AB221: Bill Text

1999 Assembly BILL 221

March 16, 1999 - Introduced by Representatives Stone, Foti, Ladwig, Ward, Ziegelbauer, Klusman, Owens, Staskunas, Kelso, Leibham, Urban, Vrakas, Goetsch, Hutchison and Kreibich, cosponsored by Senators Shibilski, Roessler, Drzewiecki, Huelsman and Darling. Referred to Committee on Highway Safety.

AB221,2,10 An Act to repeal 346.65 (6) (a) 2.; to renumber 343.305 (10m), 940.09 (1d) and 940.25 (1d); to renumber and amend 343.10 (6), 343.21 (1) (j) and 346.65 (6) (a) 1.; to amend 125.07 (4) (bs), 125.07 (4) (c), 125.07 (4) (e) 2. (intro.), 340.01 (46m) (b), 342.12 (4) (a), 342.12 (4) (c) 1. (intro.), 343.10 (5) (a) 3., 343.30 (1q) (b) 3., 343.30 (1q) (b) 4., 343.30 (6) (b), 343.305 (10) (b) 3., 343.305 (10) (b) 4., 343.31 (3) (bm) 3., 343.31 (3) (bm) 4., 343.31 (3) (c), 343.31 (3) (e), 343.31 (3) (f), 346.65 (2) (b), 346.65 (2) (c), 346.65 (2) (d), 346.65 (2) (e), 346.65 (2e), 346.65 (2g) (a), 346.65 (6) (a) 2m., 346.65 (6) (c), 346.65 (6) (d), 346.95 (2), 938.344 (2) (intro.), 938.344 (2) (c), 938.344 (2b), 938.344 (2d) (c) and 971.17 (1); to create 20.395 (5) (er), 85.55, 340.01 (46m) (c), 343.10 (6) (b), 343.21 (1) (j) 2., 343.30 (1q) (b) 4p., 343.305 (10m) (a), 343.31 (3) (bm) 4p., 346.65 (2) (g), 346.65 (6) (a) 1d., 346.93 (2g), 940.09 (1d) (a), 940.25 (1c) and 940.25 (1d) (a) of the statutes; and to affect 1997 Wisconsin Act 84, section 2, 1997 Wisconsin Act 84, section 3, 1997 Wisconsin Act 84, section 4, 1997 Wisconsin Act 84, section 5, 1997 Wisconsin Act 84, section 30, 1997 Wisconsin Act 84, section 31, 1997 Wisconsin Act 84, section 160, 1997 Wisconsin Act 84, section 161 and 1997 Wisconsin Act 84, section 162; relating to: operating a motor vehicle while under the influence of an intoxicant or drugs, or both; installation of an ignition interlock device in cases involving intoxicated operation of a motor vehicle; seizure of motor vehicles for offenses related to driving while under the influence of an intoxicant; the prohibited alcohol concentration related to operating a motor vehicle while under the influence of an intoxicant; creating a safe-ride grant program; certain alcohol beverage offenses committed by persons under the legal drinking age; making an appropriation; and providing penalties.

Analysis by the Legislative Reference Bureau

Seizure of vehicles

Under current law, if a person is convicted of operating a motor vehicle while under the influence of an intoxicant or controlled substance (OWI), including the improper refusal to submit to a test to determine if he or she operated a motor vehicle while having a prohibited blood alcohol level, and the person has two or more prior OWI-related convictions, suspensions or revocations within a ten-year period, a vehicle owned by that person may be seized and subject to forfeiture.

Current law requires the court, if the court does not order a motor vehicle seized in this situation, to order a law enforcement officer to immobilize or equip with an ignition interlock device a motor vehicle owned by the person. Under current law, if a person is convicted of OWI or refuses to submit to a test to determine his or her blood alcohol concentration and the person has three or more prior OWI-related convictions, suspensions or revocations, the court is required to order a law enforcement officer to seize a motor vehicle owned by the person.

This bill allows a court to order that a vehicle owned by a person convicted of a first OWI offense be equipped with an ignition interlock device. The bill removes the requirement that the court order a law enforcement officer to seize a motor vehicle owned by a person who is convicted of OWI or refuses to submit to a test to determine his or her blood alcohol concentration when the person has three or more prior OWI-related convictions, suspensions or revocations. The court continues to have the option of ordering the seizure of a motor vehicle, but the court is not required to order the seizure under this bill.

Under current law, the district attorney of the county where the motor vehicle was seized is required to bring the action to forfeit the seized motor vehicle. This bill allows that district attorney or the district attorney of the county where the violator was convicted to bring that action.

Blood alcohol concentration

Under current law, a person who has one or no prior OWI convictions, suspensions or revocations is prohibited from operating a motor vehicle if the alcohol concentration in the person's blood is 0.1 or more.

Current law prohibits a person who has two or more OWI convictions, suspensions or revocations from operating a motor vehicle if the alcohol concentration in the person's blood is 0.08 or more.

This bill prohibits a person who has three or more OWI convictions, suspensions or revocations from operating a motor vehicle if the alcohol concentration in the person's blood is more than 0.02.

Safe-ride grant program

The bill also creates a safe-ride grant program, administered by DOT, to award grants to any city, village, town or county for costs associated with transporting intoxicated persons from any premises licensed to sell alcohol beverages to their places of residence. Grants are limited to 50% of the cost of providing the service and are funded with revenues received from the increased occupational license fee and from the applicable $30 increase in the fee to reinstate an operating privilege.

Increased imprisonment for OWI offenses

This bill increases the mandatory minimum imprisonment for persons convicted of an OWI offense from five days to 30 days for the second offense, 30 days to 60 days for the third offense and 60 days to 120 days for the fourth offense.

Increased penalties for high blood alcohol concentration

Under current law, the penalties for an OWI offense increase based on the number of prior OWI offenses that the person has committed. This bill doubles whatever penalty a person who has a second or subsequent OWI offense is subject to for the current OWI offense if the person's blood alcohol concentration is from 0.15 to 0.199. The bill triples the appropriate penalty if the person's blood alcohol concentration is from 0.20 to 0.249 and quadruples the appropriate penalty if the person's blood alcohol concentration is 0.25 or above. These penalty increases do not apply to homicide by intoxicated use of a vehicle. The maximum penalty for that offense is currently 40 years imprisonment and will become 60 years imprisonment on December 31, 1999.

Mandatory operating privilege suspension

Current law prohibits any person under 21 years of age (underage person) from knowingly possessing or consuming alcohol beverages, from procuring or attempting to procure alcohol beverages, from entering or attempting to enter premises licensed to sell alcohol beverages and from falsely representing his or her age for the purpose of receiving alcohol beverages. An underage person who violates these prohibitions may have his or her operating privilege suspended, may be required to pay a forfeiture or may be required to participate in a supervised work program or other community service work, or any combination of these penalties. The underage person's operating privilege may be suspended for varying periods depending upon the number of prior alcohol beverage offenses he or she committed within the previous 12 months, as follows:

1. For a first violation, suspension for not less than 30 days nor more than 90 days.

2. For a second violation, suspension for not more than one year.

3. For a third or subsequent violation, suspension for not more than two years.

This bill increases the operating privilege penalties that apply to certain alcohol beverage violations committed by an underage person. The bill makes mandatory the suspension of an underage person's operating privilege for violating the prohibitions described above and increases the period of suspension as follows:

1. For a first violation, suspension for not less than six months nor more than one year.

2. For a second violation committed within one year, suspension for not less than one year nor more than 18 months.

3. For a third or subsequent violation committed within one year, suspension for not less than two years nor more than five years.

Also under current law, with exceptions, no underage person may knowingly possess, transport or control any alcohol beverages in a motor vehicle. An underage person who violates these prohibitions may be required to forfeit not less than $20 nor more than $400 but, except for violations involving a commercial motor vehicle, is not subject to any action against his or her operating privilege. This bill makes mandatory the suspension of the underage person's operating privilege for the same longer periods that apply to the underage alcohol beverage offenses described above.

Finally, the bill eliminates the current authority of a court to stay or modify an operating privilege suspension ordered for certain alcohol beverage violations committed by an underage person who is at least 17 years of age.

Other

For further information see the state and local 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:

AB221, s. 1 Section 1. 20.395 (5) (er) of the statutes is created to read:

AB221,4,4 20.395 (5) (er) Safe-ride grant program, state funds. All moneys received under ss. 343.10 (6) (b) and 343.21 (1) (j) 2. that are credited to this appropriation, for grants under s. 85.55.

AB221, s. 2 Section 2. 85.55 of the statutes is created to read:

AB221,5,7 85.55 Safe-ride grant program. The department may award grants to any county or municipality to cover the costs of transporting persons suspected of having a prohibited alcohol concentration, as defined in s. 340.01 (46m), from any premises licensed under ch. 125 to sell alcohol beverages to their places of residence. The amount of a grant under this section may not exceed 50% of the costs necessary to provide the service. Grants awarded under this section shall be paid from the appropriation under s. 20.395 (5) (er).

AB221, s. 3 Section 3. 125.07 (4) (bs) of the statutes is amended to read:

AB221,5,10 125.07 (4) (bs) Any person violating par. (a) is subject to the following penalties shall be penalized as follows:

AB221,5,15 1. For a first violation, the person's operating privilege shall be suspended under s. 343.30 (6) (b) 1. In addition, the person is subject to a forfeiture of not less than $250 nor more than $500, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 1., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB221,5,21 2. For a violation committed within 12 months of a previous violation, the person's operating privilege shall be suspended under s. 343.30 (6) (b) 2. In addition, the person is subject to either a forfeiture of not less than $300 nor more than $500, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 2., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB221,6,2 3. For a violation committed within 12 months of 2 previous violations, the person's operating privilege shall be suspended under s. 343.30 (6) (b) 3. In addition, the person is subject to either a forfeiture of not less than $500 nor more than $750, revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB221,6,8 4. For a violation committed within 12 months of 3 or more previous violations, the person's operating privilege shall be suspended under s. 343.30 (6) (b) 3. In addition, the person is subject to either a forfeiture of not less than $750 nor more than $1,000, revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB221, s. 4 Section 4. 125.07 (4) (c) of the statutes is amended to read:

AB221,6,11 125.07 (4) (c) Any person violating par. (b) is subject to the following penalties shall be penalized as follows:

AB221,6,16 1. For a first violation, the person's operating privilege shall be suspended under s. 343.30 (6) (b) 1. In addition, the person is subject to a forfeiture of not less than $100 nor more than $200, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 1., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB221,6,22 2. For a violation committed within 12 months of a previous violation, the person's operating privilege shall be suspended under s. 343.30 (6) (b) 2. In addition, the person is subject to either a forfeiture of not less than $200 nor more than $300, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 2., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB221,7,3 3. For a violation committed within 12 months of 2 previous violations, the person's operating privilege shall be suspended under s. 343.30 (6) (b) 3. In addition, the person is subject to either a forfeiture of not less than $300 nor more than $500, revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB221,7,9 4. For a violation committed within 12 months of 3 or more previous violations, the person's operating privilege shall be suspended under s. 343.30 (6) (b) 3. In addition, the person is subject to either a forfeiture of not less than $500 nor more than $1,000, revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB221, s. 5 Section 5. 125.07 (4) (e) 2. (intro.) of the statutes is amended to read:

AB221,7,16 125.07 (4) (e) 2. (intro.) After ordering a penalty under par. (bs) or (c), the court, with the agreement of the defendant, may enter an additional order staying the execution of the penalty order and suspending or modifying the penalty imposed, except that the court may not stay, suspend or modify the suspension of a person's operating privilege required under par. (bs) or (c). The order under this subdivision shall require the defendant to do any of the following:

AB221, s. 6 Section 6. 340.01 (46m) (b) of the statutes is amended to read:

AB221,7,19 340.01 (46m) (b) If the person has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), an alcohol concentration of 0.08 or more.

AB221, s. 7 Section 7. 340.01 (46m) (c) of the statutes is created to read:

AB221,7,23 340.01 (46m) (c) If the person has 3 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), an alcohol concentration of more than 0.02.

AB221, s. 8 Section 8. 342.12 (4) (a) of the statutes is amended to read:

AB221,8,8 342.12 (4) (a) The district attorney shall notify the department when he or she files a criminal complaint against a person who has been arrested for violating s. 346.63 (1) or (2), 940.09 (1) or 940.25 and who has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1). Except as provided under par. (c), the department may not issue a certificate of title transferring ownership of any motor vehicle owned by the person upon receipt of a notice under this subsection until the court assigned to hear the criminal complaint issues an order permitting the department to issue a certificate of title.

AB221, s. 9 Section 9. 342.12 (4) (c) 1. (intro.) of the statutes is amended to read:

AB221,8,15 342.12 (4) (c) 1. (intro.) The department shall issue a certificate of title transferring ownership of a motor vehicle that was owned by a person who has received a notice of intent to revoke the person's operating privilege under s. 343.305 (9) (a) or has been arrested for violating s. 346.63 (1) or (2), 940.09 (1) or 940.25 and who has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), if all of the following conditions are met:

AB221, s. 10 Section 10. 343.10 (5) (a) 3. of the statutes is amended to read:

AB221,9,5 343.10 (5) (a) 3. If the applicant has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), the The occupational license of the applicant shall restrict the applicant's operation under the occupational license to vehicles that are equipped with a functioning ignition interlock device if the court has ordered under s. 346.65 (6) (a) 1. 1d. or 1g. that a motor vehicle owned by the person be equipped with an ignition interlock device. A person to whom a restriction under this subdivision applies violates that restriction if he or she requests or permits another to blow into an ignition interlock device or to start a motor vehicle equipped with an ignition interlock device for the purpose of providing the person an operable motor vehicle without the necessity of first submitting a sample of his or her breath to analysis by the ignition interlock device. If the occupational license restricts the applicant's operation to a vehicle that is equipped with an ignition interlock device, the applicant shall be liable for the reasonable costs of equipping the vehicle with the ignition interlock device.

AB221, s. 11 Section 11. 343.10 (6) of the statutes is renumbered 343.10 (6) (a) and amended to read:

AB221,9,10 343.10 (6) (a) No Except as provided in par. (b), no person may file an application for an occupational license under sub. (1) unless he or she first pays a fee of $40 to the department.

AB221, s. 12 Section 12. 343.10 (6) (b) of the statutes is created to read:

AB221,9,16 343.10 (6) (b) No person whose operating privilege is restricted to operating only vehicles equipped with an ignition interlock device may file an application for an occupational license under sub. (1) unless he or she first pays a fee of $70 to the department. Forty-three percent of the fees collected under this paragraph shall be credited to the appropriation account under s. 20.395 (5) (er).

AB221, s. 13 Section 13. 343.21 (1) (j) of the statutes is renumbered 343.21 (1) (j) 1. and amended to read:

AB221,9,20 343.21 (1) (j) 1. For Except as provided in subd. 2., for reinstatement of an operating privilege previously revoked or suspended, $50.

AB221, s. 14 Section 14. 343.21 (1) (j) 2. of the statutes is created to read:

AB221,9,25 343.21 (1) (j) 2. For reinstatement of an operating privilege previously revoked or suspended, $80 if the person's operating privilege is restricted under s. 343.38 (5) to operating vehicles equipped with an ignition interlock device and the person has not paid a fee under s. 343.10 (6) (b) within the past 2 years. Thirty-eight percent of the fees collected under this subdivision shall be credited to the appropriation under s. 20.395 (5) (er).

AB221, s. 15 Section 15. 343.30 (1q) (b) 3. of the statutes is amended to read:

AB221,10,9 343.30 (1q) (b) 3. Except as provided in subd. 4m. or 4p., if the number of convictions, suspensions and revocations within a 10-year period equals 2, the court shall revoke the person's operating privilege for not less than one year nor more than 18 months. After the first 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 ordered under par. (c).

AB221, s. 16 Section 16. 343.30 (1q) (b) 4. of the statutes is amended to read:

AB221,10,16 343.30 (1q) (b) 4. Except as provided in subd. 4m. or 4p., if the number of convictions, suspensions and revocations equals 3 or more, the court shall revoke the person's operating privilege for not less than 2 years nor more than 3 years. After the first 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 ordered under par. (c).

AB221, s. 17 Section 17. 343.30 (1q) (b) 4p. of the statutes is created to read:

AB221,11,2 343.30 (1q) (b) 4p. If he or she had an alcohol concentration of 0.15 to 0.199, the applicable minimum and maximum suspension or revocation periods under subd. 3. or 4. for the conviction are doubled. If the person convicted under s. 346.63 (1) or a local ordinance in conformity with s. 346.63 (1) had an alcohol concentration of 0.20 to 0.249, the applicable minimum and maximum suspension or revocation periods under subd. 3. or 4. for the conviction are tripled. If the person convicted under s. 346.63 (1) or a local ordinance in conformity with s. 346.63 (1) had an alcohol concentration of 0.25 or above, the applicable minimum and maximum suspension or revocation periods under subd. 3. or 4. for the conviction are quadrupled.

AB221, s. 18 Section 18. 343.30 (6) (b) of the statutes is amended to read:

AB221,11,6 343.30 (6) (b) If Whenever a court imposes suspension or revocation of a person's operating privilege under s. 125.07 (4) (bs) or (c) or 938.344 (2), (2b) or (2d), the suspension or revocation imposed shall be one of the following:

AB221,11,8 1. For a first violation, suspension for 30 to 90 days not less than 6 months nor more than one year.

AB221,11,10 2. For a violation committed within 12 months of a previous violation, suspension for not more less than one year nor more than 18 months.

AB221,11,12 3. For a violation committed within 12 months of 2 or more previous violations, revocation suspension for not more less than 2 years nor more than 5 years.

AB221, s. 19 Section 19. 343.305 (10) (b) 3. of the statutes is amended to read:

AB221,11,19 343.305 (10) (b) 3. Except as provided in subd. 4m., if the number of convictions, suspensions and revocations within a 10-year period equals 2, the court shall revoke the person's operating privilege for not less than 2 years nor more than 6 years. After the first 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.

AB221, s. 20 Section 20. 343.305 (10) (b) 4. of the statutes is amended to read:

AB221,12,2 343.305 (10) (b) 4. Except as provided in subd. 4m., if the number of convictions, suspensions and revocations equals 3 or more, the court shall revoke the person's operating privilege for not less than 3 years nor more than 12 years. After the first 120 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.

AB221, s. 21 Section 21. 343.305 (10m) of the statutes is renumbered 343.305 (10m) (b).