SB365: Bill Text

SB365,71,16 346.65 (2g) (ag) If the court determines that a person does not have the ability to pay a fine imposed under sub. (2) (b) to (am) 2., 3., 4., or 5., (f), or (g), the court shall require the defendant to perform community service work for a public agency or a nonprofit charitable organization in lieu of paying the fine imposed or, if the amount of the fine was reduced under sub. (2e), in lieu of paying the remaining amount of the fine. Each hour of community service performed in compliance with an order under this paragraph shall reduce the amount of the fine owed by an amount determined by the court.

Note: Changes cross-references to accommodate renumbering by Section 136 of this bill.

SB365, s. 143 Section 143. 346.65 (2g) (am) of the statutes is amended to read:

SB365,72,5 346.65 (2g) (am) Notwithstanding s. 973.05 (3) (b), an order under par. (a) or (ag) may only apply only if agreed to by the organization or agency. The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored. Any organization or agency acting in good faith to which a defendant is assigned pursuant to an order under this subsection has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the defendant. The issuance or possibility of the issuance of a community service order under this subsection does not entitle an indigent defendant who is subject to sub. (2) (a) (am) 1. to representation by counsel under ch. 977.

Note: Changes cross-reference to accommodate renumbering by Section 136 of this bill. Corrects placement of adverb.

SB365, s. 144 Section 144. 346.65 (2g) (d) of the statutes is amended to read:

SB365,72,9 346.65 (2g) (d) With respect to imprisonment under sub. (2) (b) (am) 2., the court shall ensure that the person is imprisoned for not less than 5 days or ordered to perform not less than 30 days of community service work under s. 973.03 (3) (a).

Note: Changes cross-reference to accommodate renumbering by Section 136 of this bill.

SB365, s. 145 Section 145. 346.65 (2i) of the statutes is amended to read:

SB365,73,13 346.65 (2i) In addition to the authority of the court under sub. (2g) and s. 973.05 (3) (a), the court may order a defendant subject to sub. (2), or a defendant subject to s. 973.05 (3) (a) who violated s. 346.63 (2), 940.09 (1), or 940.25, to visit a site that demonstrates the adverse effects of substance abuse or of operating a vehicle while under the influence of an intoxicant or other drug, including an alcoholism treatment facility approved under s. 51.45 or an emergency room of a general hospital in lieu of part or all of any forfeiture imposed or in addition to any penalty imposed. The court may order the defendant to pay a reasonable fee, based on the person's ability to pay, to offset the costs of establishing, maintaining, and monitoring the visits ordered under this subsection. The court may order a visit to the site only if agreed to by the person responsible for the site. If the opportunities available to visit sites under this subsection are fewer than the number of defendants eligible for a visit, the court shall, when making an order under this subsection, give preference to defendants who were under 21 years of age at the time of the offense. The court shall ensure that the visit is monitored. A visit to a site may be ordered for a specific time and a specific day to allow the defendant to observe victims of vehicle accidents involving intoxicated drivers. If it appears to the court that the defendant has not complied with the court order to visit a site or to pay a reasonable fee, the court may order the defendant to show cause why he or she should not be held in contempt of court. Any organization or agency acting in good faith to which a defendant is assigned pursuant to an order under this subsection has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the defendant. The issuance or possibility of the issuance of an order under this subsection does not entitle an indigent defendant who is subject to sub. (2) (a) (am) 1. to representation by counsel under ch. 977.

Note: Changes cross-reference to accommodate renumbering by Section 136 of this bill.

SB365, s. 146 Section 146. 346.65 (2j) (intro.) of the statutes is renumbered 346.65 (2j) (am) (intro.).

Note: Renumbers provision to conform with current style that requires each statutory unit that follows an introduction to form a complete sentence when read with the introduction.

SB365, s. 147 Section 147 . 346.65 (2j) (a), (b) and (c) of the statutes are renumbered 346.65 (2j) (am) 1., 2. and 3., and 346.65 (2j) (am) 1., as renumbered, is amended to read:

SB365,73,19 346.65 (2j) (am) 1. Shall forfeit not less than $150 nor more than $300 except as provided in par. (b), (c) subd. 2. or 3. or par. (d).

Note: Renumbers provision to conform with current style that requires each statutory unit that follows an introduction to form a complete sentence when read with the introduction. Changes cross-references to accommodate renumbering.

SB365, s. 148 Section 148. 346.65 (2j) (d) of the statutes is amended to read:

SB365,74,7 346.65 (2j) (d) If there was a minor passenger under 16 years of age in the commercial motor vehicle at the time of the violation that gave rise to the conviction under s. 346.63 (5), the applicable minimum and maximum forfeitures, fines, or imprisonment under par. (a), (b) or (c) (am) 1., 2., or 3. for the conviction are doubled. An offense under s. 346.63 (5) that subjects a person to a penalty under par. (c) (am) 3. when there is a minor passenger under 16 years of age in the commercial motor vehicle is a felony and the place of imprisonment shall be determined under s. 973.02.

Note: Changes cross-references to accommodate renumbering by Section 147 of this bill.

SB365, s. 149 Section 149. 346.65 (7) of the statutes is amended to read:

SB365,74,11 346.65 (7) A person convicted under sub. (2) (b), (c), (d) or (e) (am) 2., 3., 4., or 5. or (2j) (b) or (c) (am) 2. or 3. shall be required to remain in the county jail for not less than a 48-consecutive-hour period.

Note: Changes cross-references to accommodate renumbering by Sections 136 and 147 of this bill.

SB365, s. 150 Section 150. 441.001 (4) (b) of the statutes is amended to read:

SB365,74,19 441.001 (4) (b) The execution of procedures and techniques in the treatment of the sick under the general or special supervision or direction of a physician, podiatrist licensed under ch. 448, dentist licensed under ch. 447, or optometrist licensed under ch. 449, or under an order of a person who is licensed to practice medicine, podiatry, dentistry, or optometry in another state if the person making the order prepared the order after examining the patient in that other state and directs that the order be carried out in this state.

Note: Inserts serial comma consistent with current style.

SB365, s. 151 Section 151. 758.13 (1) of the statutes is renumbered 758.13 (1) (a) (intro.) and amended to read:

SB365,75,2 758.13 (1) (a) (intro.) There is created a judicial council of 21 members as follows: a

SB365,75,3 1. One supreme court justice designated by the supreme court; a .

SB365,75,4 2. One court of appeals judge designated by the court of appeals; the.

SB365,75,5 3. The director of state courts or his or her designee ; 4.

SB365,75,6 4. Four circuit judges designated by the judicial conference; the.

SB365,75,9 5. The chairpersons of the senate and the assembly committees dealing with judicial affairs or a member of each such committee designated by the respective chairperson; the.

SB365,75,10 6. The attorney general or his or her designee; the.

SB365,75,11 7. The revisor of statutes or an assistant designated by the revisor; the.

SB365,75,14 8. The deans of the law schools of the University of Wisconsin and Marquette University or a member of the respective law school faculties designated by the deans; the.

SB365,75,15 9. The state public defender or his or her designee ; the.

SB365,75,17 10. The president-elect of the state bar State Bar of Wisconsin or a member of the board of governors of the state bar designated by the president-elect and 3.

SB365,75,19 11. Three additional members thereof of the state bar selected by the state bar to serve 3-year terms; one.

SB365,75,20 12. One district attorney appointed by the governor ; and 2.

SB365,75,21 13. Two citizens at large appointed by the governor to serve 3-year terms.

SB365,76,2 (b) The names of the judicial council members shall be certified to the secretary of state by the executive secretary of the judicial commission. Members shall hold office until their successors have been selected. Members shall receive no compensation, but shall be reimbursed from the appropriation made by s. 20.665 (1) for expenses necessarily incurred by them members in attending council meetings.

Note: Subdivides a long provision by placing a list in tabular form. Inserts specific references and changes capitalization.

SB365, s. 152 Section 152. 895.42 (title) of the statutes is amended to read:

SB365,76,5 895.42 (title) Deposit of undistributed money and property by administrators personal representatives and others.

Note: Replaces "administrators" in accordance with 2001 Wis. Act 102.

SB365, s. 153 Section 153. 973.05 (2m) of the statutes is renumbered 973.05 (2m) (intro.) and amended to read:

SB365,76,9 973.05 (2m) (intro.) Payments under this section shall be applied first to as applicable in the following order:

SB365,76,11 (a) To payment of the penalty surcharge until paid in full, shall then be applied to the.

SB365,76,13 (b) To payment of the jail surcharge until paid in full, shall then be applied to the.

SB365,76,15 (c) To payment of part A of the crime victim and witness assistance surcharge until paid in full, shall then be applied to.

SB365,76,17 (d) To payment of part B of the crime victim and witness assistance surcharge until paid in full, shall then be applied to.

SB365,76,19 (e) To payment of the crime laboratories and drug law enforcement surcharge until paid in full, shall then be applied to.

SB365,76,21 (f) To payment of the deoxyribonucleic acid analysis surcharge until paid in full, shall then be applied to.

SB365,76,23 (g) To payment of the drug abuse program improvement surcharge until paid in full, shall then be applied to.

SB365,77,2 (h) To payment of the driver improvement surcharge until paid in full, shall then be applied to.

SB365,77,4 (i) To payment of the truck driver education surcharge if applicable until paid in full, shall then be applied to.

SB365,77,6 (j) To payment of the domestic abuse surcharge until paid in full, shall then be applied to.

SB365,77,8 (k) To payment of the consumer protection surcharge until paid in full, shall then be applied to.

SB365,77,10 (L) To payment of the natural resources surcharge if applicable until paid in full, shall then be applied to.

SB365,77,12 (m) To payment of the natural resources restitution surcharge until paid in full, shall then be applied to the.

SB365,77,14 (n) To payment of the environmental surcharge if applicable until paid in full, shall then be applied to the.

SB365,77,16 (o) To payment of the wild animal protection surcharge if applicable until paid in full, shall then be applied to.

SB365,77,18 (p) To payment of the weapons surcharge until paid in full, shall then be applied to.

SB365,77,20 (q) To payment of the uninsured employer surcharge until paid in full, shall then be applied to.

SB365,77,22 (r) To payment of the enforcement surcharge under s. 253.06 (4) (c), if applicable, until paid in full, and shall then be applied to.

SB365,77,23 (s) To payment of the fine and the costs and fees imposed under ch. 814.

Note: Subdivides list. Makes "as applicable" applicable to the entire provision for parallel construction.

SB365, s. 154 Section 154. 973.09 (1) (d) 1. of the statutes is amended to read:

SB365,78,4 973.09 (1) (d) 1. A violation under s. 346.63 (1) that subjects the person to a mandatory minimum period of imprisonment under s. 346.65 (2) (b) or (c) (am) 2. or 3.

Note: Changes cross-references to accommodate renumbering by Section 136 of this bill.

SB365, s. 155 Section 155. 973.09 (1) (d) 3. of the statutes is amended to read:

SB365,78,9 973.09 (1) (d) 3. A violation under s. 346.63 (5) that subjects the person to a mandatory minimum period of imprisonment under s. 346.65 (2j) (c) (am) 3., if the person has a total of 3 or fewer convictions, suspensions or revocations counted under s. 343.307 (2).

Note: Changes cross-reference to accommodate renumbering by Section 147 of this bill.

SB365,78,10 (End)