AB283-engrossed, s. 60 19Section 60. 347.50 (1t) of the statutes is created to read:
AB283-engrossed,25,2220 347.50 (1t) In addition to the penalty under sub. (1s), if a person who is subject
21to an order under s. 343.301 violates s. 347.413, the court shall extend the order
22under s. 343.301 (1) or (2m) for 6 months for each violation.
AB283-engrossed, s. 61 23Section 61. 757.05 (1) (a) of the statutes is amended to read:
AB283-engrossed,26,1124 757.05 (1) (a) Whenever a court imposes a fine or forfeiture for a violation of
25state law or for a violation of a municipal or county ordinance except for a violation

1of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), or for a first violation of s.
223.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who
3committed the violation had a blood alcohol concentration of 0.08 or more but less
4than 0.1 at the time of the violation,
or for a violation of state laws or municipal or
5county ordinances involving nonmoving traffic violations, violations under s. 343.51
6(1m) (b), or safety belt use violations under s. 347.48 (2m), there shall be imposed in
7addition a penalty surcharge under ch. 814 in an amount of 26 percent of the fine or
8forfeiture imposed. If multiple offenses are involved, the penalty surcharge shall be
9based upon the total fine or forfeiture for all offenses. When a fine or forfeiture is
10suspended in whole or in part, the penalty surcharge shall be reduced in proportion
11to the suspension.
AB283-engrossed, s. 62 12Section 62. 814.63 (1) (c) of the statutes is amended to read:
AB283-engrossed,26,1813 814.63 (1) (c) This subsection does not apply to an action for a violation of s.
14101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), for a first violation of s. 23.33
15(4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who
16committed the violation had a blood alcohol concentration of 0.08 or more but less
17than 0.1 at the time of the violation, or
for a violation under s. 343.51 (1m) (b), or a
18safety belt use violation under s. 347.48 (2m).
AB283-engrossed, s. 63 19Section 63. 814.63 (2) of the statutes is amended to read:
AB283-engrossed,27,320 814.63 (2) Upon the disposition of a forfeiture action in circuit court for
21violation of a county, town, city, village, town sanitary district or public inland lake
22protection and rehabilitation district ordinance, except for an action for a first
23violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the
24person who committed the violation had a blood alcohol concentration of 0.08 or more
25but less than 0.1 at the time of the violation, or
for a violation under s. 343.51 (1m)

1(b) or a safety belt use violation under s. 347.48 (2m), the county, town, city, village,
2town sanitary district or public inland lake protection and rehabilitation district
3shall pay a nonrefundable fee of $5 to the clerk of circuit court.
AB283-engrossed, s. 64 4Section 64. 814.65 (1) of the statutes is amended to read:
AB283-engrossed,27,155 814.65 (1) Court costs. In a municipal court action, except for an action for
6a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1)
7(b), if the person who committed the violation had a blood alcohol concentration of
80.08 or more but less than 0.1 at the time of the violation, or
for a violation of an
9ordinance in conformity with s. 343.51 (1m) (b) or 347.48 (2m), the municipal judge
10shall collect a fee of not less than $15 nor more than $28 on each separate matter,
11whether it is on default of appearance, a plea of guilty or no contest, on issuance of
12a warrant or summons, or the action is tried as a contested matter. Of each fee
13received by the judge under this subsection, the municipal treasurer shall pay
14monthly $5 to the secretary of administration for deposit in the general fund and
15shall retain the balance for the use of the municipality.
AB283-engrossed, s. 65 16Section 65. 814.65 (1) of the statutes, as affected by 2009 Wisconsin Acts 28
17and .... (this act), is repealed and recreated to read:
AB283-engrossed,28,218 814.65 (1) Court costs. In a municipal court action, for a financial
19responsibility violation under s. 344.62 (2) or for a violation of an ordinance in
20conformity with s. 343.51 (1m) (b) or 347.48 (2m), the municipal judge shall collect
21a fee of not less than $15 nor more than $28 on each separate matter, whether it is
22on default of appearance, a plea of guilty or no contest, on issuance of a warrant or
23summons, or the action is tried as a contested matter. Of each fee received by the
24judge under this subsection, the municipal treasurer shall pay monthly $5 to the

1secretary of administration for deposit in the general fund and shall retain the
2balance for the use of the municipality.
AB283-engrossed, s. 66 3Section 66. 814.75 (9m) of the statutes is created to read:
AB283-engrossed,28,44 814.75 (9m) The district attorney surcharge under s. 346.657.
AB283-engrossed, s. 67 5Section 67. 814.76 (7m) of the statutes is created to read:
AB283-engrossed,28,66 814.76 (7m) The district attorney surcharge under s. 346.657.
AB283-engrossed, s. 68 7Section 68. 814.78 (7m) of the statutes is created to read:
AB283-engrossed,28,88 814.78 (7m) The district attorney surcharge under s. 346.657.
AB283-engrossed, s. 69 9Section 69. 814.79 (4r) of the statutes is created to read:
AB283-engrossed,28,1010 814.79 (4r) The district attorney surcharge under s. 346.657.
AB283-engrossed, s. 70 11Section 70. 814.85 (1) (a) of the statutes is amended to read:
AB283-engrossed,28,1912 814.85 (1) (a) Except for an action for a first violation of s. 23.33 (4c) (a) 2.,
1330.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the
14violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the
15time of the violation, or for
a violation under s. 343.51 (1m) (b) or a safety belt use
16violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $68
17court support services surcharge from any person, including any governmental unit
18as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am) or
19814.63 (1).
AB283-engrossed, s. 71 20Section 71. 814.85 (1) (a) of the statutes, as affected by 2009 Wisconsin Acts
2128
and .... (this act), is repealed and recreated to read:
AB283-engrossed,29,222 814.85 (1) (a) Except for an action for a financial responsibility violation under
23s. 344.62 (2), or for a violation under s. 343.51 (1m) (b) or a safety belt use violation
24under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $68 court
25support services surcharge from any person, including any governmental unit as

1defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am) or 814.63
2(1).
AB283-engrossed, s. 72 3Section 72. 814.86 (1) of the statutes, as affected by 2009 Wisconsin Act 28,
4section 3240, is amended to read:
AB283-engrossed,29,135 814.86 (1) Except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681
6(1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation
7had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the
8violation, or for
a violation under s. 343.51 (1m) (b) or a safety belt use violation under
9s. 347.48 (2m), the clerk of circuit court shall charge and collect a $21.50 justice
10information system surcharge from any person, including any governmental unit, as
11defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62
12(1), (2), or (3) (a) or (b), or 814.63 (1). The justice information system surcharge is in
13addition to the surcharge listed in sub. (1m).
AB283-engrossed, s. 73 14Section 73. 814.86 (1) of the statutes, as affected by 2009 Wisconsin Act 28,
15section 3240m, and 2009 Wisconsin Act .... (this act), is repealed and recreated to
16read:
AB283-engrossed,29,2317 814.86 (1) Except for an action for a financial responsibility violation under s.
18344.62 (2), or for a violation under s. 343.51 (1m) (b) or a safety belt use violation
19under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $21.50 justice
20information system surcharge from any person, including any governmental unit, as
21defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62
22(1), (2), or (3) (a) or (b), or 814.63 (1). The justice information system surcharge is in
23addition to the surcharge listed in sub. (1m).
AB283-engrossed, s. 74 24Section 74. 940.09 (1d) of the statutes is repealed and recreated to read:
AB283-engrossed,30,2
1940.09 (1d) A person who violates sub. (1) is subject to the requirements and
2procedures for installation of an ignition interlock device under s. 343.301.
AB283-engrossed, s. 75 3Section 75. 940.25 (1d) of the statutes is repealed and recreated to read:
AB283-engrossed,30,54 940.25 (1d) A person who violates sub. (1) is subject to the requirements and
5procedures for installation of an ignition interlock device under s. 343.301.
AB283-engrossed, s. 76 6Section 76. 969.01 (2) (a) of the statutes is amended to read:
AB283-engrossed,30,137 969.01 (2) (a) Release pursuant to s. 969.02 or 969.03 may be allowed in the
8discretion of the trial court after conviction and prior to sentencing or the granting
9of probation. This paragraph does not apply to a person if his or her number of
10convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total
11number of suspensions, revocations, and other convictions counted under s. 343.307
12(1), equals 3 or more until after the person has served at least the minimum term of
13confinement for the violation.
AB283-engrossed, s. 77 14Section 77. 973.09 (1) (d) (intro.) of the statutes is renumbered 973.09 (1) (d)
15and amended to read:
AB283-engrossed,30,2216 973.09 (1) (d) If a person is convicted of an offense that provides a mandatory
17or presumptive minimum period of one year or less of imprisonment, a court may
18place the person on probation under par. (a) if the court requires, as a condition of
19probation, that the person be confined under sub. (4) for at least that mandatory or
20presumptive minimum period. The person is eligible to earn good time credit
21calculated under s. 302.43 regarding the period of confinement. This paragraph does
22not apply if the conviction is for any of the following:
AB283-engrossed, s. 78 23Section 78. 973.09 (1) (d) 1. of the statutes is repealed.
AB283-engrossed, s. 79 24Section 79. 973.09 (1) (d) 2. of the statutes is repealed.
AB283-engrossed, s. 80 25Section 80. 973.09 (1) (d) 3. of the statutes is repealed.
AB283-engrossed, s. 81
1Section 81. 973.15 (8) (a) 3. of the statutes is amended to read:
AB283-engrossed,31,82 973.15 (8) (a) 3. For not more than 60 days, except that the court may not stay
3execution of a person's sentence of imprisonment or to the intensive sanctions
4program under this subdivision if the person's number of convictions under ss.
5940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions,
6revocations, and other convictions counted under s. 343.307 (1), equals 3 or more
7until after the person has served at least the minimum term of confinement for the
8violation
.
AB283-engrossed, s. 82 9Section 82. 978.05 (1m) of the statutes is created to read:
AB283-engrossed,31,1810 978.05 (1m) Intoxicated and drugged driving actions. The district attorney
11of any prosecutorial unit shall use funds from the appropriation under s. 20.475 (1)
12(j) to prosecute offenses relating to operating a motor vehicle while under the
13influence of an intoxicant, a controlled substance, a controlled substance analog or
14any combination of an intoxicant, a controlled substance and a controlled substance
15analog, under the influence of any other drug to a degree which renders him or her
16incapable of safely driving, or under the combined influence of an intoxicant and any
17other drug or operating a motor vehicle with a prohibited alcohol concentration or
18a detectable amount of a restricted controlled substance in his or her blood.
AB283-engrossed, s. 83 19Section 83. Nonstatutory provisions.
AB283-engrossed,32,220 (1) The department of corrections may not use moneys from the appropriation
21under section 20.410 (1) (hh) of the statutes, as created by this act, to supplant
22moneys allocated to provide services related to probation, extended supervision and
23parole, the intensive sanctions program under section 301.048 of the statutes, the
24community residential confinement program under section 301.046 of the statutes,
25and programs of intensive supervision of adult offenders and minimum security

1correctional institutions established under section 301.13 of the statutes for persons
2who were convicted of offenses not related to intoxicated driving.
AB283-engrossed, s. 84 3Section 84. Initial applicability.
AB283-engrossed,32,9 4(1) This act first applies to violations that are committed or refusals that occur
5on the effective date of this subsection, but does not preclude the counting of other
6convictions, suspensions, or revocations as prior convictions, suspensions, or
7revocations for purposes of administrative action by the department of
8transportation, sentencing by a court, or revocation or suspension of motor vehicle
9operating privileges.
AB283-engrossed, s. 85 10Section 85. Effective dates. This act takes effect on first day of the 3rd
11month beginning after publication, except as follows:
AB283-engrossed,32,1512 (1) The repeal and recreation of sections 343.10 (2) (a) (intro.) and 343.23 (2)
13(b) of the statutes takes effect on the first day of the 3rd month beginning after
14publication, or on the date on which the creation of section 343.165 of the statutes
15by 2007 Wisconsin Act 20 takes effect, whichever is later.
AB283-engrossed,32,17 16(1m) The amendment of section 346.65 (2) (bm) and (cm), (2j) (bm) and (cm),
17and (3r) of the statutes takes effect on the day after publication.
AB283-engrossed,33,218 (2) The repeal of sections 342.12 (4) (c) 1. b., 343.301 (1) (title), 343.301 (2), and
19346.65 (6) of the statutes, the renumbering and amendment of sections 343.301 (1)
20(c) and 343.301 (1) (d) of the statutes, the consolidation, renumbering, and amending
21of sections 343.301 (1) (b) 1. and 2. of the statutes, the amendment of sections 340.01
22(46m) (c), 342.12 (4) (c) 1. c., 342.13 (1), 343.10 (2) (a) (intro.), 343.10 (5) (a) 3., 343.301
23(title), 347.413 (title) and (1), 347.417 (1), 347.417 (2), and 347.50 (1s) of the statutes,
24the repeal and recreation of sections 343.301 (1) (a), 343.305 (10m), 940.09 (1d), and
25940.25 (1d) of the statutes, and the creation of sections 20.395 (5) (hj), 25.40 (1) (a)

117., 343.10 (2) (f), 343.301 (1m), 343.301 (3) (b), 343.301 (5), and 347.50 (1t) of the
2statutes take effect on the first day of the 9th month beginning after publication.
AB283-engrossed,33,43 (3) The creation of sections 20.410 (1) (hh) and 139.27 of the statutes takes
4effect on July 1, 2011.
AB283-engrossed,33,65 (4) The repeal and recreation of sections 814.65 (1), 814.85 (1) (a), and 814.86
6(1) of the statutes takes effect on July 1, 2010.
Loading...
Loading...