AB547: Bill Text

AB547, s. 18 Section 18. 343.30 (1q) (c) 1. (intro.) of the statutes is amended to read:

AB547,10,19 343.30 (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:

AB547, s. 19 Section 19. 345.20 (2) (c) of the statutes is amended to read:

AB547,10,23 345.20 (2) (c) Sections 967.055 and 972.11 (3m) apply to traffic forfeiture actions for violations of s. 346.63 (1) or (5) or a local ordinance in conformity therewith.

AB547, s. 20 Section 20. 346.65 (2) (am) 1. of the statutes is amended to read:

AB547,11,2 346.65 (2) (am) 1. Shall forfeit not less than $150 nor more than $300, except Except as provided in subds. 2. to 5. 7. and par. (f), is guilty of a Class C misdemeanor.

AB547, s. 21 Section 21. 346.65 (2) (f) of the statutes is amended to read:

AB547,11,10 346.65 (2) (f) 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 imprisonment under par. (am) for the conviction are doubled. An offense under s. 346.63 (1) that subjects a person to a penalty under par. (am) 3., 4., 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.

AB547, s. 22 Section 22. 346.65 (2) (h) of the statutes is created to read:

AB547,11,18 346.65 (2) (h) Notwithstanding s. 973.03 (4) (a), a person sentenced under this subsection is not eligible for home detention under s. 302.425, good time under s. 302.43, release from jail for employment under s. 303.08 (1) (b), transfer to a county work camp under s. 303.10, release to perform community service unless s. 973.07 applies, probation under s. 973.09, or diminution of the sentence under s. 303.19 (3) until the person has been confined in a prison or jail for the minimum term of imprisonment for the offense.

AB547, s. 23 Section 23. 346.65 (2c) of the statutes is amended to read:

AB547,11,25 346.65 (2c) In sub. (2) (am) 2., 3., 4., 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., 5., 6., and 7.

AB547, s. 24 Section 24. 346.65 (2e) of the statutes is amended to read:

AB547,12,7 346.65 (2e) If the court determines that a person does not have the ability to pay the costs and fine or forfeiture imposed under sub. (2) (am), (f), or (g), the court may reduce the costs, or fine, and forfeiture imposed and order the person to pay, toward the cost of the assessment and driver safety plan imposed under s. 343.30 (1q) (c), the difference between the amount of the reduced costs and fine or forfeiture and the amount of costs and fine or forfeiture imposed under sub. (2) (am), (f), or (g).

AB547, s. 25 Section 25. 346.65 (2g) (a) of the statutes is amended to read:

AB547,12,17 346.65 (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., 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).

AB547, s. 26 Section 26. 346.65 (2g) (ag) of the statutes is amended to read:

AB547,13,2 346.65 (2g) (ag) If the court determines that a person does not have the ability to pay a fine imposed under sub. (2) (am) 1., 2., 3., 4., 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.

AB547, s. 27 Section 27. 346.65 (2g) (am) of the statutes is amended to read:

AB547,13,13 346.65 (2g) (am) Notwithstanding s. 973.05 (3) (b), an order under par. (a) or (ag) may apply only if agreed to by the organization or agency. The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored. Any organization or agency acting in good faith to which a defendant is assigned pursuant to an order under this subsection has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the defendant. The issuance or possibility of the issuance of a community service order under this subsection does not entitle an indigent defendant who is subject to sub. (2) (am) 1. to representation by counsel under ch. 977.

AB547, s. 28 Section 28. 346.65 (2g) (d) of the statutes is repealed.

AB547, s. 29 Section 29. 346.65 (2i) of the statutes is amended to read:

AB547,14,15 346.65 (2i) In addition to the authority of the court under sub. (2g) and s. 973.05 (3) (a), the court may order a defendant subject to sub. (2), or a defendant subject to s. 973.05 (3) (a) who violated s. 346.63 (2), 940.09 (1), or 940.25, to visit a site that demonstrates the adverse effects of substance abuse or of operating a vehicle while under the influence of an intoxicant or other drug, including an alcoholism treatment facility approved under s. 51.45 or an emergency room of a general hospital in lieu of part or all of any forfeiture imposed or in addition to any penalty imposed. The court may order the defendant to pay a reasonable fee, based on the person's ability to pay, to offset the costs of establishing, maintaining, and monitoring the visits ordered under this subsection. The court may order a visit to the site only if agreed to by the person responsible for the site. If the opportunities available to visit sites under this subsection are fewer than the number of defendants eligible for a visit, the court shall, when making an order under this subsection, give preference to defendants who were under 21 years of age at the time of the offense. The court shall ensure that the visit is monitored. A visit to a site may be ordered for a specific time and a specific day to allow the defendant to observe victims of vehicle accidents involving intoxicated drivers. If it appears to the court that the defendant has not complied with the court order to visit a site or to pay a reasonable fee, the court may order the defendant to show cause why he or she should not be held in contempt of court. Any organization or agency acting in good faith to which a defendant is assigned pursuant to an order under this subsection has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the defendant. The issuance or possibility of the issuance of an order under this subsection does not entitle an indigent defendant who is subject to sub. (2) (am) 1. to representation by counsel under ch. 977.

AB547, s. 30 Section 30. 346.655 (1) of the statutes is amended to read:

AB547,14,24 346.655 (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.

AB547, s. 31 Section 31. 349.02 (2) (a) of the statutes is amended to read:

AB547,15,13 349.02 (2) (a) Notwithstanding sub. (1), a police officer, sheriff, deputy sheriff, traffic officer or motor vehicle inspector may not stop or inspect a vehicle solely to determine compliance with a statute or ordinance specified under par. (b) unless the police officer, sheriff, deputy sheriff, traffic officer, or motor vehicle inspector has reasonable cause to believe that a violation of a statute or ordinance specified under par. (b) has been committed. This paragraph does not limit the authority of a police officer, sheriff, deputy sheriff, traffic officer, or motor vehicle inspector to make an arrest or issue a citation for a violation of any statute or ordinance specified under par. (b) observed in the course of a stop or inspection made for a lawful purpose. This paragraph does not apply to a traffic officer or motor vehicle inspector in the performance of duties under s. 110.075 (2) or to a police officer, sheriff, deputy sheriff, or traffic officer in the performance of duties under rules promulgated under s. 165.85 (4r).

AB547, s. 32 Section 32. 753.19 of the statutes is amended to read:

AB547,15,21 753.19 Operating costs; circuit court. The cost of operation of the circuit court for each county, except for the salaries of judges and court reporters provided to be paid by the state, and except for the cost assumed by the state under this chapter and chs. 40 and 230, and except as otherwise provided, shall be paid by the county. The county may use moneys from the appropriation under s. 20.625 (1) (q) to pay costs associated with prosecuting persons charged with offenses that are punishable under s. 346.65 (2) (am) 1.

AB547, s. 33 Section 33. 757.05 (1) (a) of the statutes is amended to read:

AB547,16,10 757.05 (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.

AB547, s. 34 Section 34. 814.63 (1) (c) of the statutes is amended to read:

AB547,16,17 814.63 (1) (c) This subsection does not apply to an action for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), 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 under s. 343.51 (1m) (b), or a safety belt use violation under s. 347.48 (2m).

AB547, s. 35 Section 35. 814.63 (2) of the statutes is amended to read:

AB547,17,2 814.63 (2) Upon the disposition of a forfeiture action in circuit court for violation of a county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district ordinance, except for an action 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 under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m), the county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district shall pay a nonrefundable fee of $5 to the clerk of circuit court.

AB547, s. 36 Section 36. 814.65 (1) of the statutes is amended to read:

AB547,17,14 814.65 (1) Court costs. In a municipal court action, except for an action 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 an ordinance in conformity with s. 343.51 (1m) (b) or 347.48 (2m), the municipal judge shall collect a fee of not less than $15 nor more than $28 on each separate matter, whether it is on default of appearance, a plea of guilty or no contest, on issuance of a warrant or summons, or the action is tried as a contested matter. Of each fee received by the judge under this subsection, the municipal treasurer shall pay monthly $5 to the secretary of administration for deposit in the general fund and shall retain the balance for the use of the municipality.

AB547, s. 37 Section 37. 814.65 (1) of the statutes, as affected by 2009 Wisconsin Acts 28 and .... (this act), is repealed and recreated to read:

AB547,17,25 814.65 (1) Court costs. In a municipal court action, for a financial responsibility violation under s. 344.62 (2) or for a violation of an ordinance in conformity with s. 343.51 (1m) (b) or 347.48 (2m), the municipal judge shall collect a fee of not less than $15 nor more than $28 on each separate matter, whether it is on default of appearance, a plea of guilty or no contest, on issuance of a warrant or summons, or the action is tried as a contested matter. Of each fee received by the judge under this subsection, the municipal treasurer shall pay monthly $5 to the secretary of administration for deposit in the general fund and shall retain the balance for the use of the municipality.

AB547, s. 38 Section 38. 814.85 (1) (a) of the statutes is amended to read:

AB547,18,9 814.85 (1) (a) Except for an action 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 under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $68 court support services surcharge from any person, including any governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am) or 814.63 (1).

AB547, s. 39 Section 39. 814.85 (1) (a) of the statutes, as affected by 2009 Wisconsin Acts 28 and .... (this act), is repealed and recreated to read:

AB547,18,17 814.85 (1) (a) Except for an action for a financial responsibility violation under s. 344.62 (2), or for a violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $68 court support services surcharge from any person, including any governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am) or 814.63 (1).

AB547, s. 40 Section 40. 814.86 (1) of the statutes, as affected by 2009 Wisconsin Act 28, section 3240, is amended to read:

AB547,19,3 814.86 (1) Except for an action 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 under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $21.50 justice information system surcharge from any person, including any governmental unit, as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62 (1), (2), or (3) (a) or (b), or 814.63 (1). The justice information system surcharge is in addition to the surcharge listed in sub. (1m).

AB547, s. 41 Section 41. 814.86 (1) of the statutes, as affected by 2009 Wisconsin Act 28, section 3240m, and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB547,19,13 814.86 (1) Except for an action for a financial responsibility violation under s. 344.62 (2), or for a violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $21.50 justice information system surcharge from any person, including any governmental unit, as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62 (1), (2), or (3) (a) or (b), or 814.63 (1). The justice information system surcharge is in addition to the surcharge listed in sub. (1m).

AB547, s. 42 Section 42. 969.01 (2) (a) of the statutes is amended to read:

AB547,19,20 969.01 (2) (a) Release pursuant to s. 969.02 or 969.03 may be allowed in the discretion of the trial court after conviction and prior to sentencing or the granting of probation. This paragraph does not apply to a person convicted of violating s. 346.63 (1) or (2) or 940.25 or of s. 940.09, if the offense involved the use of a vehicle, until after the person has been imprisoned for at least the applicable minimum period of imprisonment for the violation.

AB547, s. 43 Section 43. 972.11 (3m) of the statutes is amended to read:

AB547,20,2 972.11 (3m) A court may not exclude evidence in any criminal action or traffic forfeiture action for violation of s. 346.63 (1) or any criminal action or traffic forfeiture action for a violation of s. 346.63 (5), or a local ordinance in conformity with s. 346.63 (1) or (5), on the ground that the evidence existed or was obtained outside of this state.

AB547, s. 44 Section 44. 973.09 (1) (d) 1. of the statutes is amended to read:

AB547,20,5 973.09 (1) (d) 1. A violation under s. 346.63 (1) that subjects the person to a mandatory minimum period of imprisonment under s. 346.65 (2) (am) 2. or 3.

AB547, s. 45 Section 45. 973.15 (8) (a) 3. of the statutes is amended to read:

AB547,20,10 973.15 (8) (a) 3. For not more than 60 days, except that a court may not stay execution of a sentence of imprisonment or to the intensive sanctions program under this subdivision for a conviction under s. 346.63 (1) or (2) or 940.25 or under s. 940.09, if the offense involved the use of a vehicle.

AB547, s. 46 Section 46. 977.02 (2g) of the statutes is created to read:

AB547,20,14 977.02 (2g) From the appropriation under s. 20.550 (1) (q), provide legal services in cases involving persons charged with offenses that are punishable under s. 346.65 (2) (am) 1.

AB547, s. 47 Section 47. 978.05 (1p) of the statutes is created to read:

AB547,20,19 978.05 (1p) Intoxicated and drugged driving actions. The district attorney of any prosecutorial unit shall use funds from the appropriation under s. 20.475 (1) (q) to prosecute persons charged with offenses that are punishable under s. 346.65 (2) (am) 1.

AB547, s. 48 Section 48 . Nonstatutory provisions.

AB547,21,7 (1) District attorneys. The department of administration shall prepare a budget request for the 2011-2013 fiscal biennium for allocation of funds deposited into the trust fund under section 25.975 of the statutes. The budget request shall include a proposed number of created assistant district attorney positions necessary to prosecute first offenses related to operating a motor vehicle while under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, a controlled substance and a controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving or operating a motor vehicle with a prohibited alcohol concentration or a detectable amount of a restricted controlled substance in his or her blood.

AB547,21,19 (2) Public defenders. The public defender board shall prepare a budget request for the 2011-2013 fiscal biennium for allocation of funds deposited into the trust fund under section 25.975 of the statutes. The budget request shall include a proposed number of created positions necessary to provide criminal defense services for first offenses related to operating a motor vehicle while under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, a controlled substance and a controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving or operating a motor vehicle with a prohibited alcohol concentration or a detectable amount of a restricted controlled substance in his or her blood.

AB547,22,6 (3) State circuit courts. The director of state courts shall prepare a budget request for the 2011-2013 fiscal biennium for allocation of funds deposited into the trust fund under section 25.975 of the statutes. The budget request shall include a proposed number of created positions and circuit court branches necessary to process first offenses related to operating a motor vehicle while under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, a controlled substance and a controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving or operating a motor vehicle with a prohibited alcohol concentration or a detectable amount of a restricted controlled substance in his or her blood.

AB547,22,23 (4) Counties. The department of administration shall prepare a budget request for the 2011-2013 fiscal biennium for allocation of funds deposited into the trust fund under section 25.975 of the statutes. Each county shall submit to the department of administration, by July 1, 2010, an estimate of costs for the 2011-2013 fiscal biennium related to prosecuting and defending in circuit court, and imprisoning, persons charged with and and convicted of first offenses related to operating a motor vehicle while under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, a controlled substance and a controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving or operating a motor vehicle with a prohibited alcohol concentration or a detectable amount of a restricted controlled substance in his or her blood. The budget request prepared by the department of administration shall include the costs set forth by the counties and shall request how the funds into the trust fund under section 25.975 of the statutes shall be distributed, on an equitable basis, among the counties.

AB547,23,12 (5) Health services. The department of health services shall prepare a budget request for the 2011-2013 fiscal biennium for allocation of funds deposited into the trust fund under section 25.975 of the statutes. The department shall submit to the department of administration, by July 1, 2010, an estimate of costs for the 2011-2013 fiscal biennium related to providing alcohol and drug abuse treatment services to persons charged with and and convicted of first offenses related to operating a motor vehicle while under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, a controlled substance and a controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving or operating a motor vehicle with a prohibited alcohol concentration or a detectable amount of a restricted controlled substance in his or her blood.

AB547, s. 49 Section 49. Initial applicability.

AB547,23,17 (1) This act first applies to violations committed on the effective date of this subsection but does not preclude the counting of other convictions, suspensions, or revocations as prior convictions, suspensions, or revocations for purposes of administrative action by the department of transportation or sentencing by a court.

AB547, s. 50 Section 50. Effective dates. This act takes effect on first day of the 3rd month beginning after publication, except as follows:

AB547,23,22 (1) The repeal and recreation of section 343.23 (2) (b) of the statutes takes effect on the day after publication, or on the date on which the creation of section 343.165 of the statutes by 2007 Wisconsin Act 20 takes effect, whichever is later.

AB547,23,24 (2) The repeal and recreation of sections 814.65 (1), 814.85 (1) (a), and 814.86 (1) of the statutes takes effect on June 1, 2010.

AB547,23,25 (3) Section 48 of this act takes effect on the day after publication.

AB547,24,6 (4) The amendment of sections 302.372 (2) (a) (intro), 345.20 (2) (c), 346.65 (2) (am) 1., 346.65 (2) (f), 346.65 (2c), 346.65 (2e), 346.65 (2g) (a), 346.65 (2g) (ag), 346.65 (2g) (am), 346.65 (2i), 753.19, 972.11 (3m), and 973.09 (1) (d) 1. of the statutes, the creation of sections 16.185, 20.435 (5) (q), 20.475 (1) (q), 20.505 (6) (q), 20.550 (1) (q), 20.625 (1) (q), 25.975, 46.03 (44), 139.27, 977.02 (2g), and 978.05 (1p) of the statutes, and the repeal of section 346.65 (2g) (d) of the statutes take effect on July 1, 2011.

AB547,24,7 (End)