SB75, s. 6
7Section
6. 30.50 (9f) of the statutes is created to read:
SB75,3,98
30.50
(9f) "Prohibited alcohol concentration" has the meaning given in s.
9340.01 (46m).
SB75, s. 7
10Section
7. 30.681 (1) (b) 1. of the statutes is amended to read:
SB75,3,1311
30.681
(1) (b) 1. No person may engage in the operation of a motorboat while
12the person has
an a prohibited alcohol concentration
of 0.1 or more. This subdivision
13does not apply to commercial motorboats.
SB75, s. 8
14Section
8. 30.681 (2) (b) 1. of the statutes is amended to read:
SB75,3,1715
30.681
(2) (b) 1. No person who has
an
a prohibited alcohol concentration
of 0.1
16or more may cause injury to another person by the operation of a motorboat. This
17subdivision does not apply to commercial motorboats.
SB75, s. 9
18Section
9. 30.681 (2) (d) 1. of the statutes is amended to read:
SB75,3,2419
30.681
(2) (d) 1. In an action under this subsection for a violation of the
20intoxicated boating law where the defendant was operating a motorboat that is not
21a commercial motorboat, the defendant has a defense if he or she proves by a
22preponderance of the evidence that the injury would have occurred even if he or she
23had been exercising due care and he or she had not been under the influence of an
24intoxicant or did not have
an a prohibited alcohol concentration
of 0.1 or more.
SB75, s. 10
1Section
10. 340.01 (46m) (intro.) of the statutes is renumbered 340.01 (46m)
2and amended to read:
SB75,4,43
340.01
(46m) "Prohibited alcohol concentration" means
one of the following: 4an alcohol concentration of 0.08 or more.
SB75, s. 11
5Section
11. 340.01 (46m) (a) of the statutes is repealed.
SB75, s. 12
6Section
12. 340.01 (46m) (b) of the statutes is repealed.
SB75, s. 13
7Section
13. 343.31 (1) (ar) of the statutes is amended to read:
SB75,4,108
343.31
(1) (ar) Injury by the operation of a commercial motor vehicle while the
9person has an alcohol concentration of 0.04 or more but less than
0.1 the minimum
10prohibited alcohol concentration and which is criminal under s. 346.63 (6).
SB75, s. 14
11Section
14. 346.63 (2m) of the statutes is amended to read:
SB75,4,1912
346.63
(2m) If a person has not attained the age of 19, the person may not drive
13or operate a motor vehicle while he or she has an alcohol concentration of more than
140.0 but not more than
0.1 the minimum prohibited alcohol concentration. One
15penalty for violation of this subsection is suspension of a person's operating privilege
16under s. 343.30 (1p). The person is eligible for an occupational license under s. 343.10
17at any time. If a person arrested for a violation of this subsection refuses to take a
18test under s. 343.305, the refusal is a separate violation and the person is subject to
19revocation of the person's operating privilege under s. 343.305 (10) (em).
SB75, s. 15
20Section
15. 346.63 (5) (a) of the statutes is amended to read:
SB75,4,2321
346.63
(5) (a) No person may drive or operate a commercial motor vehicle while
22the person has an alcohol concentration of 0.04 or more but less than
0.1 the
23minimum prohibited alcohol concentration.
SB75, s. 16
24Section
16. 346.63 (6) (a) of the statutes is amended to read:
SB75,5,3
1346.63
(6) (a) No person may cause injury to another person by the operation
2of a commercial motor vehicle while the person has an alcohol concentration of 0.04
3or more but less than
0.1 the minimum prohibited alcohol concentration.
SB75, s. 17
4Section
17. 350.01 (10c) of the statutes is created to read:
SB75,5,65
350.01
(10c) "Prohibited alcohol concentration" has the meaning given in s.
6340.01 (46m).
SB75, s. 18
7Section
18. 350.101 (1) (b) of the statutes is amended to read:
SB75,5,108
350.101
(1) (b)
Operating with alcohol concentrations at or above specified
9levels. No person may engage in the operation of a snowmobile while the person has
10an a prohibited alcohol concentration
of 0.1 or more.
SB75, s. 19
11Section
19. 350.101 (1) (c) of the statutes is amended to read:
SB75,5,1512
350.101
(1) (c)
Operating with alcohol concentrations at specified levels; below
13age 19. If a person has not attained the age of 19, the person may not engage in the
14operation of a snowmobile while he or she has an alcohol concentration of more than
150.0 but not more than
0.1 the minimum prohibited alcohol concentration.
SB75, s. 20
16Section
20. 350.101 (2) (b) of the statutes is amended to read:
SB75,5,1917
350.101
(2) (b)
Causing injury with alcohol concentrations at or above specified
18levels. No person who has
an a prohibited alcohol concentration
of 0.1 or more may
19cause injury to another person by the operation of a snowmobile.
SB75, s. 21
20Section
21. 350.101 (2) (d) of the statutes is amended to read:
SB75,5,2521
350.101
(2) (d)
Defenses. In an action under this subsection, the defendant has
22a defense if he or she proves by a preponderance of the evidence that the injury would
23have occurred even if he or she had been exercising due care and he or she had not
24been under the influence of an intoxicant or did not have
an a prohibited alcohol
25concentration
of 0.1 or more.
SB75, s. 22
1Section
22. 885.235 (1) (a) 1. of the statutes is renumbered 885.235 (1) (a).
SB75, s. 23
2Section
23. 885.235 (1) (a) 2. of the statutes is repealed.
SB75, s. 24
3Section
24. 885.235 (1) (b) of the statutes is repealed.
SB75, s. 25
4Section
25. 885.235 (1) (c) of the statutes is amended to read:
SB75,6,85
885.235
(1) (c) The fact that the analysis shows that the person had an alcohol
6concentration of
0.1 0.08 or more is prima facie evidence that he or she was under the
7influence of an intoxicant and is prima facie evidence that he or she had an alcohol
8concentration of
0.1 0.08 or more.
SB75, s. 26
9Section
26. 885.235 (1) (cd) of the statutes is repealed.
SB75, s. 27
10Section
27. 885.235 (1m) of the statutes is amended to read:
SB75,6,2111
885.235
(1m) In any action under s. 23.33 (4c) (a) 3., 346.63 (2m) or (7) or
12350.101 (1) (c), evidence of the amount of alcohol in the person's blood at the time in
13question, as shown by chemical analysis of a sample of the person's blood or urine or
14evidence of the amount of alcohol in the person's breath, is admissible on the issue
15of whether he or she had an alcohol concentration in the range specified in s. 23.33
16(4c) (a) 3., 346.63 (2m) or 350.101 (1) (c) or an alcohol concentration above 0.0 under
17s. 346.63 (7) if the sample was taken within 3 hours after the event to be proved. The
18fact that the analysis shows that the person had an alcohol concentration of more
19than 0.0 but not more than
0.1 0.08 is prima facie evidence that the person had an
20alcohol concentration in the range specified in s. 23.33 (4c) (a) 3., 346.63 (2m) or
21350.101 (1) (c) or an alcohol concentration above 0.0 under s. 346.63 (7).
SB75, s. 28
22Section
28. 939.22 (26) of the statutes is created to read:
SB75,6,2423
939.22
(26) "Prohibited alcohol concentration" has the meaning given in s.
24340.01 (46m).
SB75, s. 29
25Section
29. 940.09 (1) (bm) of the statutes is amended to read:
SB75,7,3
1940.09
(1) (bm) Causes the death of another by the operation of a commercial
2motor vehicle while the person has an alcohol concentration of 0.04 or more but less
3than
0.1 the minimum prohibited alcohol concentration.
SB75, s. 30
4Section
30. 940.09 (1g) (b) of the statutes is amended to read:
SB75,7,75
940.09
(1g) (b) Causes the death of another by the operation or handling of a
6firearm or airgun while the person has
an a prohibited alcohol concentration
of 0.1
7or more.
SB75, s. 31
8Section
31. 940.25 (1) (bm) of the statutes is amended to read:
SB75,7,129
940.25
(1) (bm) Causes great bodily harm to another human being by the
10operation of a commercial motor vehicle while the person has an alcohol
11concentration of 0.04 or more but less than
0.1 the minimum prohibited alcohol
12concentration.
SB75, s. 32
13Section
32. 949.08 (2) (em) of the statutes is amended to read:
SB75,7,2114
949.08
(2) (em) Is an adult passenger in the offender's commercial motor
15vehicle and the crime involved is specified in s. 346.63 (6) or 940.25 and the passenger
16knew the offender was under the influence of an intoxicant, a controlled substance,
17a controlled substance analog or any combination of an intoxicant, controlled
18substance and controlled substance analog, or had an alcohol concentration of 0.04
19or more but less than
0.1 the minimum prohibited alcohol concentration. This
20paragraph does not apply if the victim is also a victim of a crime specified in s. 940.30,
21940.305, 940.31 or 948.30.
SB75, s. 33
22Section
33. 967.055 (1) (b) of the statutes is amended to read:
SB75,8,523
967.055
(1) (b) The legislature intends to encourage the vigorous prosecution
24of offenses concerning the operation of motorboats by persons under the influence of
25an intoxicant, a controlled substance, a controlled substance analog or any
1combination of an intoxicant, controlled substance and controlled substance analog
2to a degree which renders him or her incapable of operating a motorboat safely, or
3under the combined influence of an intoxicant and any other drug to a degree which
4renders him or her incapable of operating a motorboat safely or having
an a
5prohibited alcohol concentration
of 0.1 or more, as defined in s. 340.01 (46m).
SB75,8,107
(1) This act first applies to offenses committed on the effective date of this
8subsection, but does not preclude the counting of other offenses as prior offenses for
9purposes of administrative action by the department of transportation, sentencing
10by a court or suspending or revoking a person's operating privilege.