AB283-ASA1,19,2117
346.65
(2) (f) 1. If there was a minor passenger under 16 years of age in the
18motor vehicle at the time of the violation that gave rise to the conviction under s.
19346.63 (1), the person shall be fined not less than $350 nor more than $1,100 and
20imprisoned for not less than 5 days nor more than 6 months, except as provided in
21subd. 2.
AB283-ASA1,20,423
346.65
(2c) In sub. (2) (am) 2., 3., 4.,
4m., 5., 6., and 7., the time period shall
24be measured from the dates of the refusals or violations that resulted in the
25revocation or convictions. If a person has a suspension, revocation, or conviction for
1any offense under a local ordinance or a state statute of another state that would be
2counted under s. 343.307 (1), that suspension, revocation, or conviction shall count
3as a prior suspension, revocation, or conviction under sub. (2) (am) 2., 3., 4.,
4m., 5.,
46., and 7.
AB283-ASA1,20,146
346.65
(2g) (a) In addition to the authority of the court under s. 973.05 (3) (a)
7to provide that a defendant perform community service work for a public agency or
8a nonprofit charitable organization in lieu of part or all of a fine imposed under sub.
9(2) (am) 2., 3., 4.,
4m., and 5., (f), and (g) and except as provided in par. (ag), the court
10may provide that a defendant perform community service work for a public agency
11or a nonprofit charitable organization in lieu of part or all of a forfeiture under sub.
12(2) (am) 1. or may require a person who is subject to sub. (2) to perform community
13service work for a public agency or a nonprofit charitable organization in addition
14to the penalties specified under sub. (2).
AB283-ASA1,20,2316
346.65
(2g) (ag) If the court determines that a person does not have the ability
17to pay a fine imposed under sub. (2) (am) 2., 3., 4.,
4m., or 5., (f), or (g), the court shall
18require the defendant to perform community service work for a public agency or a
19nonprofit charitable organization in lieu of paying the fine imposed or, if the amount
20of the fine was reduced under sub. (2e), in lieu of paying the remaining amount of the
21fine. Each hour of community service performed in compliance with an order under
22this paragraph shall reduce the amount of the fine owed by an amount determined
23by the court.
AB283-ASA1,21,12
1346.65
(2j) (bm) In
Winnebago County any county that opts to offer a reduced
2minimum period of imprisonment for the successful completion of a probation period
3that includes alcohol and other drug treatment, if the number of convictions under
4ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of
5suspensions, revocations, and other convictions counted under s. 343.307 (1) within
6a 10-year period, equals 2, except that suspensions, revocations, or convictions
7arising out of the same incident or occurrence shall be counted as one, the fine shall
8be the same as under par. (am) 2., but the period of imprisonment shall be not less
9than 5 days, except that if the person successfully completes a period of probation
10that includes alcohol and other drug treatment, the period of imprisonment shall be
11not less than 5 nor more than 7 days. A person may be sentenced under this
12paragraph or under par. (cm) or sub. (2) (bm) or (cm) or (3r) once in his or her lifetime.
AB283-ASA1,21,2514
346.65
(2j) (cm) In
Winnebago County
any county that opts to offer a reduced
15minimum period of imprisonment for the successful completion of a probation period
16that includes alcohol and other drug treatment, if the number of convictions under
17ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of
18suspensions, revocations, and other convictions counted under s. 343.307 (1) within
19a 10-year period, equals 3 or more, except that suspensions, revocations, or
20convictions arising out of the same incident or occurrence shall be counted as one, the
21fine shall be the same as under par. (am) 3., but the period of imprisonment shall be
22not less than 30 days, except that if the person successfully completes a period of
23probation that includes alcohol and other drug treatment, the period of
24imprisonment shall be not less than 10 days. A person may be sentenced under this
25paragraph or under par. (bm) or sub. (2) (bm) or (cm) or (3r) once in his or her lifetime.
AB283-ASA1,22,52
346.65
(2q) Any person violating s. 346.63 (2m) shall forfeit $200. If there was
3a minor passenger under 16 years of age in the motor vehicle at the time of the
4violation that gave rise to the conviction under 346.63 (2m), the
forfeiture is person
5shall be fined $400.
AB283-ASA1,22,147
346.65
(3m) Except as provided in sub.
(3p) or (3r), any person violating s.
8346.63 (2) or (6) shall be fined not less than $300 nor more than $2,000 and may be
9imprisoned for not less than 30 days nor more than one year in the county jail. If
10there was a minor passenger under 16 years of age in the motor vehicle at the time
11of the violation that gave rise to the conviction under s. 346.63 (2) or (6), the offense
12is a felony, the applicable minimum and maximum fines or periods of imprisonment
13for the conviction are doubled and the place of imprisonment shall be determined
14under s. 973.02.
AB283-ASA1,22,2116
346.65
(3p) Any person violating s. 346.63 (2) or (6) is guilty of a Class H felony
17if the person has one or more prior convictions, suspensions, or revocations, as
18counted under s. 343.307 (1). If there was a minor passenger under 16 years of age
19in the motor vehicle at the time of the violation that gave rise to the conviction under
20s. 346.63 (2) or (6), the offense is a felony and the applicable maximum fines or
21periods of imprisonment for the conviction are doubled.
AB283-ASA1,23,1123
346.65
(3r) In
Winnebago County any county that opts to offer a reduced
24minimum period of imprisonment for the successful completion of a probation period
25that includes alcohol and other drug treatment, any person violating s. 346.63 (2) or
1(6) shall be fined the same as under sub. (3m), but the period of imprisonment shall
2be not less than 30 days, except that if the person successfully completes a period of
3probation that includes alcohol and other drug treatment, the period of
4imprisonment shall be not less than 15 days. If there was a minor passenger under
516 years of age in the motor vehicle at the time of the violation that gave rise to the
6conviction under s. 346.63 (2) or (6), the offense is a felony, the applicable minimum
7and maximum fines or periods of imprisonment for the conviction are doubled and
8the place of imprisonment shall be determined under s. 973.02. A person may be
9sentenced under this subsection or under sub. (2) (bm) or (cm) or (2j) (bm) or (cm) once
10in his or her lifetime.
This subsection does not apply to a person sentenced under sub.
11(3p).
AB283-ASA1,23,1614
346.65
(7) A person convicted under sub. (2) (am) 2., 3., 4.,
4m., 5., 6., or 7. or
15(2j) (am) 2. or 3. shall be required to remain in the county jail for not less than a
1648-consecutive-hour period.
AB283-ASA1,24,219
346.655
(1) If a court imposes a fine or a forfeiture for a violation of s. 346.63
20(1) or (5),
except for a first violation of s. 346.63 (1) (b), if the person who committed
21the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at
22the time of the violation, or a local ordinance in conformity therewith, or s. 346.63
23(2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, it shall
24impose a driver improvement surcharge under ch. 814 in an amount of $365 in
1addition to the fine or forfeiture, plus costs, fees, and other surcharges imposed under
2ch. 814.
AB283-ASA1,24,9
4346.657 District attorney surcharge.
(1) If a court imposes a fine or a
5forfeiture for a violation of s. 346.63 (1) or (5), or a local ordinance in conformity
6therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the
7use of a vehicle, it shall impose a district attorney surcharge under ch. 814 in an
8amount of $100 in addition to the fine or forfeiture, plus costs, fees, and other
9surcharges imposed under ch. 814.
AB283-ASA1,24,13
10(2) (a) Except as provided in par. (b), the clerk of court shall collect and transmit
11the amount under sub. (1) to the county treasurer as provided in s. 59.40 (2) (m). The
12county treasurer shall then make payment of the amount to the secretary of
13administration as provided in s. 59.25 (3) (f) 2.
AB283-ASA1,24,1714
(b) If the forfeiture is imposed by a municipal court, the court shall transmit
15the amount to the treasurer of the county, city, town, or village, and that treasurer
16shall make payment of the amount to the secretary of administration as provided in
17s. 66.0114 (1) (bm).
AB283-ASA1,24,19
18(3) Any person who fails to pay a district attorney surcharge imposed under
19sub. (1) is subject to s. 343.30 (1z).
AB283-ASA1, s. 56
20Section
56. 347.413 (title) and (1) of the statutes are amended to read:
AB283-ASA1,25,3
21347.413 (title)
Ignition interlock device tampering; failure to install. 22(1) No person may remove, disconnect, tamper with, or otherwise circumvent the
23operation of an ignition interlock device installed in response to the court order under
24s. 346.65 (6), 1999 stats., or s. 343.301 (1)
, or fail to have the ignition interlock device
25installed as ordered by the court. This subsection does not apply to the removal of
1an ignition interlock device upon the expiration of the order requiring the motor
2vehicle to be so equipped or to necessary repairs to a malfunctioning ignition
3interlock device by a person authorized by the department.
AB283-ASA1,25,95
347.417
(1) No person may remove, disconnect, tamper with, or otherwise
6circumvent the operation of any immobilization device installed in response to a
7court order under s. 346.65 (6), 1999 stats., or s. 343.301 (2)
, 2007 stats. This
8subsection does not apply to the removal of an immobilization device pursuant to a
9court order or to necessary repairs to a malfunctioning immobilization device.
AB283-ASA1,25,1511
347.417
(2) The department shall design a warning label which shall be affixed
12by the owner of each immobilization device before the device is used to immobilize
13any motor vehicle under s. 346.65 (6), 1999 stats., or s. 343.301 (2)
, 2007 stats. The
14label shall provide notice of the penalties for removing, disconnecting, tampering
15with, or otherwise circumventing the operation of the immobilization device.
AB283-ASA1,25,2117
347.50
(1s) Any person violating s. 347.413 (1) or 347.417 (1) may be
required
18to forfeit fined not less than $150 nor more than $600
, or may be imprisoned for not
19more than 6 months, or both for the first offense. For a 2nd or subsequent conviction
20within 5 years, the person may be fined not less than $300 nor more than $1,000
, or
21imprisoned for not more than 6 months
, or both.
AB283-ASA1,25,2523
347.50
(1t) In addition to the penalty under sub. (1s), if a person who is subject
24to an order under s. 343.301 violates s. 347.413, the court shall extend the order
25under s. 343.301 (1) or (2m) for 6 months for each violation.
AB283-ASA1,26,142
757.05
(1) (a) Whenever a court imposes a fine or forfeiture for a violation of
3state law or for a violation of a municipal or county ordinance except for a violation
4of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5),
or for a first violation of s.
523.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who
6committed the violation had a blood alcohol concentration of 0.08 or more but less
7than 0.1 at the time of the violation, or for a violation of state laws or municipal or
8county ordinances involving nonmoving traffic violations, violations under s. 343.51
9(1m) (b), or safety belt use violations under s. 347.48 (2m), there shall be imposed in
10addition a penalty surcharge under ch. 814 in an amount of 26 percent of the fine or
11forfeiture imposed. If multiple offenses are involved, the penalty surcharge shall be
12based upon the total fine or forfeiture for all offenses. When a fine or forfeiture is
13suspended in whole or in part, the penalty surcharge shall be reduced in proportion
14to the suspension.
AB283-ASA1,26,2116
814.63
(1) (c) This subsection does not apply to an action for a violation of s.
17101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5),
for a first violation of s. 23.33
18(4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who
19committed the violation had a blood alcohol concentration of 0.08 or more but less
20than 0.1 at the time of the violation, or for a violation under s. 343.51 (1m) (b)
, or a
21safety belt use violation under s. 347.48 (2m).
AB283-ASA1,27,623
814.63
(2) Upon the disposition of a forfeiture action in circuit court for
24violation of a county, town, city, village, town sanitary district or public inland lake
25protection and rehabilitation district ordinance, except for an action
for a first
1violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the
2person who committed the violation had a blood alcohol concentration of 0.08 or more
3but less than 0.1 at the time of the violation, or for a violation under s. 343.51 (1m)
4(b) or a safety belt use violation under s. 347.48 (2m), the county, town, city, village,
5town sanitary district or public inland lake protection and rehabilitation district
6shall pay a nonrefundable fee of $5 to the clerk of circuit court.
AB283-ASA1,27,188
814.65
(1) Court costs. In a municipal court action, except for an action
for
9a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1)
10(b), if the person who committed the violation had a blood alcohol concentration of
110.08 or more but less than 0.1 at the time of the violation, or for a violation of an
12ordinance in conformity with s. 343.51 (1m) (b) or 347.48 (2m), the municipal judge
13shall collect a fee of not less than $15 nor more than $28 on each separate matter,
14whether it is on default of appearance, a plea of guilty or no contest, on issuance of
15a warrant or summons, or the action is tried as a contested matter. Of each fee
16received by the judge under this subsection, the municipal treasurer shall pay
17monthly $5 to the secretary of administration for deposit in the general fund and
18shall retain the balance for the use of the municipality.
AB283-ASA1, s. 65
19Section
65. 814.65 (1) of the statutes, as affected by 2009 Wisconsin Acts 28
20and .... (this act), is repealed and recreated to read:
AB283-ASA1,28,421
814.65
(1) Court costs. In a municipal court action, for a financial
22responsibility violation under s. 344.62 (2) or for a violation of an ordinance in
23conformity with s. 343.51 (1m) (b) or 347.48 (2m), the municipal judge shall collect
24a fee of not less than $15 nor more than $28 on each separate matter, whether it is
25on default of appearance, a plea of guilty or no contest, on issuance of a warrant or
1summons, or the action is tried as a contested matter. Of each fee received by the
2judge under this subsection, the municipal treasurer shall pay monthly $5 to the
3secretary of administration for deposit in the general fund and shall retain the
4balance for the use of the municipality.
AB283-ASA1,28,66
814.75
(9m) The district attorney surcharge under s. 346.657.
AB283-ASA1,28,88
814.76
(7m) The district attorney surcharge under s. 346.657.
AB283-ASA1,28,1010
814.78
(7m) The district attorney surcharge under s. 346.657.
AB283-ASA1,28,1212
814.79
(4r) The district attorney surcharge under s. 346.657.
AB283-ASA1,28,2114
814.85
(1) (a) Except for an action for
a first violation of s. 23.33 (4c) (a) 2.,
1530.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the
16violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the
17time of the violation, or for a violation under s. 343.51 (1m) (b) or a safety belt use
18violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $68
19court support services surcharge from any person, including any governmental unit
20as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am) or
21814.63 (1).
AB283-ASA1, s. 71
22Section
71. 814.85 (1) (a) of the statutes, as affected by 2009 Wisconsin Acts
2328 and .... (this act), is repealed and recreated to read:
AB283-ASA1,29,424
814.85
(1) (a) Except for an action for a financial responsibility violation under
25s. 344.62 (2), or for a violation under s. 343.51 (1m) (b) or a safety belt use violation
1under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $68 court
2support services surcharge from any person, including any governmental unit as
3defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am) or 814.63
4(1).
AB283-ASA1,29,157
814.86
(1) Except for an action for
a first violation of s. 23.33 (4c) (a) 2., 30.681
8(1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation
9had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the
10violation, or for a violation under s. 343.51 (1m) (b) or a safety belt use violation under
11s. 347.48 (2m), the clerk of circuit court shall charge and collect a $21.50 justice
12information system surcharge from any person, including any governmental unit, as
13defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62
14(1), (2), or (3) (a) or (b), or 814.63 (1). The justice information system surcharge is in
15addition to the surcharge listed in sub. (1m).
AB283-ASA1,29,2519
814.86
(1) Except for an action for a financial responsibility violation under s.
20344.62 (2), or for a violation under s. 343.51 (1m) (b) or a safety belt use violation
21under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $21.50 justice
22information system surcharge from any person, including any governmental unit, as
23defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62
24(1), (2), or (3) (a) or (b), or 814.63 (1). The justice information system surcharge is in
25addition to the surcharge listed in sub. (1m).
AB283-ASA1, s. 74
1Section
74. 940.09 (1d) of the statutes is repealed and recreated to read:
AB283-ASA1,30,32
940.09
(1d) A person who violates sub. (1) is subject to the requirements and
3procedures for installation of an ignition interlock device under s. 343.301.
AB283-ASA1, s. 75
4Section
75. 940.25 (1d) of the statutes is repealed and recreated to read:
AB283-ASA1,30,65
940.25
(1d) A person who violates sub. (1) is subject to the requirements and
6procedures for installation of an ignition interlock device under s. 343.301.
AB283-ASA1,30,148
969.01
(2) (a) Release pursuant to s. 969.02 or 969.03 may be allowed in the
9discretion of the trial court after conviction and prior to sentencing or the granting
10of probation.
This paragraph does not apply to a person if his or her number of
11convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total
12number of suspensions, revocations, and other convictions counted under s. 343.307
13(1), equals 3 or more until after the person has served at least the minimum term of
14confinement for the violation.
AB283-ASA1, s. 77
15Section
77. 973.09 (1) (d) (intro.) of the statutes is renumbered 973.09 (1) (d)
16and amended to read:
AB283-ASA1,30,2317
973.09
(1) (d) If a person is convicted of an offense that provides a mandatory
18or presumptive minimum period of one year or less of imprisonment, a court may
19place the person on probation under par. (a) if the court requires, as a condition of
20probation, that the person be confined under sub. (4) for at least that mandatory or
21presumptive minimum period. The person is eligible to earn good time credit
22calculated under s. 302.43 regarding the period of confinement.
This paragraph does
23not apply if the conviction is for any of the following:
AB283-ASA1,31,93
973.15
(8) (a) 3. For not more than 60 days
, except that the court may not stay
4execution of a person's sentence of imprisonment or to the intensive sanctions
5program under this subdivision if the person's number of convictions under ss.
6940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions,
7revocations, and other convictions counted under s. 343.307 (1), equals 3 or more
8until after the person has served at least the minimum term of confinement for the
9violation.
AB283-ASA1,31,1911
978.05
(1m) Intoxicated and drugged driving actions. The district attorney
12of any prosecutorial unit shall use funds from the appropriation under s. 20.475 (1)
13(j) to prosecute offenses relating to operating a motor vehicle while under the
14influence of an intoxicant, a controlled substance, a controlled substance analog or
15any combination of an intoxicant, a controlled substance and a controlled substance
16analog, under the influence of any other drug to a degree which renders him or her
17incapable of safely driving, or under the combined influence of an intoxicant and any
18other drug or operating a motor vehicle with a prohibited alcohol concentration or
19a detectable amount of a restricted controlled substance in his or her blood.
AB283-ASA1,32,321
(1)
The department of corrections may not use moneys from the appropriation
22under section 20.410 (1) (hh) of the statutes, as created by this act, to supplant
23moneys allocated to provide services related to probation, extended supervision and
24parole, the intensive sanctions program under section 301.048 of the statutes, the
25community residential confinement program under section 301.046 of the statutes,
1and programs of intensive supervision of adult offenders and minimum security
2correctional institutions established under section 301.13 of the statutes for persons
3who were convicted of offenses not related to intoxicated driving.
AB283-ASA1,32,10
5(1) This act first applies to violations that are committed or refusals that occur
6on the effective date of this subsection, but does not preclude the counting of other
7convictions, suspensions, or revocations as prior convictions, suspensions, or
8revocations for purposes of administrative action by the department of
9transportation, sentencing by a court, or revocation or suspension of motor vehicle
10operating privileges.
AB283-ASA1, s. 85
11Section
85.
Effective dates. This act takes effect on first day of the 3rd
12month beginning after publication, except as follows:
AB283-ASA1,32,1613
(1) The repeal and recreation of sections 343.10 (2) (a) (intro.) and 343.23 (2)
14(b) of the statutes takes effect on the first day of the 3rd month beginning after
15publication, or on the date on which the creation of section 343.165 of the statutes
16by
2007 Wisconsin Act 20 takes effect, whichever is later.
AB283-ASA1,32,2517
(2)
The repeal of sections 342.12 (4) (c) 1. b., 343.301 (1) (title), 343.301 (2), and
18346.65 (6) of the statutes, the renumbering and amendment of sections 343.301 (1)
19(c) and 343.301 (1) (d) of the statutes, the amendment of sections 340.01 (46m) (c),
20342.12 (4) (c) 1. c., 342.13 (1), 343.10 (2) (a) (intro.), 343.10 (5) (a) 3., 343.301 (title),
21347.413 (title) and (1), 347.417 (1), 347.417 (2), and 347.50 (1s) of the statutes, the
22repeal and recreation of sections 343.301 (1), 343.305 (10m), 940.09 (1d), and 940.25
23(1d) of the statutes, and the creation of sections
20.395 (5) (hj), 343.10 (2) (f), 343.301
24(3) (b), 343.301 (5), and 347.50 (1t) of the statutes take effect on the first day of the
259th month beginning after publication.
AB283-ASA1,33,2
1(3)
The creation of sections 20.410 (1) (hh) and 139.27 of the statutes takes
2effect on July 1, 2011.