LRB-2513/1
RPN&PEN:cmh:km
1999 - 2000 LEGISLATURE
April 21, 1999 - Introduced by Senators George, Drzewiecki, Huelsman, Roessler
and Jauch, cosponsored by Representatives Plale, Staskunas, Urban,
Ziegelbauer and Ladwig. Referred to Committee on Judiciary and Consumer
Affairs.
SB125,2,10
1An Act to repeal 346.65 (6) (a) 2.;
to renumber 343.305 (10m), 940.09 (1d) and
2940.25 (1d);
to renumber and amend 343.10 (6), 343.21 (1) (j) and 346.65 (6)
3(a) 1.;
to amend 125.07 (4) (bs), 125.07 (4) (c), 125.07 (4) (e) 2. (intro.), 340.01
4(46m) (b), 342.12 (4) (a), 342.12 (4) (c) 1. (intro.), 343.10 (5) (a) 3., 343.30 (1q) (b)
53., 343.30 (1q) (b) 4., 343.30 (6) (b), 343.305 (10) (b) 3., 343.305 (10) (b) 4., 343.31
6(3) (bm) 3., 343.31 (3) (bm) 4., 343.31 (3) (c), 343.31 (3) (e), 343.31 (3) (f), 346.65
7(2) (b), 346.65 (2) (c), 346.65 (2) (d), 346.65 (2) (e), 346.65 (2e), 346.65 (2g) (a),
8346.65 (6) (a) 2m., 346.65 (6) (c), 346.65 (6) (d), 346.95 (2), 938.344 (2) (intro.),
9938.344 (2) (c), 938.344 (2b), 938.344 (2d) (c) and 971.17 (1);
to create 20.395
10(5) (er), 85.55, 340.01 (46m) (c), 343.10 (6) (b), 343.21 (1) (j) 2., 343.30 (1q) (b)
114p., 343.305 (10m) (a), 343.31 (3) (bm) 4p., 346.65 (2) (g), 346.65 (6) (a) 1d.,
12346.93 (2g), 940.09 (1d) (a), 940.25 (1c) and 940.25 (1d) (a) of the statutes; and
13to affect 1997 Wisconsin Act 84, section
2,
1997 Wisconsin Act 84, section
3,
141997 Wisconsin Act 84, section
4,
1997 Wisconsin Act 84, section
5,
1997
1Wisconsin Act 84, section
30,
1997 Wisconsin Act 84, section
31,
1997 Wisconsin
2Act 84, section
160,
1997 Wisconsin Act 84, section
161 and
1997 Wisconsin Act
384, section
162;
relating to: operating a motor vehicle while under the
4influence of an intoxicant or drugs, or both; installation of an ignition interlock
5device in cases involving intoxicated operation of a motor vehicle; seizure of
6motor vehicles for offenses related to driving while under the influence of an
7intoxicant; the prohibited alcohol concentration related to operating a motor
8vehicle while under the influence of an intoxicant; creating a safe-ride grant
9program; certain alcohol beverage offenses committed by persons under the
10legal 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 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:
SB125, s. 1
1Section
1. 20.395 (5) (er) of the statutes is created to read:
SB125,4,42
20.395
(5) (er)
Safe-ride grant program, state funds. All moneys received
3under ss. 343.10 (6) (b) and 343.21 (1) (j) 2. that are credited to this appropriation,
4for grants under s. 85.55.
SB125, s. 2
5Section
2. 85.55 of the statutes is created to read:
SB125,5,4
685.55 Safe-ride grant program. The department may award grants to any
7county or municipality to cover the costs of transporting persons suspected of having
8a prohibited alcohol concentration, as defined in s. 340.01 (46m), from any premises
1licensed under ch. 125 to sell alcohol beverages to their places of residence. The
2amount of a grant under this section may not exceed 50% of the costs necessary to
3provide the service. Grants awarded under this section shall be paid from the
4appropriation under s. 20.395 (5) (er).
SB125, s. 3
5Section
3. 125.07 (4) (bs) of the statutes is amended to read:
SB125,5,76
125.07
(4) (bs) Any person violating par. (a)
is subject to the following penalties
7shall be penalized as follows:
SB125,5,128
1. For a first violation,
the person's operating privilege shall be suspended
9under s. 343.30 (6) (b) 1. In addition, the person is subject to a forfeiture of not less
10than $250 nor more than $500,
suspension of the person's operating privilege as
11provided under s. 343.30 (6) (b) 1., participation in a supervised work program or
12other community service work under par. (cg) or any combination of these penalties.
SB125,5,1813
2. For a violation committed within 12 months of a previous violation,
the
14person's operating privilege shall be suspended under s. 343.30 (6) (b) 2. In addition,
15the person is subject to either a forfeiture of not less than $300 nor more than $500,
16suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 2., 17participation in a supervised work program or other community service work under
18par. (cg) or any combination of these penalties.
SB125,5,2419
3. For a violation committed within 12 months of 2 previous violations,
the
20person's operating privilege shall be suspended under s. 343.30 (6) (b) 3. In addition,
21the person is subject to either a forfeiture of not less than $500 nor more than $750,
22revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation
23in a supervised work program or other community service work under par. (cg) or any
24combination of these penalties.
SB125,6,6
14. For a violation committed within 12 months of 3 or more previous violations,
2the person's operating privilege shall be suspended under s. 343.30 (6) (b) 3. In
3addition, the person is subject to either a forfeiture of not less than $750 nor more
4than $1,000,
revocation of the person's operating privilege under s. 343.30 (6) (b) 3., 5participation in a supervised work program or other community service work under
6par. (cg) or any combination of these penalties.
SB125, s. 4
7Section
4. 125.07 (4) (c) of the statutes is amended to read:
SB125,6,98
125.07
(4) (c) Any person violating par. (b)
is subject to the following penalties 9shall be penalized as follows:
SB125,6,1410
1. For a first violation,
the person's operating privilege shall be suspended
11under s. 343.30 (6) (b) 1. In addition, the person is subject to a forfeiture of not less
12than $100 nor more than $200,
suspension of the person's operating privilege as
13provided under s. 343.30 (6) (b) 1., participation in a supervised work program or
14other community service work under par. (cg) or any combination of these penalties.
SB125,6,2015
2. For a violation committed within 12 months of a previous violation,
the
16person's operating privilege shall be suspended under s. 343.30 (6) (b) 2. In addition,
17the person is subject to either a forfeiture of not less than $200 nor more than $300,
18suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 2., 19participation in a supervised work program or other community service work under
20par. (cg) or any combination of these penalties.
SB125,7,221
3. For a violation committed within 12 months of 2 previous violations,
the
22person's operating privilege shall be suspended under s. 343.30 (6) (b) 3. In addition,
23the person is subject to either a forfeiture of not less than $300 nor more than $500,
24revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation
1in a supervised work program or other community service work under par. (cg) or any
2combination of these penalties.
SB125,7,83
4. For a violation committed within 12 months of 3 or more previous violations,
4the person's operating privilege shall be suspended under s. 343.30 (6) (b) 3. In
5addition, the person is subject to either a forfeiture of not less than $500 nor more
6than $1,000,
revocation of the person's operating privilege under s. 343.30 (6) (b) 3., 7participation in a supervised work program or other community service work under
8par. (cg) or any combination of these penalties.
SB125, s. 5
9Section
5. 125.07 (4) (e) 2. (intro.) of the statutes is amended to read:
SB125,7,1510
125.07
(4) (e) 2. (intro.) After ordering a penalty under par. (bs) or (c), the court,
11with the agreement of the defendant, may enter an additional order staying the
12execution of the penalty order and suspending or modifying the penalty imposed
,
13except that the court may not stay, suspend or modify the suspension of a person's
14operating privilege required under par. (bs) or (c). The order under this subdivision
15shall require the defendant to do any of the following:
SB125, s. 6
16Section
6. 340.01 (46m) (b) of the statutes is amended to read:
SB125,7,1817
340.01
(46m) (b) If the person has 2
or more prior convictions, suspensions or
18revocations, as counted under s. 343.307 (1), an alcohol concentration of 0.08 or more.
SB125, s. 7
19Section
7. 340.01 (46m) (c) of the statutes is created to read:
SB125,7,2220
340.01
(46m) (c) If the person has 3 or more prior convictions, suspensions or
21revocations, as counted under s. 343.307 (1), an alcohol concentration of more than
220.02.
SB125, s. 8
23Section
8. 342.12 (4) (a) of the statutes is amended to read:
SB125,8,624
342.12
(4) (a) The district attorney shall notify the department when he or she
25files a criminal complaint against a person who has been arrested for violating s.
1346.63 (1) or (2), 940.09 (1) or 940.25
and who has 2 or more prior convictions,
2suspensions or revocations, as counted under s. 343.307 (1). Except as provided
3under par. (c), the department may not issue a certificate of title transferring
4ownership of any motor vehicle owned by the person upon receipt of a notice under
5this subsection until the court assigned to hear the criminal complaint issues an
6order permitting the department to issue a certificate of title.
SB125, s. 9
7Section
9. 342.12 (4) (c) 1. (intro.) of the statutes is amended to read:
SB125,8,138
342.12
(4) (c) 1. (intro.) The department shall issue a certificate of title
9transferring ownership of a motor vehicle that was owned by a person who has
10received a notice of intent to revoke the person's operating privilege under s. 343.305
11(9) (a) or has been arrested for violating s. 346.63 (1) or (2), 940.09 (1) or 940.25
and
12who has 2 or more prior convictions, suspensions or revocations, as counted under
13s. 343.307 (1), if all of the following conditions are met:
SB125, s. 10
14Section
10. 343.10 (5) (a) 3. of the statutes is amended to read:
SB125,9,315
343.10
(5) (a) 3.
If the applicant has 2 or more prior convictions, suspensions
16or revocations, as counted under s. 343.307 (1), the The occupational license of the
17applicant shall restrict the applicant's operation under the occupational license to
18vehicles that are equipped with a functioning ignition interlock device if the court
19has ordered under s. 346.65 (6) (a)
1. 1d. or 1g. that a motor vehicle owned by the
20person be equipped with an ignition interlock device. A person to whom a restriction
21under this subdivision applies violates that restriction if he or she requests or
22permits another to blow into an ignition interlock device or to start a motor vehicle
23equipped with an ignition interlock device for the purpose of providing the person an
24operable motor vehicle without the necessity of first submitting a sample of his or her
25breath to analysis by the ignition interlock device. If the occupational license
1restricts the applicant's operation to a vehicle that is equipped with an ignition
2interlock device, the applicant shall be liable for the reasonable costs of equipping
3the vehicle with the ignition interlock device.