SB335: Bill Text

SB335,41,23 (3) Causing bodily harm or property damage; intoxicants. A person who violates s. 350.52 (2) by causing bodily harm shall 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.

SB335,42,2 (4) Property damage. When sentencing a person convicted for a violation of s. 350.52 (1) or (2), a court may order the payment of restitution, using the applicable procedures under s. 800.093 or 973.20, if the violation resulted in damage to the property of a person other than the defendant.

SB335,42,6 (5) Penalties for refusal to obey law enforcement officers, signs, and signals. (a) A person who violates s. 350.68 (2) (a) or (b) may be required to forfeit not less than $20 nor more than $40 for the first conviction and not less than $50 nor more than $100 for the 2nd or subsequent conviction within a year.

SB335,42,8 (b) A person who violates s. 350.68 (2) (c) may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

SB335,42,11 (c) 1. Except as provided in subd. 2., 3., or 4., a person who violates s. 350.68 (3) (d) shall be fined not less than $600 nor more than $10,000 and may be imprisoned for not more than 3 years.

SB335,42,14 2. If the violation results in bodily harm to another, or causes damage to the property of another, as defined in s. 939.22 (28), the person shall be fined not less than $1,000 nor more than $10,000 and may be imprisoned for not more than 3 years.

SB335,42,17 3. If the violation results in great bodily harm, as defined in s. 939.22 (14), to another, the person shall be fined not less than $1,100 nor more than $10,000 and may be imprisoned for not more than 3 years.

SB335,42,20 4. If the violation results in the death of another, the person shall be fined not less than $1,100 nor more than $10,000 and may be imprisoned for not more than 7 years and 6 months.

SB335,42,24 (6) Sentence of detention. The legislature intends that courts use the sentencing option under s. 973.03 (4) whenever appropriate for persons subject to par. (a) 2. or 3. or (b). The use of this option can result in significant cost savings for the state and local governments.

SB335,43,3 (7) Calculation of previous convictions. (a) The court shall include the following convictions in determining the number of previous convictions under sub. (1) (b) to (e):

SB335,43,5 1. The intoxicated operation of an all-terrain vehicle law and refusal law, as defined in s. 23.33 (1) (ic) and (jm), 1999 stats.

SB335,43,7 2. The intoxicated boating law and refusal law, as defined in s. 30.50 (4m) and (9x), 1999 stats.

SB335,43,9 3. The intoxicated snowmobiling law and refusal law, as defined in s. 350.01 (9c) and (10r), 1999 stats.

SB335,43,11 (b) Previous convictions under par. (a) apply only to convictions occurring on or after January 1, 1998.

SB335,43,14 (c) In determining the number of previous convictions under sub. (1) (b) to (e), convictions arising out of the same incident or occurrence shall be counted as one previous conviction.

SB335,43,21 (8) Reporting convictions to the department. Whenever a person is convicted of a violation of the intoxicated operation of a sport recreational vehicle law or the intoxicated operation of a commercial motorboat law, the clerk of the court in which the conviction occurred, or the justice, judge, or magistrate of a court not having a clerk, shall forward to the department the record of such conviction. The record of conviction shall state whether the offender was involved in an accident at the time of the offense.

SB335,44,4 (9) Intoxicants; assessment. In addition to any other penalty or order, a person who violates s. 350.52 (1) or (2) or 350.60 (5), or who violates s. 940.09 or 940.25 if the violation involves the operation of a sport recreational vehicle or commercial motorboat, shall be ordered by the court to submit to and comply with an assessment by an approved public treatment facility for an examination of the person's use of intoxicants. The assessment order shall comply with s. 343.30 (1q) (c) 1. a. to c. Intentional failure to comply with an assessment ordered under this subsection constitutes contempt of court and is punishable under ch. 785.

SB335,44,12 (10) Certificate of satisfactory completion of safety course. In addition to any other penalty or order, a person who violates s. 350.52 (1) or (2), 350.60 (5), 940.09, or 940.25, and the violation involves the operation of a motorboat or a commercial motorboat, shall be ordered by the court to obtain a certificate of satisfactory completion of a safety course under s. 30.74 (1) (a). If the person has a valid certificate at the time that the court imposes sentence, the court shall permanently revoke the certificate and order the person to obtain a certificate of satisfactory completion of a safety course under s. 30.74 (1) (a).

SB335,44,16 (11) Restoration or replacement of signs and standards. In addition to any other penalty, a court may order a defendant to restore or replace any uniform all-terrain vehicle or snowmobile route or trail sign or standard that the defendant removed, 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.

SB335,46,6 350.76 Operator improvement surcharge. (1) If a court imposes a fine or a forfeiture for a violation of the intoxicated operation of a sport recreational vehicle law or the intoxicated operation of a commercial motorboat law, it shall impose 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.

SB335,46,10 (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 38.5% of the amount to the state treasurer as provided in s. 59.25 (3) (f) 2.

SB335,46,15 (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 38.5% of the amount to the state treasurer as provided in s. 66.0114 (1) (bm). The treasurer of the city, town, or village shall transmit the remaining 61.5% of the amount to the treasurer of the county.

SB335,46,21 (3) All moneys collected from the operator improvement surcharge that are transmitted to the county treasurer under sub. (2) (a) or (b), except the amounts that the county treasurer is required to transmit to the state treasurer under sub. (2) (a) or (b), shall be retained by the county treasurer and disbursed to the county department under s. 51.42 for services under s. 51.42 for operators referred through assessment.

SB335,47,5 (4) If a court imposes an operator improvement surcharge under sub. (1) and the person fails to pay the surcharge within 60 days after the date by which the court ordered the surcharge to be paid, the court may suspend the person's operating privilege until the person pays the surcharge, except that the suspension period may not 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 Section 62. 350.99 of the statutes is renumbered 350.21, and 350.21 (1), as renumbered, is amended to read:

SB335,47,11 350.21 (1) Whoever is concerned in the commission of a violation of this chapter subchapter for which a forfeiture is imposed is a principal and may be charged with and convicted of the violation although he or she did not directly commit it and although the person who directly committed it has not been convicted of the violation.

SB335, s. 63 Section 63. 800.001 of the statutes is amended to read:

SB335,47,16 800.001 Definition. In this chapter, "general statutory counterpart ordinance" means an ordinance which prohibits conduct which is the same as or similar to conduct prohibited by state statute, but does not include an ordinance enacted by a local authority in accordance with s. 30.77 or , 349.06, or 350.72.

SB335, s. 64 Section 64. 800.02 (2) (b) of the statutes is amended to read:

SB335,48,2 800.02 (2) (b) Except for parking violations, in traffic regulation actions in municipal court, the uniform traffic citation specified in s. 345.11 shall be used in lieu of the citation form specified in par. (a). In actions for violations of local ordinances enacted in accordance with s. 23.33 (11) (am) or , 30.77, or 350.72, the citation form specified in s. 23.54 shall be used in lieu of the citation form specified in par. (a).

SB335, s. 65 Section 65. 885.235 (1m) and (4) of the statutes are amended to read:

SB335,48,15 885.235 (1m) In any action under s. 23.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m) or (7) or 350.101 350.52 (1) (c), evidence of the amount of alcohol in the person's blood at the time in question, as shown by chemical analysis of a sample of the person's blood or urine or evidence of the amount of alcohol in the person's breath, is admissible on the issue of whether he or she had an alcohol concentration in the range specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m) or 350.101 350.52 (1) (c) or an alcohol concentration above 0.0 under s. 346.63 (7) if the sample was taken within 3 hours after the event to be proved. The fact that the analysis shows that the person had an alcohol concentration of more than 0.0 but not more than 0.1 is prima facie evidence that the person had an alcohol concentration in the range specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m) or 350.101 350.52 (1) (c) or an alcohol concentration above 0.0 under s. 346.63 (7).

SB335,48,21 (4) The provisions of this section relating to the admissibility of chemical tests for alcohol concentration or intoxication shall not be construed as limiting the introduction of any other competent evidence bearing on the question of whether or not a person was under the influence of an intoxicant, had a specified alcohol concentration, or had an alcohol concentration in the range specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m) or 350.101 350.52 (1) (c).

SB335, s. 66 Section 66. 938.343 (9) of the statutes is amended to read:

SB335,49,2 938.343 (9) If the violation is one under s. 23.33 or subch. II of ch. 350, or under an ordinance enacted in conformity with s. 23.33 or enacted under s. 350.72, concerning the use of all-terrain vehicles, order the juvenile to enroll and participate in an all-terrain vehicle safety course.

SB335, s. 67 Section 67. 940.09 (1m) and (3) of the statutes are amended to read:

SB335,49,18 940.09 (1m) A person may be charged with and a prosecutor may proceed upon an information based upon a violation of sub. (1) (a) or (b) or both, sub. (1) (a) or (bm) or both, sub. (1) (c) or (d) or both, sub. (1) (c) or (e) or both, sub. (1g) (a) or (b) or both, or sub. (1g) (c) or (d) or both for acts arising out of the same incident or occurrence. If the person is charged with violating both sub. (1) (a) and (b), both sub. (1) (a) and (bm), both sub. (1) (c) and (d), both sub. (1) (c) and (e), both sub. (1g) (a) and (b), or both sub. (1g) (c) and (d) in the information, the crimes shall be joined under s. 971.12. If the person is found guilty of both sub. (1) (a) and (b), both sub. (1) (a) and (bm), both sub. (1) (c) and (d), both sub. (1) (c) and (e), both sub. (1g) (a) and (b), or both sub. (1g) (c) and (d) for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 23.33 (13) (b) 2. and 3., under s. 30.80 (6) (a) 2. and 3., under s. 343.307 (1) or under s. 350.11 (3) (a) 2. and 3 350.74 (1) (b) to (e). Subsection (1) (a), (b), (bm), (c), (d), and (e), and sub. (1g) (a), (b), (c), and (d), each require proof of a fact for conviction which the other does not require.

SB335,49,20 (3) An officer who makes an arrest for a violation of this section shall make a report as required under s. 23.33 (4t), 30.686, 346.635 or 350.106 350.62.

SB335, s. 68 Section 68. 940.25 (1m) and (3) of the statutes are amended to read:

SB335,50,9 940.25 (1m) A person may be charged with and a prosecutor may proceed upon an information based upon a violation of sub. (1) (a) or (b) or both, sub. (1) (a) or (bm) or both, sub. (1) (c) or (d) or both, or sub. (1) (c) or (e) or both for acts arising out of the same incident or occurrence. If the person is charged with violating both sub. (1) (a) and (b), both sub. (1) (a) and (bm), both sub. (1) (c) and (d), or both sub. (1) (c) and (e) in the information, the crimes shall be joined under s. 971.12. If the person is found guilty of both sub. (1) (a) and (b), both sub. (1) (a) and (bm), both sub. (1) (c) and (d), or both sub. (1) (c) and (e) for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 23.33 (13) (b) 2. and 3., under s. 30.80 (6) (a) 2. or 3., under ss. 343.30 (1q) and 343.305 or under s. 350.11 (3) (a) 2. and 3 350.74 (1) (b) to (e). Subsection (1) (a), (b), (bm), (c), (d), and (e) each require proof of a fact for conviction which the other does not require.

SB335,50,11 (3) An officer who makes an arrest for a violation of this section shall make a report as required under s. 23.33 (4t), 30.686, 346.635 or 350.106 350.62.

SB335, s. 69 Section 69. 967.055 (2) (b) of the statutes is amended to read:

SB335,51,3 967.055 (2) (b) Notwithstanding s. 971.29, if the prosecutor seeks to dismiss or amend a charge regarding the operation of any type of motorboat under s. 30.681 (1) 350.52 (1) or a local ordinance in conformity therewith, a charge under s. 30.681 (2) 350.52 (2), a charge under s. 30.684 (5) 350.60 (5) or a local ordinance in conformity therewith or a charge under s. 940.09 or 940.25 if the offense involved the use of a any type of motorboat, except a sailboat operating under sail alone, the prosecutor shall apply to the court. The application shall state the reasons for the proposed amendment or dismissal. The court may approve the application only if the court finds that the proposed amendment or dismissal is consistent with the public's interest in deterring the operation of motorboats by persons who are under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, controlled substance and controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of operating a motorboat safely, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of operating a any type of motorboat safely.

SB335, s. 70 Section 70. Initial applicability.

SB335,51,9 (1) This act first applies to violations committed or refusals occurring on the effective date of this subsection, but does not preclude the counting of other convictions that occurred after December 31, 1998, as prior convictions for purposes of sentencing by a court or revocation or suspension of the privileges to operate a sport recreational vehicle or commercial motorboat.

SB335, s. 71 Section 71. Effective date. This act takes effect on January 1, 2003.

SB335,51,11 (End)