Amendment SSA2-SB66

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.

9. 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 93.87 percent of the fees it collects for deposit into the general fund and retains 6 percent for use by the county.

10. 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. Additionally, under current law, a court may allow a person to participate in the Huber Law program. The Huber Law program allows a person sentenced to a county jail or confined in a county jail as a sanction while the person is on extended supervision to leave the jail for certain purposes, including to work, seek work, attend school, perform community service, attend certain court proceedings, or obtain certain treatment or counseling services.

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. The substitute amendment also requires a person for whom a judge approves participation in the Huber Law program to submit, within two weeks of his or her sentencing date, proof that he or she has complied with an order to install an ignition interlock device on his or her vehicles. A person who fails to submit this proof to the sheriff in the county where he or she is incarcerated within the required period may not be released under the Huber Law program.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB66-SSA2, s. 1 Section 1. 25.40 (1) (a) 3m. of the statutes is created to read:

SB66-SSA2,6,3 25.40 (1) (a) 3m. Revenues collected under s. 343.21 (1) (jr) which shall be paid into the general fund.

SB66-SSA2, s. 2 Section 2. 110.10 (4m) of the statutes is created to read:

SB66-SSA2,7,4 110.10 (4m) Requiring ignition interlock device providers operating in this state to accept, as payment in full for equipping a motor vehicle with an ignition interlock device and for maintaining the ignition interlock device, the amount ordered by the court under s. 343.301 (3) (b), if applicable.

SB66-SSA2, s. 3 Section 3. 165.755 (1) (b) of the statutes is amended to read:

SB66-SSA2,7,13 165.755 (1) (b) A court may not impose the crime laboratories and drug law enforcement surcharge under par. (a) for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5) (b), for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of a state law or municipal or county ordinance involving a nonmoving traffic violation, a violation under s. 343.51 (1m) (b), or a safety belt use violation under s. 347.48 (2m).

SB66-SSA2, s. 4 Section 4. 302.46 (1) (a) of the statutes is amended to read:

SB66-SSA2,8,2 302.46 (1) (a) If a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), or for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations, violations under s. 343.51 (1m) (b), or safety belt use violations under s. 347.48 (2m), the court, in addition, shall impose a jail surcharge under ch. 814 in an amount of 1 percent of the fine or forfeiture imposed or $10, whichever is greater. If multiple offenses are involved, the court shall determine the jail surcharge on the basis of each fine or forfeiture. If a fine or forfeiture is suspended in whole or in part, the court shall reduce the jail surcharge in proportion to the suspension.

SB66-SSA2, s. 5 Section 5. 303.08 (10r) of the statutes is created to read:

SB66-SSA2,8,7 303.08 (10r) The sheriff may not permit a prisoner who is subject to an order under s. 343.301 (1g) to leave the jail under sub. (1) unless, within 2 weeks after the court issues the order, the person submits proof to the sheriff that an ignition interlock device has been installed in each motor vehicle to which the order applies.

SB66-SSA2, s. 6 Section 6. 340.01 (46m) (c) of the statutes is amended to read:

SB66-SSA2,8,11 340.01 (46m) (c) If the person is subject to an order under s. 343.301 or if the person has 3 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), an alcohol concentration of more than 0.02.

SB66-SSA2, s. 7 Section 7. 342.12 (4) (c) 1. b. of the statutes is repealed.

SB66-SSA2, s. 8 Section 8. 342.12 (4) (c) 1. c. of the statutes is amended to read:

SB66-SSA2,8,16 342.12 (4) (c) 1. c. The person requesting the issuance of the certificate of title files an affidavit with the department attesting that the conditions condition under subd. 1. a. and b. are is met.

SB66-SSA2, s. 9 Section 9. 342.13 (1) of the statutes is amended to read:

SB66-SSA2,9,2 342.13 (1) If a certificate of title is lost, stolen, mutilated, or destroyed, or becomes illegible, the owner or legal representative of the owner named in the certificate, as shown by the records of the department, shall promptly make application for and may obtain a replacement upon furnishing information satisfactory to the department. The replacement certificate of title shall contain a notation, in a form determined by the department, identifying the certificate as a replacement certificate that may be subject to the rights of a person under the original certificate. If applicable under s. 346.65 (6), the replacement certificate of title shall include the notation "Per section 346.65 (6) of the Wisconsin statutes, ownership of this motor vehicle may not be transferred without prior court approval".

SB66-SSA2, s. 10 Section 10. 343.10 (2) (a) (intro.) of the statutes is amended to read:

SB66-SSA2,9,5 343.10 (2) (a) (intro.) Except as provided in pars. (b) to (e) (f), a person is eligible for an occupational license if the following conditions are satisfied:

SB66-SSA2, s. 11 Section 11. 343.10 (2) (a) (intro.) of the statutes, as affected by 2007 Wisconsin Act 20 and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

SB66-SSA2,9,10 343.10 (2) (a) (intro.) Except as provided in pars. (b) to (f), and subject to s. 343.165 (5), a person is eligible for an occupational license if the following conditions are satisfied:

SB66-SSA2, s. 12 Section 12. 343.10 (2) (f) of the statutes is created to read:

SB66-SSA2,9,17 343.10 (2) (f) If the court orders under s. 343.301 (1g) that the person's operating privilege for the operation of "Class D" vehicles be restricted to operating vehicles that are equipped with an ignition interlock device, no occupational license may be granted until the person pays the surcharge under s. 343.301 (5) and submits proof that an ignition interlock device has been installed in each motor vehicle to which the order under s. 343.301 applies.

SB66-SSA2, s. 13 Section 13. 343.10 (5) (a) 3. of the statutes is amended to read:

SB66-SSA2,9,26 343.10 (5) (a) 3. If the applicant has 2 or more prior convictions, suspensions, or revocations, as counted under s. 343.307 (1), the The occupational license of the applicant shall restrict the applicant's operation under the occupational license to vehicles that are equipped with a functioning ignition interlock device if the court has ordered under s. 343.301 (1) (a) 1. or 2. (1g) that the person's operating privilege for Class D vehicles be restricted to operating vehicles that are equipped with an ignition interlock device or has ordered under s. 346.65 (6) (a) 1., 1999 stats., that the motor vehicle owned by the person and used in the violation or improper refusal be equipped with an ignition interlock device. A person to whom a restriction under this subdivision applies violates that restriction if he or she removes or disconnects an ignition interlock device, requests or permits another to blow into an ignition interlock device or to start a motor vehicle equipped with an ignition interlock device for the purpose of providing the person an operable motor vehicle without the necessity of first submitting a sample of his or her breath to analysis by the ignition interlock device. If, or otherwise tampers with or circumvents the operation of the ignition interlock device. Except as provided in s. 343.301 (3) (b), if the occupational license restricts the applicant's operation to a vehicle that is equipped with an ignition interlock device, the applicant shall be liable for the reasonable costs of equipping the vehicle with the ignition interlock device.

SB66-SSA2, s. 14 Section 14. 343.21 (1) (jr) of the statutes is created to read:

SB66-SSA2,10,16 343.21 (1) (jr) In addition to any other fee under this subsection, for reinstatement of an operating privilege previously revoked or suspended under s. 343.305 (7) or resulting from the commission of an offense listed in s. 343.307, $40.

SB66-SSA2, s. 15 Section 15. 343.23 (2) (b) of the statutes, as affected by 2009 Wisconsin Act 28, section 2923, is amended to read:

SB66-SSA2,11,18 343.23 (2) (b) The information specified in pars. (a) and (am) must be filed by the department so that the complete operator's record is available for the use of the secretary in determining whether operating privileges of such person shall be suspended, revoked, canceled, or withheld, or the person disqualified, in the interest of public safety. The record of suspensions, revocations, and convictions that would be counted under s. 343.307 (2) shall be maintained permanently, except that the department shall purge the record of a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b) after 10 years, if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, if the person does not have a commercial driver license, if the violation was not committed by a person operating a commercial motor vehicle, and if the person has no other suspension, revocation, or conviction that would be counted under s. 343.307 during that 10-year period. The record of convictions for disqualifying offenses under s. 343.315 (2) (h) shall be maintained for at least 10 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (f), (j), and (L) and all records specified in par. (am), shall be maintained for at least 3 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be maintained permanently, except that 5 years after a licensee transfers residency to another state such record may be transferred to another state of licensure of the licensee if that state accepts responsibility for maintaining a permanent record of convictions for disqualifying offenses. Such reports and records may be cumulative beyond the period for which a license is granted, but the secretary, in exercising the power of suspension granted under s. 343.32 (2) may consider only those reports and records entered during the 4-year period immediately preceding the exercise of such power of suspension.

SB66-SSA2, s. 16 Section 16. 343.23 (2) (b) of the statutes, as affected by 2009 Wisconsin Acts 28, section 2924, and .... (this act), is repealed and recreated to read:

SB66-SSA2,12,15 343.23 (2) (b) The information specified in pars. (a) and (am) must be filed by the department so that the complete operator's record is available for the use of the secretary in determining whether operating privileges of such person shall be suspended, revoked, canceled, or withheld, or the person disqualified, in the interest of public safety. The record of suspensions, revocations, and convictions that would be counted under s. 343.307 (2) shall be maintained permanently. The record of convictions for disqualifying offenses under s. 343.315 (2) (h) shall be maintained for at least 10 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (f), (j), and (L), and all records specified in par. (am), shall be maintained for at least 3 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be maintained permanently, except that 5 years after a licensee transfers residency to another state such record may be transferred to another state of licensure of the licensee if that state accepts responsibility for maintaining a permanent record of convictions for disqualifying offenses. Such reports and records may be cumulative beyond the period for which a license is granted, but the secretary, in exercising the power of suspension granted under s. 343.32 (2) may consider only those reports and records entered during the 4-year period immediately preceding the exercise of such power of suspension. The department shall maintain the digital images of documents specified in s. 343.165 (2) (a) for at least 10 years.

SB66-SSA2, s. 17 Section 17. 343.30 (1q) (b) 2. of the statutes is amended to read:

SB66-SSA2,12,20 343.30 (1q) (b) 2. Except as provided in sub. (1r) or subd. 3., 4. or 4m., for the first conviction, the court shall revoke the person's operating privilege for not less than 6 months nor more than 9 months. The person is eligible for an occupational license under s. 343.10 at any time.

SB66-SSA2, s. 18 Section 18. 343.30 (1q) (b) 3. of the statutes is amended to read:

SB66-SSA2,13,6 343.30 (1q) (b) 3. Except as provided in sub. (1r) or subd. 4m., if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other convictions, suspensions, and revocations counted under s. 343.307 (1) within a 10-year period, equals 2, the court shall revoke the person's operating privilege for not less than one year nor more than 18 months. After the first 60 45 days of the revocation period or, if the total number of convictions, suspensions, and revocations counted under this subdivision within any 5-year period equals 2 or more, after one year of the revocation period has elapsed, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan ordered under par. (c).

SB66-SSA2, s. 19 Section 19. 343.30 (1q) (b) 4. of the statutes is amended to read:

SB66-SSA2,13,17 343.30 (1q) (b) 4. Except as provided in sub. (1r) or subd. 4m., if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other convictions, suspensions, and revocations counted under s. 343.307 (1), equals 3 or more, the court shall revoke the person's operating privilege for not less than 2 years nor more than 3 years. After the first 90 45 days of the revocation period or, if the total number of convictions, suspensions, and revocations counted under this subdivision within any 5-year period equals 2 or more, after one year of the revocation period has elapsed, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan ordered under par. (c).

SB66-SSA2, s. 20 Section 20. 343.30 (1q) (c) 1. (intro.) of the statutes is amended to read:

SB66-SSA2,14,4 343.30 (1q) (c) 1. (intro.) Except as provided in subd. 1. a. or b., and except for a first violation of s. 346.63 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, the court shall order the person to submit to and comply with an assessment by an approved public treatment facility as defined in s. 51.45 (2) (c) for examination of the person's use of alcohol, controlled substances or controlled substance analogs and development of a driver safety plan for the person. The court shall notify the department of transportation of the assessment order. The court shall notify the person that noncompliance with assessment or the driver safety plan will result in revocation of the person's operating privilege until the person is in compliance. The assessment order shall:

SB66-SSA2, s. 21 Section 21. 343.30 (1r) of the statutes is created to read:

SB66-SSA2,14,8 343.30 (1r) For any revocation the court orders under sub. (1q), the court shall extend the revocation period by the number of days to which the court sentences the person to imprisonment in a jail or prison for an offense related to the refusal.

SB66-SSA2, s. 22 Section 22. 343.301 (title) of the statutes is amended to read:

SB66-SSA2,14,11 343.301 (title) Installation of ignition interlock device or immobilization of a motor vehicle.

SB66-SSA2, s. 23 Section 23. 343.301 (1) (title) and (a) of the statutes are repealed.

SB66-SSA2, s. 24 Section 24. 343.301 (1) (b) 1. and 2. of the statutes are consolidated, renumbered 343.301 (2m) and amended to read:

SB66-SSA2,15,2 343.301 (2m) The court may shall restrict the operating privilege restriction under par. (a) 1. sub. (1g) for a period of not less than one year nor more than the maximum operating privilege revocation period permitted for the refusal or violation. 2. The court shall order the operating privilege restriction and the installation of an ignition interlock device under par. (a) 2. for a period of not less than one year nor more than the maximum operating privilege revocation period permitted for the refusal or violation, beginning one year after the operating privilege revocation period begins on the date the department issues any license granted under this chapter, except that if the maximum operating privilege revocation period is less than one year, the court shall restrict the operating privilege under sub. (1g) for one year. The court may order the installation of an ignition interlock device under sub. (1g) immediately upon issuing an order under sub. (1g).

SB66-SSA2, s. 25 Section 25. 343.301 (1) (c) of the statutes is renumbered 343.301 (3) (a) and amended to read:

SB66-SSA2,15,7 343.301 (3) (a) If Except as provided in par. (b), if the court enters an order under par. (a) sub. (1g), the person shall be liable for the reasonable cost of equipping and maintaining any ignition interlock device installed on his or her motor vehicle.

SB66-SSA2, s. 26 Section 26. 343.301 (1) (d) of the statutes is renumbered 343.301 (4) and amended to read:

SB66-SSA2,15,17 343.301 (4) A person to whom an order under par. (a) sub. (1g) applies violates that order if he or she fails to have an ignition interlock device installed as ordered, removes or disconnects an ignition interlock device, requests or permits another to blow into an ignition interlock device or to start a motor vehicle equipped with an ignition interlock device for the purpose of providing the person an operable motor vehicle without the necessity of first submitting a sample of his or her breath to analysis by the ignition interlock device, or otherwise tampers with or circumvents the operation of the ignition interlock device.

SB66-SSA2, s. 27 Section 27. 343.301 (1g) of the statutes is created to read:

SB66-SSA2,15,24 343.301 (1g) A court shall order a person's operating privilege for the operation of "Class D" vehicles be restricted to operating vehicles that are equipped with an ignition interlock device and, except as provided in sub. (1m), shall order that each motor vehicle for which the person's name appears on the vehicle's certificate of title or registration be equipped with an ignition interlock device if either of the following applies:

SB66-SSA2,15,25 (a) The person improperly refused to take a test under s. 343.305.

SB66-SSA2,16,2 (b) The person violated s. 346.63 (1) or (2), 940.09 (1), or 940.25 and either of the following applies:

SB66-SSA2,16,4 1. The person had an alcohol concentration of 0.15 or more at the time of the offense.

SB66-SSA2,16,8 2. The person has a total of one or more prior convictions, suspensions, or revocations, counting convictions under ss. 940.09 (1) and 940.25 in the person's lifetime and other convictions, suspensions, and revocations counted under s. 343.307 (1).

SB66-SSA2, s. 28 Section 28. 343.301 (1m) of the statutes is created to read:

SB66-SSA2,16,13 343.301 (1m) If equipping each motor vehicle with an ignition interlock device under sub. (1g) would cause an undue financial hardship, the court may order that one or more vehicles described sub. (1g) not be equipped with an ignition interlock device.

SB66-SSA2, s. 29 Section 29. 343.301 (2) of the statutes is repealed.

SB66-SSA2, s. 30 Section 30. 343.301 (3) (b) of the statutes is created to read:

SB66-SSA2,16,22 343.301 (3) (b) If the court finds that the person who is subject to an order under sub. (1g) has a household income that is at or below 150 percent of the nonfarm federal poverty line for the continental United States, as defined by the federal department of labor under 42 USC 9902 (2), the court shall limit the person's liability under par. (a) to one-half of the cost of equipping each motor vehicle with an ignition interlock device and one-half of the cost per day per vehicle of maintaining the ignition interlock device.

SB66-SSA2, s. 31 Section 31. 343.301 (5) of the statutes is created to read:

SB66-SSA2,17,3 343.301 (5) If the court enters an order under sub. (1g), the court shall impose and the person shall pay to the clerk of court an ignition interlock surcharge of $50. The clerk of court shall transmit the amount to the county treasurer.

SB66-SSA2, s. 32 Section 32. 343.305 (8) (b) 5. (intro.) of the statutes is amended to read:

SB66-SSA2,17,8 343.305 (8) (b) 5. (intro.) If the hearing examiner finds that any of the following applies, the examiner shall order that the administrative suspension of the person's operating privilege be rescinded without payment of any fee under s. 343.21 (1) (j), (jr), or (n):

SB66-SSA2, s. 33 Section 33. 343.305 (8) (c) 5. of the statutes is amended to read:

SB66-SSA2,17,12 343.305 (8) (c) 5. If any court orders under this subsection that the administrative suspension of the person's operating privilege be rescinded, the person need not pay any fee under s. 343.21 (1) (j), (jr), or (n).

SB66-SSA2, s. 34 Section 34. 343.305 (10g) of the statutes is created to read:

SB66-SSA2,17,17 343.305 (10g) Suspensions and revocations; extensions. For any suspension or revocation the court orders under sub. (10), the court shall extend the suspension or revocation period by the number of days to which the court sentences the person to imprisonment in a jail or prison.

SB66-SSA2, s. 35 Section 35. 343.305 (10m) of the statutes is repealed and recreated to read:

SB66-SSA2,17,21 343.305 (10m) Refusals; ignition interlock of a motor vehicle. The requirements and procedures for installation of an ignition interlock device under s. 343.301 apply when an operating privilege is revoked under sub (10).

SB66-SSA2, s. 36 Section 36. 343.31 (4) of the statutes is created to read:

SB66-SSA2,18,2 343.31 (4) For any revocation the department orders under sub. (1) (a), if the offense is criminal under 940.09 and involved the use of a motor vehicle, or if the offense is criminal under s. 940.25, (am), (ar), or (b) or under sub. (3) the department shall extend the revocation period by the number of days to which a court sentences the person to imprisonment in a jail or prison.

SB66-SSA2, s. 37 Section 37. 343.38 (2) of the statutes is amended to read:

SB66-SSA2,18,9 343.38 (2) Reinstatement of nonresident's operating privilege after revocation by Wisconsin. A nonresident's operating privilege revoked under the laws of this state is reinstated as a matter of law when the period of revocation has expired and such nonresident obtains a valid operator's license issued by the jurisdiction of the nonresident's residence and pays the fees specified in s. 343.21 (1) (j), (jr), if applicable, and (n).

SB66-SSA2, s. 38 Section 38. 343.39 (1) (a) of the statutes is amended to read:

SB66-SSA2,18,16 343.39 (1) (a) When, in the case of a suspended operating privilege, the period of suspension has terminated, the fees specified in s. 343.21 (1) (j), (jr), if applicable, and (n) have been paid to the department and, for reinstatement of an operating privilege suspended under ch. 344, the person files with the department proof of financial responsibility, if required, in the amount, form and manner specified under ch. 344.

SB66-SSA2, s. 39 Section 39. 345.47 (1) (c) of the statutes, as affected by 2009 Wisconsin Act 17, is amended to read:

SB66-SSA2,19,6 345.47 (1) (c) If a court or judge suspends an operating privilege under this section, the court or judge shall immediately take possession of the suspended license and shall forward it to the department together with the notice of suspension, which shall clearly state that the suspension was for failure to pay a forfeiture, plus costs, fees, and surcharges imposed under ch. 814 or for failure to comply with an installment payment plan ordered by the court. The notice of suspension and the suspended license, if it is available, shall be forwarded to the department within 48 hours after the order of suspension. If the forfeiture, plus costs, fees, and surcharges imposed under ch. 814, are paid during a period of suspension, or if the court orders an installment payment plan under sub. (4), the court or judge shall immediately notify the department. Upon receipt of the notice and payment of the fees under s. 343.21 (1) (j), (jr), if applicable, and (n), the department shall return the surrendered license.

SB66-SSA2, s. 40 Section 40. 346.65 (2) (am) 3. of the statutes is amended to read:

SB66-SSA2,19,14 346.65 (2) (am) 3. Except as provided in pars. (cm), (f), and (g), shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 30 45 days nor more than one year in the county jail if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1), equals 3, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.