SB125: Bill Text Engrossed

SB125-engrossed, s. 56j Section 56j. 346.65 (6) (a) 1. of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

SB125-engrossed,21,16 346.65 (6) (a) 1. The court may order a law enforcement officer to seize the motor vehicle used in the violation or improper refusal and owned by the person, 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) or (2) (a) 1. or 2., 940.09 (1) (a), (b), (c) or (d) or 940.25 (1) (a), (b), (c) or (d) if the person whose operating privilege is revoked under s. 343.305 (10) or who is convicted of the violation has 2 or more prior suspensions, revocations or convictions that would be counted under s. 343.307 (1). The court may not order a motor vehicle seized, 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.

SB125-engrossed, s. 57 Section 57. 346.65 (6) (a) 2. of the statutes is repealed.

SB125-engrossed, s. 58 Section 58. 346.65 (6) (a) 2m. of the statutes is amended to read:

SB125-engrossed,22,12 346.65 (6) (a) 2m. A person who owns a motor vehicle subject to seizure, equipping with an ignition interlock device or immobilization under this paragraph shall surrender to the clerk of circuit court the certificate of title issued under ch. 342 for every the motor vehicle owned by the person that is subject to seizure. The person shall comply with this subdivision within 5 working days after receiving notification of this requirement from the district attorney. When a district attorney receives a copy of a notice of intent to revoke the operating privilege under s. 343.305 (9) (a) of a person who has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), or when a district attorney notifies the department of the filing of a criminal complaint against a person under s. 342.12 (4) (a), the district attorney shall notify the person of the requirement to surrender all certificates the certificate of title to the clerk of circuit court. The notification shall include the time limits for that surrender, the penalty for failure to comply with the requirement and the address of the clerk of circuit court. The clerk of circuit court shall promptly return each the certificate of title surrendered to the clerk of circuit court under this subdivision after stamping the certificate of title with the notation "Per section 346.65 (6) of the Wisconsin statutes, ownership of this motor vehicle may not be transferred without prior court approval". Any person failing to surrender a certificate of title as required under this subdivision shall forfeit not more than $500.

SB125-engrossed, s. 59 Section 59. 346.65 (6) (a) 3. of the statutes is amended to read:

SB125-engrossed,22,24 346.65 (6) (a) 3. The court shall notify the department, in a form and manner prescribed by the department, that an order to equip a motor vehicle with an ignition interlock device, to immobilize a motor vehicle or to seize a motor vehicle has been entered. The registration records of the department shall reflect that the order has been entered against the vehicle and remains unexecuted. Any law enforcement officer may execute that order and shall transfer any motor vehicle ordered seized to the law enforcement agency that was originally ordered to seize the vehicle based on the information provided by the department. The law enforcement agency shall notify the department when an order has been executed under this subdivision and the department shall amend its vehicle registration records to reflect that notification.

SB125-engrossed, s. 60 Section 60. 346.65 (6) (b) of the statutes is amended to read:

SB125-engrossed,23,9 346.65 (6) (b) Within 10 days after seizing or immobilizing a motor vehicle under par. (a), the law enforcement agency that seized or immobilized the vehicle shall provide notice of the seizure or immobilization by certified mail to the owner of the motor vehicle and to all lienholders of record. The notice shall set forth the year, make, model and serial number of the motor vehicle, where the motor vehicle is located, the reason for the seizure or immobilization, and the forfeiture procedure if the vehicle was seized. When a motor vehicle is seized under this section, the law enforcement agency that seized the vehicle shall place the motor vehicle in a secure place subject to the order of the court.

SB125-engrossed, s. 61 Section 61. 346.65 (6) (c) of the statutes is amended to read:

SB125-engrossed,23,21 346.65 (6) (c) The district attorney of the county where the motor vehicle was seized, or where the owner improperly refused to take the test under s. 343.305 or violated s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09 (1) (a), (b), (c) or (d) or 940.25 (1) (a), (b), (c) or (d), shall commence an action to forfeit the motor vehicle within 30 days after the motor vehicle is seized. The action shall name the owner of the motor vehicle and all lienholders of record as parties. The forfeiture action shall be commenced by filing a summons, complaint and affidavit of the law enforcement agency with the clerk of circuit court. Upon service of an answer, the action shall be set for hearing within 60 days after the service of the answer. If no answer is served or no issue of law or fact joined and the time for that service or joining of issues has expired, the court may render a default judgment as provided in s. 806.02.

SB125-engrossed, s. 62 Section 62. 346.65 (6) (d) of the statutes is amended to read:

SB125-engrossed,24,8 346.65 (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 seized under par. (a) 1. is a motor vehicle used in the violation or the improper refusal and 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), (b), (c) or (d) or 940.25 (1) (a), (b), (c) or (d) and, if the seizure is under par. (a) 1., that the person had 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1) or, if the seizure is under par. (a) 2., 3 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1). If the,, (c) or (d),, (c) or (d) state fails to meet the burden of proof required under this paragraph, the motor vehicle shall be returned to the owner upon the payment of storage costs.

SB125-engrossed, s. 62b Section 62b. 346.65 (6) (f) of the statutes is amended to read:

SB125-engrossed,24,14 346.65 (6) (f) If a motor vehicle forfeited and sold under this subsection is owned in whole or in part by a person other than the person who committed the violation or refusal under par. (a), any moneys remaining from the sale, after making any payment to the lienholders under par. (em) and as provided in par. (e) 1. to 4., shall be paid to that person to the extent of the person's interest in the motor vehicle.

SB125-engrossed, s. 62d Section 62d. 346.65 (6) (k) of the statutes is amended to read:

SB125-engrossed,24,23 346.65 (6) (k) Except as provided in par. (km), no person may transfer ownership of any motor vehicle that is subject to immobilization or seizure or to equipping with an ignition interlock device under this subsection or make application for a new certificate of title under s. 342.18 for the motor vehicle unless the court determines that the transfer is in good faith and not for the purpose of or with the effect of defeating the purposes of this subsection. The department may cancel a title or refuse to issue a new certificate of title in the name of the transferee as owner to any person who violates this paragraph.

SB125-engrossed, s. 62f Section 62f. 346.65 (6) (km) of the statutes is amended to read:

SB125-engrossed,25,9 346.65 (6) (km) If a person purchases a motor vehicle in good faith and without knowledge that the motor vehicle was subject to immobilization or seizure or to equipping with an ignition interlock device under this subsection and the department has no valid reason for not issuing a certificate of title other than the prohibition under par. (k), the department shall issue a new certificate of title in the name of the person requesting the new certificate of title if at the time of the purchase of the motor vehicle the certificate of title did not contain the notation stamped on the certificate of title by the clerk of circuit court under par. (a) 2m. and if the person submits the affidavit required under s. 342.12 (4) (c) 1. c.

SB125-engrossed, s. 62h Section 62h. 346.65 (6) (m) of the statutes is repealed.

SB125-engrossed, s. 63 Section 63. 346.655 (1) of the statutes is amended to read:

SB125-engrossed,25,17 346.655 (1) On or after July 1, 1988, if 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 (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 $345 in addition to the fine or forfeiture, penalty assessment, jail assessment and crime laboratories and drug law enforcement assessment.

SB125-engrossed, s. 64 Section 64. 346.655 (2) (a) of the statutes is amended to read:

SB125-engrossed,25,22 346.655 (2) (a) Except as provided in par. (b), the clerk of court shall collect and transmit the amount under sub. (1) to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment of 37.6% 38.5% of the amount to the state treasurer as provided in s. 59.25 (3) (f) 2.

SB125-engrossed, s. 65 Section 65. 346.655 (2) (b) of the statutes is amended to read:

SB125-engrossed,26,3 346.655 (2) (b) If the forfeiture is imposed by a municipal court, the court shall transmit the amount to the treasurer of the county, city, town or village, and that treasurer shall make payment of 37.6% 38.5% of the amount to the state treasurer as provided in s. 66.12 (1) (b). The treasurer of the city, town or village shall transmit the remaining 62.4% 61.5% of the amount to the treasurer of the county.

SB125-engrossed, s. 67 Section 67. 346.93 (2f) of the statutes is created to read:

SB125-engrossed,26,6 346.93 (2f) Except as provided in sub. (2g), any person violating this section may have his or her operating privilege suspended under s. 343.30 (6) (b) 1.

SB125-engrossed, s. 68 Section 68. 346.93 (2g) of the statutes is created to read:

SB125-engrossed,26,9 346.93 (2g) Any person violating this section may be required to forfeit not less than $20 nor more than $400 and shall have his or her operating privilege:

SB125-engrossed,26,11 (a) For a violation committed within 12 months of one previous violation, suspended under s. 343.30 (6) (b) 2.

SB125-engrossed,26,13 (b) For a violation committed within 12 months of 2 or more previous violations, suspended under s. 343.30 (6) (b) 3.

SB125-engrossed, s. 69 Section 69. 346.95 (2) of the statutes is amended to read:

SB125-engrossed,26,16 346.95 (2) Any person violating s. 346.89 (1), 346.93 or 346.94 (2), (4) or (7) may be required to forfeit not less than $20 nor more than $400.

SB125-engrossed, s. 70 Section 70. 347.413 (1) of the statutes is amended to read:

SB125-engrossed,26,23 347.413 (1) No person may remove, disconnect, tamper with or otherwise circumvent the operation of an ignition interlock device installed in response to the court order under s. 346.65 (6), 1997 stats., or s. 343.301 (1). 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 necessary repairs to a malfunctioning ignition interlock device by a person authorized by the department.

SB125-engrossed, s. 71 Section 71. 347.413 (2) of the statutes is repealed.

SB125-engrossed, s. 72 Section 72. 347.417 (1) of the statutes is amended to read:

SB125-engrossed,27,5 347.417 (1) No person may remove, disconnect, tamper with or otherwise circumvent the operation of any immobilization device installed in response to a court order under s. 346.65 (6), 1997 stats., or s. 343.301 (2). This subsection does not apply to the removal of an immobilization device pursuant to a court order or to necessary repairs to a malfunctioning immobilization device.

SB125-engrossed, s. 73 Section 73. 347.417 (2) of the statutes is amended to read:

SB125-engrossed,27,11 347.417 (2) The department shall design a warning label which shall be affixed by the owner of each immobilization device before the device is used to immobilize any motor vehicle under s. 346.65 (6) 343.301 (2). The label shall provide notice of the penalties for removing, disconnecting, tampering with or otherwise circumventing the operation of the immobilization device.

SB125-engrossed, s. 77m Section 77m. 800.03 (4) of the statutes is amended to read:

SB125-engrossed,27,18 800.03 (4) Notwithstanding sub. (1), a court appearance is may be required by a municipality for a violation of a local ordinance in conformity with s. 346.63 (1). If a person fails to make a required appearance under this subsection and the judge issues an arrest warrant, the law enforcement agency which filed or transmitted the uniform traffic citation shall file a detailed description of the warrant with the department of justice.

SB125-engrossed, s. 80 Section 80. 938.344 (2) (b) of the statutes is amended to read:

SB125-engrossed,28,2 938.344 (2) (b) For a violation committed within 12 months of a one previous violation, a forfeiture of not more than $100, suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 2. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g). In addition, the juvenile's operating privilege may be suspended as provided under s. 343.30 (6) (b) 2., except that if the violation of s. 125.07 (4) (b) involved a motor vehicle the juvenile's operating privilege shall be suspended as provided under s. 343.30 (6) (b) 2.

SB125-engrossed, s. 81 Section 81. 938.344 (2) (c) of the statutes, as affected by 1997 Wisconsin Act 84, is amended to read:

SB125-engrossed,28,12 938.344 (2) (c) For a violation committed within 12 months of 2 or more previous violations, a forfeiture of not more than $500, suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 3. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g). In addition, the juvenile's operating privilege may be suspended as provided under s. 343.30 (6) (b) 3., except that if the violation of s. 125.07 (4) (b) involved a motor vehicle the juvenile's operating privilege shall be suspended as provided under s. 343.30 (6) (b) 3.

SB125-engrossed, s. 82 Section 82. 938.344 (2b) (b) of the statutes is amended to read:

SB125-engrossed,28,21 938.344 (2b) (b) For a violation committed within 12 months of a one previous violation, a forfeiture of not less than $300 nor more than $500, suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 2. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g). In addition, the juvenile's operating privilege may be suspended as provided under s. 343.30 (6) (b) 2., except that if the violation involved a motor vehicle the juvenile's operating privilege shall be suspended as provided under s. 343.30 (6) (b) 2.

SB125-engrossed, s. 83 Section 83. 938.344 (2b) (c) of the statutes, as affected by 1997 Wisconsin Act 84, is amended to read:

SB125-engrossed,29,5 938.344 (2b) (c) For a violation committed within 12 months of 2 or more previous violations, a forfeiture of $500, suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 3. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g). In addition, the juvenile's operating privilege may be suspended as provided under s. 343.30 (6) (b) 3., except that if the violation involved a motor vehicle the juvenile's operating privilege shall be suspended as provided under s. 343.30 (6) (b) 3.

SB125-engrossed, s. 84 Section 84. 940.09 (1d) of the statutes is renumbered 940.09 (1d) (b) and amended to read:

SB125-engrossed,29,13 940.09 (1d) (b) If the person who committed an offense under sub. (1) (a), (b), (c) or (d) has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), the procedure under s. 346.65 (6) may shall be followed regarding the immobilization or if the court orders the seizure and forfeiture of a motor vehicle owned by the person who committed the offense or the equipping of a motor vehicle owned by the person with an ignition interlock device.

SB125-engrossed, s. 85 Section 85. 940.09 (1d) (a) of the statutes is created to read:

SB125-engrossed,29,19 940.09 (1d) (a) If a person who committed an offense under sub. (1) (a), (b), (c) or (d) has one or more convictions, suspensions or revocations, as counted under s. 343.307 (1), the procedure under s. 343.301 shall be followed if the court orders the equipping of a motor vehicle owned by the person with an ignition interlock device or the immobilization of the motor vehicle.

SB125-engrossed, s. 86 Section 86. 940.25 (1d) of the statutes is renumbered 940.25 (1d) (b) and amended to read:

SB125-engrossed,30,2 940.25 (1d) (b) If the person who committed the offense under sub. (1) (a), (b), (c) or (d) has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), the procedure under s. 346.65 (6) may shall be followed regarding the immobilization or if the court orders the seizure and forfeiture of a motor vehicle owned by the person who committed the offense or the equipping of a motor vehicle owned by the person with an ignition interlock device.

SB125-engrossed, s. 87 Section 87. 940.25 (1d) (a) of the statutes is created to read:

SB125-engrossed,30,8 940.25 (1d) (a) If a person who committed an offense under sub. (1) (a), (b), (c) or (d) has one or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), the procedure under s. 343.301 shall be followed if the court orders the the equipping of a motor vehicle owned by the person with an ignition interlock device or the immobilization of the motor vehicle.

SB125-engrossed, s. 88 Section 88 . Nonstatutory provisions.

SB125-engrossed,30,21 (1) The departments of corrections, health and family services and transportation shall jointly study and evaluate the desirability of using treatment programs and other alternatives to incarceration as a way to reduce the length of incarceration or the need for incarceration of persons convicted of a 2nd or subsequent violation of operating a motor vehicle while under the influence on an intoxicant, controlled substance or other drug. The departments shall consult with the counties regarding this study and evaluation. No later than the first day of the 9th month beginning after the effective date of this subsection, the departments shall jointly submit a report to the legislature in the manner provided under section 13.172 (2) of the statutes that contains the conclusions of the departments' study and evaluation and any recommendations concerning implementation of the conclusions.

SB125-engrossed,31,7 (2) The department of transportation and the department of health and family services shall study jointly and evaluate the effectiveness of using ignition interlock devices and vehicle immobilization as methods of reducing the prevalence of drunk driving and the recidivism of drunk-driving offenders. The departments shall consult with the counties, the law enforcement agencies, the courts and the providers of services to alcohol abusers regarding this study and evaluation. No later than the first day of the 24th month beginning after the effective date of section 343.301 of the statutes, as created in this act, the department shall submit a report to the legislature in the manner provided under section 13.172 (2) of the statutes that contains the conclusions of the departments' study and evaluation and any recommendations concerning implementation of the conclusions.

SB125-engrossed,31,13 (3) The department of transportation shall submit in proposed form the rules required under section 110.10 of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statues no later than February 1, 2001, and shall promulgate the rules no later than November 30, 2001, unless action by the legislature under chapter 227 of the statutes prevents the department from meeting this deadline.

SB125-engrossed, s. 89 Section 89. Appropriation changes.

SB125-engrossed,31,20 (1) Pretrial intoxicated driver intervention grants. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of transportation under section 20.395 (5) (jr) of the statutes, as affected by the acts of 1999, the dollar amount is increased by $314,700 for fiscal year 2000-01 to provide additional funding for grants under the pretrial intoxicated driver intervention grant program.

SB125-engrossed, s. 90 Section 90 . Initial applicability.

SB125-engrossed,32,2 (1) Mandatory operating privilege suspensions. The treatment of sections 125.07 (4) (bs) 2., 3. and 4., (c) 2., 3. and 4. and (e) 2. (intro.), 343.30 (6) (b) (intro.), 346.93 (2g), 346.95 (2) and 938.344 (2) (b) and (c) and (2b) (b) and (c) of the statutes first applies to violations committed on the effective date of this subsection, but does not preclude the counting of other violations as prior violations for sentencing a person or for suspending or revoking a person's operating privilege.

SB125-engrossed,32,11 (2) Intoxicated driver programs. The treatment of sections 340.01 (46m) (b) and (c), 343.23 (2) (b), 343.30 (1q) (b) 3., 343.305 (10) (b) 3. and 5., 343.31 (3) (bm) 3. and 5., 346.63 (2m), 346.65 (2) (b), (c), (d), (e) and (g), (2c), (2e), (2g) (a), (ag), (b) and (c), (2j) (b) and (2w) of the statutes first applies to violations committed or refusals occurring 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, sentencing by a court or determining the prohibited alcohol concentration.

SB125-engrossed,32,20 (3) Ignition interlock and immobilization. The treatment of sections 342.12 (4) (a), (b) and (c) 1. (intro.), 343.10 (5) (a) 3., 343.301, 343.305 (10m), 346.65 (6) (a) 1. (by Section 56j), 2m. and 3. and (b), (d), (k), (km) and (m), 347.413 (1) and (2), 347.417 (1) and (2), 940.09 (1d) (a) and 940.25 (1d) (a) of the statutes and the renumbering of sections 940.09 (1d) and 940.25 (1d) of the statutes first apply to violations committed or refusals occurring 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.

SB125-engrossed,32,24 (4) Intoxicated driver improvement surcharge. The treatment of sections 20.395 (5) (ek), 20.435 (6) (hx) and 346.655 (1) and (2) (a) and (b) of the statutes first applies to intoxicated driver improvement surcharges imposed for violations committed on the effective date of this subsection.

SB125-engrossed,33,7 (5) Municipal court appearance and seizure of motor vehicle. The treatment of sections 346.65 (6) (a) 1. (by Section 56g) and 2., (c), (d) and (f) and 800.03 (4) of the statutes first applies to violations committed or refusals occurring 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.

SB125-engrossed, s. 91 Section 91. Effective dates. This act takes effect on January 1, 2001, except as follows:

SB125-engrossed,33,11 (1) The treatment of section 110.10 (10) of the statutes and Section 88 (3 ) of this act take effect on October 1, 2000.

SB125-engrossed,33,16 (2) The treatment of sections 342.12 (4) (a), (b) and (c) 1. (intro.), 343.10 (5) (a) 3., 343.301, 343.305 (10m), 346.65 (6) (a) 1. (by Section 56j), 2m. and 3. and (b), (k), (km) and (m), 347.413 (1) and (2), 347.417 (1) and (2), 940.09 (1d) (a) and 940.25 (1d) (a) of the statutes, the renumbering of sections 940.05 (1d) and 940.25 (1d) of the statutes and Section 90 (3) of this act take effect on January 1, 2002.

SB125-engrossed,33,19 (3) The treatment of sections 346.65 (6) (a) 1. (by Section 56g) and 2., (c), (d) and (f) and 800.03 (4) of the statutes and Section 90 (5 ) of this act take effect on the first day of the 2nd month beginning after publication.

SB125-engrossed,33,20 (End)