Amendment SSA2-SB66

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 (this act), is repealed and recreated to read: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.

SB66-SSA2, s. 41 Section 41. 346.65 (2) (am) 4. of the statutes is amended to read:

SB66-SSA2,19,22 346.65 (2) (am) 4. Except as provided in subd. 4m. and pars. (dm), (f), and (g), shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 60 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 4, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.

SB66-SSA2, s. 42 Section 42. 346.65 (2) (am) 4m. of the statutes is created to read:

SB66-SSA2,20,7 346.65 (2) (am) 4m. Except as provided in pars. (f) and (g), is guilty of a Class H felony and shall be fined not less than $600 and imprisoned for not less than 6 months 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 4 and the person committed an offense that resulted in a suspension, revocation, or other conviction counted under s. 343.307 (1) within 5 years prior to the day of current offense, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.

SB66-SSA2, s. 43 Section 43. 346.65 (2) (am) 6. of the statutes is amended to read:

SB66-SSA2,20,15 346.65 (2) (am) 6. Except as provided in par. (f), is guilty of a Class G felony 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 7, 8, or 9, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one. The confinement portion of a bifurcated sentence imposed on the person under s. 973.01 shall be not less than 3 years.

SB66-SSA2, s. 44 Section 44. 346.65 (2) (am) 7. of the statutes is amended to read:

SB66-SSA2,20,23 346.65 (2) (am) 7. Except as provided in par. (f), is guilty of a Class F felony 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 10 or more except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one. The confinement portion of a bifurcated sentence imposed on the person under s. 973.01 shall be not less than 4 years.

SB66-SSA2, s. 45 Section 45. 346.65 (2) (bm) of the statutes is amended to read:

SB66-SSA2,21,13 346.65 (2) (bm) In Winnebago County, any county that opts to offer a reduced minimum period of imprisonment for the successful completion of a probation period that includes alcohol and other drug treatment, 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) within a 10-year period, equals 2, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the fine shall be the same as under par. (am) 2., but the period of imprisonment shall be not less than 5 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 5 nor more than 7 days. A person may be sentenced under this paragraph or under par. (cm) or (dm) or sub. (2j) (bm) or, (cm), or (cr) or (3r) once in his or her lifetime.

SB66-SSA2, s. 46 Section 46. 346.65 (2) (cm) of the statutes is amended to read:

SB66-SSA2,22,2 346.65 (2) (cm) In Winnebago County any county that opts to offer a reduced minimum period of imprisonment for the successful completion of a probation period that includes alcohol and other drug treatment, 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) within a 10-year period, equals 3, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the fine shall be the same as under par. (am) 3., but the period of imprisonment shall be not less than 30 45 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 10 14 days. A person may be sentenced under this paragraph or under par. (bm) or (dm) or sub. (2j) (bm) or , (cm), or (cr) or (3r) once in his or her lifetime.

SB66-SSA2, s. 47 Section 47. 346.65 (2) (dm) of the statutes is created to read:

SB66-SSA2,22,15 346.65 (2) (dm) In any county that opts to offer a reduced minimum period of imprisonment for the successful completion of a probation period that includes alcohol and other drug treatment, 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 4, and par. (am) 4m. does not apply, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the fine shall be the same as under par. (am) 4., but the period of imprisonment shall be not less than 60 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 29 days. A person may be sentenced under this paragraph or under par. (bm) or (cm) or sub. (2j) (bm), (cm), or (cr) or (3r) once in his or her lifetime.

SB66-SSA2, s. 48 Section 48. 346.65 (2) (f) of the statutes is renumbered 346.65 (2) (f) 2. and amended to read:

SB66-SSA2,22,24 346.65 (2) (f) 2. If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under s. 346.63 (1), the applicable minimum and maximum forfeitures, fines, or and imprisonment under par. (am) 2. to 7. for the conviction are doubled. An offense under s. 346.63 (1) that subjects a person to a penalty under par. (am) 3., 4., 4m., 5., 6., or 7. when there is a minor passenger under 16 years of age in the motor vehicle is a felony and the place of imprisonment shall be determined under s. 973.02.

SB66-SSA2, s. 49 Section 49. 346.65 (2) (f) 1. of the statutes is created to read:

SB66-SSA2,23,5 346.65 (2) (f) 1. If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under s. 346.63 (1), the person shall be fined not less than $350 nor more than $1,100 and imprisoned for not less than 5 days nor more than 6 months, except as provided in subd. 2.

SB66-SSA2, s. 50 Section 50. 346.65 (2c) of the statutes is amended to read:

SB66-SSA2,23,13 346.65 (2c) In sub. (2) (am) 2., 3., 4., 4m., 5., 6., and 7., the time period shall be measured from the dates of the refusals or violations that resulted in the revocation or convictions. If a person has a suspension, revocation, or conviction for any offense under a local ordinance or a state statute of another state that would be counted under s. 343.307 (1), that suspension, revocation, or conviction shall count as a prior suspension, revocation, or conviction under sub. (2) (am) 2., 3., 4., 4m., 5., 6., and 7.

SB66-SSA2, s. 51 Section 51. 346.65 (2g) (a) of the statutes is amended to read:

SB66-SSA2,23,23 346.65 (2g) (a) In addition to the authority of the court under s. 973.05 (3) (a) to provide that a defendant perform community service work for a public agency or a nonprofit charitable organization in lieu of part or all of a fine imposed under sub. (2) (am) 2., 3., 4., 4m., and 5., (f), and (g) and except as provided in par. (ag), the court may provide that a defendant perform community service work for a public agency or a nonprofit charitable organization in lieu of part or all of a forfeiture under sub. (2) (am) 1. or may require a person who is subject to sub. (2) to perform community service work for a public agency or a nonprofit charitable organization in addition to the penalties specified under sub. (2).

SB66-SSA2, s. 52 Section 52. 346.65 (2g) (ag) of the statutes is amended to read:

SB66-SSA2,24,8 346.65 (2g) (ag) If the court determines that a person does not have the ability to pay a fine imposed under sub. (2) (am) 2., 3., 4., 4m., 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.

SB66-SSA2, s. 53 Section 53. 346.65 (2j) (am) 3. of the statutes is amended to read:

SB66-SSA2,24,14 346.65 (2j) (am) 3. Except as provided in pars. (cm) , (cr), and (d), 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 other convictions, suspensions, and revocations, counted under s. 343.307 (2), equals 3 or more.

SB66-SSA2, s. 54 Section 54. 346.65 (2j) (bm) of the statutes is amended to read:

SB66-SSA2,25,3 346.65 (2j) (bm) In Winnebago County any county that opts to offer a reduced minimum period of imprisonment for the successful completion of a probation period that includes alcohol and other drug treatment, 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) within a 10-year period, equals 2, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the fine shall be the same as under par. (am) 2., but the period of imprisonment shall be not less than 5 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 5 nor more than 7 days. A person may be sentenced under this paragraph or under par. (cm) or (cr) or sub. (2) (bm) or, (cm), or (dm) or (3r) once in his or her lifetime.

SB66-SSA2, s. 55 Section 55. 346.65 (2j) (cm) of the statutes is amended to read:

SB66-SSA2,25,17 346.65 (2j) (cm) In Winnebago County any county that opts to offer a reduced minimum period of imprisonment for the successful completion of a probation period that includes alcohol and other drug treatment, 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) within a 10-year period, equals 3 or more, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the fine shall be the same as under par. (am) 3., but the period of imprisonment shall be not less than 30 45 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 10 14 days. A person may be sentenced under this paragraph or under par. (bm) or (cr) or sub. (2) (bm) or, (cm), or (dm) or (3r) once in his or her lifetime.

SB66-SSA2, s. 56 Section 56. 346.65 (2j) (cr) of the statutes is created to read:

SB66-SSA2,26,5 346.65 (2j) (cr) In any county that opts to offer a reduced minimum period of imprisonment for the successful completion of a probation period that includes alcohol and other drug treatment, 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 4, and sub. (2) (am) 4m. does not apply, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the fine shall be the same as under par. (am) 3., but the period of imprisonment shall be not less than 60 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 29 days. A person may be sentenced under this paragraph or under par. (bm) or (cm) or sub. (2) (bm), (cm), or (dm) or (3r) once in his or her lifetime.

SB66-SSA2, s. 57 Section 57. 346.65 (2q) of the statutes is amended to read:

SB66-SSA2,26,10 346.65 (2q) Any person violating s. 346.63 (2m) shall forfeit $200. If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under 346.63 (2m), the forfeiture is person shall be fined $400.

SB66-SSA2, s. 58 Section 58. 346.65 (3m) of the statutes is amended to read:

SB66-SSA2,26,19 346.65 (3m) Except as provided in sub. (3p) or (3r), any person violating s. 346.63 (2) or (6) shall be fined not less than $300 nor more than $2,000 and may be imprisoned for not less than 30 days nor more than one year in the county jail. If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under s. 346.63 (2) or (6), the offense is a felony, the applicable minimum and maximum fines or periods of imprisonment for the conviction are doubled and the place of imprisonment shall be determined under s. 973.02.

SB66-SSA2, s. 59 Section 59. 346.65 (3p) of the statutes is created to read: