Note: Current law provides that a person under the legal drinking age must forfeit
$10 if the person drives or operates a motor vehicle while the person has an alcohol
concentration of more than 0.0 but not more than 0.1. If a minor passenger under 16 years
of age is in the motor vehicle, the forfeiture is $20. This Section amends s. 346.65 (2q),
stats., to provide that a violation of this absolute sobriety provision will result in a
forfeiture of $50, regardless of whether there was a minor passenger in the motor vehicle
at the time of the violation.
Section 346.63 (7), stats., imposes an absolute sobriety requirement on a person
driving or operating, or on duty time with respect to, a commercial motor vehicle. The
current penalty for a violation of this provision is a forfeiture of $10. This Section amends
s. 346.65 (2u) (a), stats., to provide that a violation of the absolute sobriety provision will
result in a forfeiture of $50.
AB670, s. 45
8Section
45. 346.65 (3m) and (7) of the statutes are amended to read:
AB670,31,159
346.65
(3m) Any person violating s. 346.63 (2) or (6) shall be fined not less than
10$300 nor more than $2,000 and may be imprisoned for not
less than 30 days nor more
11than one year in the county jail. If there was a minor passenger under 16 years of
12age in the motor vehicle at the time of the violation that gave rise to the conviction
13under s. 346.63 (2) or (6), the offense is a felony, the applicable minimum and
14maximum fines or periods of imprisonment for the conviction are doubled
, and the
15place of imprisonment shall be determined under s. 973.02.
AB670,31,18
16(7) A person
convicted sentenced to imprisonment under sub. (2) (b), (c), (d)
, 17or (e)
or, (2j) (b) or (c)
, or (3m) shall be required to remain in the county jail for not
18less than a 48-consecutive-hour period.
Note: Section 346.65 (3m), stats., provides that a person who causes injury while
operating a motor vehicle under the influence of an intoxicant or drug must be fined not
less than $300 nor more than $2,000 and may be imprisoned for not less than 30 days nor
more than one year in the county jail. This Section amends s. 346.65 (3m) and (7), stats.,
to provide that, with respect to imprisonment, a violator may be imprisoned for not more
than one year in the county jail. However, the violator will be required to remain in the
county jail for not less than a 48-consecutive hour period if sentenced to imprisonment
under the specified provisions of s. 346.65, stats.
AB670, s. 46
1Section
46. 346.65 (8) of the statutes is created to read:
AB670,32,52
346.65
(8) When sentencing a person convicted for a violation of s. 346.63 (1),
3(2), or (6), a court may order the payment of restitution, using the applicable
4procedures under s. 800.093 or 973.20, for property damage caused by the person in
5the incident that resulted in the conviction.
Note: This Section authorizes a court to use statutory restitution procedures to
impose a restitution requirement upon a person who causes property damage due to the
intoxicated operation of a motor vehicle. Section 973.20, stats., currently may be used for
this purpose with respect to ss. 940.09 and 940.25 regarding homicide or injury by
intoxicated use of a vehicle.
AB670, s. 47
6Section
47. 346.66 of the statutes is amended to read:
AB670,32,16
7346.66 Applicability of sections relating to accidents and accident
8reporting. In addition to being applicable upon highways, ss. 346.67 to 346.70 are
9applicable upon
frozen waters, all premises held out to the public for use of their
10motor vehicles, all premises provided by employers to employees for the use of their
11motor vehicles
, and all premises provided to tenants of rental housing in buildings
12of 4 or more units for the use of their motor vehicles, whether such premises are
13publicly or privately owned and whether or not a fee is charged for the use thereof.
14These sections do not apply to private parking areas at farms or single-family
15residences or to accidents involving only snowmobiles, all-terrain vehicles
, or
16vehicles propelled by human power or drawn by animals.
Note: Section 346.66 provides that statutes relating to accidents and accident
reporting are applicable upon highways, all premises held out to the public for use of their
motor vehicles, all premises provided by employers to employees for the use of their motor
vehicles, and all premises provided to tenants of rental housing in building of 4 or more
units for the use of their motor vehicles, whether the premises are publicly or privately
owned and whether or not a fee is charged for their use. An exception exists for private
parking areas at farms or single-family residences or to accidents involving only
snowmobiles, all-terrain vehicles, or vehicles propelled by human power or drawn by
animals. This Section amends s. 346.66, stats., to apply the statutes relating to accidents
and accident reporting to frozen waters.
AB670, s. 48
1Section
48. 351.02 (1) (a) 10. of the statutes is amended to read:
AB670,33,162
351.02
(1) (a) 10. Any offense under the law of another jurisdiction prohibiting
3conduct described in sections 6-207, 6-302, 10-102, 10-103, 10-104, 11-901,
411-902, 11-907 or 11-908 of the uniform vehicle code and model traffic ordinance
5(1987), or prohibiting homicide or manslaughter resulting from the operation of a
6motor vehicle, use of a motor vehicle in the commission of a felony, reckless or careless
7driving or driving a motor vehicle with wilful or wanton disregard for the safety of
8persons or property, driving or operating a motor vehicle while under the influence
9of
alcohol, a controlled substance, a controlled substance analog or any other drug
10or a combination thereof as prohibited an intoxicant, refusal to submit to chemical
11testing, perjury or the making false statements or affidavits to a governmental
12agency in connection with the ownership or operation of a motor vehicle, failing to
13stop and identify oneself as the driver or operator in the event of a motor vehicle
14accident with a person or an attended motor vehicle or fleeing from or attempting to
15elude a police, law enforcement or other peace officer, as those or substantially
16similar terms are used in that jurisdiction's laws.
AB670, s. 49
17Section
49. 800.08 (5) of the statutes is created to read:
AB670,33,2218
800.08
(5) In municipal court, the results of a blood alcohol analysis, as shown
19by a certified copy of the analysis, are admissible, unless the defendant makes a
20written request to the municipal court for the personal appearance of the blood
21analyst and the person who drew the blood. The request shall be made not later than
2210 days prior to the trial unless a later date is allowed by the court.
Note: This Section generally provides that a certified copy of a blood alcohol
analysis is admissible as evidence in a municipal court trial. A defendant may compel
the personal appearance of the blood analyst and the person who drew the defendant's
blood if the defendant makes a written request to the court no later than 10 days before
trial. The court may approve a later request for the personal appearances.
AB670, s. 50
1Section
50. 885.235 (1) (b) and (c) of the statutes are repealed and recreated
2to read:
AB670,34,33
885.235
(1) (b) "Intoxicant" has the meaning given in s. 939.22 (19m).
AB670,34,54
(c) "Under the influence of an intoxicant" has the meaning given in s. 939.22
5(42).
AB670, s. 51
6Section
51. 885.235 (1) (bd) of the statutes is repealed.
AB670, s. 52
7Section
52. 885.235 (1g) (a) of the statutes is amended to read:
AB670,34,128
885.235
(1g) (a) 1. The fact that the analysis shows that the person had an
9alcohol concentration of more than 0.0 but less than 0.08 is relevant evidence on the
10issue of being under the
combined influence of
alcohol and a controlled substance,
11a controlled substance analog or any other drug an intoxicant, but, except as
12provided in par. (d) or sub. (1m), is not to be given any prima facie effect.
AB670,34,1713
2. The fact that the analysis shows that the person had an alcohol concentration
14of more than 0.0 but less than 0.1 is relevant evidence on the issue of being under the
15combined influence of
alcohol and a controlled substance, a controlled substance
16analog or any other drug an intoxicant but, except as provided in par. (d) or sub. (1m),
17is not to be given any prima facie effect.
AB670, s. 53
18Section
53. 895.53 (2) of the statutes is amended to read:
AB670,35,219
895.53
(2) Any person withdrawing blood at the request of a traffic officer, law
20enforcement officer or conservation warden for the purpose of determining the
21presence or quantity of
alcohol, controlled substances, controlled substance analogs
22or any combination of alcohol, controlled substances and controlled substance
23analogs an intoxicant, as defined in s. 340.01 (25d), is immune from any civil or
1criminal liability for the act, except for civil liability for negligence in the
2performance of the act.
AB670, s. 54
3Section
54. 939.22 (19m) of the statutes is created to read:
AB670,35,44
939.22
(19m) "Intoxicant" means any of the following:
AB670,35,65
(a) Alcohol, a controlled substance, a controlled substance analog, any other
6drug, or a vapor-releasing substance.
AB670,35,87
(b) Any combination of alcohol, a controlled substance, a controlled substance
8analog, any other drug, or vapor-releasing substance.
Note: This Section creates a definition of the term "intoxicant" for the criminal
code. The definition is the same as that used in s. 340.01 (25d) as created in Section 3
of the bill.
AB670, s. 55
9Section
55. 939.22 (42) of the statutes is repealed and recreated to read:
AB670,35,1010
939.22
(42) "Under the influence of an intoxicant" means any of the following:
AB670,35,1411
(a) A condition in which a person's ability to operate a vehicle, because of the
12consumption or use of an intoxicant, is impaired to the extent that the person is less
13able to exercise the clear judgment and steady hand necessary to handle and control
14a vehicle.
AB670,35,1615
(b) A condition in which a person's ability to handle a firearm or airgun is
16materially impaired because of the consumption or use of an intoxicant.
Note: Section 939.22 (42), stats., defines the term "under the influence of an
intoxicant" for the criminal code. The statutory provision is repealed and recreated to
conform to the definition of the same term in s. 340.01 (73e) as created in Section 3 of the
bill.
AB670, s. 56
17Section
56. 949.08 (2) (e) and (em) of the statutes are amended to read:
AB670,36,318
949.08
(2) (e) Is an adult passenger in the offender's vehicle and the crime
19involved is specified in s. 346.63 (2) or 940.25 and the passenger knew the offender
20was under the influence of an intoxicant
, a controlled substance, a controlled
21substance analog or any combination of an intoxicant, controlled substance and
1controlled substance analog, or had a prohibited alcohol concentration, as defined in
2s. 340.01 (46m). This paragraph does not apply if the victim is also a victim of a crime
3specified in s. 940.30, 940.305, 940.31 or 948.30.
AB670,36,104
(em) Is an adult passenger in the offender's commercial motor vehicle and the
5crime involved is specified in s. 346.63 (6) or 940.25 and the passenger knew the
6offender was under the influence of an intoxicant
, a controlled substance, a
7controlled substance analog or any combination of an intoxicant, controlled
8substance and controlled substance analog, or had an alcohol concentration of 0.04
9or more but less than 0.1. This paragraph does not apply if the victim is also a victim
10of a crime specified in s. 940.30, 940.305, 940.31 or 948.30.
AB670, s. 57
11Section
57. 967.055 (title) and (1) (a) of the statutes are amended to read:
AB670,36,22
12967.055 (title)
Prosecution of offenses; operation of a motor vehicle or
13motorboat; alcohol, or intoxicant or drug. (1) (a) The legislature intends to
14encourage the vigorous prosecution of offenses concerning the operation of motor
15vehicles by persons under the influence of an intoxicant,
a controlled substance, a
16controlled substance analog or any combination of an intoxicant, controlled
17substance and controlled substance analog, under the influence of any other drug to
18a degree which renders him or her incapable of safely driving, or under the combined
19influence of an intoxicant and any other drug to a degree which renders him or her
20incapable of safely driving as defined in s. 340.01 (25d), or having a prohibited alcohol
21concentration, as defined in s. 340.01 (46m), or offenses concerning the operation of
22commercial motor vehicles by persons with an alcohol concentration of 0.04 or more.
AB670, s. 58
23Section
58. 967.055 (1m) of the statutes is repealed.
AB670, s. 59
24Section
59. 967.055 (2) (a) of the statutes is amended to read:
AB670,37,19
1967.055
(2) (a) Notwithstanding s. 971.29, if the prosecutor seeks to dismiss
2or amend a charge under s. 346.63 (1) or (5) or a local ordinance in conformity
3therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the
4use of a vehicle or an improper refusal under s. 343.305, the prosecutor shall apply
5to the court. The application shall state the reasons for the proposed amendment or
6dismissal. The court may approve the application only if the court finds that the
7proposed amendment or dismissal is consistent with the public's interest in deterring
8the operation of motor vehicles by persons who are under the influence of an
9intoxicant,
a controlled substance, a controlled substance analog or any combination
10of an intoxicant, controlled substance and controlled substance analog, under the
11influence of any other drug to a degree which renders him or her incapable of safely
12driving, or under the combined influence of an intoxicant and any other drug to a
13degree which renders him or her incapable of safely driving as defined in s. 340.01
14(25d), or in deterring the operation of commercial motor vehicles by persons with an
15alcohol concentration of 0.04 or more. The court may not approve an application to
16amend the vehicle classification from a commercial motor vehicle to a noncommercial
17motor vehicle unless there is evidence in the record that the motor vehicle being
18operated by the defendant at the time of his or her arrest was not a commercial motor
19vehicle.
AB670,38,221
(1) This act first applies to violations committed or refusals occurring on the
22effective date of this subsection, but does not preclude the counting of other
23convictions, suspensions, or revocations as prior convictions, suspensions, or
24revocations for purposes of administrative action by the department of
1transportation, sentencing by a court, or revocation or suspension of motor vehicle
2operating privileges.
AB670,38,44
(1)
This act takes effect on January 1, 2003.