SB224, s. 48
25Section
48. 346.63 (1) (c) of the statutes is amended to read:
SB224,18,10
1346.63
(1) (c) A person may be charged with and a prosecutor may proceed upon
2a complaint based upon a violation of
par. (a) or (b) or both any combination of par.
3(a), (am), or (b) for acts arising out of the same incident or occurrence. If the person
4is charged with violating
both pars. (a) and (b)
any combination of par. (a), (am), or
5(b), the offenses shall be joined. If the person is found guilty of
both pars. (a) and (b) 6any combination of par. (a), (am), or (b) for acts arising out of the same incident or
7occurrence, there shall be a single conviction for purposes of sentencing and for
8purposes of counting convictions under ss. 343.30 (1q) and 343.305. Paragraphs (a)
,
9(am), and (b) each require proof of a fact for conviction which the
other does others
10do not require.
SB224, s. 49
11Section
49. 346.63 (1) (d) of the statutes is created to read:
SB224,18,1712
346.63
(1) (d) In an action under par. (am) that is based on the defendant
13allegedly having a detectable amount of methamphetamine or
14delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he
15or she proves by a preponderance of the evidence that at the time of the incident or
16occurrence he or she had a valid prescription for methamphetamine or one of its
17metabolic precursors or delta-9-tetrahydrocannabinol.
SB224, s. 50
18Section
50. 346.63 (2) (a) 3. of the statutes is created to read:
SB224,18,2019
346.63
(2) (a) 3. The person has a detectable amount of a restricted controlled
20substance in his or her blood.
SB224, s. 51
21Section
51. 346.63 (2) (am) of the statutes is amended to read:
SB224,19,622
346.63
(2) (am) A person may be charged with and a prosecutor may proceed
23upon a complaint based upon a violation of
par. (a) 1. or 2. or both any combination
24of par. (a) 1., 2., or 3. for acts arising out of the same incident or occurrence. If the
25person is charged with violating
par. (a) 1. and 2.
any combination of par. (a) 1., 2.,
1or 3. in the complaint, the crimes shall be joined under s. 971.12. If the person is
2found guilty of
par. (a) 1. and 2. any combination of par. (a) 1., 2., or 3. for acts arising
3out of the same incident or occurrence, there shall be a single conviction for purposes
4of sentencing and for purposes of counting convictions under ss. 343.30 (1q) and
5343.305. Paragraph (a) 1.
and, 2.
, and 3. each require proof of a fact for conviction
6which the
other does others do not require.
SB224, s. 52
7Section
52. 346.63 (2) (b) of the statutes is renumbered 346.63 (2) (b) 1.
8amended to read:
SB224,19,189
346.63
(2) (b) 1. In an action under this subsection, the defendant has a defense
10if he or she proves by a preponderance of the evidence that the injury would have
11occurred even if he or she had been exercising due care and he or she had not been
12under the influence of an intoxicant, a controlled substance, a controlled substance
13analog or a combination thereof, under the influence of any other drug to a degree
14which renders him or her incapable of safely driving, or under the combined
15influence of an intoxicant and any other drug to a degree which renders him or her
16incapable of safely driving
or, did not have a prohibited alcohol concentration
17described under par. (a) 2.
, or did not have a detectable amount of a restricted
18controlled substance in his or her blood.
SB224, s. 53
19Section
53. 346.63 (2) (b) 2. of the statutes is created to read:
SB224,19,2520
346.63
(2) (b) 2. In an action under par. (a) 3. that is based on the defendant
21allegedly having a detectable amount of methamphetamine or
22delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he
23or she proves by a preponderance of the evidence that at the time of the incident or
24occurrence he or she had a valid prescription for methamphetamine or one of its
25metabolic precursors or delta-9-tetrahydrocannabinol.
SB224, s. 54
1Section
54. 346.65 (2g) (c) of the statutes is amended to read:
SB224,20,142
346.65
(2g) (c) If there was a minor passenger under 16 years of age in the
3motor vehicle or commercial motor vehicle at the time of the violation that gave rise
4to the conviction, the court may require a person ordered to perform community
5service work under par. (a) or (ag),
or under s. 973.05 (3) (a) if that person's fine
6resulted from violating s. 346.63 (2), (5) (a) or (6) (a), 940.09 (1) or 940.25,
or under
7s. 973.05 (3) (a) if that person's fine resulted from violating s. 346.63 (1) (am) and the
8motor vehicle that the person was driving or operating was a commercial motor
9vehicle, to participate in community service work that benefits children or that
10demonstrates the adverse effects on children of substance abuse or of operating a
11vehicle while under the influence of an intoxicant or other drug. The court may order
12the person to pay a reasonable fee, based on the person's ability to pay, to offset the
13cost of establishing, maintaining and monitoring the community service work
14ordered under this paragraph.
SB224, s. 55
15Section
55. 346.65 (2m) (a) of the statutes is amended to read:
SB224,20,2416
346.65
(2m) (a) In imposing a sentence under sub. (2) for a violation of s. 346.63
17(1)
(am) or (b) or (5) or a local ordinance in conformity therewith, the court shall
18review the record and consider the aggravating and mitigating factors in the matter.
19If the
level of the person's blood alcohol level
amount of alcohol in the person's blood
20or urine or the amount of a restricted controlled substance in the person's blood is
21known, the court shall consider that
level amount as a factor in sentencing. The chief
22judge of each judicial administrative district shall adopt guidelines, under the chief
23judge's authority to adopt local rules under SCR 70.34, for the consideration of
24aggravating and mitigating factors.
SB224, s. 56
25Section
56. 346.65 (6) (a) 1. of the statutes is amended to read:
SB224,21,13
1346.65
(6) (a) 1. The court may order a law enforcement officer to seize the
2motor vehicle used in the violation or improper refusal and owned by the person
3whose operating privilege is revoked under s. 343.305 (10) or who committed a
4violation of s. 346.63 (1) (a)
, (am), or (b) or (2) (a) 1.
or, 2.,
or 3., 940.09 (1) (a),
(am), 5(b), (c),
(cm), or (d), or 940.25 (1) (a),
(am), (b), (c),
(cm), or (d) if the person whose
6operating privilege is revoked under s. 343.305 (10) or who is convicted of the
7violation has 2 or more prior suspensions, revocations, or convictions, counting
8convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus other
9convictions, suspensions, or revocations counted under s. 343.307 (1). The court may
10not order a motor vehicle seized if the court enters an order under s. 343.301 to
11immobilize the motor vehicle or equip the motor vehicle with an ignition interlock
12device or if seizure would result in undue hardship or extreme inconvenience or
13would endanger the health and safety of a person.
SB224, s. 57
14Section
57. 346.65 (6) (c) of the statutes is amended to read:
SB224,22,215
346.65
(6) (c) The district attorney of the county where the motor vehicle was
16seized, or where the owner improperly refused to take the test under s. 343.305 or
17violated s. 346.63 (1) (a)
, (am), or (b) or (2) (a) 1.
or, 2.,
or 3., 940.09 (1) (a),
(am), (b),
18(c)
, (cm), or (d) or 940.25 (1) (a),
(am), (b), (c)
, (cm), or (d), shall commence an action
19to forfeit the motor vehicle within 30 days after the motor vehicle is seized. The
20action shall name the owner of the motor vehicle and all lienholders of record as
21parties. The forfeiture action shall be commenced by filing a summons, complaint
22and affidavit of the law enforcement agency with the clerk of circuit court. Upon
23service of an answer, the action shall be set for hearing within 60 days after the
24service of the answer. If no answer is served or no issue of law or fact joined and the
1time for that service or joining of issues has expired, the court may render a default
2judgment as provided in s. 806.02.
SB224, s. 58
3Section
58. 346.65 (6) (d) of the statutes is amended to read:
SB224,22,144
346.65
(6) (d) At the hearing set under par. (c), the state has the burden of
5proving to a reasonable certainty by the greater weight of the credible evidence that
6the motor vehicle seized under par. (a) 1. is a motor vehicle used in the violation or
7the improper refusal and owned by a person who committed a violation of s. 346.63
8(1) (a)
, (am), or (b) or (2) (a) 1.
or
, 2.,
or 3., 940.09 (1) (a),
(am), (b), (c)
, (cm), or (d) or
9940.25 (1) (a),
(am), (b), (c)
, (cm), or (d) and that the person had 2 or more prior
10convictions, suspensions or revocations, counting convictions under ss. 940.09 (1)
11and 940.25 in the person's lifetime, plus other convictions, suspensions or
12revocations counted under s. 343.307 (1). If the state fails to meet the burden of proof
13required under this paragraph, the motor vehicle shall be returned to the owner upon
14the payment of storage costs.
SB224, s. 59
15Section
59. 350.01 (10v) of the statutes is created to read:
SB224,22,1616
350.01
(10v) "Restricted controlled substance" means any of the following:
SB224,22,1817
(a) A controlled substance included in schedule I under ch. 961 other than a
18tetrahydrocannabinol.
SB224,22,2019
(b) A controlled substance analog, as defined in s. 961.01 (4m), of a controlled
20substance described in par. (a).
SB224,22,2121
(c) Cocaine or any of its metabolites.
SB224,22,2222
(d) Methamphetamine.
SB224,22,2323
(e) Delta-9-tetrahydrocannabinol.
SB224, s. 60
24Section
60. 350.101 (1) (bm) of the statutes is created to read:
SB224,23,3
1350.101
(1) (bm)
Operating with a restricted controlled substance. No person
2may engage in the operation of a snowmobile with a detectable amount of a restricted
3controlled substance in his or her blood.
SB224, s. 61
4Section
61. 350.101 (1) (d) of the statutes is amended to read:
SB224,23,145
350.101
(1) (d)
Related charges. A person may be charged with and a prosecutor
6may proceed upon a complaint based upon a violation of
par. (a) or (b) or both any
7combination of par. (a), (b), or (bm) for acts arising out of the same incident or
8occurrence. If the person is charged with violating
both pars. (a) and (b) any
9combination of par. (a), (b), or (bm), the offenses shall be joined. If the person is found
10guilty of
both pars. (a) and (b) any combination of par. (a), (b), or (bm) for acts arising
11out of the same incident or occurrence, there shall be a single conviction for purposes
12of sentencing and for purposes of counting convictions under s. 350.11 (3) (a) 2. and
133. Paragraphs (a)
and, (b)
, and (bm) each require proof of a fact for conviction which
14the
other does others do not require.
SB224, s. 62
15Section
62. 350.101 (1) (e) of the statutes is created to read:
SB224,23,2116
350.101
(1) (e)
Defenses. In an action under par. (bm) that is based on the
17defendant allegedly having a detectable amount of methamphetamine or
18delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he
19or she proves by a preponderance of the evidence that at the time of the incident or
20occurrence he or she had a valid prescription for methamphetamine or one of its
21metabolic precursors or delta-9-tetrahydrocannabinol.
SB224, s. 63
22Section
63. 350.101 (2) (bm) of the statutes is created to read:
SB224,24,223
350.101
(2) (bm)
Causing injury while operating a snowmobile with a
24detectable amount of a restricted controlled substance. No person who has a
1detectable amount of a restricted controlled substance in his or her blood may cause
2injury to another person by the operation of a snowmobile.
SB224, s. 64
3Section
64. 350.101 (2) (c) of the statutes is amended to read:
SB224,24,134
350.101
(2) (c)
Related charges. A person may be charged with and a prosecutor
5may proceed upon a complaint based upon a violation of
par. (a) or (b) or both any
6combination of par. (a), (b), or (bm) for acts arising out of the same incident or
7occurrence. If the person is charged with violating
both pars. (a) and (b) any
8combination of par. (a), (b), or (bm) in the complaint, the crimes shall be joined under
9s. 971.12. If the person is found guilty of
both pars. (a) and (b) any combination of
10par. (a), (b), or (bm) for acts arising out of the same incident or occurrence, there shall
11be a single conviction for purposes of sentencing and for purposes of counting
12convictions under s. 350.11 (3) (a) 2. and 3. Paragraphs (a)
and, (b)
, and (bm) each
13require proof of a fact for conviction which the
other does others do not require.
SB224, s. 65
14Section
65. 350.101 (2) (d) of the statutes is renumbered 350.101 (2) (d) 1. and
15amended to read:
SB224,24,2116
350.101
(2) (d) 1. In an action under this subsection, the defendant has a
17defense if he or she proves by a preponderance of the evidence that the injury would
18have occurred even if he or she had been exercising due care and he or she had not
19been under the influence of an intoxicant or did not have an alcohol concentration
20of 0.1 or more
or a detectable amount of a restricted controlled substance in his or her
21blood.
SB224, s. 66
22Section
66. 350.101 (2) (d) 2. of the statutes is created to read:
SB224,25,323
350.101
(2) (d) 2. In an action under par. (bm) that is based on the defendant
24allegedly having a detectable amount of methamphetamine or
25delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he
1or she proves by a preponderance of the evidence that at the time of the incident or
2occurrence he or she had a valid prescription for methamphetamine or one of its
3metabolic precursors or delta-9-tetrahydrocannabinol.
SB224, s. 67
4Section
67. 350.104 (4) of the statutes is amended to read:
SB224,25,145
350.104
(4) Admissibility; effect of test results; other evidence. The results
6of a chemical test required or administered under sub. (1), (2) or (3) are admissible
7in any civil or criminal action or proceeding arising out of the acts committed by a
8person alleged to have violated the intoxicated snowmobiling law on the issue of
9whether the person was under the influence of an intoxicant or the issue of whether
10the person had alcohol concentrations at or above specified levels
or a detectable
11amount of a restricted controlled substance in his or her blood. Results of these
12chemical tests shall be given the effect required under s. 885.235. This section does
13not limit the right of a law enforcement officer to obtain evidence by any other lawful
14means.
SB224, s. 68
15Section
68. 350.11 (3) (a) 1. of the statutes is amended to read:
SB224,25,1816
350.11
(3) (a) 1. Except as provided under subds. 2. and 3., a person who violates
17s. 350.101 (1) (a)
or, (b)
, or (bm) or s. 350.104 (5) shall forfeit not less than $400 nor
18more than $550.
SB224, s. 69
19Section
69. 350.11 (3) (a) 2. of the statutes is amended to read:
SB224,25,2420
350.11
(3) (a) 2. Except as provided under subd. 3., a person who violates s.
21350.101 (1) (a)
or, (b)
, or (bm) or 350.104 (5) and who, within 5 years prior to the arrest
22for the current violation, was convicted previously under the intoxicated
23snowmobiling law or the refusal law shall be fined not less than $300 nor more than
24$1,000 and shall be imprisoned not less than 5 days nor more than 6 months.
SB224, s. 70
25Section
70. 350.11 (3) (a) 3. of the statutes is amended to read:
SB224,26,5
1350.11
(3) (a) 3. A person who violates s. 350.101 (1) (a)
or, (b)
, or (bm) or 350.104
2(5) and who, within 5 years prior to the arrest for the current violation, was convicted
32 or more times previously under the intoxicated snowmobiling law or refusal law
4shall be fined not less than $600 nor more than $2,000 and shall be imprisoned not
5less than 30 days nor more than one year in the county jail.
SB224, s. 71
6Section
71. 351.02 (1) (a) 10. of the statutes is amended to read:
SB224,26,237
351.02
(1) (a) 10. Any offense
committed by the person under the law of another
8jurisdiction prohibiting conduct described in sections 6-207, 6-302, 10-102, 10-103,
910-104, 11-901, 11-902, 11-907 or 11-908 of the uniform vehicle code and model
10traffic ordinance (1987), or prohibiting homicide or manslaughter resulting from the
11operation of a motor vehicle, use of a motor vehicle in the commission of a felony,
12reckless or careless driving or driving a motor vehicle with willful or wanton
13disregard for the safety of persons or property, driving or operating a motor vehicle
14while under the influence of alcohol, a controlled substance, a controlled substance
15analog or any other drug or a combination thereof as prohibited,
driving or operating
16a motor vehicle while having a detectable amount of a restricted controlled substance
17in the person's blood, refusal to submit to chemical testing, perjury or the making
18false statements or affidavits to a governmental agency in connection with the
19ownership or operation of a motor vehicle, failing to stop and identify oneself as the
20driver or operator in the event of a motor vehicle accident with a person or an
21attended motor vehicle or fleeing from or attempting to elude a police, law
22enforcement or other peace officer, as those or substantially similar terms are used
23in that jurisdiction's laws.
SB224, s. 72
24Section
72. 885.235 (1) (d) of the statutes is created to read:
SB224,26,2525
885.235
(1) (d) "Restricted controlled substance" means any of the following:
SB224,27,2
11. A controlled substance included in schedule I under ch. 961 other than a
2tetrahydrocannabinol.
SB224,27,43
2. A controlled substance analog, as defined in s. 961.01 (4m), of a controlled
4substance described in subd. 1.
SB224,27,55
3. Cocaine or any of its metabolites.
SB224,27,66
4. Methamphetamine.
SB224,27,77
5. Delta-9-tetrahydrocannabinol.
SB224, s. 73
8Section
73. 885.235 (1k) of the statutes is created to read:
SB224,27,199
885.235
(1k) In any action or proceeding in which it is material to prove that
10a person had a detectable amount of a restricted controlled substance in his or her
11blood while operating or driving a motor vehicle or, if the vehicle is a commercial
12motor vehicle, on duty time, while operating a motorboat, except a sailboat operating
13under sail alone, while operating a snowmobile, while operating an all-terrain
14vehicle, or while handling a firearm, if a chemical analysis of a sample of the person's
15blood shows that the person had a detectable amount of a restricted controlled
16substance in his or her blood, the court shall treat the analysis as prima facie
17evidence on the issue of the person having a detectable amount of a restricted
18controlled substance in his or her blood without requiring any expert testimony as
19to its effect.
SB224, s. 74
20Section
74. 885.235 (4) of the statutes is amended to read:
SB224,28,421
885.235
(4) The provisions of this section relating to the admissibility of
22chemical tests for alcohol concentration or intoxication
or for determining whether
23a person had a detectable amount of a restricted controlled substance in his or her
24blood shall not be construed as limiting the introduction of any other competent
25evidence bearing on the question of whether or not a person was under the influence
1of an intoxicant,
had a detectable amount of a restricted controlled substance in his
2or her blood, had a specified alcohol concentration
, or had an alcohol concentration
3in the range specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m) or 350.101
4(1) (c).
SB224, s. 75
5Section
75. 939.22 (33) of the statutes is created to read:
SB224,28,66
939.22
(33) "Restricted controlled substance" means any of the following:
SB224,28,87
(a) A controlled substance included in schedule I under ch. 961 other than a
8tetrahydrocannabinol.
SB224,28,109
(b) A controlled substance analog, as defined in s. 961.01 (4m), of a controlled
10substance described in par. (a).
SB224,28,1111
(c) Cocaine or any of its metabolites.
SB224,28,1212
(d) Methamphetamine.
SB224,28,1313
(e) Delta-9-tetrahydrocannabinol.
SB224,28,2016
939.75
(1) In this section and ss. 939.24 (1), 939.25 (1), 940.01 (1) (b), 940.02
17(1m), 940.05 (2g) and (2h), 940.06 (2), 940.08 (2), 940.09 (1) (c) to (e) and (1g) (c)
, (cm),
18and (d), 940.10 (2), 940.195, 940.23 (1) (b) and (2) (b), 940.24 (2) and 940.25 (1) (c) to
19(e), "unborn child" means any individual of the human species from fertilization until
20birth that is gestating inside a woman.
SB224, s. 77
21Section
77. 939.75 (2) (b) of the statutes is amended to read:
SB224,28,2522
939.75
(2) (b) Sections 940.01 (1) (b), 940.02 (1m), 940.05 (2g) and (2h), 940.06
23(2), 940.08 (2), 940.09 (1) (c) to (e) and (1g) (c)
, (cm), and (d), 940.10 (2), 940.195,
24940.23 (1) (b) and (2) (b), 940.24 (2) and 940.25 (1) (c) to (e) do not apply to any of the
25following:
SB224, s. 78
1Section
78. 939.75 (3) (intro.) of the statutes is amended to read:
SB224,29,72
939.75
(3) (intro.) When the existence of an exception under sub. (2) has been
3placed in issue by the trial evidence, the state must prove beyond a reasonable doubt
4that the facts constituting the exception do not exist in order to sustain a finding of
5guilt under s. 940.01 (1) (b), 940.02 (1m), 940.05 (2g), 940.06 (2), 940.08 (2), 940.09
6(1) (c) to (e) or (1g) (c)
, (cm), or (d), 940.10 (2), 940.195, 940.23 (1) (b) or (2) (b), 940.24
7(2) or 940.25 (1) (c) to (e).
SB224, s. 79
8Section
79. 940.09 (1) (am) of the statutes is created to read:
SB224,29,119
940.09
(1) (am) Causes the death of another by the operation or handling of a
10vehicle while the person has a detectable amount of a restricted controlled substance
11in his or her blood.
SB224, s. 80
12Section
80. 940.09 (1) (cm) of the statutes is created to read:
SB224,29,1513
940.09
(1) (cm) Causes the death of an unborn child by the operation or
14handling of a vehicle while the person has a detectable amount of a restricted
15controlled substance in his or her blood.
SB224, s. 81
16Section
81. 940.09 (1d) (a) 1. of the statutes is amended to read:
SB224,29,2317
940.09
(1d) (a) 1. Except as provided in subd. 2., if the person who committed
18an offense under sub. (1) (a),
(am), (b), (c),
(cm), or (d) has 2 or more prior convictions,
19suspensions, or revocations, counting convictions under sub. (1) and s. 940.25 in the
20person's lifetime, plus other convictions, suspensions, or revocations counted under
21s. 343.307 (1), the procedure under s. 343.301 shall be followed if the court enters an
22order regarding operating privilege restriction or enters an order regarding
23immobilization.
SB224, s. 82
24Section
82. 940.09 (1d) (a) 2. of the statutes is amended to read:
SB224,30,6
1940.09
(1d) (a) 2. Notwithstanding par. (b), if the person who committed an
2offense under sub. (1) (a),
(am), (b), (c),
(cm), or (d) has 2 or more convictions,
3suspensions, or revocations counted under s. 343.307 (1) within any 5-year period,
4the procedure under s. 343.301 shall be followed if the court enters an order
5regarding operating privilege restriction and the installation of an ignition interlock
6device or enters an order regarding immobilization.
SB224, s. 83
7Section
83. 940.09 (1d) (b) of the statutes is amended to read:
SB224,30,138
940.09
(1d) (b) If the person who committed an offense under sub. (1) (a),
(am), 9(b), (c),
(cm), or (d) has 2 or more prior convictions, suspensions, or revocations,
10counting convictions under sub. (1) and s. 940.25 in the person's lifetime, plus other
11convictions, suspensions, or revocations counted under s. 343.307 (1), the procedure
12under s. 346.65 (6) shall be followed if the court orders the seizure and forfeiture of
13the motor vehicle owned by the person and used in the violation.
SB224, s. 84
14Section
84. 940.09 (1g) (am) of the statutes is created to read:
SB224,30,1715
940.09
(1g) (am) Causes the death of another by the operation or handling of
16a firearm or airgun while the person has a detectable amount of a restricted
17controlled substance in his or her blood.