AB572: Bill Text

AB572,17,8 343.305 (10) (b) 2. Except as provided in subd. 3., 4. or 4m., for the first improper refusal, the court shall revoke the person's operating privilege for one year and the court shall order that, for the first 6 months that the person is authorized to operate a motor vehicle after his or her conviction, either with an occupational license or a regular license, the person be restricted to operating a motor vehicle equipped with an ignition interlock device. After the first 30 days of the revocation period, the person is eligible for an occupational license under s. 343.10.

AB572, s. 40 Section 40. 343.305 (10) (b) 3. of the statutes is amended to read:

AB572,17,18 343.305 (10) (b) 3. Except as provided in subd. 4m., if the number of convictions, suspensions and revocations in a 5-year period equals 2, the court shall revoke the person's operating privilege for 2 years and the court shall order that, for the first 2 years that the person is authorized to operate a motor vehicle after his or her conviction, either with an occupational license or a regular license, the person be restricted to operating a motor vehicle equipped with an ignition interlock device. After the first 90 60 days of the revocation period, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan.

AB572, s. 41 Section 41. 343.305 (10) (b) 4. of the statutes is amended to read:

AB572,18,3 343.305 (10) (b) 4. Except as provided in subd. 4m., if the number of convictions, suspensions and revocations in a 10-year period equals 3 or more, the court shall revoke the person's operating privilege for 3 years and the court shall order that, for the first 2 years that the person is authorized to operate a motor vehicle after his or her conviction, either with an occupational license or a regular license, the person be restricted to operating a motor vehicle equipped with an ignition interlock device. After the first 120 90 days of the revocation period, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan.

AB572, s. 42 Section 42. 343.31 (3) (h) of the statutes is amended to read:

AB572,18,6 343.31 (3) (h) Any person subject to s. 343.10 (8) (a) shall have his or her operating privilege revoked for 6 months.

AB572, s. 43 Section 43. 343.38 (5) of the statutes is amended to read:

AB572,18,14 343.38 (5) Restrictions on license. If a court has ordered that the person's operating privilege be restricted for a period of time after the revocation period is completed to operating vehicles equipped with an ignition interlock device, the license issued under this section shall include that restriction. The department may not issue the license until a service provider under s. 110.10 provides evidence satisfactory to the department that the motor vehicle that the applicant will be permitted to operate has been equipped with an ignition interlock device.

AB572, s. 44 Section 44. 343.39 (3) of the statutes is amended to read:

AB572,18,22 343.39 (3) If a court has ordered that the person's operating privilege be restricted for a period of time after the suspension period is completed to operating vehicles equipped with an ignition interlock device, the license shall include that restriction. The department may not issue the license until a service provider under s. 110.10 provides evidence satisfactory to the department that the motor vehicle that the applicant will be permitted to operate has been equipped with an ignition interlock device.

AB572, s. 45 Section 45. 346.65 (6) (a) 1. of the statutes is renumbered 346.65 (6) (a) 1. (intro.) and amended to read:

AB572,19,7 346.65 (6) (a) 1. (intro.) Except as provided in this paragraph, the court may order a law enforcement officer to seize a motor vehicle, or, if the motor vehicle is not ordered seized, shall order a law enforcement officer the owner of a motor vehicle to equip the motor vehicle with an ignition interlock device or under s. 110.10 or order a law enforcement officer to immobilize any motor vehicle owned by the person whose if the owner has 2 suspensions, revocations or convictions within a 10-year period, as counted under s. 343.307 (1), and the owner:

AB572,19,9 a. Has had his or her operating privilege is revoked under s. 343.305 (10) or who.

AB572,19,14 b. Has committed 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 (1) (a) or (b) if the person whose operating privilege is revoked under s. 343.305 (10) or who is convicted of the violation has 2 prior suspensions, revocations or convictions within a 10-year period that would be counted under s. 343.307 (1).

AB572,19,17 1m. The court shall not order a motor vehicle equipped with an ignition interlock device or immobilized if that order would result in undue hardship or extreme inconvenience or would endanger the health and safety of a person.

AB572, s. 46 Section 46. 346.65 (6) (a) 1r. of the statutes is created to read:

AB572,19,24 346.65 (6) (a) 1r. When ordering a person to equip a motor vehicle with an ignition interlock device under subd. 1., the court may consider the person's ability to pay for the cost of complying with the order. If the court determines that the person is unable to pay the full cost of complying with the order, the court may reduce the amount of the fine imposed, but may not reduce the fine imposed below the minimum fine specified for the violation.

AB572, s. 47 Section 47. 346.65 (6) (d) of the statutes is amended to read:

AB572,20,16 346.65 (6) (d) At the hearing set under par. (c), the state has the burden of proving to a reasonable certainty by the greater weight of the credible evidence that the motor vehicle is a motor vehicle owned by a person who committed 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 (1) (a) or (b) and, if the seizure is under par. (a) 1., that the person had 2 prior convictions, suspensions or revocations within a 10-year period as counted under s. 343.307 (1) or, if the seizure is under par. (a) 2., that the owner had 3 or more prior convictions, suspensions or revocations within a 10-year period as counted under s. 343.307 (1). If the owner of the motor vehicle proves by a preponderance of the evidence that he or she was not convicted of 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 (1) (a) or (b), or, if the seizure is under par. (a) 1., that he or she did not have 2 prior convictions, suspensions or revocations within a 10-year period as counted under s. 343.307 (1) or, if the seizure is under par. (a) 2., that he or she did not have 3 or more prior convictions, suspensions or revocations within a 10-year period as counted under s. 343.307 (1), the motor vehicle shall be returned to the owner upon the payment of storage costs.

AB572, s. 48 Section 48. 347.413 (1) of the statutes is amended to read:

AB572,21,5 347.413 (1) No person may remove, disconnect, tamper with or otherwise circumvent the operation of, or violate any requirement established by the department regarding, an ignition interlock device installed in response to the court order under s. ss. 343.30 (1q) (b) 2., 3. and 4., 343.305 (10) (b) 2., 3. and 4. and 346.65 (6). This subsection does not apply to the removal of an ignition interlock device upon the expiration of the order requiring the motor vehicle to be so equipped or, to make necessary repairs to a malfunctioning ignition interlock device by a person authorized by the department or as the result of the person defaulting on any agreement with a service provider, as defined in s. 110.10 (1) (b). No person may aid or allow any other person to operate a motor vehicle without a functioning ignition interlock device if that other person has been restricted to operating a motor vehicle equipped with an ignition interlock device under ss. 343.30 (1q) (b) 2., 3. and 4., 343.305 (10) (b) 2., 3. and 4. and 346.65 (6).

AB572, s. 49 Section 49. 347.413 (3) of the statutes is amended to read:

AB572,21,11 347.413 (3) The department shall design a warning label which shall be affixed to each ignition interlock device upon installation. The label shall provide notice of the penalties for tampering with or circumventing the operation of the ignition interlock device under sub. (1) and s. ss. 343.10 (5) (a) 3. and 4., 343.30 (1q) (b) 2., 3. and 4. and 343.305 (10) (b) 2., 3. and 4.

AB572, s. 50 Section 50. 347.50 (1t) of the statutes is created to read:

AB572,21,18 347.50 (1t) If the department determines that a person restricted to operating a motor vehicle equipped with an ignition interlock device has violated s. 347.413 (1), the department shall increase the period of the ignition interlock device restriction on the person's operating privilege by the amount of time from the issuance of the ignition interlock device restriction on his or her operating privilege to the date of the tampering.

AB572, s. 51 Section 51. Nonstatutory provisions.

AB572,21,25 (1) Ignition interlock device program. On the effective date of this subsection, the authorized FTE positions for the department of transportation are increased by 1.5 SEG positions, to be funded from the appropriation under section 20.395 (5) (er) of the statutes, as created by this act, for the purpose of developing and administering the ignition interlock device program under section 110.10 of the statutes, as created by this act.

AB572, s. 52 Section 52 . Initial applicability.

AB572,22,9 (1) Ignition interlock device program. The treatment of sections 16.75 (1) (a) 1., 340.01 (23v), 343.10 (2) (a) 1. and (e), (5) (a) 1., 3. and 4. and (7) (cm), 343.30 (1q) (b) 2., 3. and 4. and (4), 343.305 (4) (b) and (c) and (10) (b) 2., 3. and 4., 343.31 (3) (h), 343.38 (5), 343.39 (3), 347.413 (1) and (3) and 347.50 (1t) of the statutes first applies to offenses committed on the effective date of this subsection, but does not preclude the counting of other offenses as prior offenses for purposes of administrative action by the department of transportation, sentencing by a court or suspending or revoking a person's operating privilege.

AB572, s. 53 Section 53. Effective dates.

AB572,22,16 (1) Ignition interlock device program. The treatment of sections 16.75 (1) (a) 1., 340.01 (23v), 343.10 (2) (a) 1. and (e), (5) (a) 1., 3. and 4., (7) (cm) and (8) (a) (intro.), (ai) and (b), 343.30 (1q) (b) 2., 3. and 4. and (4), 343.305 (4) (b) and (c) and (10) (b) 2., 3. and 4., 343.31 (3) (h), 343.38 (5), 343.39 (3), 347.413 (1) and (3) and 347.50 (1t) of the statutes and Section 52 (1) of this act take effect on the first day of the 9th month beginning after publication.

AB572,22,17 (End)