LRB-1371/2
RPN:nwn:rs
2009 - 2010 LEGISLATURE
March 19, 2009 - Introduced by Representatives Bies, Mursau, A. Ott and Zepnick.
Referred to Committee on Public Safety.
AB156,1,10
1An Act to repeal 346.65 (2g) (d);
to renumber and amend 346.65 (2) (am) 1.,
2346.65 (2) (am) 2., 346.65 (2) (am) 3., 346.65 (2) (am) 4., 346.65 (2) (am) 5., 346.65
3(2) (am) 6. and 346.65 (2) (am) 7.;
to amend 48.685 (5) (bm) 4., 346.65 (2) (f),
4346.65 (2c), 346.65 (2e), 346.65 (2g) (a), 346.65 (2g) (ag), 346.65 (7) and 973.09
5(1) (d) 1.; and
to create 302.372 (7), 343.38 (1) (d), 346.65 (2) (am) 1. b., 346.65
6(2) (am) 1m., 346.65 (2) (am) 2. b., 346.65 (2) (am) 2m., 346.65 (2) (am) 3. b.,
7346.65 (2) (am) 3m., 346.65 (2) (am) 4. b., 346.65 (2) (am) 5. b., 346.65 (2) (am)
85m., 346.65 (2) (am) 6. b., 346.65 (2) (am) 6g., 346.65 (2) (am) 6m., 346.65 (2)
9(am) 7. b. and 346.65 (2) (h) of the statutes;
relating to: reimbursement to
10counties 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 ![PDF](https://docs.legis.wisconsin.gov/assets/image/file_acrobat.gif)
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
1Section
1. 48.685 (5) (bm) 4. of the statutes is amended to read:
AB156,5,72
48.685
(5) (bm) 4. A violation of s. 940.19 (3), 1999 stats., or of s. 125.075 (1),
3125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3), 125.68 (12), 940.09, 940.19 (2), (4), (5),
4or (6), 940.20, 940.203, 940.205, 940.207, or 940.25, a violation of s. 346.63 (1), (2),
5(5), or (6) that is a felony under s. 346.65 (2) (am)
4., 5.,
5m., 6.,
6g., 6m., or 7., or (f),
6(2j) (d), or (3m), or an offense under ch. 961 that is a felony, if committed not more
7than 5 years before the date of the investigation under sub. (2) (am).
AB156, s. 2
8Section
2. 302.372 (7) of the statutes is created to read:
AB156,6,49
302.372
(7) Restriction on violator's operating privilege. If the county seeks
10reimbursement under this section or as otherwise provided in chs. 301 to 303 from
11a prisoner who was confined to the jail as the result of a violation under s. 346.63,
1940.09 (1), or 940.25, the department of transportation may not reinstate the
2violator's operating privilege until the county notifies the department that the
3violator has reimbursed the amount owed to the county or that the county is no longer
4seeking reimbursement from the violator.
AB156, s. 3
5Section
3. 343.38 (1) (d) of the statutes is created to read:
AB156,6,66
343.38
(1) (d) Has paid any amount specified in s. 302.372 (7).
AB156, s. 4
7Section
4. 346.65 (2) (am) 1. of the statutes is renumbered 346.65 (2) (am) 1.
8a. and amended to read:
AB156,6,119
346.65
(2) (am) 1. a.
Shall forfeit
If the person had an alcohol concentration of
10less than 0.15, shall be fined not less than $150 nor more than $300
and imprisoned
11for 5 days, except as provided in subds. 2. to
5.
7. and par. (f).
AB156, s. 5
12Section
5. 346.65 (2) (am) 1. b. of the statutes is created to read:
AB156,6,1713
346.65
(2) (am) 1. b. The person is not eligible for home detention under s.
14302.425, good time under s. 302.43, release from jail for employment under s. 303.08
15(1) (b), transfer to a county work camp under s. 303.10, release to perform community
16service unless s. 973.07 applies, or diminution of the sentence under s. 303.19 (3), for
17the first 5 days of confinement.
AB156, s. 6
18Section
6. 346.65 (2) (am) 1m. of the statutes is created to read:
AB156,6,2119
346.65
(2) (am) 1m. a. If the person had an alcohol concentration of 0.15 or
20more, shall be fined not less than $150 nor more than $300 and imprisoned for 8 days,
21except as provided in subds. 2. to 7. and par. (f).
AB156,7,222
b. The person is not eligible for home detention under s. 302.425, good time
23under s. 302.43, release from jail for employment under s. 303.08 (1) (b), transfer to
24a county work camp under s. 303.10, release to perform community service unless
1s. 973.07 applies, or diminution of the sentence under s. 303.19 (3), for the first 8 days
2of confinement.
AB156, s. 7
3Section
7. 346.65 (2) (am) 2. of the statutes is renumbered 346.65 (2) (am) 2.
4a. and amended to read:
AB156,7,125
346.65
(2) (am) 2. a. Except as provided in pars. (bm) and (f), shall be fined not
6less than $350 nor more than $1,100 and imprisoned for not less than
5 45 days nor
7more than
6 9 months if the
person had an alcohol concentration of less than 0.15 and
8if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime,
9plus the total number of suspensions, revocations, and other convictions counted
10under s. 343.307 (1) within
a 10-year period the immediately preceding 10 years,
11equals 2
, except that suspensions, revocations, or convictions arising out of the same
12incident or occurrence shall be counted as one.
AB156, s. 8
13Section
8. 346.65 (2) (am) 2. b. of the statutes is created to read:
AB156,7,1814
346.65
(2) (am) 2. b. The person sentenced under subd. 2. a. is not eligible for
15home detention under s. 302.425, good time under s. 302.43, release from jail for
16employment under s. 303.08 (1) (b), transfer to a county work camp under s. 303.10,
17release to perform community service unless s. 973.07 applies, or diminution of the
18sentence under s. 303.19 (3), for the first 45 days of confinement.
AB156, s. 9
19Section
9. 346.65 (2) (am) 2m. of the statutes is created to read:
AB156,7,2520
346.65
(2) (am) 2m. a. Except as provided in pars. (bm) and (f), shall be fined
21not less than $350 nor more than $1,100 and imprisoned for not less than 60 days
22nor more than 9 months if the person had an alcohol concentration of 0.15 or more
23and if the number of convictions under ss. 940.09 (1) and 940.25 in the person's
24lifetime, plus the total number of suspensions, revocations, and other convictions
25counted under s. 343.307 (1) within the immediately preceding 10 years, equals 2.
AB156,8,5
1b. The person sentenced under subd. 2m. a. is not eligible for home detention
2under s. 302.425, good time under s. 302.43, release from jail for employment under
3s. 303.08 (1) (b), transfer to a county work camp under s. 303.10, release to perform
4community service unless s. 973.07 applies, or diminution of the sentence under s.
5303.19 (3), for the first 60 days of confinement.
AB156, s. 10
6Section
10. 346.65 (2) (am) 3. of the statutes is renumbered 346.65 (2) (am)
73. a. and amended to read:
AB156,8,158
346.65
(2) (am) 3. a. Except as provided in pars. (cm), (f), and (g), shall be fined
9not less than $600 nor more than $2,000 and imprisoned for not less than
30 days 106 months nor more than one year in the county jail if the
person had an alcohol
11concentration of less than 0.15 and if the number of convictions under ss. 940.09 (1)
12and 940.25 in the person's lifetime, plus the total number of suspensions,
13revocations, and other convictions counted under s. 343.307 (1)
within the
14immediately preceding 10 years, equals 3
, except that suspensions, revocations, or
15convictions arising out of the same incident or occurrence shall be counted as one.
AB156, s. 11
16Section
11. 346.65 (2) (am) 3. b. of the statutes is created to read:
AB156,8,2117
346.65
(2) (am) 3. b. The person sentenced under subd. 3. a. is not eligible for
18home detention under s. 302.425, good time under s. 302.43, release from jail for
19employment under s. 303.08 (1) (b), transfer to a county work camp under s. 303.10,
20release to perform community service unless s. 973.07 applies, or diminution of the
21sentence under s. 303.19 (3), for the first 6 months of confinement.
AB156, s. 12
22Section
12. 346.65 (2) (am) 3m. of the statutes is created to read:
AB156,9,423
346.65
(2) (am) 3m. a. Except as provided in pars. (cm), (f), and (g), shall be
24fined not less than $600 nor more than $2,000 and imprisoned for not less than 9
25months nor more than 18 months if the person had an alcohol concentration of 0.15
1or more and if the number of convictions under ss. 940.09 (1) and 940.25 in the
2person's lifetime, plus the total number of suspensions, revocations, and other
3convictions counted under s. 343.307 (1) within the immediately preceding 10 years,
4equals 3.
AB156,9,95
b. The person sentenced under subd. 3m. a. is not eligible for home detention
6under s. 302.425, good time under s. 302.43, release from jail for employment under
7s. 303.08 (1) (b), transfer to a county work camp under s. 303.10, release to perform
8community service unless s. 973.07 applies, or diminution of the sentence under s.
9303.19 (3), for the first 9 months of confinement.
AB156, s. 13
10Section
13. 346.65 (2) (am) 4. of the statutes is renumbered 346.65 (2) (am)
114. a. and amended to read:
AB156,9,1812
346.65
(2) (am) 4. a. Except as provided in pars. (f) and (g), shall be fined not
13less than $600 nor more than $2,000 and imprisoned for not less than
60 days 21
14months nor more than
one year in the county jail
3 years if the number of convictions
15under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of
16suspensions, revocations and other convictions counted under s. 343.307 (1)
within
17the immediately preceding 10 years, equals 4
, except that suspensions, revocations
18or convictions arising out of the same incident or occurrence shall be counted as one.
AB156, s. 14
19Section
14. 346.65 (2) (am) 4. b. of the statutes is created to read:
AB156,9,2420
346.65
(2) (am) 4. b. The person sentenced under subd. 4. a. is not eligible for
21home detention under s. 302.425, good time under s. 302.43, release from jail for
22employment under s. 303.08 (1) (b), transfer to a county work camp under s. 303.10,
23release to perform community service unless s. 973.07 applies, or diminution of the
24sentence under s. 303.19 (3), for the first 21 months of confinement.
AB156, s. 15
1Section
15. 346.65 (2) (am) 5. of the statutes is renumbered 346.65 (2) (am)
25. a. and amended to read:
AB156,10,93
346.65
(2) (am) 5. a. Except as provided in pars. (f) and (g), is guilty of a Class
4H felony and shall be fined not less than
$600 $2,000 and imprisoned for not less than
56 months 2 years if the number of convictions under ss. 940.09 (1) and 940.25 in the
6person's lifetime, plus the total number of suspensions, revocations and other
7convictions counted under s. 343.307 (1)
within the immediately preceding 10 years,
8equals 5
or 6, except that suspensions, revocations or convictions arising out of the
9same incident or occurrence shall be counted as one.
AB156, s. 16
10Section
16. 346.65 (2) (am) 5. b. of the statutes is created to read:
AB156,10,1511
346.65
(2) (am) 5. b. The person sentenced under subd. 5. a. is not eligible for
12home detention under s. 302.425, good time under s. 302.43, release from jail for
13employment under s. 303.08 (1) (b), transfer to a county work camp under s. 303.10,
14release to perform community service unless s. 973.07 applies, or diminution of the
15sentence under s. 303.19 (3), for the first 2 years of confinement.
AB156, s. 17
16Section
17. 346.65 (2) (am) 5m. of the statutes is created to read:
AB156,10,2117
346.65
(2) (am) 5m. a. Except as provided in par. (f), is guilty of a Class H felony
18and shall be fined not less than $2,500 and imprisoned for not less than 3 years if the
19number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus
20the total number of suspensions, revocations, and other convictions counted under
21s. 343.307 (1) within the immediately preceding 10 years, equals 6.
AB156,11,222
b. The person sentenced under subd. 5m a. is not eligible for home detention
23under s. 302.425, good time under s. 302.43, release from jail for employment under
24s. 303.08 (1) (b), transfer to a county work camp under s. 303.10, release to perform
1community service unless s. 973.07 applies, or diminution of the sentence under s.
2303.19 (3), for the first 3 years of confinement.
AB156, s. 18
3Section
18. 346.65 (2) (am) 6. of the statutes is renumbered 346.65 (2) (am)
46. a. and amended to read: