AB283: Bill Text Engrossed

6. Under current law, a person who commits an OWI-related offense has his or her operating privileges revoked for a specified period. The period of revocation lengthens with each subsequent OWI-related offense, and generally begins on the date on which the person commits the OWI-related offense.

Under this bill, the period of revocation begins on the date on which the person commits the OWI-related offense, but is tolled for any time period that the person spends in jail or in prison. The bill makes the person whose operating privileges are revoked responsible for notifying DOT that he or she has been released from jail or prison.

7. Under current law, after a person is convicted of most crimes, the trial court may withhold the person's sentence, or impose a sentence of imprisonment but stay the imposition of imprisonment, and place the person on probation for a period of time. If the crime carries a mandatory minimum period of incarceration of one year or less, the person must be incarcerated for at least the mandatory minimum period as a condition of his or her probation.

Under current law, a trial court may not place a person on probation if the person has committed a second or third OWI-related offense or three or fewer offenses related to operating a commercial vehicle or causing injury while operating a vehicle while intoxicated or with a prohibited alcohol concentration. A trial court may place a person who commits more than three of these offenses on probation under current law.

Under this bill, a trial court may place a person who commits any of those offenses on probation. Under the bill, 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.

8. Under current law, a person who is convicted of certain OWI-related offenses is required to pay a driver improvement surcharge of $355 in addition to any applicable forfeiture or fine, assessments, and costs. The driver improvement surcharge is distributed between the county where the offense took place and the state.

This bill creates a district attorney surcharge of $100 that a person who commits an OWI-related offense must pay in addition to the driver improvement surcharge and any other forfeiture or fine, assessment, and costs. The money generated from this surcharge will be used to pay for prosecution of OWI-related offenses.

9. Under current law, a trial court may, at its discretion, release a person who has been convicted of a crime from imprisonment until the time of sentencing. Current law also allows a sentencing court to delay the execution of a sentence of imprisonment for up to 60 days, unless the court finds that there is legal cause to delay the execution of the sentence for a longer period or unless the court places the person on probation.

Under this bill, if a person has been convicted of a third or subsequent OWI-related offense, and the conviction carries a minimum period of imprisonment, a court may not release the person after conviction but before sentencing until after the person has served at least the minimum period of imprisonment. Under the bill, a court may not delay the execution of a sentence of imprisonment unless the court finds that there is legal cause to delay the execution of the sentence or unless the court places the person on probation.

10. Under current law, revenue from the tax on fermented malt beverages and from the tax on liquor is deposited into the general fund. Under the bill, beginning July 1, 2011, $10,000,000 annually from the fermented malt beverages tax and $10,000,000 annually from the liquor tax will be used to fund alcohol and other drug abuse treatment in community-based corrections programs for people who commit OWI-related offenses.

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

AB283-engrossed, s. 1 Section 1. 20.395 (5) (hj) of the statutes is created to read:

AB283-engrossed,6,4 20.395 (5) (hj) Ignition interlock device administration and enforcement. All moneys received under s. 343.301 (5) for expenditures related to administering the ignition interlock device program under ss. 110.10 and 343.301.

AB283-engrossed, s. 2 Section 2. 20.410 (1) (hh) of the statutes is created to read:

AB283-engrossed,6,14 20.410 (1) (hh) Services for community corrections; fermented malt beverages tax receipts. All moneys received under s. 139.27 to provide, for persons who have been convicted of offenses related to intoxicated driving, alcohol and other drug abuse treatment services related to probation, extended supervision and parole, the intensive sanctions program under s. 301.048, the community residential confinement program under s. 301.046, programs of intensive supervision of adult offenders and minimum security correctional institutions established under s. 301.13. No payments may be made under this paragraph for payments in accordance with other states party to the interstate corrections compact under s. 302.25.

AB283-engrossed, s. 3 Section 3. 20.475 (1) (j) of the statutes is created to read:

AB283-engrossed,6,18 20.475 (1) (j) Prosecutions related to operating while intoxicated. All moneys received from the penalty surcharge on court fines and forfeitures under s. 346.657 to be used for prosecutions under s. 978.05 (1m).

AB283-engrossed, s. 4 Section 4. 25.40 (1) (a) 17. of the statutes is created to read:

AB283-engrossed,7,2 25.40 (1) (a) 17. Moneys collected under s. 343.301 (5) that are credited to the appropriation under s. 20.395 (5) (hj).

AB283-engrossed, s. 5 Section 5. 139.27 of the statutes is created to read:

AB283-engrossed,7,7 139.27 Revenue distribution. The first $10,000,000 collected in each fiscal year from the taxes imposed under s. 139.02 and the first $10,000,000 collected in each fiscal year from the taxes imposed under s. 139.03 shall be credited to the appropriation account under s. 20.410 (1) (hh).

AB283-engrossed, s. 6 Section 6. 165.755 (1) (b) of the statutes is amended to read:

AB283-engrossed,7,16 165.755 (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).

AB283-engrossed, s. 7 Section 7. 302.46 (1) (a) of the statutes is amended to read:

AB283-engrossed,8,5 302.46 (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.

AB283-engrossed, s. 8 Section 8. 340.01 (46m) (c) of the statutes is amended to read:

AB283-engrossed,8,9 340.01 (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.

AB283-engrossed, s. 9 Section 9. 342.12 (4) (c) 1. b. of the statutes is repealed.

AB283-engrossed, s. 10 Section 10. 342.12 (4) (c) 1. c. of the statutes is amended to read:

AB283-engrossed,8,14 342.12 (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.

AB283-engrossed, s. 11 Section 11. 342.13 (1) of the statutes is amended to read:

AB283-engrossed,8,25 342.13 (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".

AB283-engrossed, s. 12 Section 12. 343.10 (2) (a) (intro.) of the statutes is amended to read:

AB283-engrossed,9,3 343.10 (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:

AB283-engrossed, s. 13 Section 13. 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:

AB283-engrossed,9,8 343.10 (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:

AB283-engrossed, s. 14 Section 14. 343.10 (2) (f) of the statutes is created to read:

AB283-engrossed,9,15 343.10 (2) (f) If the court orders under s. 343.301 (1) 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 for which the person's name appears on the vehicle's certificate of title or registration.

AB283-engrossed, s. 15 Section 15. 343.10 (5) (a) 3. of the statutes is amended to read:

AB283-engrossed,9,25 343.10 (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. 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.

AB283-engrossed, s. 16 Section 16. 343.23 (2) (b) of the statutes, as affected by 2009 Wisconsin Act 28, section 2923, is amended to read:

AB283-engrossed,11,12 343.23 (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.

AB283-engrossed, s. 17 Section 17. 343.23 (2) (b) of the statutes, as affected by 2009 Wisconsin Act 28, section 2924, and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB283-engrossed,12,9 343.23 (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.

AB283-engrossed, s. 18 Section 18. 343.30 (1q) (b) 5. of the statutes is amended to read:

AB283-engrossed,12,16 343.30 (1q) (b) 5. The time period under this paragraph shall be measured from the dates of the refusals or violations which resulted in the suspensions, revocations or convictions, except that the time period shall be tolled whenever and for as long as the person is imprisoned. A person whose revocation period is tolled under this subdivision is responsible for notifying the department that he or she has been released from prison.

AB283-engrossed, s. 19 Section 19. 343.30 (1q) (c) 1. (intro.) of the statutes is amended to read:

AB283-engrossed,13,3 343.30 (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:

AB283-engrossed, s. 20 Section 20. 343.30 (1z) of the statutes is amended to read:

AB283-engrossed,13,10 343.30 (1z) If a court imposes a driver improvement surcharge under s. 346.655 and a district attorney surcharge under s. 346.657 and the person fails to pay the surcharge surcharges within 60 days after the date by which the court ordered the surcharge surcharges to be paid, the court may suspend the person's operating privilege until the person pays the surcharge both surcharges, except that the suspension period may not exceed 2 years.

AB283-engrossed, s. 21 Section 21. 343.301 (title) of the statutes is amended to read:

AB283-engrossed,13,13 343.301 (title) Installation of ignition interlock device or immobilization of a motor vehicle.

AB283-engrossed, s. 22 Section 22. 343.301 (1) (title) of the statutes is repealed.

AB283-engrossed, s. 23 Section 23. 343.301 (1) (a) of the statutes is repealed and recreated to read:

AB283-engrossed,13,21 343.301 (1) 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:

AB283-engrossed,13,22 (a) The person improperly refused to take a test under s. 343.305.

AB283-engrossed,13,24 (b) The person violated s. 346.63 (1) or (2), 940.09 (1), or 940.25 and either of the following applies:

AB283-engrossed,14,2 1. The person had an alcohol concentration of 0.15 or more at the time of the offense.

AB283-engrossed,14,6 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).

AB283-engrossed, s. 24 Section 24. 343.301 (1) (b) 1. and 2. of the statutes are consolidated, renumbered 343.301 (2m) and amended to read:

AB283-engrossed,14,18 343.301 (2m) The court may shall restrict the operating privilege restriction under par. (a) 1. sub. (1) 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. The court may order the installation of an ignition interlock device under sub. (1) immediately upon issuing an order under sub. (1).

AB283-engrossed, s. 25 Section 25. 343.301 (1) (c) of the statutes is renumbered 343.301 (3) (a) and amended to read:

AB283-engrossed,14,23 343.301 (3) (a) If Except as provided in par. (b), if the court enters an order under par. (a) sub. (1), the person shall be liable for the reasonable cost of equipping and maintaining any ignition interlock device installed on his or her motor vehicle.

AB283-engrossed, s. 26 Section 26. 343.301 (1) (d) of the statutes is renumbered 343.301 (4) and amended to read:

AB283-engrossed,15,8 343.301 (4) A person to whom an order under par. (a) sub. (1) 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.

AB283-engrossed, s. 27 Section 27. 343.301 (1m) of the statutes is created to read:

AB283-engrossed,15,12 343.301 (1m) If equipping each motor vehicle with an ignition interlock device under sub. (1) would cause an undue financial hardship, the court may order that one or more vehicles described sub. (1) not be equipped with an ignition interlock device.

AB283-engrossed, s. 28 Section 28. 343.301 (2) of the statutes is repealed.

AB283-engrossed, s. 29 Section 29. 343.301 (3) (b) of the statutes is created to read:

AB283-engrossed,15,21 343.301 (3) (b) If the court finds that the person who is subject to an order under sub. (1) 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.

AB283-engrossed, s. 30 Section 30. 343.301 (5) of the statutes is created to read:

AB283-engrossed,16,2 343.301 (5) If the court enters an order under sub. (1), the court shall impose and the person shall pay to the court an interlock surcharge of $50. The court shall transmit the surcharge to the department. The department shall pay $40 of each surcharge payment it receives to the sheriff of the county where the fee was collected.

AB283-engrossed, s. 31 Section 31. 343.305 (10) (b) 5. of the statutes is amended to read:

AB283-engrossed,16,9 343.305 (10) (b) 5. The time period under this paragraph shall be measured from the dates of the refusals or violations which resulted in revocations or convictions, except that the time period shall be tolled whenever and for as long as the person is imprisoned. A person whose revocation period is tolled under this subdivision is responsible for notifying the department that he or she has been released from prison.

AB283-engrossed, s. 32 Section 32. 343.305 (10m) of the statutes is repealed and recreated to read:

AB283-engrossed,16,13 343.305 (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).

AB283-engrossed, s. 33 Section 33. 343.31 (3) (bm) 5. of the statutes is amended to read:

AB283-engrossed,16,20 343.31 (3) (bm) 5. The time period under this paragraph shall be measured from the dates of the refusals or violations which resulted in the suspensions, revocations or convictions, except that the time period shall be tolled whenever and for as long as the person is imprisoned. A person whose revocation period is tolled under this subdivision is responsible for notifying the department that he or she has been released from prison.

AB283-engrossed, s. 34 Section 34. 346.65 (2) (am) 4. of the statutes is amended to read:

AB283-engrossed,17,3 346.65 (2) (am) 4. Except as provided in subd. 4m. and pars. (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.

AB283-engrossed, s. 35 Section 35. 346.65 (2) (am) 4m. of the statutes is created to read:

AB283-engrossed,17,12 346.65 (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 current conviction, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.

AB283-engrossed, s. 36 Section 36. 346.65 (2) (am) 6. of the statutes is amended to read:

AB283-engrossed,17,20 346.65 (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.

AB283-engrossed, s. 37 Section 37. 346.65 (2) (am) 7. of the statutes is amended to read:

AB283-engrossed,18,3 346.65 (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.

AB283-engrossed, s. 38 Section 38. 346.65 (2) (bm) of the statutes is amended to read:

AB283-engrossed,18,16 346.65 (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 sub. (2j) (bm) or (cm) or (3r) once in his or her lifetime.