 (3) (bd), 343.30 (6) (b) (intro.), 343.30
3(6) (b) 1., 2. and 3., 343.30 (6) (bm), 343.30 (6) (d), 938.344 (2) (a), (b) and (c),
4938.344 (2b) (a), (b) and (c) and 938.344 (2d) (a), (b) and (c) of the statutes;
5relating to: the operating privilege of an underage person convicted of certain
6alcohol-related offenses.
Analysis by the Legislative Reference Bureau
Under current law, no person who has not attained the legal drinking age of 21
years of age (underage person) may: procure or attempt to procure alcohol beverages
from a person licensed to sell alcohol beverages; enter, knowingly attempt to enter
or be on licensed premises; falsely represent his or her age for the purpose of receiving
alcohol beverages from a licensee or permittee; or, unless authorized by law, possess
or consume alcohol beverages. The sentence for a violation of these prohibitions
varies depending upon the number of prior violations the underage person has
committed, and may include suspension or revocation of the underage person's
operating privilege, a forfeiture of up to $1,000, required participation in a
supervised work program or other community service work or any combination of
these penalties. The specified period of suspension or revocation of an underage
person's operating privilege, if imposed, ranges from a minimum of 30 days to a
maximum of 2 years. The suspension or revocation period commences immediately
unless the underage person does not possess a valid regular driver's license, in which
case the suspension or revocation period commences on the date that a regular
license would otherwise be reinstated or issued after the person applies and qualifies
for issuance or 2 years from the date of disposition of the alcohol-related offense,
whichever occurs first.
This bill changes the penalties for underage persons who commit certain
alcohol-related offenses. In addition to other penalties that a court elects to impose,
the bill requires that the operating privilege of an underage person convicted of
certain alcohol-related offenses be acted upon as follows:
1. For a first violation, suspended for 90 days.
2. For a 2nd violation committed within 12 months, suspended for 180 days.
3. For a 3rd or subsequent violation committed within 12 months, revoked for
270 days.
The bill specifies that the period of suspension or revocation of the operating
privilege of an underage person who does not possess a regular driver's license does
not commence until the date that a regular license would otherwise be reinstated or
issued after the person applies and qualifies for issuance. The bill also eliminates
the authority of a court that ordered the suspension of an underage person's
operating privilege to reinstate that person's operating privilege for completing an
alcohol abuse treatment program or court-approved alcohol abuse education
program.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB518, s. 1
1Section
1. 125.07 (4) (bs) 1., 2., 3. and 4. of the statutes are amended to read:
AB518,2,72
125.07
(4) (bs) 1. For a first violation, a forfeiture of not less than $250 nor more
3than $500,
suspension of the person's operating privilege as provided under s. 343.30
4(6) (b) 1., participation in a supervised work program or other community service
5work under par. (cg) or any combination of these penalties.
In addition to any penalty
6imposed under this subdivision, the violator's operating privilege shall be suspended
7as provided under s. 343.30 (6) (b) 1.
AB518,3,48
2. For a violation committed within 12 months of a previous violation, either
9a forfeiture of not less than $300 nor more than $500,
suspension of the person's
10operating privilege as provided under s. 343.30 (6) (b) 2., participation in a
1supervised work program or other community service work under par. (cg) or any
2combination of these penalties.
In addition to any penalty imposed under this
3subdivision, the violator's operating privilege shall be suspended as provided under
4s. 343.30 (6) (b) 2.
AB518,3,105
3. For a violation committed within 12 months of 2 previous violations, either
6a forfeiture of not less than $500 nor more than $750,
revocation of the person's
7operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work
8program or other community service work under par. (cg) or any combination of these
9penalties.
In addition to any penalty imposed under this subdivision, the violator's
10operating privilege shall be revoked as provided under s. 343.30 (6) (b) 3.
AB518,3,1611
4. For a violation committed within 12 months of 3 or more previous violations,
12either a forfeiture of not less than $750 nor more than $1,000,
revocation of the
13person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised
14work program or other community service work under par. (cg) or any combination
15of these penalties.
In addition to any penalty imposed under this subdivision, the
16violator's operating privilege shall be revoked as provided under s. 343.30 (6) (b) 3.
AB518, s. 2
17Section
2. 125.07 (4) (c) 1., 2., 3. and 4. of the statutes are amended to read:
AB518,3,2318
125.07
(4) (c) 1. For a first violation, a forfeiture of not less than $100 nor more
19than $200,
suspension of the person's operating privilege as provided under s. 343.30
20(6) (b) 1., participation in a supervised work program or other community service
21work under par. (cg) or any combination of these penalties.
In addition to any penalty
22imposed under this subdivision, the violator's operating privilege shall be suspended
23as provided under s. 343.30 (6) (b) 1.
AB518,4,524
2. For a violation committed within 12 months of a previous violation, either
25a forfeiture of not less than $200 nor more than $300,
suspension of the person's
1operating privilege as provided under s. 343.30 (6) (b) 2., participation in a
2supervised work program or other community service work under par. (cg) or any
3combination of these penalties.
In addition to any penalty imposed under this
4subdivision, the violator's operating privilege shall be suspended as provided under
5s. 343.30 (6) (b) 2.
AB518,4,116
3. For a violation committed within 12 months of 2 previous violations, either
7a forfeiture of not less than $300 nor more than $500,
revocation of the person's
8operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work
9program or other community service work under par. (cg) or any combination of these
10penalties.
In addition to any penalty imposed under this subdivision, the violator's
11operating privilege shall be revoked as provided under s. 343.30 (6) (b) 3.
AB518,4,1712
4. For a violation committed within 12 months of 3 or more previous violations,
13either a forfeiture of not less than $500 nor more than $1,000,
revocation of the
14person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised
15work program or other community service work under par. (cg) or any combination
16of these penalties.
In addition to any penalty imposed under this subdivision, the
17violator's operating privilege shall be revoked as provided under s. 343.30 (6) (b) 3.
AB518, s. 3
18Section
3. 125.07 (4) (e) 4. of the statutes is amended to read:
AB518,5,419
125.07
(4) (e) 4. If the defendant completes the alcohol abuse treatment
20program or court-approved alcohol abuse education program, the approved
21treatment facility or court-approved alcohol abuse education program shall, with
22the written informed consent of the defendant, notify the agency primarily
23responsible for providing services to the defendant that the defendant has complied
24with the order and the court shall notify the defendant of whether or not the penalty
25will be reinstated.
If the court had ordered the suspension of the defendant's
1operating privilege under par. (bs) or (c), the court may order the secretary of
2transportation to reinstate the operating privilege of the defendant if he or she
3completes the alcohol abuse treatment program or court-approved alcohol abuse
4education program.
AB518, s. 4
5Section
4. 125.07 (4) (e) 5. of the statutes is amended to read:
AB518,5,136
125.07
(4) (e) 5. If an approved treatment facility or court-approved alcohol
7abuse education program, with the written informed consent of the defendant,
8notifies the agency primarily responsible for providing services to the defendant that
9the defendant is not participating in the program or that the defendant has not
10satisfactorily completed a recommended alcohol abuse treatment program or an
11education program, the court shall hold a hearing to determine whether the
12penalties under par. (bs) or (c)
not involving an operating privilege should be
13imposed.
AB518, s. 5
14Section
5. 125.085 (3) (bd) of the statutes is amended to read:
AB518,5,2115
125.085
(3) (bd) Any underage person who violates par. (b) is subject to a
16forfeiture of not less than $100 nor more than $500,
suspension of the person's
17operating privilege under s. 343.30 (6) (bm), participation in a supervised work
18program or other community service work under par. (bh) or any combination of
19these penalties.
In addition to any penalty imposed under this paragraph, the
20underage person's operating privilege shall be suspended as provided in s. 343.30 (6)
21(bm).
AB518, s. 6
22Section
6. 343.30 (6) (b) (intro.) of the statutes is amended to read:
AB518,5,2523
343.30
(6) (b) (intro.)
If Whenever a court imposes suspension or revocation of
24a person's operating privilege under s. 125.07 (4)
(bs) or (c) or 938.344 (2), (2b) or (2d),
25the suspension or revocation imposed shall be one of the following:
AB518, s. 7
1Section
7. 343.30 (6) (b) 1., 2. and 3. of the statutes are amended to read:
AB518,6,22
343.30
(6) (b) 1. For a first violation, suspension for
30 to 90 days.
AB518,6,43
2. For a violation committed within 12 months of a previous violation,
4suspension for
not more than one year 180 days.
AB518,6,65
3. For a violation committed within 12 months of 2 or more previous violations,
6revocation for
not more than 2 years 270 days.
AB518, s. 8
7Section
8. 343.30 (6) (bm) of the statutes is amended to read:
AB518,6,98
343.30
(6) (bm) If the court imposes a suspension of a person's operating
9privilege under s. 125.085 (3) (bd), the suspension shall be for
30 to 90 days.
AB518, s. 9
10Section
9. 343.30 (6) (d) of the statutes is amended to read:
AB518,6,1611
343.30
(6) (d) If the person subject to suspension or revocation under this
12subsection does not hold a valid license under this chapter other than a license under
13s. 343.07 or 343.08 on the date of disposition, the suspension or revocation under par.
14(b) shall commence on the date that such a license would otherwise be reinstated or
15issued after the person applies and qualifies for issuance
or 2 years from the date of
16disposition, whichever occurs first.
AB518, s. 10
17Section
10. 938.344 (2) (a), (b) and (c) of the statutes are amended to read:
AB518,6,2318
938.344
(2) (a) For a first violation, a forfeiture of not more than $50
, 19suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 1. 20or the juvenile's participation in a supervised work program or other community
21service work under s. 938.34 (5g).
In addition to any penalty imposed under this
22paragraph, the juvenile's operating privilege shall be suspended as provided in s.
23343.30 (6) (b) 1.
AB518,7,424
(b) For a violation committed within 12 months of a previous violation, a
25forfeiture of not more than $100
, suspension of the juvenile's operating privilege as
1provided under s. 343.30 (6) (b) 2. or the juvenile's participation in a supervised work
2program or other community service work under s. 938.34 (5g).
In addition to any
3penalty imposed under this paragraph, the juvenile's operating privilege shall be
4suspended as provided in s. 343.30 (6) (b) 2.
AB518,7,105
(c) For a violation committed within 12 months of 2 or more previous violations,
6a forfeiture of not more than $500
, revocation of the juvenile's operating privilege as
7provided under s. 343.30 (6) (b) 3. or the juvenile's participation in a supervised work
8program or other community service work under s. 938.34 (5g).
In addition to any
9penalty imposed under this paragraph, the juvenile's operating privilege shall be
10revoked as provided in s. 343.30 (6) (b) 3.
AB518, s. 11
11Section
11. 938.344 (2b) (a), (b) and (c) of the statutes are amended to read:
AB518,7,1712
938.344
(2b) (a) For a first violation, a forfeiture of not less than $250 nor more
13than $500
, suspension of the juvenile's operating privilege as provided under s.
14343.30 (6) (b) 1. or the juvenile's participation in a supervised work program or other
15community service work under s. 938.34 (5g).
In addition to any penalty imposed
16under this paragraph, the juvenile's operating privilege shall be suspended as
17provided in s. 343.30 (6) (b) 1.
AB518,7,2318
(b) For a violation committed within 12 months of a previous violation, a
19forfeiture of not less than $300 nor more than $500
, suspension of the juvenile's
20operating privilege as provided under s. 343.30 (6) (b) 2. or the juvenile's
21participation in a supervised work program or other community service work under
22s. 938.34 (5g).
In addition to any penalty imposed under this paragraph, the
23juvenile's operating privilege shall be suspended as provided in s. 343.30 (6) (b) 2.
AB518,8,424
(c) For a violation committed within 12 months of 2 or more previous violations,
25a forfeiture of $500
, revocation of the juvenile's operating privilege as provided under
1s. 343.30 (6) (b) 3. or the juvenile's participation in a supervised work program or
2other community service work under s. 938.34 (5g).
In addition to any penalty
3imposed under this paragraph, the juvenile's operating privilege shall be revoked as
4provided in s. 343.30 (6) (b) 3.
AB518, s. 12
5Section
12. 938.344 (2d) (a), (b) and (c) of the statutes are amended to read:
AB518,8,116
938.344
(2d) (a) For a first violation, a forfeiture of not less than $100 nor more
7than $500
, suspension of the juvenile's operating privilege as provided under s.
8343.30 (6) (b) 1. or the juvenile's participation in a supervised work program or other
9community service work under s. 938.34 (5g).
In addition to any penalty imposed
10under this paragraph, the juvenile's operating privilege shall be suspended as
11provided in s. 343.30 (6) (b) 1.
AB518,8,1712
(b) For a violation committed within 12 months of a previous violation, a
13forfeiture of not less than $300 nor more than $500
, suspension of the juvenile's
14operating privilege as provided under s. 343.30 (6) (b) 2. or the juvenile's
15participation in a supervised work program or other community service work under
16s. 938.34 (5g).
In addition to any penalty imposed under this paragraph, the
17juvenile's operating privilege shall be suspended as provided in s. 343.30 (6) (b) 2.