SB335: Bill Text

SB335,27,24 2. In an action under this subsection for a violation of the intoxicated operation of a commercial motorboat law, the defendant has a defense if he or she proves by a preponderance of the evidence that the bodily harm would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant or did not have an alcohol concentration of 0.04 or more.

Note: This Section restates ss. 23.33 (4c), 30.681 and 350.101, stats., with the following exceptions:

1. Under current law, a person under the age of 19 may not operate an all-terrain vehicle or a snowmobile if the person has alcohol in his or her system. Also, under current law, a person under the age of 21 may not operate a motorboat if the person has alcohol in his or her system. This bill uniformly provides that persons under the age of 21 must maintain absolute sobriety when operating any type of sport recreational vehicle or commercial motorboat.

2. Current law generally provides that a person may not operate a sport recreational vehicle, or cause injury to another by operation of a sport recreational vehicle, when the person has an alcohol concentration of 0.1 or more. This bill makes use of the definition of the term "prohibited alcohol concentration" as used in the motor vehicle code. Thus, in general, no person may operate a sport recreational vehicle, or cause injury to another person by operation of a sport recreational vehicle, with alcohol concentrations listed below:

a. If the person has one or no prior convictions within 10 years prior to the arrest for the current violation, an alcohol concentration of 0.1 or more.

b. If the person has 2 prior convictions within 10 years prior to the arrest for the current violation, an alcohol concentration of 0.08 or more.

c. If the person has 3 or more prior convictions within 10 years prior to the arrest for the current violation, an alcohol concentration of more than 0.02.

3. Instead of using the term "injury", this bill refers to "bodily harm". The term "bodily harm" is defined in s. 350.50 (7) to mean physical pain or injury, illness or any impairment of physical condition. The definition is adopted from s. 939.22 (4), stats.

SB335,28,6 350.54 Preliminary breath screening test. (1) Requirement. A person shall provide a sample of his or her breath for a preliminary breath screening test if a law enforcement officer has reasonable suspicion that the person is violating or has violated the intoxicated operation of a sport recreational vehicle law or the intoxicated operation of a commercial motorboat law, and if, prior to an arrest, the law enforcement officer requested the person to provide this sample.

SB335,28,13 (2) Use of test results. A law enforcement officer may use the results of a preliminary breath screening test for the purpose of deciding whether or not to arrest a person for a violation of the intoxicated operation of a sport recreational vehicle law or the intoxicated operation of a commercial motorboat law, or for the purpose of deciding whether or not to request a chemical test under s. 350.60. Following the preliminary breath screening test, chemical tests may be required of the person under s. 350.60.

SB335,29,4 (3) Admissibility. The result of a preliminary breath screening test is not admissible in any action or proceeding except to show probable cause for an arrest, if the arrest is challenged, to show the presence of an intoxicant in a person, or to show that a chemical test was properly required of a person under s. 350.60.

SB335,29,6 (4) Refusal. There is no penalty for a violation of sub. (1). The general penalty provision under s. 939.61 does not apply to that violation.

Note: This section restates ss. 23.33 (4g), 30.682 and 350.102, stats., except that in sub. (1) a law enforcement officer may require a preliminary breath screening test if there is a reasonable suspicion, rather than probable cause to believe, that a violation has occurred. This change codifies the decision of the Wisconsin Supreme Court in County of Jefferson v. Renz, 231 Wis. 2d 293 (1999).

In addition, current law provides that a preliminary breath screening test is not admissible in any action or proceeding except to show probable cause for an arrest, if the arrest is challenged, or to prove that a chemical test was properly required or requested. This Section provides that the result of the preliminary breath screening test also may be used as evidence of the presence of an intoxicant in a person.

SB335,29,10 350.56 Application of intoxicated operation of a sport recreational vehicle or commercial motorboat law. (1) Motorboats. The intoxicated operation of a sport recreational vehicle law is applicable to the operation of a motorboat upon the waters of this state.

SB335,29,13 (2) Commercial motorboats. The intoxicated operation of a commercial motorboat law is applicable to the operation of a commercial motorboat upon the waters of this state.

SB335,30,4 (3) All-terrain vehicles and snowmobiles. Except as provided in this subsection, the intoxicated operation of a sport recreational vehicle law is applicable to the operation of an all-terrain vehicle and a snowmobile upon frozen waters and upon all property, whether the property is publicly or privately owned and whether or not a fee is charged for the use of that property. The intoxicated operation of a sport recreational vehicle law does not apply to the operation of an all-terrain vehicle or a snowmobile on private land that is not designated as an all-terrain vehicle trail or a snowmobile trail unless an accident involving personal injury occurs as the result of the operation of the all-terrain vehicle or snowmobile or the all-terrain vehicle or snowmobile was operated on the private land without the consent of the owner of that land.

Note: Current law provides that the intoxicated operation of an all-terrain vehicle law is applicable upon all premises held out to the public for use of their all-terrain vehicles, whether the premises are publicly or privately owned and whether or not a fee is charged for use of the premises. The law also provides that the intoxicated snowmobiling law applies to all property, whether the property is publicly or privately owned and whether or not a fee is charged for the use of that property. However, the snowmobiling law does not apply to the operation of a snowmobile on private land not designated as a snowmobile trail unless an accident involving personal injury occurs and the snowmobile was operated on the private land without the owner's consent.

The bill makes the following changes:

1. The bill specifically incorporates the phrase "upon the waters of this state" from s. 30.683, stats., for the purpose of stating the place of application of the intoxicated operation of a sport recreational vehicle law to motorboats and the place of application of the intoxicated operation of a commercial motorboat law.

2. The provisions describing the applicability of the intoxicated operation of a sport recreational vehicle law are combined with respect to all-terrain vehicles and snowmobiles. The law will be applicable upon frozen waters and upon all property, whether the property is publicly or privately owned and whether or not a fee is charged for the use of that property. The factual question of whether property is held out to the public for use of an all-terrain vehicle is eliminated. The law will not apply to the operation of an all-terrain vehicle or a snowmobile on private land not designated as an all-terrain vehicle trail or as a snowmobile trail unless an accident involving personal injury occurs as the result of the operation of the all-terrain vehicle or snowmobile or the all-terrain vehicle or the snowmobile was operated on the private land without the consent of the owner of that land.

SB335,30,12 350.58 Implied consent. A person who engages in the operation of a sport recreational vehicle or commercial motorboat in or on those areas enumerated in s. 350.56 is considered to have given consent to provide one or more samples of his or her breath, blood, or urine for the purpose of authorized analysis as required under s. 350.60. A person who engages in the operation of a sport recreational vehicle or commercial motorboat within this state is considered to have given consent to submit to one or more chemical tests of his or her breath, blood, or urine for the purpose of authorized analysis as required under s. 350.60.

Note: This section restates ss. 23.33 (4L), 30.683 and 350.103, stats.

SB335,31,10 350.60 Chemical tests. (1) Requirement. (a) Samples; submission to tests. A person shall provide one or more samples of his or her breath, blood, or urine for the purpose of authorized analysis if he or she is arrested for a violation of the intoxicated operation of a sport recreational vehicle law or the intoxicated operation of a commercial motorboat law, and if he or she is requested to provide the sample by a law enforcement officer. A person shall submit to one or more chemical tests of his or her breath, blood, or urine for the purpose of authorized analysis if he or she is arrested for a violation of the intoxicated operation of a sport recreational vehicle law or the intoxicated operation of a commercial motorboat law, and if he or she is requested to submit to the test by a law enforcement officer.

SB335,31,14 (b) Information. 1. Except as provided in subd. 2., a law enforcement officer requesting a person to provide a sample or to submit to a chemical test under par. (a) shall inform the person of all of the following at the time of the request and prior to obtaining the sample or administering the test:

SB335,31,16 "a. You have either been arrested for an offense that involves driving or operating a sport recreational vehicle while under the influence of an intoxicant.

SB335,31,24 b. This law enforcement agency now wants to test one or more samples of your breath, blood, or urine to determine the concentration of an intoxicant in your system. If any test shows more alcohol in your system than the law permits while operating, your operating privilege will be suspended. If you refuse to take any test that this agency requests, your operating privilege will be revoked and you will be subject to other penalties. The test results or the fact that you refused testing can be used against you in court. The law does not provide you with a right to contact an attorney before submitting to a chemical test.

SB335,32,4 c. If you take all of the requested tests, you may choose to take further tests. You may take the alternative test that this law enforcement agency provides free of charge. You also may have a test conducted by a qualified person of your choice at your expense. You, however, will have to make your own arrangements for that test."

SB335,32,8 2. If the person being informed under subd. 1. was arrested for a violation of the intoxicated operation of a commercial motorboat law, the law enforcement officer shall, in lieu of the first paragraph of the information provided under subd. 1., inform the person of the following:

SB335,32,10 "a. You have been arrested for an offense that involves operating a commercial motorboat while under the influence of an intoxicant."

SB335,32,17 (c) Unconscious person. A person who is unconscious or otherwise not capable of withdrawing consent is presumed not to have withdrawn consent under this subsection, and if a law enforcement officer has probable cause to believe that the person violated the intoxicated operation of a sport recreational vehicle law or the intoxicated operation of a commercial motorboat law, one or more chemical tests may be administered to the person without a request under par. (a) and without providing information under par. (b).

SB335,32,23 (2) Chemical tests. (a) Test facility. Upon the request of a law enforcement officer, a test facility shall administer a chemical test of breath, blood, or urine for the purpose of authorized analysis. A test facility shall be prepared to administer 2 of the 3 chemical tests of breath, blood, or urine for the purpose of authorized analysis. The department may enter into agreements for the cooperative use of test facilities.

SB335,33,3 (b) Designated chemical test. A test facility shall designate one chemical test of breath, blood, or urine which it is prepared to administer first for the purpose of authorized analysis.

SB335,33,7 (c) Additional chemical test. A test facility shall specify one chemical test of breath, blood, or urine, other than the test designated under par. (b), which it is prepared to administer for the purpose of authorized analysis as an additional chemical test.

SB335,33,19 (d) Validity; procedure. A chemical test of blood or urine conducted for the purpose of authorized analysis is valid as provided under s. 343.305 (6). The duties and responsibilities of the laboratory of hygiene, department of health and family services, and department of transportation under s. 343.305 (6) apply to a chemical test of blood or urine conducted for the purpose of authorized analysis under this section. Blood may be withdrawn from a person arrested for a violation of the intoxicated operation of a sport recreational vehicle law or the intoxicated operation of a commercial motorboat law only by a physician, registered nurse, medical technologist, physician assistant, or person acting under the direction of a physician, and the person who withdraws the blood, the employer of that person, and any hospital where blood is withdrawn have immunity from civil or criminal liability as provided under s. 895.53.

SB335,34,2 (e) Report. A test facility that administers a chemical test of breath, blood, or urine for the purpose of authorized analysis under this section shall prepare a written report which shall include the findings of the chemical test, the identification of the law enforcement officer or the person who requested a chemical test, and the identification of the person who provided the sample or submitted to the chemical test. The test facility shall transmit a copy of the report to the law enforcement officer and the person who provided the sample or submitted to the chemical test.

SB335,34,12 (3) Additional and optional chemical tests. (a) Additional chemical test. If a person is arrested for a violation of the intoxicated operation of a sport recreational vehicle law or the intoxicated operation of a commercial motorboat law, or is the operator of a sport recreational vehicle or commercial motorboat involved in an accident resulting in great bodily harm to or the death of someone, and if the person is requested to provide a sample or to submit to a test under sub. (1) (a), the person may request the test facility to administer the additional chemical test specified under sub. (2) (c) or, at his or her own expense, reasonable opportunity to have any qualified person administer a chemical test of his or her breath, blood, or urine for the purpose of authorized analysis.

SB335,34,22 (b) Optional test. If a person is arrested for a violation of the intoxicated operation of a sport recreational vehicle law or the intoxicated operation of a commercial motorboat law and if the person is not requested to provide a sample or to submit to a test under sub. (1) (a), the person may request the test facility to administer a chemical test of his or her breath or, at his or her own expense, reasonable opportunity to have any qualified person administer a chemical test of his or her breath, blood, or urine for the purpose of authorized analysis. If a test facility is unable to perform a chemical test of breath, the person may request the test facility to administer the designated chemical test under sub. (2) (b) or the additional chemical test under sub. (2) (c).

SB335,34,24 (c) Compliance with request. A test facility shall comply with a request under this subsection to administer any chemical test that it is able to perform.

SB335,35,3 (d) Inability to obtain chemical test. The failure or inability of a person to obtain a chemical test at his or her own expense does not preclude the admission of evidence of the results of a chemical test required and administered under subs. (1) and (2).

SB335,35,12 (4) Admissibility; effect of test results; other evidence. The results of a chemical test required or administered under sub. (1), (2), or (3) are admissible in any civil or criminal action or proceeding arising out of the acts committed by a person alleged to have violated the intoxicated operation of a sport recreational vehicle law or the intoxicated operation of a commercial motorboat law on the issue of whether the person was under the influence of an intoxicant or the issue of whether the person had alcohol concentrations at or above specified levels. Results of these chemical tests shall be given the effect required under s. 885.235. This section does not limit the right of a law enforcement officer to obtain evidence by any other lawful means.

SB335,35,20 (5) Refusal. No person may refuse a lawful request to provide one or more samples of his or her breath, blood, or urine or to submit to one or more chemical tests under sub. (1). A person shall not be considered to refuse to provide a sample or to submit to a chemical test if it is shown by a preponderance of the evidence that the refusal was due to a physical inability to provide the sample or to submit to the test due to a physical disability or disease unrelated to the use of an intoxicant. Issues in any action for which the penalties under s. 350.74 (1) may be imposed for a violation of sub. (1) or this subsection are limited to:

SB335,35,23 (a) Whether the law enforcement officer had probable cause to believe that the person was violating or had violated the intoxicated operation of a sport recreational vehicle law or the intoxicated operation of a commercial motorboat law.

SB335,36,3 (b) Whether the person was lawfully placed under arrest for violating the intoxicated operation of a sport recreational vehicle law or the intoxicated operation of a commercial motorboat law.

SB335,36,7 (c) Whether the law enforcement officer requested the person to provide a sample or to submit to a chemical test and provided the information required under sub. (1) (b) or whether the request and information were unnecessary under sub. (1) (c).

SB335,36,9 (d) Whether the person refused to provide a sample or to submit to a chemical test.

SB335,36,12 (6) Issues raised by motion. An issue raised under sub. (5) (a) or (b) shall be raised by the defendant as a motion before trial contesting the validity of the arrest in the same manner as motions in misdemeanor actions filed under s. 971.31.

Note: This section restates ss. 23.33 (4p), 30.684 and 350.104, stats. Subsection (6) is added to clarify that issues surrounding the lawful arrest of a person are matters to be determined by the court and not a jury.

SB335,36,16 350.62 Report arrest to department. If a law enforcement officer arrests a person for a violation of the intoxicated operation of a sport recreational vehicle law, the intoxicated operation of a commercial motorboat law, or the refusal law, the law enforcement officer shall notify the department of the arrest as soon as practicable.

Note: This section restates ss. 23.33 (4t), 30.686 and 350.106, stats.

SB335,37,2 350.64 Officer's action after arrest for operating a sport recreational vehicle or commercial motorboat while under influence of intoxicant. A person arrested for a violation of s. 350.52 (1) (a) or (b) or a local ordinance in conformity with those paragraphs or s. 350.52 (2) (a) or (b) may not be released until 12 hours have elapsed from the time of his or her arrest or unless a chemical test administered under s. 350.60 (1) (a) shows that the person has an alcohol concentration of less than 0.02, but the person may be released to his or her attorney, spouse, relative, or other responsible adult at any time after arrest.

Note: This section restates ss. 23.33 (4x), 30.687 and 350.107, stats., except that the alcohol concentration level that will authorize immediate release after arrest is reduced from the current level of 0.05 or less to less than 0.02.

SB335,37,4 350.66 Public education program. (1) The department shall promulgate rules to provide for a public education program to:

SB335,37,8 (a) Inform sport recreational vehicle operators of the prohibitions and penalties included in the intoxicated operation of a sport recreational vehicle law. The snowmobile recreational council may assist the department in developing the public education program.

SB335,37,10 (b) Provide for the development of signs briefly explaining the intoxicated operation of a sport recreational vehicle law.

SB335,37,14 (2) The department shall develop and issue an educational pamphlet on the intoxicated operation of a sport recreational vehicle law to be distributed to persons issued registration certificates or cards under s. 23.33 (2) or (2g), 30.52 (5) (b), 350.12, or 350.122.

Note: This section restates ss. 23.33 (4z) and 350.108, stats. A similar provision is not found in ch. 30, stats., relating to motorboats; however, s. 30.74 (1), stats., requires the department of natural resources (DNR) to create comprehensive courses on boating safety and operation. The bill additionally requires DNR to distribute to a motorboat registrant an educational pamphlet on the intoxicated operation of a sport recreational vehicle law.

SB335,37,16 350.68 Enforcement. (1) A law enforcement officer may enforce the provisions of this subchapter.

SB335,37,18 (2) No operator of a sport recreational vehicle or a commercial motorboat may do any of the following:

SB335,37,20 (a) Fail or refuse to comply with any unlawful order, signal, or direction of a law enforcement officer.

SB335,38,2 (b) Disobey the instructions of any official traffic sign or signal unless otherwise directed by a law enforcement officer.

SB335,38,7 (c) After having received a visual or audible signal to stop his or her sport recreational vehicle or commercial motorboat from a law enforcement officer, or marked police vehicle, knowingly resist the law enforcement officer by failing to stop the sport recreational vehicle or commercial motorboat as promptly as safety reasonably permits.

SB335,38,14 (d) After having received a visual or audible signal from a law enforcement officer, or marked police vehicle, knowingly flee or attempt to elude any law enforcement officer by willful or wanton disregard of such signal so as to interfere with or endanger the operation of the police vehicle, or the law enforcement officer or other vehicles or individuals, nor may the operator increase the speed of the operator's sport recreational vehicle or commercial motorboat, or extinguish the lights of the sport recreational vehicle in an attempt to elude or flee.

SB335,38,19 (3) Notwithstanding subs. (1) and (2), no law enforcement officer may stop a snowmobile operator for a violation of a statutory provision under this subchapter or a rule promulgated or an ordinance adopted under this subchapter unless the law enforcement officer has reasonable cause to believe that the operator has committed the 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.

SB335,38,20 350.70 Liability of landowners. Section 895.52 applies to this subchapter.

Note: This section restates ss. 23.33 (10) and 350.19, stats.

SB335,39,3 350.72 Local ordinances. A county, town, city, or village may enact an ordinance that is imposed, in strict conformity with one or more provisions of this subchapter 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.

SB335,39,9 350.74 Penalties. (1) Penalties related to prohibited operation of a sport recreational vehicle or commercial motorboat; intoxicants; refusal. (a) Except as provided under pars. (b) to (f), a person who violates s. 350.52 (1) (a) or (b) or the refusal law shall forfeit not less than $150 nor more than $300 and shall have his or her privilege to operate a sport recreational vehicle or commercial motorboat revoked for one year.

SB335,39,17 (b) Except as provided in par. (f) and subject to sub. (7), a person who violates s. 350.52 (1) (a) or (b) and who, within 10 years prior to the arrest for the current violation, was convicted previously under the intoxicated operation of a sport recreational vehicle law, the intoxicated operation of a commercial motorboat law, or the refusal law shall be fined not less than $300 nor more than $1,100, shall be imprisoned for not less than 5 days nor more than 6 months, and shall have his or her privilege to operate a sport recreational vehicle or commercial motorboat revoked for 2 years.

SB335,40,2 (c) Except as provided in pars. (f) and (g) and subject to sub. (7), a person who violates s. 350.52 (1) (a) or (b) and who, within 10 years prior to the arrest for the current violation, was convicted 2 times previously under the intoxicated operation of a sport recreational vehicle law, the intoxicated operation of a commercial motorboat law, or the refusal law shall be fined not less than $600 nor more than $2,000, shall be imprisoned for not less than 30 days nor more than one year in the county jail, and shall have his or her privilege to operate a sport recreational vehicle or commercial motorboat revoked for 3 years.

SB335,40,10 (d) Except as provided in pars. (f) and (g) and subject to sub. (7), a person who violates s. 350.52 (1) (a) or (b) and who, within 10 years prior to the arrest for the current violation, was convicted 3 times previously under the intoxicated operation of a sport recreational vehicle law, the intoxicated operation of a commercial motorboat law, or the refusal law shall be fined not less than $600 nor more than $2,000, shall be imprisoned for not less than 60 days nor more than one year in the county jail, and shall have his or her privilege to operate a sport recreational vehicle or commercial motorboat revoked for 4 years.

SB335,40,18 (e) Except as provided in pars. (f) and (g) and subject to sub. (7), a person who violates s. 350.52 (1) (a) or (b) and who, within 10 years prior to the arrest for the current violation, was convicted 4 or more times previously under the intoxicated operation of a sport recreational vehicle law, the intoxicated operation of a commercial motorboat law, or the refusal law shall be fined not less than $600 nor more than $2,000, shall be imprisoned for not less than 6 months nor more than 7 years and 6 months, and shall have his or her privilege to operate a sport recreational vehicle or commercial motorboat revoked for 5 years.

SB335,41,2 (f) If there was a minor passenger under 16 years of age in or on the vehicle at the time of the violation that gave rise to the conviction under s. 350.52 (1) (a) or (b), the applicable minimum and maximum forfeitures, fines, or imprisonment under par. (a), (b), (c), (d), or (e) for the conviction are doubled. An offense under s. 350.52 (1) (a) or (b) that subjects a person to a penalty under par. (c), (d), or (e) when there is a minor passenger under 16 years of age in the sport recreational vehicle or commercial motorboat is a felony and the place of imprisonment shall be determined under s. 973.02.

SB335,41,5 (g) 1. If a person convicted under s. 350.52 (1) (a) or (b) had an alcohol concentration of 0.17 to 0.199, the applicable minimum and maximum fines under pars. (c) to (e) are doubled.

SB335,41,8 2. If a person convicted under s. 350.52 (1) (a) or (b) had an alcohol concentration of 0.20 to 0.249, the applicable minimum and maximum fines under pars. (c) to (e) are tripled.

SB335,41,11 3. If a person convicted under s. 350.52 (1) (a) or (b) had an alcohol concentration of 0.25 or above, the applicable minimum and maximum fines under pars. (c) to (e) are quadrupled.

SB335,41,13 4. The increased fines provided in this paragraph do not apply if a person convicted under s. 350.52 (1) (a) or (b) is subject to par. (f).

SB335,41,14 (h) A person who violates s. 350.52 (1) (c) shall forfeit not more than $50.

SB335,41,19 (2) Operation during revocation or suspension. No person whose operating privilege has been revoked under sub. (1) (a) to (f) or suspended under s. 350.76 (4) may operate a sport recreational vehicle or commercial motorboat during the period of revocation. Any person who violates this subsection shall be fined not more than $2,500 and imprisoned for not more than one year in the county jail.

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.