LRBs0141/2
PJH:wlj/bjk/kjf:md
2009 - 2010 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 1,
TO 2009 SENATE BILL 66
October 6, 2009 - Offered by Senators Sullivan, Taylor and Decker.
SB66-SSA1,2,7
1An Act to repeal 342.12 (4) (c) 1. b., 343.301 (1) (title) and (a), 343.301 (2), 346.65
2(6), 346.65 (8), 973.09 (1) (d) 1., 973.09 (1) (d) 2. and 973.09 (1) (d) 3.;
to
3renumber and amend 343.301 (1) (c), 343.301 (1) (d), 346.65 (2) (f) and 973.09
4(1) (d) (intro.);
to consolidate, renumber and amend 343.301 (1) (b) 1. and
52.;
to amend 139.03 (2m), 165.755 (1) (b), 302.46 (1) (a), 340.01 (46m) (c), 342.12
6(4) (c) 1. c., 342.13 (1), 343.10 (2) (a) (intro.), 343.10 (5) (a) 3., 343.23 (2) (b),
7343.30 (1q) (c) 1. (intro.), 343.301 (title), 346.65 (2) (am) 3., 346.65 (2) (am) 4.,
8346.65 (2) (am) 6., 346.65 (2) (am) 7., 346.65 (2) (bm), 346.65 (2) (cm), 346.65 (2c),
9346.65 (2g) (a), 346.65 (2g) (ag), 346.65 (2j) (am) 3., 346.65 (2j) (bm), 346.65 (2j)
10(cm), 346.65 (2q), 346.65 (3m), 346.65 (3r), 346.65 (7), 346.655 (1), 347.413 (title)
11and (1), 347.417 (1), 347.417 (2), 347.50 (1s), 757.05 (1) (a), 814.60 (1), 814.63
12(1) (c), 814.63 (2), 814.65 (1), 814.85 (1) (a), 814.86 (1), 969.01 (2) (a) and 973.15
13(8) (a) 3.;
to repeal and recreate 343.10 (2) (a) (intro.), 343.23 (2) (b), 343.305
1(10m), 814.65 (1), 814.85 (1) (a), 814.86 (1), 940.09 (1d) and 940.25 (1d); and
to
2create 110.10 (4m), 302.425 (7) (c), 343.10 (2) (f), 343.30 (1r), 343.301 (1g),
3343.301 (1m), 343.301 (2r), 343.301 (3) (b), 343.301 (5), 343.305 (10g), 343.31
4(4), 346.65 (2) (am) 4m., 346.65 (2) (dm), 346.65 (2) (f) 1., 346.65 (2j) (cr), 346.65
5(3p), 347.50 (1t), 814.75 (9m), 814.76 (7m), 814.78 (7m), 814.79 (4r) and 973.09
6(2) (am) of the statutes;
relating to: operating a vehicle while intoxicated,
7granting rule-making authority, and providing a penalty.
Analysis by the Legislative Reference Bureau
This substitute amendment makes a number of changes relating to operating
a vehicle under the influence of an intoxicant (OWI-related offense), including the
following:
1. Under current law, if a person is convicted of a second OWI-related offense,
a judge may immobilize the person's motor vehicles or require that the person's
operating privilege be limited to operating vehicles that are equipped with an
ignition interlock device. If a person is convicted of a third or subsequent
OWI-related offense within five years, a judge must limit the person's operating
privilege to operating vehicles that are equipped with an ignition interlock device
unless the judge orders that the person's motor vehicles be immobilized or seized and
sold at auction.
Current law requires the person to pay for the costs of installing and monitoring
the ignition interlock device on every motor vehicle he or she owns. If the judge
determines that this would work a hardship to the person, current law allows the
judge to require an ignition interlock device on some, but not all, of the person's motor
vehicles.
Under current law, no one may remove, disconnect, tamper with, or otherwise
circumvent the operation of an ignition interlock device. A person who does so may
be required to forfeit not less than $150 nor more than $600 for the first offense and,
for a second or subsequent offense within five years, may be fined not less than $300
nor more than $1,000, or imprisoned for not more than six months, or both.
This substitute amendment eliminates the option of ordering the person's
vehicle to be immobilized or seized and sold at auction. The substitute amendment
makes it mandatory for a judge to require that the person's operating privilege be
limited, for a minimum of one year, to operating vehicles that are equipped with an
ignition interlock device if either of the following are true: 1) the person commits a
first OWI-related offense with an alcohol concentration of 0.15 or more; or 2) the
person commits a second OWI-related offense.
Under the substitute amendment, with some exceptions, the judge must order
that every motor vehicle the person owns be equipped with an ignition interlock
device. If the judge determines that the person's income is at or below 150 percent
of the federal poverty level, the person is required to pay a $50 surcharge upon the
installation of the first ignition interlock device and, for each ignition interlock
device, half of the installation cost, and one-half of the cost per day toward the cost
of monitoring the ignition interlock device. A person whose income is above 150
percent of the federal poverty level is required to pay the surcharge and assume the
full cost of installing and monitoring each ignition interlock device. Under the
substitute amendment, if a person who is ordered to do so fails to pay the surcharge
or fails to have an ignition interlock device installed, he or she may not obtain an
occupational license. Moneys generated by the surcharge are retained by the
counties.
Under the substitute amendment, a court may order a person who removes,
disconnects, tampers with, or otherwise circumvents the operation of an ignition
interlock device to be imprisoned for not more than six months for a first offense. The
substitute amendment also subjects a person who fails to have an ignition interlock
device installed as ordered by the court to the same penalties as a person who
removes, disconnects, tampers with, or otherwise circumvents the operation of an
ignition interlock device.
2. Under current law, a person who is subject to a forfeiture or a fine for
violating most state laws or local ordinances is also liable for a variety of penalty
surcharges and court fees. In addition, a person who commits an OWI-related
offense is liable for a penalty surcharge for driver improvement programs and is
required to comply with an alcohol and other drug assessment before he or she is
eligible for reinstatement of his or her driving privileges.
Currently, a person who commits his or her first OWI-related offense and who
has a blood alcohol concentration between 0.08 and 0.099 at the time of the offense
is not liable for the surcharges or fees and does not need to comply with an alcohol
or other drug assessment program. Further, the Department of Transportation
(DOT) must purge its records of a first offense related to driving while intoxicated
after ten years; the department keeps all other records of offenses related to driving
while intoxicated permanently.
Under this substitute amendment, a person who commits his or her first
OWI-related offense and who has a blood alcohol concentration between 0.08 and
0.099 at the time of the violation is liable for the surcharges or fees and must comply
with an alcohol or other drug assessment program before his or her driving privileges
may be reinstated. Under this substitute amendment, DOT must keep a record of
this offense permanently.
3. Under current law, a person who commits an OWI-related offense is subject
to a forfeiture or fine and, for a second or subsequent offense, a period of
imprisonment. Currently, a person who commits a first OWI-related offense is
subject to a forfeiture between $150 and $300. A person who commits a second
OWI-related offense is subject to a fine between $350 and $1,100 and may be
imprisoned for not less than five days nor more than six months, a person who
commits a third offense is subject to a fine between $600 and $2,000 and may be
imprisoned for not less than 30 days nor more than one year, a person who commits
a fourth offense may be fined between $600 and $2,000 and may be imprisoned for
not less than 60 days nor more than one year.
Upon committing a fifth or sixth OWI-related offense, a person is guilty of a
Class H felony, and is subject to a minimum fine of $600, a six-month minimum term
of imprisonment, and a maximum term of imprisonment of six years. A seventh,
eighth, or ninth OWI-related offense is a Class G felony, and the person is subject
to a maximum fine of $25,000 and a maximum term of imprisonment of ten years.
A tenth or subsequent OWI-related offense is a Class F felony, and the person is
subject to a maximum fine of $25,000, and a maximum term of imprisonment of 12
years and six months.
Under current law, a person who is sentenced for a felony is sentenced to a
bifurcated sentence, and the person serves a portion of his or her sentence confined
in a prison and a portion under extended supervision outside of prison.
This substitute amendment makes a first OWI-related offense a crime if, at the
time of the offense, a child under the age of 16 was present in the vehicle involved
in the offense. Under the substitute amendment, the penalties for committing this
crime are the same as for committing a second OWI-related offense.
The substitute amendment increases the minimum period of imprisonment for
a third OWI-related offense to 45 days. The substitute amendment makes a fourth
OWI-related offense committed within five years of a prior offense a Class H felony
and requires a person who commits a fourth OWI-related offense within five years
to pay a minimum fine of $600 and to serve a minimum term of six months'
imprisonment. The substitute amendment requires a person who commits a
seventh, eighth, or ninth OWI-related offense to serve a minimum period of
confinement or three years in prison under a bifurcated sentence and requires a
person who commits a tenth or subsequent OWI-related offense to serve a minimum
period of confinement of four years in prison under a bifurcated sentence. Under the
substitute amendment, a person who is sentenced to imprisonment in jail or placed
on probation for a fourth or subsequent OWI-related offense may not serve his or her
jail sentence in home detention.
4. Under current law, a person who commits an OWI-related offense and
causes injury to another is subject to a fine of not less than $300 nor more than
$2,000, imprisonment for not less than 30 days nor more than one year, or both.
Under this substitute amendment, a person who commits a second or
subsequent OWI-related offense and causes injury to another person is guilty of a
Class H felony, and is subject to a fine up to $10,000, imprisonment for not more than
six years, or both.
5.
2005 Wisconsin Act 389 created a pilot program for sentencing persons in
Winnebago County who are convicted of certain second or third OWI-related
offenses. Under that act, the period of imprisonment for an OWI-related offense in
Winnebago County may be reduced if the violator successfully completes a period of
probation that includes alcohol and other drug treatment. A person may complete
a treatment program and receive a reduced period of imprisonment only once.
This substitute amendment expands the sentencing option to any county that
opts to allow a violator to successfully complete a period of probation that includes
alcohol and other drug treatment in exchange for a shorter period of imprisonment.
The substitute amendment allows these counties to offer this sentencing option to
persons who commit a fourth OWI-related offense.
6. Under current law, a person who commits an OWI-related offense has his
or her operating privileges revoked for a specified period. The period of revocation
lengthens with each subsequent OWI-related offense, and generally begins on the
date on which the person commits the OWI-related offense.
Under this substitute amendment, the period of revocation begins on the date
on which the person commits the OWI-related offense, but the period of revocation
is extended by the number of days that the person is required to spend in jail or
prison.
7. Under current law, after a person is convicted of most crimes, the trial court
may withhold the person's sentence, or impose a sentence of imprisonment but stay
the imposition of imprisonment, and place the person on probation for a period of
time. If the crime carries a mandatory minimum period of incarceration of one year
or less, the person must be incarcerated for at least the mandatory minimum period
as a condition of his or her probation.
Under current law, a trial court may not place a person on probation if the
person has committed a second or third OWI-related offense or three or fewer
offenses related to operating a commercial vehicle or causing injury while operating
a vehicle while intoxicated or with a prohibited alcohol concentration. A trial court
may place a person who commits more than three of these offenses on probation
under current law; the maximum period of probation for a fourth OWI-related
offence is two years.
Under this substitute amendment, a trial court may place a person who
commits any of those offenses on probation. Under the substitute amendment, a
person who commits an offense that carries a mandatory minimum period of
incarceration of one year or less must be incarcerated for at least the mandatory
minimum period as a condition of his or her probation. The substitute amendment
also increases the maximum period of probation for a fourth OWI-related offence to
three years.
8. Under current law, a person who is convicted of any criminal offense pays
a $20 processing fee to the clerk of court. Half of this amount is retained by the
county, and half goes to the general fund.
This substitute amendment increases the fee to $163. Under the substitute
amendment, the county forwards 94 percent of the fees it collects for deposit into the
general fund and retains 6 percent for use by the county.
9. Under current law, a trial court may, at its discretion, release a person who
has been convicted of a crime from imprisonment until the time of sentencing.
Current law also allows a sentencing court to delay the execution of a sentence of
imprisonment for up to 60 days, unless the court finds that there is legal cause to
delay the execution of the sentence for a longer period or unless the court places the
person on probation.
Under this substitute amendment, if a person has been convicted of a third or
subsequent OWI-related offense, a court may not release the person after conviction
but before sentencing or delay the execution of a sentence of imprisonment unless
the court finds that there is legal cause to delay the execution of the sentence or
unless the court places the person on probation.
10. Under current law, intoxicating liquor is taxed at a rate of 85.86 cents per
liter. Moneys produced by this tax go to the general fund.
This substitute amendment increases the tax on intoxicating liquor to 135.86
cents per liter. Under the substitute amendment, the moneys generated from the
increased tax and clerk of court fee will go the Joint Committee on Finance and will
be distributed among district attorneys, public defenders, the departments of justice
and corrections, and the circuit courts.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB66-SSA1, s. 1
1Section
1. 110.10 (4m) of the statutes is created to read:
SB66-SSA1,6,52
110.10
(4m) Requiring ignition interlock device providers operating in this
3state to accept, as payment in full for equipping a motor vehicle with an ignition
4interlock device and for maintaining the ignition interlock device, the amount
5ordered by the court under s. 343.301 (3) (b), if applicable.
SB66-SSA1, s. 2
6Section
2. 139.03 (2m) of the statutes is amended to read:
SB66-SSA1,6,127
139.03
(2m) The rate of that tax is
85.86 135.86 cents per liter on intoxicating
8liquor, except wine containing not in excess of 21% of alcohol by volume, containing
90.5% or more of alcohol by volume. The department of revenue may, by rule, set the
10amount of the taxes imposed under this section for various sizes of containers if the
11amounts set are in the same proportion to the size of the containers as the rate per
12liter under this subsection.
SB66-SSA1, s. 3
13Section
3. 165.755 (1) (b) of the statutes is amended to read:
SB66-SSA1,7,414
165.755
(1) (b) A court may not impose the crime laboratories and drug law
15enforcement surcharge under par. (a) for a violation of s. 101.123 (2) (a), (am) 1., (ar),
16(bm), (br), or (bv) or (5) (b)
, for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1.,
17346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood
1alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, 2or for a violation of a state law or municipal or county ordinance involving a
3nonmoving traffic violation, a violation under s. 343.51 (1m) (b), or a safety belt use
4violation under s. 347.48 (2m).
SB66-SSA1, s. 4
5Section
4. 302.425 (7) (c) of the statutes is created to read:
SB66-SSA1,7,96
302.425
(7) (c) A person sentenced under s. 346.65, under s. 973.09 for a 4th
7or subsequent violation that is counted as a suspension, revocation, or conviction
8under s. 343.307, or under s. 940.09 (1) or 940.25 in the person's lifetime, or a
9combination thereof.
SB66-SSA1, s. 5
10Section
5. 302.46 (1) (a) of the statutes is amended to read:
SB66-SSA1,7,2311
302.46
(1) (a) If a court imposes a fine or forfeiture for a violation of state law
12or for a violation of a municipal or county ordinance except for a violation of s. 101.123
13(2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5)
, or for a first violation of s. 23.33 (4c) (a)
142., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the
15violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the
16time of the violation, or for a violation of state laws or municipal or county ordinances
17involving nonmoving traffic violations, violations under s. 343.51 (1m) (b), or safety
18belt use violations under s. 347.48 (2m), the court, in addition, shall impose a jail
19surcharge under ch. 814 in an amount of 1 percent of the fine or forfeiture imposed
20or $10, whichever is greater. If multiple offenses are involved, the court shall
21determine the jail surcharge on the basis of each fine or forfeiture. If a fine or
22forfeiture is suspended in whole or in part, the court shall reduce the jail surcharge
23in proportion to the suspension.
SB66-SSA1, s. 6
24Section
6. 340.01 (46m) (c) of the statutes is amended to read:
SB66-SSA1,8,3
1340.01
(46m) (c) If the person
is subject to an order under s. 343.301 or if the
2person has 3 or more prior convictions, suspensions or revocations, as counted under
3s. 343.307 (1), an alcohol concentration of more than 0.02.
SB66-SSA1, s. 7
4Section
7. 342.12 (4) (c) 1. b. of the statutes is repealed.
SB66-SSA1, s. 8
5Section
8. 342.12 (4) (c) 1. c. of the statutes is amended to read:
SB66-SSA1,8,86
342.12
(4) (c) 1. c. The person requesting the issuance of the certificate of title
7files an affidavit with the department attesting that the
conditions condition under
8subd. 1. a.
and b. are is met.
SB66-SSA1,8,1910
342.13
(1) If a certificate of title is lost, stolen, mutilated, or destroyed, or
11becomes illegible, the owner or legal representative of the owner named in the
12certificate, as shown by the records of the department, shall promptly make
13application for and may obtain a replacement upon furnishing information
14satisfactory to the department. The replacement certificate of title shall contain a
15notation, in a form determined by the department, identifying the certificate as a
16replacement certificate that may be subject to the rights of a person under the
17original certificate.
If applicable under s. 346.65 (6), the replacement certificate of
18title shall include the notation "Per section 346.65 (6) of the Wisconsin statutes,
19ownership of this motor vehicle may not be transferred without prior court approval".
SB66-SSA1, s. 10
20Section
10. 343.10 (2) (a) (intro.) of the statutes is amended to read:
SB66-SSA1,8,2221
343.10
(2) (a) (intro.) Except as provided in pars. (b) to
(e) (f), a person is eligible
22for an occupational license if the following conditions are satisfied:
SB66-SSA1,9,3
1343.10
(2) (a) (intro.) Except as provided in pars. (b) to (f), and subject to s.
2343.165 (5), a person is eligible for an occupational license if the following conditions
3are satisfied:
SB66-SSA1, s. 12
4Section
12. 343.10 (2) (f) of the statutes is created to read:
SB66-SSA1,9,105
343.10
(2) (f) If the court orders under s. 343.301 (1g) that the person's
6operating privilege for the operation of "Class D" vehicles be restricted to operating
7vehicles that are equipped with an ignition interlock device, no occupational license
8may be granted until the person pays the surcharge under s. 343.301 (5) and submits
9proof that an ignition interlock device has been installed in each motor vehicle to
10which the order under s. 343.301 applies.
SB66-SSA1, s. 13
11Section
13. 343.10 (5) (a) 3. of the statutes is amended to read:
SB66-SSA1,9,2612
343.10
(5) (a) 3.
If the applicant has 2 or more prior convictions, suspensions,
13or revocations, as counted under s. 343.307 (1), the The occupational license of the
14applicant shall restrict the applicant's operation under the occupational license to
15vehicles that are equipped with a functioning ignition interlock device if the court
16has ordered under s. 343.301
(1) (a) 1. or 2. (1g) that the person's operating privilege
17for Class D vehicles be restricted to operating vehicles that are equipped with an
18ignition interlock device or has ordered under s. 346.65 (6) (a) 1., 1999 stats., that the
19motor vehicle owned by the person and used in the violation or improper refusal be
20equipped with an ignition interlock device. A person to whom a restriction under this
21subdivision applies violates that restriction if he or she
removes or disconnects an
22ignition interlock device, requests or permits another to blow into an ignition
23interlock device or to start a motor vehicle equipped with an ignition interlock device
24for the purpose of providing the person an operable motor vehicle without the
25necessity of first submitting a sample of his or her breath to analysis by the ignition
1interlock device
. If, or otherwise tampers with or circumvents the operation of the
2ignition interlock device. Except as provided in s. 343.301 (3) (b), if the occupational
3license restricts the applicant's operation to a vehicle that is equipped with an
4ignition interlock device, the applicant shall be liable for the reasonable costs of
5equipping the vehicle with the ignition interlock device.
SB66-SSA1,11,78
343.23
(2) (b) The information specified in pars. (a) and (am) must be filed by
9the department so that the complete operator's record is available for the use of the
10secretary in determining whether operating privileges of such person shall be
11suspended, revoked, canceled, or withheld, or the person disqualified, in the interest
12of public safety. The record of suspensions, revocations, and convictions that would
13be counted under s. 343.307 (2) shall be maintained permanently
, except that the
14department shall purge the record of a first violation of s. 23.33 (4c) (a) 2., 30.681 (1)
15(b) 1., 346.63 (1) (b), or 350.101 (1) (b) after 10 years, 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, if the person does not have a commercial driver license, if the
18violation was not committed by a person operating a commercial motor vehicle, and
19if the person has no other suspension, revocation, or conviction that would be counted
20under s. 343.307 during that 10-year period. The record of convictions for
21disqualifying offenses under s. 343.315 (2) (h) shall be maintained for at least 10
22years. The record of convictions for disqualifying offenses under s. 343.315 (2) (f), (j),
23and (L) and all records specified in par. (am), shall be maintained for at least 3 years.
24The record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall
25be maintained permanently, except that 5 years after a licensee transfers residency
1to another state such record may be transferred to another state of licensure of the
2licensee if that state accepts responsibility for maintaining a permanent record of
3convictions for disqualifying offenses. Such reports and records may be cumulative
4beyond the period for which a license is granted, but the secretary, in exercising the
5power of suspension granted under s. 343.32 (2) may consider only those reports and
6records entered during the 4-year period immediately preceding the exercise of such
7power of suspension.
SB66-SSA1, s. 15
8Section
15. 343.23 (2) (b) of the statutes, as affected by 2009 Wisconsin Acts
928, section 2924, and .... (this act), is repealed and recreated to read:
SB66-SSA1,12,410
343.23
(2) (b) The information specified in pars. (a) and (am) must be filed by
11the department so that the complete operator's record is available for the use of the
12secretary in determining whether operating privileges of such person shall be
13suspended, revoked, canceled, or withheld, or the person disqualified, in the interest
14of public safety. The record of suspensions, revocations, and convictions that would
15be counted under s. 343.307 (2) shall be maintained permanently. The record of
16convictions for disqualifying offenses under s. 343.315 (2) (h) shall be maintained for
17at least 10 years. The record of convictions for disqualifying offenses under s.
18343.315 (2) (f), (j), and (L), and all records specified in par. (am), shall be maintained
19for at least 3 years. The record of convictions for disqualifying offenses under s.
20343.315 (2) (a) to (e) shall be maintained permanently, except that 5 years after a
21licensee transfers residency to another state such record may be transferred to
22another state of licensure of the licensee if that state accepts responsibility for
23maintaining a permanent record of convictions for disqualifying offenses. Such
24reports and records may be cumulative beyond the period for which a license is
25granted, but the secretary, in exercising the power of suspension granted under s.
1343.32 (2) may consider only those reports and records entered during the 4-year
2period immediately preceding the exercise of such power of suspension. The
3department shall maintain the digital images of documents specified in s. 343.165
4(2) (a) for at least 10 years.
SB66-SSA1, s. 16
5Section
16. 343.30 (1q) (c) 1. (intro.) of the statutes is amended to read:
SB66-SSA1,12,166
343.30
(1q) (c) 1. (intro.) Except as provided in subd. 1. a. or b.,
and except for
7a first violation of s. 346.63 (1) (b), if the person who committed the violation had a
8blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the
9violation, the court shall order the person to submit to and comply with an
10assessment by an approved public treatment facility as defined in s. 51.45 (2) (c) for
11examination of the person's use of alcohol, controlled substances or controlled
12substance analogs and development of a driver safety plan for the person. The court
13shall notify the department of transportation of the assessment order. The court
14shall notify the person that noncompliance with assessment or the driver safety plan
15will result in revocation of the person's operating privilege until the person is in
16compliance. The assessment order shall:
SB66-SSA1,12,2018
343.30
(1r) For any revocation the court orders under sub. (1q), the court shall
19extend the revocation period by the number of days to which the court sentences the
20person to imprisonment in a jail or prison for an offense related to the refusal.
SB66-SSA1, s. 18
21Section
18. 343.301 (title) of the statutes is amended to read:
SB66-SSA1,12,23
22343.301 (title)
Installation of ignition interlock device or
23immobilization of a motor vehicle.
SB66-SSA1, s. 19
24Section
19. 343.301 (1) (title) and (a) of the statutes are repealed.
SB66-SSA1, s. 20
1Section
20. 343.301 (1) (b) 1. and 2. of the statutes are consolidated,
2renumbered 343.301 (2m) and amended to read:
SB66-SSA1,13,133
343.301
(2m) The Except as provided in sub. (2r), the court
may shall restrict
4the operating privilege
restriction under
par. (a) 1. sub. (1g) for a period of not less
5than one year nor more than the maximum operating privilege revocation period
6permitted for the refusal or violation
. 2. The court shall order the operating privilege
7restriction and the installation of an ignition interlock device under par. (a) 2. for a
8period of not less than one year nor more than the maximum operating privilege
9revocation period permitted for the refusal or violation, beginning
one year after the
10operating privilege revocation period begins on the date the department issues any
11license granted under this chapter. The court may order the installation of an
12ignition interlock device under sub. (1g) immediately upon issuing an order under
13sub. (1g).