SB497: Bill Text

SB497, s. 13 Section 13. 343.305 (9) (d) of the statutes, as affected by 1997 Wisconsin Act 35, is amended to read:

SB497,7,21 343.305 (9) (d) At the close of the hearing, or within 5 days thereafter, the court shall determine the issues under par. (a) 5. or (am) 5. If all issues are determined adversely to the person, the court shall proceed under sub. (10). If one or more of the issues is determined favorably to the person, the court shall order that no action be taken on the operating privilege on account of the person's refusal to take the test in question. This section does not preclude the prosecution of the person for violation of s. 346.63 (1), (2m), (5) or (7) or a local ordinance in conformity therewith, or s. 346.63 (1m), (2) or (6), 940.09 (1) or 940.25.

SB497, s. 14 Section 14. 343.307 (1) (c) of the statutes is amended to read:

SB497,7,24 343.307 (1) (c) Convictions for violations under s. 346.63 (1m) or (2) or 940.25, or s. 940.09 where the offense involved the use of a vehicle.

SB497, s. 15 Section 15. 343.307 (2) (c) of the statutes is amended to read:

SB497,8,1 343.307 (2) (c) Convictions for violations under s. 346.63 (1m), (2) or (6).

SB497, s. 16 Section 16. 343.31 (1) (ag) of the statutes is created to read:

SB497,8,6 343.31 (1) (ag) Having a prohibited alcohol concentration within 2 hours after the operation of a motor vehicle that resulted in the injury or great bodily harm to, or death of, another person or damage to property and which is criminal under s. 346.63 (1m).

SB497, s. 17 Section 17. 343.31 (1) (f) of the statutes is amended to read:

SB497,8,11 343.31 (1) (f) Operating a motor vehicle while operating privileges are suspended or revoked if the suspension or revocation was for improperly refusing to take a test under s. 343.305, violating s. 346.63 (1) or (5) or a local ordinance in conformity therewith, or violating s. 346.63 (1m), (2) or (6), 940.09 (1) or 940.25.

SB497, s. 18 Section 18. 343.31 (3) (c) of the statutes is amended to read:

SB497,8,22 343.31 (3) (c) Any person convicted under s. 346.63 (1m), when the operation of the motor vehicle resulted in the death of another person, or under s. 940.09 of causing the death of another by the operation or handling of a motor vehicle, shall have his or her operating privilege revoked for 5 years. If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under s. 940.09, the revocation period is 10 years. If there was a minor passenger under 16 years of age in the motor vehicle that was operated by the person who had a prohibited alcohol concentration within 2 hours after that operation of the motor vehicle, and that operation resulted in the death of another person, the revocation period is 10 years.

SB497, s. 19 Section 19. 343.31 (3) (e) of the statutes is amended to read:

SB497,9,9 343.31 (3) (e) Any person convicted under s. 346.63 (1m), when the operation of the motor vehicle resulted in injury to another person or damage to property, or under s. 346.63 (2) shall have his or her operating privilege revoked for not less than one year nor more than 2 years. If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under s. 346.63 (2), the minimum and maximum revocation periods are doubled. If there was a minor passenger under 16 years of age in the motor vehicle that was operated by the person who had a prohibited alcohol concentration within 2 hours after that operation of the motor vehicle, and that operation resulted in the injury to another person or damage to property, the minimum and maximum revocation periods are doubled.

SB497, s. 20 Section 20. 343.31 (3) (f) of the statutes is amended to read:

SB497,9,19 343.31 (3) (f) Any person convicted under 343.63 (1m), when the operation of the motor vehicle resulted in great bodily harm to another person, or under s. 940.25 shall have his or her operating privilege revoked for 2 years. If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under s. 940.25, the revocation period is 4 years. If there was a minor passenger under 16 years of age in the motor vehicle that was operated by the person who had a prohibited alcohol concentration within 2 hours after that operation of the motor vehicle, and that operation resulted in great bodily harm to another person, the revocation period is 4 years.

SB497, s. 21 Section 21. 343.31 (3) (g) of the statutes is amended to read:

SB497,9,24 343.31 (3) (g) Any person convicted for operating a motor vehicle while operating privileges are suspended or revoked shall have his or her operating privilege revoked for 6 months if the suspension or revocation was for improperly refusing to take a test under s. 343.305, violating s. 346.63 (1) or (5) or a local ordinance in conformity therewith, or violating s. 346.63 (1m), (2) or (6), 940.09 (1) or 940.25.

SB497, s. 22 Section 22. 343.315 (2) (a) 6. of the statutes is amended to read:

SB497,10,13 343.315 (2) (a) 6. Section 346.63 (1m), (2) or (6), 940.09 (1) or 940.25 or a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63 (1m), (2) or (6), 940.09 (1) or 940.25, or the law of another jurisdiction prohibiting causing or inflicting injury, great bodily harm or death through use of a motor vehicle while intoxicated or under the influence of alcohol, a controlled substance, a controlled substance analog or a combination thereof, or with an alcohol concentration of 0.04 or more or with an excess or specified range of alcohol concentration, or under the influence of any drug to a degree that renders the person incapable of safely driving, as those or substantially similar terms are used in that jurisdiction's laws.

SB497, s. 23 Section 23. 343.44 (2g) (intro.) of the statutes is amended to read:

SB497,10,19 343.44 (2g) (intro.) Except as provided in sub. (2m), any person who violates sub. (1) while his or her operating privilege is suspended or revoked for improperly refusing to take a test under s. 343.305, violating s. 346.63 (1) or (5) or a local ordinance in conformity therewith, or violating s. 346.63 (1m), (2) or (6), 940.09 (1) or 940.25, is subject to the following penalties:

SB497, s. 24 Section 24. 343.44 (2p) (c) of the statutes is amended to read:

SB497,10,21 343.44 (2p) (c) Violating s. 346.63 (1m), (2) or (6), 940.09 (1) or 940.25.

SB497, s. 25 Section 25. 345.24 (1) of the statutes is amended to read:

SB497,11,4 345.24 (1) A person arrested under s. 346.63 (1) or (5) or an ordinance in conformity therewith or s. 346.63 (1m), (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, may not be released until 12 hours have elapsed from the time of his or her arrest or unless a chemical test administered under s. 343.305 shows that the person has an alcohol concentration of less than 0.04, but the person may be released to his or her attorney, spouse, relative or other responsible adult at any time after arrest.

SB497, s. 26 Section 26. 345.60 (3) of the statutes is amended to read:

SB497,11,10 345.60 (3) In addition to other penalties provided by law for violation of s. 346.63 (1) or a local ordinance in conformity therewith, or s. 346.63 (1m) or (2) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, the convicted person may be required under s. 343.30 (1q) to attend, for a certain number of school days, a school under sub. (1).

SB497, s. 27 Section 27. 346.63 (1m) of the statutes is created to read:

SB497,11,14 346.63 (1m) No person may have a prohibited alcohol concentration within 2 hours after the operation of a motor vehicle that resulted in injury or great bodily harm to, or death of, another person or damage to property.

SB497, s. 28 Section 28. 346.63 (4) of the statutes is amended to read:

SB497,11,17 346.63 (4) If a person is convicted under sub. (1) or a local ordinance in conformity therewith, or sub. (1m) or (2), the court shall proceed under s. 343.30 (1q).

SB497, s. 29 Section 29. 346.635 of the statutes is amended to read:

SB497,11,24 346.635 Report arrest or out-of-service order to department. Whenever a law enforcement officer arrests a person for a violation of s. 346.63 (1), (5) or (7), or a local ordinance in conformity therewith, or s. 346.63 (1m), (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, the officer shall notify the department of the arrest and of issuance of an out-of-service order under s. 343.305 (7) (b) or (9) (am) as soon as practicable.

SB497, s. 30 Section 30. 346.65 (2g) (b) of the statutes is amended to read:

SB497,12,15 346.65 (2g) (b) The court may require a person ordered to perform community service work under par. (a), or under s. 973.05 (3) (a) if that person's fine resulted from violating s. 346.63 (1m) or (2), 940.09 (1) or 940.25, to participate in community service work that demonstrates the adverse effects of substance abuse or of operating a vehicle while under the influence of an intoxicant or other drug, including working at an alcoholism treatment facility approved under s. 51.45, an emergency room of a general hospital or a driver awareness program under s. 346.637. The court may order the person to pay a reasonable fee, based on the person's ability to pay, to offset the cost of establishing, maintaining and monitoring the community service work ordered under this paragraph. If the opportunities available to perform community service work are fewer in number than the number of defendants eligible under this subsection, the court shall, when making an order under this paragraph, give preference to defendants who were under 21 years of age at the time of the offense. All provisions of par. (a) apply to any community service work ordered under this paragraph.

SB497, s. 31 Section 31. 346.65 (2g) (c) of the statutes is amended to read:

SB497,13,2 346.65 (2g) (c) If there was a minor passenger under 16 years of age in the motor vehicle or commercial motor vehicle at the time of the violation that gave rise to the conviction, the court may require a person ordered to perform community service work under par. (a), or under s. 973.05 (3) (a) if that person's fine resulted from violating s. 346.63 (1m), (2), (5) (a) or (6) (a), 940.09 (1) or 940.25, to participate in community service work that benefits children or that demonstrates the adverse effects on children of substance abuse or of operating a vehicle while under the influence of an intoxicant or other drug. The court may order the person to pay a reasonable fee, based on the person's ability to pay, to offset the cost of establishing, maintaining and monitoring the community service work ordered under this paragraph.

SB497, s. 32 Section 32. 346.65 (2i) of the statutes is amended to read:

SB497,14,3 346.65 (2i) In addition to the authority of the court under sub. (2g) and s. 973.05 (3) (a), the court may order a defendant subject to sub. (2), or a defendant subject to s. 973.05 (3) (a) who violated s. 346.63 (1m) or (2), 940.09 (1) or 940.25, to visit a site that demonstrates the adverse effects of substance abuse or of operating a vehicle while under the influence of an intoxicant or other drug, including an alcoholism treatment facility approved under s. 51.45 or an emergency room of a general hospital in lieu of part or all of any forfeiture imposed or in addition to any penalty imposed. The court may order the defendant to pay a reasonable fee, based on the person's ability to pay, to offset the costs of establishing, maintaining and monitoring the visits ordered under this subsection. The court may order a visit to the site only if agreed to by the person responsible for the site. If the opportunities available to visit sites under this subsection are fewer than the number of defendants eligible for a visit, the court shall, when making an order under this subsection, give preference to defendants who were under 21 years of age at the time of the offense. The court shall ensure that the visit is monitored. A visit to a site may be ordered for a specific time and a specific day to allow the defendant to observe victims of vehicle accidents involving intoxicated drivers. If it appears to the court that the defendant has not complied with the court order to visit a site or to pay a reasonable fee, the court may order the defendant to show cause why he or she should not be held in contempt of court. Any organization or agency acting in good faith to which a defendant is assigned pursuant to an order under this subsection has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the defendant. The issuance or possibility of the issuance of an order under this subsection does not entitle an indigent defendant who is subject to sub. (2) (a) to representation by counsel under ch. 977.

SB497, s. 33 Section 33. 346.65 (3g) of the statutes is created to read:

SB497,14,6 346.65 (3g) Any person violating s. 346.63 (1m) shall be subject to the following penalties:

SB497,14,9 (a) If the operation of the motor vehicle resulted in injury to another person or damage to property, a fine of not less than $300 nor more than $2,000 and imprisonment for not less than 30 days nor more than one year in the county jail.

SB497,14,11 (b) If the operation of the motor vehicle resulted in great bodily harm to another person, a fine of not more than $10,000 and imprisonment for not more than 5 years.

SB497,14,13 (c) If the operation of the motor vehicle resulted in death to another person, a fine of not more than $10,000 and imprisonment for not more than 10 years.

SB497, s. 34 Section 34. 346.65 (6) (a) 1. of the statutes is amended to read:

SB497,15,2 346.65 (6) (a) 1. 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 to equip the motor vehicle with an ignition interlock device or immobilize any motor vehicle owned by the person whose operating privilege is revoked under s. 343.305 (10) or who committed a violation of s. 346.63 (1) (a) or (b), (1m) 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). The court shall not order a motor vehicle equipped with an ignition interlock device or immobilized if that would result in undue hardship or extreme inconvenience or would endanger the health and safety of a person.

SB497, s. 35 Section 35. 346.65 (6) (a) 2. of the statutes is amended to read:

SB497,15,10 346.65 (6) (a) 2. The court shall order a law enforcement officer to seize a motor vehicle owned by a person whose operating privilege is revoked under s. 343.305 (10) or who commits a violation of s. 346.63 (1) (a) or (b), (1m) 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 3 or more prior suspensions, revocations or convictions within a 10-year period that would be counted under s. 343.307 (1).

SB497, s. 36 Section 36. 346.65 (6) (d) of the statutes is amended to read:

SB497,16,2 346.65 (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), (1m) 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., 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., 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.

SB497, s. 37 Section 37. 346.655 (1) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB497,16,10 346.655 (1) On or after July 1, 1988, if a court imposes a fine or a forfeiture for a violation of s. 346.63 (1) or (5), or a local ordinance in conformity therewith, or s. 346.63 (1m), (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, it shall impose a driver improvement surcharge in an amount of $340 in addition to the fine or forfeiture, penalty assessment, jail assessment and crime laboratories and drug law enforcement assessment.

SB497, s. 38 Section 38. 949.03 (1) (b) of the statutes is amended to read:

SB497,16,17 949.03 (1) (b) The commission or the attempt to commit any crime specified in s. 346.62 (4), 346.63 (1m), (2) or (6), 940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08, 940.09, 940.10, 940.19, 940.20, 940.21, 940.22 (2), 940.225, 940.23, 940.24, 940.25, 940.285, 940.29, 940.30, 940.305, 940.31, 940.32, 941.327, 943.02, 943.03, 943.04, 943.10, 943.20, 943.23 (1g), (1m) or (1r), 943.32, 948.02, 948.025, 948.03, 948.04, 948.07, 948.095, 948.20, 948.30 or 948.51.

SB497, s. 39 Section 39. 949.08 (2) (e) of the statutes is amended to read:

SB497,16,25 949.08 (2) (e) Is an adult passenger in the offender's vehicle and the crime involved is specified in s. 346.63 (1m) or (2) or 940.25 and the passenger knew the offender was under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, controlled substance and controlled substance analog, or had a prohibited alcohol concentration, as defined in s. 340.01 (46m). This paragraph does not apply if the victim is also a victim of a crime specified in s. 940.30, 940.305, 940.31 or 948.30.

SB497, s. 40 Section 40. 967.055 (2) (a) of the statutes is amended to read:

SB497,17,19 967.055 (2) (a) Notwithstanding s. 971.29, if the prosecutor seeks to dismiss or amend a charge under s. 346.63 (1) or (5) or a local ordinance in conformity therewith, or s. 346.63 (1m), (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle or an improper refusal under s. 343.305, the prosecutor shall apply to the court. The application shall state the reasons for the proposed amendment or dismissal. The court may approve the application only if the court finds that the proposed amendment or dismissal is consistent with the public's interest in deterring the operation of motor vehicles by persons who are under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, controlled substance and controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving, or in deterring the operation of commercial motor vehicles by persons with an alcohol concentration of 0.04 or more. The court may not approve an application to amend the vehicle classification from a commercial motor vehicle to a noncommercial motor vehicle unless there is evidence in the record that the motor vehicle being operated by the defendant at the time of his or her arrest was not a commercial motor vehicle.

SB497, s. 41 Section 41. 967.055 (3) (b) of the statutes is amended to read:

SB497,17,21 967.055 (3) (b) A violation of s. 346.63 (1m), (2) or (6).

SB497, s. 42 Section 42. Initial applicability.

SB497,18,2 (1) This act first applies to offenses committed on the effective date of this subsection, but does not preclude the counting of other convictions, suspensions or revocations as prior convictions, suspensions or revocations for purposes of administrative action by the department of transportation or sentencing by a court.

SB497,18,3 (End)