AB547: Bill Text

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 (this act), is repealed and recreated to read: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