AB156: Bill Text

LRB-1371/2

RPN:nwn:rs

2009 - 2010 LEGISLATURE

2009 Assembly BILL 156

March 19, 2009 - Introduced by Representatives Bies, Mursau, A. Ott and Zepnick. Referred to Committee on Public Safety.

AB156,1,10 An Act to repeal 346.65 (2g) (d); to renumber and amend 346.65 (2) (am) 1., 346.65 (2) (am) 2., 346.65 (2) (am) 3., 346.65 (2) (am) 4., 346.65 (2) (am) 5., 346.65 (2) (am) 6. and 346.65 (2) (am) 7.; to amend 48.685 (5) (bm) 4., 346.65 (2) (f), 346.65 (2c), 346.65 (2e), 346.65 (2g) (a), 346.65 (2g) (ag), 346.65 (7) and 973.09 (1) (d) 1.; and to create 302.372 (7), 343.38 (1) (d), 346.65 (2) (am) 1. b., 346.65 (2) (am) 1m., 346.65 (2) (am) 2. b., 346.65 (2) (am) 2m., 346.65 (2) (am) 3. b., 346.65 (2) (am) 3m., 346.65 (2) (am) 4. b., 346.65 (2) (am) 5. b., 346.65 (2) (am) 5m., 346.65 (2) (am) 6. b., 346.65 (2) (am) 6g., 346.65 (2) (am) 6m., 346.65 (2) (am) 7. b. and 346.65 (2) (h) of the statutes; relating to: reimbursement to counties by prisoners and increasing drunk driving penalties.

Analysis by the Legislative Reference Bureau

The bill changes the monetary and imprisonment penalties for operation of a motor vehicle while under the influence of an intoxicant or controlled substance offenses (OWI) as follows: - See PDF for table

To determine the number of previous OWI offenses under current law, the court counts the number of convictions during the person's lifetime of OWI-related offenses that resulted in injury or death plus the number of suspensions, revocations, and convictions for violations related to OWI, except that for second offenses, only the number of suspensions, revocations, and convictions related to OWI violations within any 10-year period are counted. Under the bill, the court counts the number of convictions during the person's lifetime of OWI-related offenses that resulted in injury or death plus the number of suspensions, revocations and other convictions of violations related to OWI within the 10 years immediately preceding the current violation.

Under current law, a county may seek reimbursement from a person who was confined to the county jail for the actual per-day cost of maintaining the person in the jail, for the cost of investigating the person's financial status, and for other county expenses related to collecting the reimbursement. Under this bill, if the county decides to seek reimbursement from a person who was confined in the county jail as the result of an OWI-related violation, the Department of Transportation (DOT) may not reinstate the violator's operating privilege until the county notifies DOT that the person has reimbursed the county or that the county is no longer seeking reimbursement from the person.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

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

AB156, s. 1 Section 1. 48.685 (5) (bm) 4. of the statutes is amended to read:

AB156,5,7 48.685 (5) (bm) 4. A violation of s. 940.19 (3), 1999 stats., or of s. 125.075 (1), 125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3), 125.68 (12), 940.09, 940.19 (2), (4), (5), or (6), 940.20, 940.203, 940.205, 940.207, or 940.25, a violation of s. 346.63 (1), (2), (5), or (6) that is a felony under s. 346.65 (2) (am) 4., 5., 5m., 6., 6g., 6m., or 7., or (f), (2j) (d), or (3m), or an offense under ch. 961 that is a felony, if committed not more than 5 years before the date of the investigation under sub. (2) (am).

AB156, s. 2 Section 2. 302.372 (7) of the statutes is created to read:

AB156,6,4 302.372 (7) Restriction on violator's operating privilege. If the county seeks reimbursement under this section or as otherwise provided in chs. 301 to 303 from a prisoner who was confined to the jail as the result of a violation under s. 346.63, 940.09 (1), or 940.25, the department of transportation may not reinstate the violator's operating privilege until the county notifies the department that the violator has reimbursed the amount owed to the county or that the county is no longer seeking reimbursement from the violator.

AB156, s. 3 Section 3. 343.38 (1) (d) of the statutes is created to read:

AB156,6,6 343.38 (1) (d) Has paid any amount specified in s. 302.372 (7).

AB156, s. 4 Section 4. 346.65 (2) (am) 1. of the statutes is renumbered 346.65 (2) (am) 1. a. and amended to read:

AB156,6,11 346.65 (2) (am) 1. a. Shall forfeit If the person had an alcohol concentration of less than 0.15, shall be fined not less than $150 nor more than $300 and imprisoned for 5 days, except as provided in subds. 2. to 5. 7. and par. (f).

AB156, s. 5 Section 5. 346.65 (2) (am) 1. b. of the statutes is created to read:

AB156,6,17 346.65 (2) (am) 1. b. The person is not eligible for home detention under s. 302.425, good time under s. 302.43, release from jail for employment under s. 303.08 (1) (b), transfer to a county work camp under s. 303.10, release to perform community service unless s. 973.07 applies, or diminution of the sentence under s. 303.19 (3), for the first 5 days of confinement.

AB156, s. 6 Section 6. 346.65 (2) (am) 1m. of the statutes is created to read:

AB156,6,21 346.65 (2) (am) 1m. a. If the person had an alcohol concentration of 0.15 or more, shall be fined not less than $150 nor more than $300 and imprisoned for 8 days, except as provided in subds. 2. to 7. and par. (f).

AB156,7,2 b. The person is not eligible for home detention under s. 302.425, good time under s. 302.43, release from jail for employment under s. 303.08 (1) (b), transfer to a county work camp under s. 303.10, release to perform community service unless s. 973.07 applies, or diminution of the sentence under s. 303.19 (3), for the first 8 days of confinement.

AB156, s. 7 Section 7. 346.65 (2) (am) 2. of the statutes is renumbered 346.65 (2) (am) 2. a. and amended to read:

AB156,7,12 346.65 (2) (am) 2. a. Except as provided in pars. (bm) and (f), shall be fined not less than $350 nor more than $1,100 and imprisoned for not less than 5 45 days nor more than 6 9 months if the person had an alcohol concentration of less than 0.15 and 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 the immediately preceding 10 years, equals 2, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.

AB156, s. 8 Section 8. 346.65 (2) (am) 2. b. of the statutes is created to read:

AB156,7,18 346.65 (2) (am) 2. b. The person sentenced under subd. 2. a. is not eligible for home detention under s. 302.425, good time under s. 302.43, release from jail for employment under s. 303.08 (1) (b), transfer to a county work camp under s. 303.10, release to perform community service unless s. 973.07 applies, or diminution of the sentence under s. 303.19 (3), for the first 45 days of confinement.

AB156, s. 9 Section 9. 346.65 (2) (am) 2m. of the statutes is created to read:

AB156,7,25 346.65 (2) (am) 2m. a. Except as provided in pars. (bm) and (f), shall be fined not less than $350 nor more than $1,100 and imprisoned for not less than 60 days nor more than 9 months if the person had an alcohol concentration of 0.15 or more and 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 the immediately preceding 10 years, equals 2.

AB156,8,5 b. The person sentenced under subd. 2m. a. is not eligible for home detention under s. 302.425, good time under s. 302.43, release from jail for employment under s. 303.08 (1) (b), transfer to a county work camp under s. 303.10, release to perform community service unless s. 973.07 applies, or diminution of the sentence under s. 303.19 (3), for the first 60 days of confinement.

AB156, s. 10 Section 10. 346.65 (2) (am) 3. of the statutes is renumbered 346.65 (2) (am) 3. a. and amended to read:

AB156,8,15 346.65 (2) (am) 3. a. 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 days 6 months nor more than one year in the county jail if the person had an alcohol concentration of less than 0.15 and 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 the immediately preceding 10 years, equals 3, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.

AB156, s. 11 Section 11. 346.65 (2) (am) 3. b. of the statutes is created to read:

AB156,8,21 346.65 (2) (am) 3. b. The person sentenced under subd. 3. a. is not eligible for home detention under s. 302.425, good time under s. 302.43, release from jail for employment under s. 303.08 (1) (b), transfer to a county work camp under s. 303.10, release to perform community service unless s. 973.07 applies, or diminution of the sentence under s. 303.19 (3), for the first 6 months of confinement.

AB156, s. 12 Section 12. 346.65 (2) (am) 3m. of the statutes is created to read:

AB156,9,4 346.65 (2) (am) 3m. a. 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 9 months nor more than 18 months if the person had an alcohol concentration of 0.15 or more and 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 the immediately preceding 10 years, equals 3.

AB156,9,9 b. The person sentenced under subd. 3m. a. is not eligible for home detention under s. 302.425, good time under s. 302.43, release from jail for employment under s. 303.08 (1) (b), transfer to a county work camp under s. 303.10, release to perform community service unless s. 973.07 applies, or diminution of the sentence under s. 303.19 (3), for the first 9 months of confinement.

AB156, s. 13 Section 13. 346.65 (2) (am) 4. of the statutes is renumbered 346.65 (2) (am) 4. a. and amended to read:

AB156,9,18 346.65 (2) (am) 4. a. Except as provided in pars. (f) and (g), shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 60 days 21 months nor more than one year in the county jail 3 years 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 the immediately preceding 10 years, equals 4, except that suspensions, revocations or convictions arising out of the same incident or occurrence shall be counted as one.

AB156, s. 14 Section 14. 346.65 (2) (am) 4. b. of the statutes is created to read:

AB156,9,24 346.65 (2) (am) 4. b. The person sentenced under subd. 4. a. is not eligible for home detention under s. 302.425, good time under s. 302.43, release from jail for employment under s. 303.08 (1) (b), transfer to a county work camp under s. 303.10, release to perform community service unless s. 973.07 applies, or diminution of the sentence under s. 303.19 (3), for the first 21 months of confinement.

AB156, s. 15 Section 15. 346.65 (2) (am) 5. of the statutes is renumbered 346.65 (2) (am) 5. a. and amended to read:

AB156,10,9 346.65 (2) (am) 5. a. Except as provided in pars. (f) and (g), is guilty of a Class H felony and shall be fined not less than $600 $2,000 and imprisoned for not less than 6 months 2 years 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 the immediately preceding 10 years, equals 5 or 6, except that suspensions, revocations or convictions arising out of the same incident or occurrence shall be counted as one.

AB156, s. 16 Section 16. 346.65 (2) (am) 5. b. of the statutes is created to read:

AB156,10,15 346.65 (2) (am) 5. b. The person sentenced under subd. 5. a. is not eligible for home detention under s. 302.425, good time under s. 302.43, release from jail for employment under s. 303.08 (1) (b), transfer to a county work camp under s. 303.10, release to perform community service unless s. 973.07 applies, or diminution of the sentence under s. 303.19 (3), for the first 2 years of confinement.

AB156, s. 17 Section 17. 346.65 (2) (am) 5m. of the statutes is created to read:

AB156,10,21 346.65 (2) (am) 5m. a. Except as provided in par. (f), is guilty of a Class H felony and shall be fined not less than $2,500 and imprisoned for not less than 3 years 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 the immediately preceding 10 years, equals 6.

AB156,11,2 b. The person sentenced under subd. 5m a. is not eligible for home detention under s. 302.425, good time under s. 302.43, release from jail for employment under s. 303.08 (1) (b), transfer to a county work camp under s. 303.10, release to perform community service unless s. 973.07 applies, or diminution of the sentence under s. 303.19 (3), for the first 3 years of confinement.

AB156, s. 18 Section 18. 346.65 (2) (am) 6. of the statutes is renumbered 346.65 (2) (am) 6. a. and amended to read:

AB156,11,11 346.65 (2) (am) 6. a. Except as provided in par. (f), is guilty of a Class G felony and shall be imprisoned for not less than 4 years 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 the immediately preceding 10 years, equals 7, 8, or 9, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.

AB156, s. 19 Section 19. 346.65 (2) (am) 6. b. of the statutes is created to read:

AB156,11,17 346.65 (2) (am) 6. b. The person sentenced under subd. 6. a. is not eligible for home detention under s. 302.425, good time under s. 302.43, release from jail for employment under s. 303.08 (1) (b), transfer to a county work camp under s. 303.10, release to perform community service unless s. 973.07 applies, or diminution of the sentence under s. 303.19 (3), for the first 4 years of confinement.

AB156, s. 20 Section 20. 346.65 (2) (am) 6g. of the statutes is created to read:

AB156,11,23 346.65 (2) (am) 6g. a. Except as provided in par. (f), is guilty of a Class G felony and shall be imprisoned for not less than 5 years 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 the immediately preceding 10 years, equals 8.

AB156,12,3 b. The person sentenced under subd. 6g a. is not eligible for home detention under s. 302.425, good time under s. 302.43, release from jail for employment under s. 303.08 (1) (b), transfer to a county work camp under s. 303.10, release to perform community service unless s. 973.07 applies, or diminution of the sentence under s. 303.19 (3), for the first 5 years of confinement.

AB156, s. 21 Section 21. 346.65 (2) (am) 6m. of the statutes is created to read:

AB156,12,9 346.65 (2) (am) 6m. Except as provided in par. (f), is guilty of a Class G felony and shall be imprisoned for not less than 6 years 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 the immediately preceding 10 years, equals 9.

AB156,12,14 b. The person sentenced under subd. 6m. a. is not eligible for home detention under s. 302.425, good time under s. 302.43, release from jail for employment under s. 303.08 (1) (b), transfer to a county work camp under s. 303.10, release to perform community service unless s. 973.07 applies, or diminution of the sentence under s. 303.19 (3), for the first 6 years of confinement.

AB156, s. 22 Section 22. 346.65 (2) (am) 7. of the statutes is renumbered 346.65 (2) (am) 7. a. and amended to read:

AB156,12,23 346.65 (2) (am) 7. a. Except as provided in par. (f), is guilty of a Class F felony and shall be imprisoned for not less than 7 years 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 the immediately preceding 10 years, equals 10 or more except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.

AB156, s. 23 Section 23. 346.65 (2) (am) 7. b. of the statutes is created to read:

AB156,13,5 346.65 (2) (am) 7. b. The person sentenced under subd. 7. a. is not eligible for home detention under s. 302.425, good time under s. 302.43, release from jail for employment under s. 303.08 (1) (b), transfer to a county work camp under s. 303.10, release to perform community service unless s. 973.07 applies, or diminution of the sentence under s. 303.19 (3), for the first 7 years of confinement.

AB156, s. 24 Section 24. 346.65 (2) (f) of the statutes is amended to read:

AB156,13,13 346.65 (2) (f) 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 imprisonment under par. (am) for the conviction are doubled. An offense under s. 346.63 (1) that subjects a person to a penalty under par. (am) 3., 4., 5., 6., or 7. or 3m. 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.

AB156, s. 25 Section 25. 346.65 (2) (h) of the statutes is created to read:

AB156,13,16 346.65 (2) (h) In this subsection, suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.

AB156, s. 26 Section 26. 346.65 (2c) of the statutes is amended to read:

AB156,13,23 346.65 (2c) In sub. (2) (am) 2., 3., 4., 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., 5., 6., and 7.

AB156, s. 27 Section 27. 346.65 (2e) of the statutes is amended to read:

AB156,14,6 346.65 (2e) If the court determines that a person does not have the ability to pay the costs and fine or forfeiture imposed under sub. (2) (am), (f), or (g), the court may reduce the costs, and fine, and forfeiture imposed and order the person to pay, toward the cost of the assessment and driver safety plan imposed under s. 343.30 (1q) (c), the difference between the amount of the reduced costs and fine or forfeiture and the amount of costs and fine or forfeiture imposed under sub. (2) (am), (f), or (g).

AB156, s. 28 Section 28. 346.65 (2g) (a) of the statutes is amended to read:

AB156,14,16 346.65 (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., 2m., 3., 3m., 4., and 5., and 5m., (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 the court 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).

AB156, s. 29 Section 29. 346.65 (2g) (ag) of the statutes is amended to read:

AB156,14,25 346.65 (2g) (ag) If the court determines that a person does not have the ability to pay a fine imposed under sub. (2) (am) 2., 2m., 3., 3m., 4., or 5., or 5m., (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.

AB156, s. 30 Section 30. 346.65 (2g) (d) of the statutes is repealed.