SB335,37,16 15350.68 Enforcement. (1) A law enforcement officer may enforce the
16provisions of this subchapter.
SB335,37,18 17(2) No operator of a sport recreational vehicle or a commercial motorboat may
18do any of the following:
SB335,37,2019 (a) Fail or refuse to comply with any unlawful order, signal, or direction of a law
20enforcement officer.
SB335,38,2
1(b) Disobey the instructions of any official traffic sign or signal unless otherwise
2directed by a law enforcement officer.
SB335,38,73 (c) After having received a visual or audible signal to stop his or her sport
4recreational vehicle or commercial motorboat from a law enforcement officer, or
5marked police vehicle, knowingly resist the law enforcement officer by failing to stop
6the sport recreational vehicle or commercial motorboat as promptly as safety
7reasonably permits.
SB335,38,148 (d) After having received a visual or audible signal from a law enforcement
9officer, or marked police vehicle, knowingly flee or attempt to elude any law
10enforcement officer by willful or wanton disregard of such signal so as to interfere
11with or endanger the operation of the police vehicle, or the law enforcement officer
12or other vehicles or individuals, nor may the operator increase the speed of the
13operator's sport recreational vehicle or commercial motorboat, or extinguish the
14lights of the sport recreational vehicle in an attempt to elude or flee.
SB335,38,19 15(3) Notwithstanding subs. (1) and (2), no law enforcement officer may stop a
16snowmobile operator for a violation of a statutory provision under this subchapter
17or a rule promulgated or an ordinance adopted under this subchapter unless the law
18enforcement officer has reasonable cause to believe that the operator has committed
19the violation.
Note: This section is derived from ss. 23.33 (12), 30.64 (3) and 350.17, stats., except
that the provision explicitly provides that a law enforcement officer may enforce the
provisions of subch. II of ch. 350, stats. The current list of individuals who may enforce
the law is included in the defined term "law enforcement officer" in s. 350.50 (14). See,
also, the note to Section 7 and see s. 350.74 (4) with respect to the issue of refusing to stop
after being requested or signaled to do so by a law enforcement officer.
SB335,38,20 20350.70 Liability of landowners. Section 895.52 applies to this subchapter.
Note: This section restates ss. 23.33 (10) and 350.19, stats.
SB335,39,3
1350.72 Local ordinances. A county, town, city, or village may enact an
2ordinance that is imposed, in strict conformity with one or more provisions of this
3subchapter for which the penalty for a violation is a forfeiture.
Note: This section restates portions of ss. 23.33 (11) (am), 30.77 (2) and 350.18 (2),
stats.
SB335,39,9 4350.74 Penalties. (1) Penalties related to prohibited operation of a sport
5recreational vehicle or commercial motorboat; intoxicants; refusal.
(a) Except
6as provided under pars. (b) to (f), a person who violates s. 350.52 (1) (a) or (b) or the
7refusal law shall forfeit not less than $150 nor more than $300 and shall have his or
8her privilege to operate a sport recreational vehicle or commercial motorboat revoked
9for one year.
SB335,39,1710 (b) Except as provided in par. (f) and subject to sub. (7), a person who violates
11s. 350.52 (1) (a) or (b) and who, within 10 years prior to the arrest for the current
12violation, was convicted previously under the intoxicated operation of a sport
13recreational vehicle law, the intoxicated operation of a commercial motorboat law, or
14the refusal law shall be fined not less than $300 nor more than $1,100, shall be
15imprisoned for not less than 5 days nor more than 6 months, and shall have his or
16her privilege to operate a sport recreational vehicle or commercial motorboat revoked
17for 2 years.
SB335,40,218 (c) Except as provided in pars. (f) and (g) and subject to sub. (7), a person who
19violates s. 350.52 (1) (a) or (b) and who, within 10 years prior to the arrest for the
20current violation, was convicted 2 times previously under the intoxicated operation
21of a sport recreational vehicle law, the intoxicated operation of a commercial
22motorboat law, or the refusal law shall be fined not less than $600 nor more than
23$2,000, shall be imprisoned for not less than 30 days nor more than one year in the

1county jail, and shall have his or her privilege to operate a sport recreational vehicle
2or commercial motorboat revoked for 3 years.
SB335,40,103 (d) Except as provided in pars. (f) and (g) and subject to sub. (7), a person who
4violates s. 350.52 (1) (a) or (b) and who, within 10 years prior to the arrest for the
5current violation, was convicted 3 times previously under the intoxicated operation
6of a sport recreational vehicle law, the intoxicated operation of a commercial
7motorboat law, or the refusal law shall be fined not less than $600 nor more than
8$2,000, shall be imprisoned for not less than 60 days nor more than one year in the
9county jail, and shall have his or her privilege to operate a sport recreational vehicle
10or commercial motorboat revoked for 4 years.
SB335,40,1811 (e) Except as provided in pars. (f) and (g) and subject to sub. (7), a person who
12violates s. 350.52 (1) (a) or (b) and who, within 10 years prior to the arrest for the
13current violation, was convicted 4 or more times previously under the intoxicated
14operation of a sport recreational vehicle law, the intoxicated operation of a
15commercial motorboat law, or the refusal law shall be fined not less than $600 nor
16more than $2,000, shall be imprisoned for not less than 6 months nor more than 7
17years and 6 months, and shall have his or her privilege to operate a sport recreational
18vehicle or commercial motorboat revoked for 5 years.
SB335,41,219 (f) If there was a minor passenger under 16 years of age in or on the vehicle at
20the time of the violation that gave rise to the conviction under s. 350.52 (1) (a) or (b),
21the applicable minimum and maximum forfeitures, fines, or imprisonment under
22par. (a), (b), (c), (d), or (e) for the conviction are doubled. An offense under s. 350.52
23(1) (a) or (b) that subjects a person to a penalty under par. (c), (d), or (e) when there
24is a minor passenger under 16 years of age in the sport recreational vehicle or

1commercial motorboat is a felony and the place of imprisonment shall be determined
2under s. 973.02.
SB335,41,53 (g) 1. If a person convicted under s. 350.52 (1) (a) or (b) had an alcohol
4concentration of 0.17 to 0.199, the applicable minimum and maximum fines under
5pars. (c) to (e) are doubled.
SB335,41,86 2. If a person convicted under s. 350.52 (1) (a) or (b) had an alcohol
7concentration of 0.20 to 0.249, the applicable minimum and maximum fines under
8pars. (c) to (e) are tripled.
SB335,41,119 3. If a person convicted under s. 350.52 (1) (a) or (b) had an alcohol
10concentration of 0.25 or above, the applicable minimum and maximum fines under
11pars. (c) to (e) are quadrupled.
SB335,41,1312 4. The increased fines provided in this paragraph do not apply if a person
13convicted under s. 350.52 (1) (a) or (b) is subject to par. (f).
SB335,41,1414 (h) A person who violates s. 350.52 (1) (c) shall forfeit not more than $50.
SB335,41,19 15(2) Operation during revocation or suspension. No person whose operating
16privilege has been revoked under sub. (1) (a) to (f) or suspended under s. 350.76 (4)
17may operate a sport recreational vehicle or commercial motorboat during the period
18of revocation. Any person who violates this subsection shall be fined not more than
19$2,500 and imprisoned for not more than one year in the county jail.
SB335,41,23 20(3) Causing bodily harm or property damage; intoxicants. A person who
21violates s. 350.52 (2) by causing bodily harm shall be fined not less than $300 nor
22more than $2,000 and may be imprisoned for not less than 30 days nor more than one
23year in the county jail.
SB335,42,2 24(4) Property damage. When sentencing a person convicted for a violation of s.
25350.52 (1) or (2), a court may order the payment of restitution, using the applicable

1procedures under s. 800.093 or 973.20, if the violation resulted in damage to the
2property of a person other than the defendant.
SB335,42,6 3(5) Penalties for refusal to obey law enforcement officers, signs, and
4signals.
(a) A person who violates s. 350.68 (2) (a) or (b) may be required to forfeit
5not less than $20 nor more than $40 for the first conviction and not less than $50 nor
6more than $100 for the 2nd or subsequent conviction within a year.
SB335,42,87 (b) A person who violates s. 350.68 (2) (c) may be fined not more than $10,000
8or imprisoned for not more than 9 months or both.
SB335,42,119 (c) 1. Except as provided in subd. 2., 3., or 4., a person who violates s. 350.68
10(3) (d) shall be fined not less than $600 nor more than $10,000 and may be imprisoned
11for not more than 3 years.
SB335,42,1412 2. If the violation results in bodily harm to another, or causes damage to the
13property of another, as defined in s. 939.22 (28), the person shall be fined not less than
14$1,000 nor more than $10,000 and may be imprisoned for not more than 3 years.
SB335,42,1715 3. If the violation results in great bodily harm, as defined in s. 939.22 (14), to
16another, the person shall be fined not less than $1,100 nor more than $10,000 and
17may be imprisoned for not more than 3 years.
SB335,42,2018 4. If the violation results in the death of another, the person shall be fined not
19less than $1,100 nor more than $10,000 and may be imprisoned for not more than
207 years and 6 months.
SB335,42,24 21(6) Sentence of detention. The legislature intends that courts use the
22sentencing option under s. 973.03 (4) whenever appropriate for persons subject to
23par. (a) 2. or 3. or (b). The use of this option can result in significant cost savings for
24the state and local governments.
SB335,43,3
1(7) Calculation of previous convictions. (a) The court shall include the
2following convictions in determining the number of previous convictions under sub.
3(1) (b) to (e):
SB335,43,54 1. The intoxicated operation of an all-terrain vehicle law and refusal law, as
5defined in s. 23.33 (1) (ic) and (jm), 1999 stats.
SB335,43,76 2. The intoxicated boating law and refusal law, as defined in s. 30.50 (4m) and
7(9x), 1999 stats.
SB335,43,98 3. The intoxicated snowmobiling law and refusal law, as defined in s. 350.01
9(9c) and (10r), 1999 stats.
SB335,43,1110 (b) Previous convictions under par. (a) apply only to convictions occurring on
11or after January 1, 1998.
SB335,43,1412 (c) In determining the number of previous convictions under sub. (1) (b) to (e),
13convictions arising out of the same incident or occurrence shall be counted as one
14previous conviction.
SB335,43,21 15(8) Reporting convictions to the department. Whenever a person is convicted
16of a violation of the intoxicated operation of a sport recreational vehicle law or the
17intoxicated operation of a commercial motorboat law, the clerk of the court in which
18the conviction occurred, or the justice, judge, or magistrate of a court not having a
19clerk, shall forward to the department the record of such conviction. The record of
20conviction shall state whether the offender was involved in an accident at the time
21of the offense.
SB335,44,4 22(9) Intoxicants; assessment. In addition to any other penalty or order, a person
23who violates s. 350.52 (1) or (2) or 350.60 (5), or who violates s. 940.09 or 940.25 if
24the violation involves the operation of a sport recreational vehicle or commercial
25motorboat, shall be ordered by the court to submit to and comply with an assessment

1by an approved public treatment facility for an examination of the person's use of
2intoxicants. The assessment order shall comply with s. 343.30 (1q) (c) 1. a. to c.
3Intentional failure to comply with an assessment ordered under this subsection
4constitutes contempt of court and is punishable under ch. 785.
SB335,44,12 5(10) Certificate of satisfactory completion of safety course. In addition to
6any other penalty or order, a person who violates s. 350.52 (1) or (2), 350.60 (5),
7940.09, or 940.25, and the violation involves the operation of a motorboat or a
8commercial motorboat, shall be ordered by the court to obtain a certificate of
9satisfactory completion of a safety course under s. 30.74 (1) (a). If the person has a
10valid certificate at the time that the court imposes sentence, the court shall
11permanently revoke the certificate and order the person to obtain a certificate of
12satisfactory completion of a safety course under s. 30.74 (1) (a).
SB335,44,16 13(11) Restoration or replacement of signs and standards. In addition to any
14other penalty, a court may order a defendant to restore or replace any uniform
15all-terrain vehicle or snowmobile route or trail sign or standard that the defendant
16removed, damaged, defaced, moved, or obstructed.
Note: This section, in most respects, restates ss. 23.33 (13) (b) to (f), 30.80 (6) and
350.11 (3) and (4), stats. The following differences between the bill and current law are
noted:
1. Under current law, a conviction for the intoxicated use of one vehicle is not
counted as a prior conviction when considering the application of repeat offender
penalties to a person convicted of the intoxicated use of a different type of vehicle. The
bill consolidates the statutory intoxicated use provisions for all-terrain vehicles,
motorboats, commercial motorboats, and snowmobiles and, therefore, a conviction for the
intoxicated use of one vehicle will count as a prior conviction when repeat offender
penalties are applied to a person convicted of the intoxicated use of another type of
vehicle.
2. The definition of the term "intoxicated operation of an all-terrain vehicle law"
includes a local ordinance in conformity with the provisions prohibiting intoxicated
operation and the causing of injury while under the influence of an intoxicant. The
definitions of the similar terms relating to motorboats and snowmobiles do not include
a local ordinance in conformity with the prohibition against causing injury. The bill
follows the format of the current statutory definition of "intoxicated operation of an
all-terrain vehicle law" by including a local ordinance in conformity with the prohibitions
against both intoxicated operation and the causing of injury. Under proposed s. 350.72,

a county, town, city or village may enact an ordinance, for which a forfeiture may be
imposed, in strict conformity with subch. II of ch. 350. The effect of this definitional
format is that if a person is found guilty of causing injury by intoxicated use under a local
ordinance, that conviction will count as a repeat offense for purposes of determining the
penalty imposed on a repeat offender.
3. Under current law, a person who illegally operates an all-terrain vehicle or
snowmobile while intoxicated, contrary to statutory provisions, will be subject to a range
of penalties. The intoxicated boating law provides that a similar range of penalties will
be applicable to a person who violates either the statutory provisions regarding
intoxicated operation or a local ordinance in conformity with statutory provisions. The
bill applies the all-terrain vehicle and snowmobile provisions to all sport recreational
vehicles and commercial motorboats.
4. Under current law, a first offense while operating an all-terrain vehicle or a
motorboat will result in a forfeiture of not less than $150 nor more than $300. However,
current law provides that a first offense involving the intoxicated operation of a
snowmobile will result in a forfeiture of not less than $400 nor more than $550. The bill
applies the former penalty to all sport recreational vehicles and commercial motorboats,
consistent with provisions applicable to motor vehicles under s. 346.65 (2) (a), stats. In
addition, the bill incorporates provisions from 1999 senate bill 485 providing that a
violator will have his or her operating privilege revoked for a period of one to 5 years
depending on the repeater status of the violator. Operation during revocation, or during
suspension for failure to pay the operator improvement surcharge created in this bill, will
result in a fine of not more than $2,500 and imprisonment for not more than one year.
Along with this change, current law is amended to provide that a violation of the refusal
law will result in the application of a civil penalty, but not the application of a criminal
penalty.
5. Under current law, with respect to all-terrain vehicles and snowmobiles, a
second offense within 5 years and third or subsequent offenses within 5 years will result
in additional penalties. However, the intoxicated boating law adds 2 additional
categories of increased penalties for a person who has been convicted 4 times within 5
years or 5 or more times within 5 years. The bill applies the intoxicated boating law
provisions to all sport recreational vehicles and commercial motorboats and increases the
maximum period of imprisonment to a period of 7 years and 6 months in accordance with
similar provisions in 1997 Wisconsin Act 283. In addition, the 5-year look-back period
in current law is increased to 10 years for the purpose of reviewing prior convictions.
However, the increased look-back period will be phased in so that convictions occurring
prior to January 1, 1997 will not be counted. See Section 70 of the bill relating to the
initial applicability of the provisions of the bill.
6. This bill 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 sport recreational vehicle or a commercial motorboat. 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.
7. The bill incorporates statutory provisions applicable to the operation of a motor
vehicle under s. 346.65 (1) (f) and (g), stats., to the operation of sport recreational vehicles
and commercial motorboats. First, if a minor passenger under 16 years of age is in or on
a vehicle at the time of a violation, the applicable minimum and maximum forfeitures,
fines or imprisonment for the convictions are doubled. Second, the applicable minimum
and maximum fines will be doubled, tripled or quadrupled if the operator of the sport
recreational vehicle or the commercial motorboat had an alcohol concentration of 0.17 to
0.199, 0.20 to 0.249, or 0.25 or above, respectively. This bill clarifies that the increased
fines for increasing alcohol concentration may not be applied if the penalty relating to a
minor passenger under the age of 16 years is applicable to the offense.

8. See the note to Section 7 of the bill for a description of the penalties applicable
to an operator of a sport recreational vehicle or a commercial motorboat who refuses to
obey law enforcement officers, signs and signals.
9. Under current law, a conviction relating to the use of an all-terrain vehicle or
a snowmobile must be reported to DNR. The bill applies this requirement to a conviction
relating to the use of a motorboat or a commercial motorboat.
SB335,46,6 1350.76 Operator improvement surcharge. (1) If a court imposes a fine or
2a forfeiture for a violation of the intoxicated operation of a sport recreational vehicle
3law or the intoxicated operation of a commercial motorboat law, it shall impose an
4operator improvement surcharge in an amount of $355 in addition to the fine or
5forfeiture, penalty assessment, jail assessment, and crime laboratories and drug law
6enforcement assessment.
SB335,46,10 7(2) (a) Except as provided in par. (b), the clerk of court shall collect and transmit
8the amount under sub. (1) to the county treasurer as provided in s. 59.40 (2) (m). The
9county treasurer shall then make payment of 38.5% of the amount to the state
10treasurer as provided in s. 59.25 (3) (f) 2.
SB335,46,1511 (b) If the forfeiture is imposed by a municipal court, the court shall transmit
12the amount to the treasurer of the county, city, town, or village, and that treasurer
13shall make payment of 38.5% of the amount to the state treasurer as provided in s.
1466.0114 (1) (bm). The treasurer of the city, town, or village shall transmit the
15remaining 61.5% of the amount to the treasurer of the county.
SB335,46,21 16(3) All moneys collected from the operator improvement surcharge that are
17transmitted to the county treasurer under sub. (2) (a) or (b), except the amounts that
18the county treasurer is required to transmit to the state treasurer under sub. (2) (a)
19or (b), shall be retained by the county treasurer and disbursed to the county
20department under s. 51.42 for services under s. 51.42 for operators referred through
21assessment.
SB335,47,5
1(4) If a court imposes an operator improvement surcharge under sub. (1) and
2the person fails to pay the surcharge within 60 days after the date by which the court
3ordered the surcharge to be paid, the court may suspend the person's operating
4privilege until the person pays the surcharge, except that the suspension period may
5not exceed 2 years.
Note: Current law provides that an operator of a motor vehicle who violates
various operating while intoxicated statutory provisions must pay an operator
improvement surcharge in an amount of $355 in addition to the fine or forfeiture, penalty
assessment, jail assessment and crime laboratories and drug law enforcement
assessment. This Section applies the surcharge provisions found in s. 346.655, stats.,
to a person who violates the intoxicated operation of a sport recreational vehicle law or
the intoxicated operation of a commercial motorboat law.
SB335, s. 62 6Section 62. 350.99 of the statutes is renumbered 350.21, and 350.21 (1), as
7renumbered, is amended to read:
SB335,47,118 350.21 (1) Whoever is concerned in the commission of a violation of this chapter
9subchapter for which a forfeiture is imposed is a principal and may be charged with
10and convicted of the violation although he or she did not directly commit it and
11although the person who directly committed it has not been convicted of the violation.
SB335, s. 63 12Section 63. 800.001 of the statutes is amended to read:
SB335,47,16 13800.001 Definition. In this chapter, "general statutory counterpart
14ordinance" means an ordinance which prohibits conduct which is the same as or
15similar to conduct prohibited by state statute, but does not include an ordinance
16enacted by a local authority in accordance with s. 30.77 or , 349.06, or 350.72.
SB335, s. 64 17Section 64. 800.02 (2) (b) of the statutes is amended to read:
SB335,48,218 800.02 (2) (b) Except for parking violations, in traffic regulation actions in
19municipal court, the uniform traffic citation specified in s. 345.11 shall be used in lieu
20of the citation form specified in par. (a). In actions for violations of local ordinances

1enacted in accordance with s. 23.33 (11) (am) or , 30.77, or 350.72, the citation form
2specified in s. 23.54 shall be used in lieu of the citation form specified in par. (a).
SB335, s. 65 3Section 65. 885.235 (1m) and (4) of the statutes are amended to read:
SB335,48,154 885.235 (1m) In any action under s. 23.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m)
5or (7) or 350.101 350.52 (1) (c), evidence of the amount of alcohol in the person's blood
6at the time in question, as shown by chemical analysis of a sample of the person's
7blood or urine or evidence of the amount of alcohol in the person's breath, is
8admissible on the issue of whether he or she had an alcohol concentration in the
9range specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m) or 350.101 350.52
10(1) (c) or an alcohol concentration above 0.0 under s. 346.63 (7) if the sample was
11taken within 3 hours after the event to be proved. The fact that the analysis shows
12that the person had an alcohol concentration of more than 0.0 but not more than 0.1
13is prima facie evidence that the person had an alcohol concentration in the range
14specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m) or 350.101 350.52 (1) (c)
15or an alcohol concentration above 0.0 under s. 346.63 (7).
SB335,48,21 16(4) The provisions of this section relating to the admissibility of chemical tests
17for alcohol concentration or intoxication shall not be construed as limiting the
18introduction of any other competent evidence bearing on the question of whether or
19not a person was under the influence of an intoxicant, had a specified alcohol
20concentration, or had an alcohol concentration in the range specified in s. 23.33 (4c)
21(a) 3., 30.681 (1) (bn),
346.63 (2m) or 350.101 350.52 (1) (c).
SB335, s. 66 22Section 66. 938.343 (9) of the statutes is amended to read:
SB335,49,223 938.343 (9) If the violation is one under s. 23.33 or subch. II of ch. 350, or under
24an ordinance enacted in conformity with s. 23.33 or enacted under s. 350.72,

1concerning the use of all-terrain vehicles, order the juvenile to enroll and participate
2in an all-terrain vehicle safety course.
SB335, s. 67 3Section 67. 940.09 (1m) and (3) of the statutes are amended to read:
SB335,49,184 940.09 (1m) A person may be charged with and a prosecutor may proceed upon
5an information based upon a violation of sub. (1) (a) or (b) or both, sub. (1) (a) or (bm)
6or both, sub. (1) (c) or (d) or both, sub. (1) (c) or (e) or both, sub. (1g) (a) or (b) or both,
7or sub. (1g) (c) or (d) or both for acts arising out of the same incident or occurrence.
8If the person is charged with violating both sub. (1) (a) and (b), both sub. (1) (a) and
9(bm), both sub. (1) (c) and (d), both sub. (1) (c) and (e), both sub. (1g) (a) and (b), or
10both sub. (1g) (c) and (d) in the information, the crimes shall be joined under s. 971.12.
11If the person is found guilty of both sub. (1) (a) and (b), both sub. (1) (a) and (bm), both
12sub. (1) (c) and (d), both sub. (1) (c) and (e), both sub. (1g) (a) and (b), or both sub. (1g)
13(c) and (d) for acts arising out of the same incident or occurrence, there shall be a
14single conviction for purposes of sentencing and for purposes of counting convictions
15under s. 23.33 (13) (b) 2. and 3., under s. 30.80 (6) (a) 2. and 3., under s. 343.307 (1)
16or under s. 350.11 (3) (a) 2. and 3 350.74 (1) (b) to (e). Subsection (1) (a), (b), (bm),
17(c), (d), and (e), and sub. (1g) (a), (b), (c), and (d), each require proof of a fact for
18conviction which the other does not require.
SB335,49,20 19(3) An officer who makes an arrest for a violation of this section shall make a
20report as required under s. 23.33 (4t), 30.686, 346.635 or 350.106 350.62.
SB335, s. 68 21Section 68. 940.25 (1m) and (3) of the statutes are amended to read:
SB335,50,922 940.25 (1m) A person may be charged with and a prosecutor may proceed upon
23an information based upon a violation of sub. (1) (a) or (b) or both, sub. (1) (a) or (bm)
24or both, sub. (1) (c) or (d) or both, or sub. (1) (c) or (e) or both for acts arising out of
25the same incident or occurrence. If the person is charged with violating both sub. (1)

1(a) and (b), both sub. (1) (a) and (bm), both sub. (1) (c) and (d), or both sub. (1) (c) and
2(e) in the information, the crimes shall be joined under s. 971.12. If the person is
3found guilty of both sub. (1) (a) and (b), both sub. (1) (a) and (bm), both sub. (1) (c) and
4(d), or both sub. (1) (c) and (e) for acts arising out of the same incident or occurrence,
5there shall be a single conviction for purposes of sentencing and for purposes of
6counting convictions under s. 23.33 (13) (b) 2. and 3., under s. 30.80 (6) (a) 2. or 3.,
7under
ss. 343.30 (1q) and 343.305 or under s. 350.11 (3) (a) 2. and 3 350.74 (1) (b) to
8(e)
. Subsection (1) (a), (b), (bm), (c), (d), and (e) each require proof of a fact for
9conviction which the other does not require.
SB335,50,11 10(3) An officer who makes an arrest for a violation of this section shall make a
11report as required under s. 23.33 (4t), 30.686, 346.635 or 350.106 350.62.
SB335, s. 69 12Section 69. 967.055 (2) (b) of the statutes is amended to read:
SB335,51,313 967.055 (2) (b) Notwithstanding s. 971.29, if the prosecutor seeks to dismiss
14or amend a charge regarding the operation of any type of motorboat under s. 30.681
15(1)
350.52 (1) or a local ordinance in conformity therewith, a charge under s. 30.681
16(2)
350.52 (2), a charge under s. 30.684 (5) 350.60 (5) or a local ordinance in
17conformity therewith or a charge under s. 940.09 or 940.25 if the offense involved the
18use of a any type of motorboat, except a sailboat operating under sail alone, the
19prosecutor shall apply to the court. The application shall state the reasons for the
20proposed amendment or dismissal. The court may approve the application only if the
21court finds that the proposed amendment or dismissal is consistent with the public's
22interest in deterring the operation of motorboats by persons who are under the
23influence of an intoxicant, a controlled substance, a controlled substance analog or
24any combination of an intoxicant, controlled substance and controlled substance
25analog, under the influence of any other drug to a degree which renders him or her

1incapable of operating a motorboat safely, or under the combined influence of an
2intoxicant and any other drug to a degree which renders him or her incapable of
3operating a any type of motorboat safely.
SB335, s. 70 4Section 70. Initial applicability.
SB335,51,95 (1) This act first applies to violations committed or refusals occurring on the
6effective date of this subsection, but does not preclude the counting of other
7convictions that occurred after December 31, 1998, as prior convictions for purposes
8of sentencing by a court or revocation or suspension of the privileges to operate a
9sport recreational vehicle or commercial motorboat.
SB335, s. 71 10Section 71. Effective date. This act takes effect on January 1, 2003.
SB335,51,1111 (End)
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