AB283: Bill Text Engrossed

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 (this act), is repealed and recreated to read: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

AB283-engrossed, s. 39 Section 39. 346.65 (2) (cm) of the statutes is amended to read:

AB283-engrossed,19,4 346.65 (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 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 days. A person may be sentenced under this paragraph or under par. (bm) or sub. (2j) (bm) or (cm) or (3r) once in his or her lifetime.

AB283-engrossed, s. 40 Section 40. 346.65 (2) (f) of the statutes is renumbered 346.65 (2) (f) 2. and amended to read:

AB283-engrossed,19,13 346.65 (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.

AB283-engrossed, s. 41 Section 41. 346.65 (2) (f) 1. of the statutes is created to read:

AB283-engrossed,19,19 346.65 (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.

AB283-engrossed, s. 42 Section 42. 346.65 (2c) of the statutes is amended to read:

AB283-engrossed,20,2 346.65 (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.

AB283-engrossed, s. 43 Section 43. 346.65 (2g) (a) of the statutes is amended to read:

AB283-engrossed,20,12 346.65 (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).

AB283-engrossed, s. 44 Section 44. 346.65 (2g) (ag) of the statutes is amended to read:

AB283-engrossed,20,21 346.65 (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.

AB283-engrossed, s. 45 Section 45. 346.65 (2j) (bm) of the statutes is amended to read:

AB283-engrossed,21,9 346.65 (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 sub. (2) (bm) or (cm) or (3r) once in his or her lifetime.

AB283-engrossed, s. 46 Section 46. 346.65 (2j) (cm) of the statutes is amended to read:

AB283-engrossed,21,22 346.65 (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 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 days. A person may be sentenced under this paragraph or under par. (bm) or sub. (2) (bm) or (cm) or (3r) once in his or her lifetime.

AB283-engrossed, s. 47 Section 47. 346.65 (2q) of the statutes is amended to read:

AB283-engrossed,22,2 346.65 (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.

AB283-engrossed, s. 48 Section 48. 346.65 (3m) of the statutes is amended to read:

AB283-engrossed,22,11 346.65 (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.

AB283-engrossed, s. 49 Section 49. 346.65 (3p) of the statutes is created to read:

AB283-engrossed,22,18 346.65 (3p) Any person violating s. 346.63 (2) or (6) is guilty of a Class H felony if the person has one or more prior convictions, suspensions, or revocations, as counted under s. 343.307 (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 (2) or (6), the offense is a felony and the applicable maximum fines or periods of imprisonment for the conviction are doubled.

AB283-engrossed, s. 50 Section 50. 346.65 (3r) of the statutes is amended to read:

AB283-engrossed,23,8 346.65 (3r) 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, any person violating s. 346.63 (2) or (6) shall be fined the same as under sub. (3m), but the period of imprisonment shall be not less than 30 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 15 days. 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. A person may be sentenced under this subsection or under sub. (2) (bm) or (cm) or (2j) (bm) or (cm) once in his or her lifetime. This subsection does not apply to a person sentenced under sub. (3p).

AB283-engrossed, s. 51 Section 51. 346.65 (6) of the statutes is repealed.

AB283-engrossed, s. 52 Section 52. 346.65 (7) of the statutes is amended to read:

AB283-engrossed,23,13 346.65 (7) A person convicted under sub. (2) (am) 2., 3., 4., 4m., 5., 6., or 7. or (2j) (am) 2. or 3. shall be required to remain in the county jail for not less than a 48-consecutive-hour period.

AB283-engrossed, s. 53 Section 53. 346.65 (8) of the statutes is repealed.

AB283-engrossed, s. 54 Section 54. 346.655 (1) of the statutes is amended to read:

AB283-engrossed,23,23 346.655 (1) If a court imposes a fine or a forfeiture for a violation of s. 346.63 (1) or (5), 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, or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, it shall impose a driver improvement surcharge under ch. 814 in an amount of $365 in addition to the fine or forfeiture, plus costs, fees, and other surcharges imposed under ch. 814.

AB283-engrossed, s. 55 Section 55. 346.657 of the statutes is created to read:

AB283-engrossed,24,6 346.657 District attorney surcharge. (1) If a court imposes a fine or a forfeiture for a violation of s. 346.63 (1) or (5), or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, it shall impose a district attorney surcharge under ch. 814 in an amount of $100 in addition to the fine or forfeiture, plus costs, fees, and other surcharges imposed under ch. 814.

AB283-engrossed,24,10 (2) (a) Except as provided in par. (b), the clerk of court shall collect and transmit the amount under sub. (1) to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment of the amount to the secretary of administration as provided in s. 59.25 (3) (f) 2.