AB283: Bill Text Engrossed

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AB283-engrossed, s. 22 Section 22. 343.301 (1) (title) of the statutes is repealed.

AB283-engrossed, s. 23 Section 23. 343.301 (1) (a) of the statutes is repealed and recreated to read: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

AB283-engrossed,24,14 (b) If the forfeiture is imposed by a municipal court, the court shall transmit the amount to the treasurer of the county, city, town, or village, and that treasurer shall make payment of the amount to the secretary of administration as provided in s. 66.0114 (1) (bm).

AB283-engrossed,24,16 (3) Any person who fails to pay a district attorney surcharge imposed under sub. (1) is subject to s. 343.30 (1z).

AB283-engrossed, s. 56 Section 56. 347.413 (title) and (1) of the statutes are amended to read:

AB283-engrossed,24,25 347.413 (title) Ignition interlock device tampering; failure to install. (1) No person may remove, disconnect, tamper with, or otherwise circumvent the operation of an ignition interlock device installed in response to the court order under s. 346.65 (6), 1999 stats., or s. 343.301 (1), or fail to have the ignition interlock device installed as ordered by the court. This subsection does not apply to the removal of an ignition interlock device upon the expiration of the order requiring the motor vehicle to be so equipped or to necessary repairs to a malfunctioning ignition interlock device by a person authorized by the department.

AB283-engrossed, s. 57 Section 57. 347.417 (1) of the statutes is amended to read:

AB283-engrossed,25,6 347.417 (1) No person may remove, disconnect, tamper with, or otherwise circumvent the operation of any immobilization device installed in response to a court order under s. 346.65 (6), 1999 stats., or s. 343.301 (2), 2007 stats. This subsection does not apply to the removal of an immobilization device pursuant to a court order or to necessary repairs to a malfunctioning immobilization device.

AB283-engrossed, s. 58 Section 58. 347.417 (2) of the statutes is amended to read:

AB283-engrossed,25,12 347.417 (2) The department shall design a warning label which shall be affixed by the owner of each immobilization device before the device is used to immobilize any motor vehicle under s. 346.65 (6), 1999 stats., or s. 343.301 (2), 2007 stats. The label shall provide notice of the penalties for removing, disconnecting, tampering with, or otherwise circumventing the operation of the immobilization device.

AB283-engrossed, s. 59 Section 59. 347.50 (1s) of the statutes is amended to read:

AB283-engrossed,25,18 347.50 (1s) Any person violating s. 347.413 (1) or 347.417 (1) may be required to forfeit fined not less than $150 nor more than $600, or may be imprisoned for not more than 6 months, or both for the first offense. For a 2nd or subsequent conviction within 5 years, the person may be fined not less than $300 nor more than $1,000, or imprisoned for not more than 6 months, or both.

AB283-engrossed, s. 60 Section 60. 347.50 (1t) of the statutes is created to read:

AB283-engrossed,25,22 347.50 (1t) In addition to the penalty under sub. (1s), if a person who is subject to an order under s. 343.301 violates s. 347.413, the court shall extend the order under s. 343.301 (1) or (2m) for 6 months for each violation.

AB283-engrossed, s. 61 Section 61. 757.05 (1) (a) of the statutes is amended to read:

AB283-engrossed,26,11 757.05 (1) (a) Whenever 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), there shall be imposed in addition a penalty surcharge under ch. 814 in an amount of 26 percent of the fine or forfeiture imposed. If multiple offenses are involved, the penalty surcharge shall be based upon the total fine or forfeiture for all offenses. When a fine or forfeiture is suspended in whole or in part, the penalty surcharge shall be reduced in proportion to the suspension.