SB338: Bill Text

SB338, s. 45 Section 45. 346.65 (3m) and (7) of the statutes are amended to read:

SB338,32,3 346.65 (3m) Any person violating s. 346.63 (2) or (6) 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. If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under s. 346.63 (2) or (6), the offense is a felony, the applicable minimum and maximum fines or periods of imprisonment for the conviction are doubled , and the place of imprisonment shall be determined under s. 973.02.

SB338,32,6 (7) A person convicted sentenced to imprisonment under sub. (2) (b), (c), (d), or (e) or, (2j) (b) or (c), or (3m) shall be required to remain in the county jail for not less 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.

SB338, s. 46 Section 46. 346.65 (8) of the statutes is created to read:

SB338,32,11 346.65 (8) When sentencing a person convicted for a violation of s. 346.63 (1), (2), or (6), a court may order the payment of restitution, using the applicable procedures under s. 800.093 or 973.20, for property damage caused by the person in the 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.

SB338, s. 47 Section 47. 346.66 of the statutes is amended to read:

SB338,33,4 346.66 Applicability of sections relating to accidents and accident reporting. In addition to being applicable upon highways, ss. 346.67 to 346.70 are applicable upon frozen waters, 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 buildings of 4 or more units for the use of their motor vehicles, whether such premises are publicly or privately owned and whether or not a fee is charged for the use thereof. These sections do not apply to 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.

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.

SB338, s. 48 Section 48. 351.02 (1) (a) 10. of the statutes is amended to read:

SB338,33,20 351.02 (1) (a) 10. Any offense under the law of another jurisdiction prohibiting conduct described in sections 6-207, 6-302, 10-102, 10-103, 10-104, 11-901, 11-902, 11-907 or 11-908 of the uniform vehicle code and model traffic ordinance (1987), or prohibiting homicide or manslaughter resulting from the operation of a motor vehicle, use of a motor vehicle in the commission of a felony, reckless or careless driving or driving a motor vehicle with wilful or wanton disregard for the safety of persons or property, driving or operating a motor vehicle while under the influence of alcohol, a controlled substance, a controlled substance analog or any other drug or a combination thereof as prohibited an intoxicant, refusal to submit to chemical testing, perjury or the making false statements or affidavits to a governmental agency in connection with the ownership or operation of a motor vehicle, failing to stop and identify oneself as the driver or operator in the event of a motor vehicle accident with a person or an attended motor vehicle or fleeing from or attempting to elude a police, law enforcement or other peace officer, as those or substantially similar terms are used in that jurisdiction's laws.

SB338, s. 49 Section 49. 800.08 (5) of the statutes is created to read:

SB338,34,6 800.08 (5) In municipal court, the results of a blood alcohol analysis, as shown by a certified copy of the analysis, are admissible, unless the defendant makes a written request to the municipal court for the personal appearance of the blood analyst and the person who drew the blood. The request shall be made not later than 10 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.

SB338, s. 50 Section 50. 885.235 (1) (b) and (c) of the statutes are repealed and recreated to read:

SB338,34,9 885.235 (1) (b) "Intoxicant" has the meaning given in s. 939.22 (19m).

SB338,34,11 (c) "Under the influence of an intoxicant" has the meaning given in s. 939.22 (42).

SB338, s. 51 Section 51. 885.235 (1) (bd) of the statutes is repealed.

SB338, s. 52 Section 52. 885.235 (1g) (a) of the statutes is amended to read:

SB338,34,18 885.235 (1g) (a) 1. The fact that the analysis shows that the person had an alcohol concentration of more than 0.0 but less than 0.08 is relevant evidence on the issue of being under the combined influence of alcohol and a controlled substance, a controlled substance analog or any other drug an intoxicant, but, except as provided in par. (d) or sub. (1m), is not to be given any prima facie effect.

SB338,35,2 2. The fact that the analysis shows that the person had an alcohol concentration of more than 0.0 but less than 0.1 is relevant evidence on the issue of being under the combined influence of alcohol and a controlled substance, a controlled substance analog or any other drug an intoxicant but, except as provided in par. (d) or sub. (1m), is not to be given any prima facie effect.

SB338, s. 53 Section 53. 895.53 (2) of the statutes is amended to read:

SB338,35,10 895.53 (2) Any person withdrawing blood at the request of a traffic officer, law enforcement officer or conservation warden for the purpose of determining the presence or quantity of alcohol, controlled substances, controlled substance analogs or any combination of alcohol, controlled substances and controlled substance analogs an intoxicant, as defined in s. 340.01 (25d), is immune from any civil or criminal liability for the act, except for civil liability for negligence in the performance of the act.

SB338, s. 54 Section 54. 939.22 (19m) of the statutes is created to read:

SB338,35,12 939.22 (19m) "Intoxicant" means any of the following:

SB338,35,14 (a) Alcohol, a controlled substance, a controlled substance analog, any other drug, or a vapor-releasing substance.

SB338,35,16 (b) Any combination of alcohol, a controlled substance, a controlled substance analog, 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.

SB338, s. 55 Section 55. 939.22 (42) of the statutes is repealed and recreated to read:

SB338,35,18 939.22 (42) "Under the influence of an intoxicant" means any of the following:

SB338,35,22 (a) A condition in which a person's ability to operate a vehicle, because of the consumption or use of an intoxicant, is impaired to the extent that the person is less able to exercise the clear judgment and steady hand necessary to handle and control a vehicle.

SB338,36,2 (b) A condition in which a person's ability to handle a firearm or airgun is materially 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.

SB338, s. 56 Section 56. 949.08 (2) (e) and (em) of the statutes are amended to read:

SB338,36,10 949.08 (2) (e) Is an adult passenger in the offender's vehicle and the crime involved is specified in s. 346.63 (2) or 940.25 and the passenger knew the offender was 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, or had a prohibited alcohol concentration, as defined in s. 340.01 (46m). This paragraph does not apply if the victim is also a victim of a crime specified in s. 940.30, 940.305, 940.31 or 948.30.

SB338,36,17 (em) Is an adult passenger in the offender's commercial motor vehicle and the crime involved is specified in s. 346.63 (6) or 940.25 and the passenger knew the offender was 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, or had an alcohol concentration of 0.04 or more but less than 0.1. This paragraph does not apply if the victim is also a victim of a crime specified in s. 940.30, 940.305, 940.31 or 948.30.

SB338, s. 57 Section 57. 967.055 (title) and (1) (a) of the statutes are amended to read:

SB338,37,6 967.055 (title) Prosecution of offenses; operation of a motor vehicle or motorboat; alcohol, or intoxicant or drug. (1) (a) The legislature intends to encourage the vigorous prosecution of offenses concerning the operation of motor vehicles by persons 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 safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving as defined in s. 340.01 (25d), or having a prohibited alcohol concentration, as defined in s. 340.01 (46m), or offenses concerning the operation of commercial motor vehicles by persons with an alcohol concentration of 0.04 or more.

SB338, s. 58 Section 58. 967.055 (1m) of the statutes is repealed.

SB338, s. 59 Section 59. 967.055 (2) (a) of the statutes is amended to read:

SB338,38,2 967.055 (2) (a) Notwithstanding s. 971.29, if the prosecutor seeks to dismiss or amend a charge under s. 346.63 (1) or (5) or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle or an improper refusal under s. 343.305, 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 motor vehicles 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 safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving as defined in s. 340.01 (25d), or in deterring the operation of commercial motor vehicles by persons with an alcohol concentration of 0.04 or more. The court may not approve an application to amend the vehicle classification from a commercial motor vehicle to a noncommercial motor vehicle unless there is evidence in the record that the motor vehicle being operated by the defendant at the time of his or her arrest was not a commercial motor vehicle.

SB338, s. 60 Section 60. Initial applicability.

SB338,38,9 (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, suspensions, or revocations as prior convictions, suspensions, or revocations for purposes of administrative action by the department of transportation, sentencing by a court, or revocation or suspension of motor vehicle operating privileges.

SB338, s. 61 Section 61. Effective date.

SB338,38,11 (1) This act takes effect on January 1, 2003.

SB338,38,12 (End)