LRB-4252/1
PJH:jld:rs
2005 - 2006 LEGISLATURE
March 14, 2006 - Introduced by Representatives Mursau, Krusick, Friske,
Ainsworth, Hahn, Jeskewitz, Montgomery, Ott, Sheridan, Van Roy, Wood
and Ziegelbauer, cosponsored by Senators Roessler and Lassa. Referred to
Committee on Criminal Justice and Homeland Security.
AB1124,1,4
1An Act to renumber and amend 114.09 (1) (b);
to amend 114.09 (title) and
2343.307 (1) (intro.);
to repeal and recreate 114.09 (2); and
to create 343.307
3(1) (g) of the statutes;
relating to: operating an aircraft recklessly or under the
4influence of an intoxicant and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, no person may operate an aircraft while under the influence
of an intoxicating liquor or a controlled substance, or a combination thereof, nor
operate an aircraft in the air or on the ground or water in a careless or reckless
manner so as to endanger the life or property of another. A person who does so shall
be fined not less than $10 nor more than $100 for the first offense and, for a second
or subsequent offense, shall be fined not less than $100 nor more than $500 or
imprisoned for not less than six months or both.
Under this bill, a person who operates an aircraft while under the influence of
an intoxicating liquor or a controlled substance, or a combination thereof, is subject
to the same penalties as a person who operates a motor vehicle under the influence
of an intoxicating liquor or controlled substance or a combination thereof.
Additionally, under the bill, a prior violation of operating a vehicle under the
influence of an intoxicant is counted against the operator of the aircraft for purposes
of sentencing.
For a first violation, a person who operates an aircraft under the influence of
an intoxicant is subject to a forfeiture of not less than $150 nor more than $300; for
a second violation, a fine of not less than $350 nor more than $1,100 and
imprisonment for not less than five days nor more than six months; for a third
violation, a fine of not less than $600 nor more than $2,000 and imprisonment for not
less than 30 days nor more than one year in the county jail; for a fourth violation, a
fine of not less than $600 nor more than $2,000 and imprisonment for not less than
60 days nor more than one year in the county jail; and, for the fifth and subsequent
violations, a felony conviction and a fine of not less than $600 and imprisonment for
not less than six months.
In addition, if there was a minor passenger under 16 years of age in the aircraft
at the time of the violation, the violation is a felony and the applicable minimum and
maximum forfeitures, fines, or imprisonment are doubled. If a person convicted had
an alcohol concentration of 0.17 to 0.199, the applicable minimum and maximum
fines are doubled. If a person convicted had an alcohol concentration of 0.20 to 0.249,
the applicable minimum and maximum fines are tripled. If a person convicted had
an alcohol concentration of 0.25 or above, the applicable minimum and maximum
fines are quadrupled.
Under the bill, any person who operates an aircraft in a reckless manner that
endangers another person may be required to forfeit not less than $25 nor more than
$200, except that if, the person has a prior conviction for operating an aircraft in a
reckless manner in the previous four years, the person may be fined not less than $50
nor more than $500 or imprisoned for not more than one year in the county jail or
both.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1124, s. 1
1Section
1. 114.09 (title) of the statutes is amended to read:
AB1124,2,2
2114.09 (title)
Reckless Intoxicated and reckless flying; penalty.
AB1124, s. 2
3Section
2. 114.09 (1) (b) of the statutes is renumbered 114.09 (1) (b) 1. and
4amended to read:
AB1124,3,45
114.09
(1) (b) 1. No person may operate an aircraft in the air or on the ground
6or water while under the influence of intoxicating liquor or controlled substances or
7controlled substance analogs under ch. 961 or a combination thereof, under the
1influence of any other drug to a degree which renders him or her incapable of safely
2operating an aircraft, or under the combined influence of intoxicating liquor and any
3other drug to a degree which renders him or her incapable of safely operating an
4aircraft
, nor.
AB1124,3,9
52. No person may operate an aircraft in the air or on the ground or water in a
6careless or reckless manner so as to endanger the life or property of another. In
7determining whether the operation was careless or reckless the court shall consider
8the standards for safe operation of aircraft prescribed by federal statutes or
9regulations governing aeronautics.
AB1124,3,12
103. The court shall make a written report of all convictions, including bail or
11appearance money forfeitures, obtained under this section to the department, which
12shall send the report to the proper federal agency.
AB1124, s. 3
13Section
3. 114.09 (2) of the statutes is repealed and recreated to read:
AB1124,3,1414
114.09
(2) (a) Any person violating sub. (1) (b) 1.:
AB1124,3,1615
1. Shall forfeit not less than $150 nor more than $300, except as provided in
16subs. 6. and 7.
AB1124,3,2217
2. Except as provided in subd. 6., shall be fined not less than $350 nor more than
18$1,100 and imprisoned for not less than 5 days nor more than 6 months if the number
19of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total
20number of suspensions, revocations, and other convictions counted under s. 343.307
21(1) within a 10-year period, equals 2, except that suspensions, revocations, or
22convictions arising out of the same incident or occurrence shall be counted as one.
AB1124,4,423
3. Except as provided in subds. 6. and 7., shall be fined not less than $600 nor
24more than $2,000 and imprisoned for not less than 30 days nor more than one year
25in the county jail if the number of convictions under ss. 940.09 (1) and 940.25 in the
1person's lifetime, plus the total number of suspensions, revocations, and other
2convictions counted under s. 343.307 (1), equals 3, except that suspensions,
3revocations, or convictions arising out of the same incident or occurrence shall be
4counted as one.
AB1124,4,115
4. Except as provided in subds. 6. and 7., shall be fined not less than $600 nor
6more than $2,000 and imprisoned for not less than 60 days nor more than one year
7in the county jail if the number of convictions under ss. 940.09 (1) and 940.25 in the
8person's lifetime, plus the total number of suspensions, revocations, and other
9convictions counted under s. 343.307 (1), equals 4, except that suspensions,
10revocations, or convictions arising out of the same incident or occurrence shall be
11counted as one.
AB1124,4,1712
5. Except as provided in subds. 6. and 7., is guilty of a Class H felony and shall
13be fined not less than $600 and imprisoned for not less than 6 months if the number
14of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total
15number of suspensions, revocations, and other convictions counted under s. 343.307
16(1), equals 5 or more, except that suspensions, revocations, or convictions arising out
17of the same incident or occurrence shall be counted as one.
AB1124,4,2418
6. If there was a minor passenger under 16 years of age in the aircraft at the
19time of the violation that gave rise to the conviction under sub. (1) (a), the applicable
20minimum and maximum forfeitures, fines, or imprisonment under subd. 1., 2., 3., 4.,
21or 5. for the conviction are doubled. An offense under sub. (1) (a) that subjects a
22person to a penalty under subd. 3., 4., or 5. when there is a minor passenger under
2316 years of age in the aircraft is a felony and the place of imprisonment shall be
24determined under s. 973.02.
AB1124,5,2
17. a. If a person convicted had an alcohol concentration of 0.17 to 0.199, the
2applicable minimum and maximum fines under subd. 3. to 5. are doubled.
AB1124,5,43
b. If a person convicted had an alcohol concentration of 0.20 to 0.249, the
4applicable minimum and maximum fines under subd. 3. to 5. are tripled.
AB1124,5,65
c. If a person convicted had an alcohol concentration of 0.25 or above, the
6applicable minimum and maximum fines under subd. 3. to 5. are quadrupled.
AB1124,5,127
(b) In par. (a) 1. to 5., the time period shall be measured from the dates of the
8refusals or violations that resulted in the revocation or convictions. If a person has
9a suspension, revocation, or conviction for any offense under a local ordinance or a
10state statute of another state that would be counted under s. 343.307 (1), that
11suspension, revocation or conviction shall count as a prior suspension, revocation, or
12conviction under par. (a) 1. to 5.
AB1124,5,1313
(c) Any person violating sub. (1) (b) 2.:
AB1124,5,1514
1. May be required to forfeit not less than $25 nor more than $200, except as
15provided in subd. 2.
AB1124,5,1916
2. May be fined not less than $50 nor more than $500 or imprisoned for not more
17than one year in the county jail or both if the total of convictions under sub. (1) (b)
182. equals 2 or more in a 4-year period. The 4-year period shall be measured from
19the dates of the violations that resulted in the convictions.
AB1124, s. 4
20Section
4. 343.307 (1) (intro.) of the statutes is amended to read:
AB1124,5,2321
343.307
(1) (intro.) The court shall count the following to determine the length
22of a revocation under s. 343.30 (1q) (b) and to determine the penalty under s.
114.09
23(2) and 346.65 (2):
AB1124, s. 5
24Section
5. 343.307 (1) (g) of the statutes is created to read:
AB1124,6,1
1343.307
(1) (g) Convictions for violations under s. 114.09 (1).
