RPN:jld:md
2009 - 2010 LEGISLATURE
February 18, 2009 - Introduced by Senators Sullivan, Plale, Lehman, Decker,
Hansen, Vinehout, Harsdorf, Risser, Carpenter, A. Lasee, Darling,
Erpenbach and Cowles, cosponsored by Representatives Zepnick, Lothian, A.
Ott, Bies and Honadel. Referred to Committee on Judiciary, Corrections,
Insurance, Campaign Finance Reform, and Housing.
SB66,1,9
1An Act to repeal 346.65 (8);
to renumber 343.301 (1) (c);
to amend 165.755 (1)
2(b), 302.46 (1) (a), 343.23 (2) (b), 343.30 (1q) (c) 1. (intro.), 343.301 (1) (a) 1.,
3343.301 (1) (a) 2., 346.65 (2) (am) 3., 346.65 (2) (am) 4., 346.65 (2) (bm), 346.65
4(2) (cm), 346.65 (2j) (bm), 346.65 (2j) (cm), 346.65 (2m) (a), 346.65 (3r), 346.655
5(1), 757.05 (1) (a), 814.63 (1) (c), 814.63 (2), 814.65 (1), 814.85 (1) (a) and 814.86
6(1); and
to create 343.301 (1) (a) 3., 343.301 (1) (c) 2., 343.301 (1) (cm), 346.65
7(2) (am) 3m., 758.13 (2) (h) and 758.13 (2) (i) of the statutes;
relating to:
8operation of a motor vehicle while under the influence of an intoxicant and
9providing a penalty.
Analysis by the Legislative Reference Bureau
This bill makes numerous changes to the laws related to the operation of a
motor vehicle while under the influence of an intoxicant (OWI), including the
following:
1. Current law gives a court discretion to require the installation of an ignition
interlock device on a person's motor vehicle if the person committed an OWI offense
and has one or more prior convictions, suspensions, or revocations for OWI. Under
current law, if the person has two convictions, suspensions, or revocations for OWI
within any five-year period, the court is required to order the installation of an
ignition interlock device on a person's motor vehicle. This bill requires the court to
order the installation of a ignition interlock device on a person's motor vehicle if the
person has a third conviction, suspension, or revocation for OWI within any period;
or if the person has a second conviction, suspension, or revocation for OWI within any
period and had an alcohol concentration of 0.16 or greater at the time of the current
offense.
2. The bill requires the court, if it orders the installation of an ignition interlock
device, to determine the income of the violator, and if the violator's income is less
than the income limit for the Wisconsin Works program to reduce the amount of the
fine imposed by the amount necessary to pay for the installation and maintenance
of the ignition interlock device.
3. The bill prohibits the company that equips a motor vehicle with an ignition
interlock device from removing the device or terminating the contract for the
maintenance of the device during the period that the court ordered without first
receiving the court's permission.
4. The bill increases the penalties for OWI as follows:
a. The penalty for a third OWI offense is currently a fine of $600 to $2,000 and
imprisonment of 30 days to one year in jail. Under the bill if the person has a third
OWI-related conviction, suspension, or revocation within a five-year period, the
current offense is a Class I felony and creates a minimum fine of $600 and a minimum
imprisonment of 60 days.
b. The penalty for a fourth OWI offense is currently a fine of $600 to $2,000 and
imprisonment of 60 days to one year in jail. The bill makes the fourth OWI offense
a Class I felony and creates a minimum fine of $600 and a minimum imprisonment
of 60 days.
5.
2005 Wisconsin Act 389 created a pilot program for sentencing persons in
Winnebago County who are convicted of certain second or third offenses involving
OWI. Under that act, the period of imprisonment for an OWI offense in Winnebago
County may be reduced if the violator successfully completes a period of probation
that includes alcohol and other drug treatment. A person may complete a treatment
program and receive a reduced period of imprisonment only once. This bill expands
the sentencing option to any county that opts to allow a violator to successfully
complete a period of probation that includes alcohol and other drug treatment in
exchange for a shorter period of imprisonment.
6. Currently, a person who commits his or her first OWI offense and who has
a prohibited alcohol concentration between 0.08 and 0.99 at the time of the offense
is not liable for penalty surcharges or court fees and does not need to comply with an
alcohol or other drug assessment program. Further, the Department of
Transportation (DOT) must purge its records of a first OWI offense after ten years;
DOT keeps all other records of OWI offenses permanently.
Under this bill, a person who commits his or her first OWI offense and who has
a prohibited alcohol concentration between 0.08 and 0.99 at the time of the violation
is liable for the surcharges or fees and must comply with an alcohol or other drug
assessment program before his or her driving privileges may be reinstated. Under
this bill, DOT must keep a record of this offense permanently.
The bill requires the Judicial Council to establish advisory sentencing
guidelines for OWI offenses and make those guidelines and any revisions available
to judges and attorneys at least annually.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB66, s. 1
1Section
1. 165.755 (1) (b) of the statutes is amended to read:
SB66,3,92
165.755
(1) (b) A court may not impose the crime laboratories and drug law
3enforcement surcharge under par. (a) for a violation of s. 101.123 (2) (a), (am) 1., (ar),
4(bm), (br), or (bv) or (5) (b)
, for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1.,
5346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood
6alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, 7or for a violation of a state law or municipal or county ordinance involving a
8nonmoving traffic violation, a violation under s. 343.51 (1m) (b), or a safety belt use
9violation under s. 347.48 (2m).
SB66, s. 2
10Section
2. 302.46 (1) (a) of the statutes is amended to read:
SB66,4,711
302.46
(1) (a) If a court imposes a fine or forfeiture for a violation of state law
12or for a violation of a municipal or county ordinance except for a violation of s. 101.123
13(2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5)
, or for a first violation of s. 23.33 (4c) (a)
142., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the
15violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the
16time of the violation, or for a violation of state laws or municipal or county ordinances
1involving nonmoving traffic violations, violations under s. 343.51 (1m) (b), or safety
2belt use violations under s. 347.48 (2m), the court, in addition, shall impose a jail
3surcharge under ch. 814 in an amount of 1 percent of the fine or forfeiture imposed
4or $10, whichever is greater. If multiple offenses are involved, the court shall
5determine the jail surcharge on the basis of each fine or forfeiture. If a fine or
6forfeiture is suspended in whole or in part, the court shall reduce the jail surcharge
7in proportion to the suspension.
SB66, s. 3
8Section
3. 343.23 (2) (b) of the statutes is amended to read:
SB66,5,89
343.23
(2) (b) The information specified in pars. (a) and (am) must be filed by
10the department so that the complete operator's record is available for the use of the
11secretary in determining whether operating privileges of such person shall be
12suspended, revoked, canceled, or withheld, or the person disqualified, in the interest
13of public safety. The record of suspensions, revocations, and convictions that would
14be counted under s. 343.307 (2) shall be maintained permanently
, except that the
15department shall purge the record of a first violation of s. 23.33 (4c) (a) 2., 30.681 (1)
16(b) 1., 346.63 (1) (b), or 350.101 (1) (b) after 10 years, if the person who committed the
17violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the
18time of the violation, if the person does not have a commercial driver license, if the
19violation was not committed by a person operating a commercial motor vehicle, and
20if the person has no other suspension, revocation, or conviction that would be counted
21under s. 343.307 during that 10-year period. The record of convictions for
22disqualifying offenses under s. 343.315 (2) (h) shall be maintained for at least 10
23years. The record of convictions for disqualifying offenses under s. 343.315 (2) (f) and
24(j), and all records specified in par. (am), shall be maintained for at least 3 years. The
25record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be
1maintained permanently, except that 5 years after a licensee transfers residency to
2another state such record may be transferred to another state of licensure of the
3licensee if that state accepts responsibility for maintaining a permanent record of
4convictions for disqualifying offenses. Such reports and records may be cumulative
5beyond the period for which a license is granted, but the secretary, in exercising the
6power of suspension granted under s. 343.32 (2) may consider only those reports and
7records entered during the 4-year period immediately preceding the exercise of such
8power of suspension.
SB66, s. 4
9Section
4. 343.30 (1q) (c) 1. (intro.) of the statutes is amended to read:
SB66,5,2010
343.30
(1q) (c) 1. (intro.) Except as provided in subd. 1. a. or b.,
and except for
11a first violation of s. 346.63 (1) (b), if the person who committed the violation had a
12blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the
13violation, the court shall order the person to submit to and comply with an
14assessment by an approved public treatment facility as defined in s. 51.45 (2) (c) for
15examination of the person's use of alcohol, controlled substances or controlled
16substance analogs and development of a driver safety plan for the person. The court
17shall notify the department of transportation of the assessment order. The court
18shall notify the person that noncompliance with assessment or the driver safety plan
19will result in revocation of the person's operating privilege until the person is in
20compliance. The assessment order shall:
SB66, s. 5
21Section
5. 343.301 (1) (a) 1. of the statutes is amended to read:
SB66,6,422
343.301
(1) (a) 1. Except as provided in subd. 2.
and 3., if a person improperly
23refuses to take a test under s. 343.305 or violates s. 346.63 (1) or (2), 940.09 (1), or
24940.25, and the person has a total of one or more prior convictions, suspensions, or
25revocations, counting convictions under ss. 940.09 (1) and 940.25 in the person's
1lifetime and other convictions, suspensions, and revocations counted under s.
2343.307 (1), the court may order that the person's operating privilege for the
3operation of "Class D" vehicles be restricted to operating "Class D" vehicles that are
4equipped with an ignition interlock device.
SB66, s. 6
5Section
6. 343.301 (1) (a) 2. of the statutes is amended to read:
SB66,6,216
343.301
(1) (a) 2.
If Except as provided in subd. 3., if a person improperly
7refuses to take a test under s. 343.305 or violates s. 346.63 (1) or (2), 940.09 (1), or
8940.25, and the person has a total of 2 or more convictions, suspensions, or
9revocations, counted under s. 343.307 (1) within any 5-year period, the court shall
10order that the person's operating privilege for the operation of "Class D" vehicles be
11restricted to operating vehicles that are equipped with an ignition interlock device
12and shall order that each motor vehicle for which the person's name appears on the
13vehicle's certificate of title or registration be equipped with an ignition interlock
14device. If equipping each motor vehicle with an ignition interlock device under this
15subdivision would cause an undue financial hardship, the court may order that one
16or more motor vehicles subject to this subdivision not be equipped with an ignition
17interlock device. This subdivision does not apply if the court enters an order under
18sub. (2) (a) 2. or, if the person has 2 or more prior convictions, suspensions, or
19revocations for purposes of this subdivision, to the motor vehicle owned by the person
20and used in the violation or refusal if the court orders the vehicle to be seized and
21forfeited under s. 346.65 (6).
SB66, s. 7
22Section
7. 343.301 (1) (a) 3. of the statutes is created to read:
SB66,7,1423
343.301
(1) (a) 3. If a person improperly refuses to take a test under s. 343.305
24or violates s. 346.63 (1) or (2), 940.09 (1), or 940.25, and the person has a total of 2
25or more prior convictions, suspensions, or revocations, counted under s. 343.307 (1),
1or the person has a prior conviction, suspension, or revocation counted under s.
2343.307 (1) and has an alcohol concentration of 0.16 or more at the time of the current
3offense, the court shall order that the person's operating privilege for the operation
4of "Class D" vehicles be restricted to operating vehicles that are equipped with an
5ignition interlock device and shall order that each motor vehicle for which the
6person's name appears on the vehicle's certificate of title or registration be equipped
7with an ignition interlock device. If equipping each motor vehicle with an ignition
8interlock device under this subdivision would cause an undue financial hardship, the
9court may order that one or more motor vehicles subject to this subdivision not be
10equipped with an ignition interlock device. This subdivision does not apply if the
11court enters an order under sub. (2) (a) 2. or, if the person has 2 or more prior
12convictions, suspensions, or revocations for purposes of this subdivision, to the motor
13vehicle owned by the person and used in the violation or refusal if the court orders
14the vehicle to be seized and forfeited under s. 346.65 (6).
SB66, s. 8
15Section
8. 343.301 (1) (c) of the statutes is renumbered 343.301 (1) (c) 1.
SB66, s. 9
16Section
9. 343.301 (1) (c) 2. of the statutes is created to read:
SB66,7,2217
343.301
(1) (c) 2. If the court enters an order under par. (a), the court shall
18determine the amount of the person's income, and, if the person's income is less than
19the income limitations in s. 49.145 (3) (b), the court shall reduce any fine imposed
20upon the person as a result of his or her conviction under s. 346.63 (1) or (2), 940.09
21(1), or 940.25 by the amount necessary to pay for the installation and maintenance
22of the ignition interlock device.
SB66, s. 10
23Section
10. 343.301 (1) (cm) of the statutes is created to read:
SB66,8,224
343.301
(1) (cm) The company that equips the ignition interlock device on a
25motor vehicle may not remove the device or terminate the contract for the
1maintenance of the device during the period that the court ordered under par. (b)
2without the court's permission.
SB66, s. 11
3Section
11. 346.65 (2) (am) 3. of the statutes is amended to read:
SB66,8,104
346.65
(2) (am) 3. Except as provided in
subd. 3m. and pars. (cm), (f), and (g),
5shall be fined not less than $600 nor more than $2,000 and imprisoned for not less
6than 30 days nor more than one year in the county jail if the number of convictions
7under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of
8suspensions, revocations, and other convictions counted under s. 343.307 (1), equals
93, except that suspensions, revocations, or convictions arising out of the same
10incident or occurrence shall be counted as one.
SB66, s. 12
11Section
12. 346.65 (2) (am) 3m. of the statutes is created to read:
SB66,8,1712
346.65
(2) (am) 3m. Except as provided in pars. (cm), (f), and (g), is guilty of a
13Class I felony and shall be fined not less than $600 and imprisoned for not less than
1460 days if the number of suspensions, revocations, and other convictions counted
15under s. 343.307 (1) within a 5-year period, equals 3, except that suspensions,
16revocations, or convictions arising out of the same incident or occurrence shall be
17counted as one.
SB66, s. 13
18Section
13. 346.65 (2) (am) 4. of the statutes is amended to read:
SB66,8,2519
346.65
(2) (am) 4. Except as provided in pars. (f) and (g),
is guilty of a Class I
20felony and shall be fined not less than $600
nor more than $2,000 and imprisoned
21for not less than 60 days
nor more than one year in the county jail if the number of
22convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total
23number of suspensions, revocations and other convictions counted under s. 343.307
24(1), equals 4, except that suspensions, revocations or convictions arising out of the
25same incident or occurrence shall be counted as one.
SB66, s. 14
1Section
14. 346.65 (2) (bm) of the statutes is amended to read:
SB66,9,132
346.65
(2) (bm) In
Winnebago County
any county that opts to offer a reduced
3minimum period of imprisonment for the successful completion of a probation period
4that includes alcohol and other drug treatment, if the number of convictions under
5ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of
6suspensions, revocations, and other convictions counted under s. 343.307 (1) within
7a 10-year period, equals 2, except that suspensions, revocations, or convictions
8arising out of the same incident or occurrence shall be counted as one, the fine shall
9be the same as under par. (am) 2., but the period of imprisonment shall be not less
10than 5 days, except that if the person successfully completes a period of probation
11that includes alcohol and other drug treatment, the period of imprisonment shall be
12not less than 5 nor more than 7 days. A person may be sentenced under this
13paragraph or under par. (cm) or sub. (2j) (bm) or (cm) or (3r) once in his or her lifetime.
SB66, s. 15
14Section
15. 346.65 (2) (cm) of the statutes is amended to read:
SB66,9,2415
346.65
(2) (cm) In
Winnebago County
any county that opts to offer a reduced
16minimum period of imprisonment for the successful completion of a probation period
17that includes alcohol and other drug treatment, if the number of convictions under
18ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of
19suspensions, revocations, and other convictions counted under s. 343.307 (1) within
20a 10-year period, equals 3, except that suspensions, revocations, or convictions
21arising out of the same incident or occurrence shall be counted as one, the fine shall
22be the same as under par. (am) 3., but the period of imprisonment shall be not less
23than 30 days, except that if the person successfully completes a period of probation
24that includes alcohol and other drug treatment, the period of imprisonment shall be
1not less than 10 days. A person may be sentenced under this paragraph or under par.
2(bm) or sub. (2j) (bm) or (cm) or (3r) once in his or her lifetime.
SB66, s. 16
3Section
16. 346.65 (2j) (bm) of the statutes is amended to read:
SB66,10,154
346.65
(2j) (bm) In
Winnebago County
any county that opts to offer a reduced
5minimum period of imprisonment for the successful completion of a probation period
6that includes alcohol and other drug treatment, if the number of convictions under
7ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of
8suspensions, revocations, and other convictions counted under s. 343.307 (1) within
9a 10-year period, equals 2, except that suspensions, revocations, or convictions
10arising out of the same incident or occurrence shall be counted as one, the fine shall
11be the same as under par. (am) 2., but the period of imprisonment shall be not less
12than 5 days, except that if the person successfully completes a period of probation
13that includes alcohol and other drug treatment, the period of imprisonment shall be
14not less than 5 nor more than 7 days. A person may be sentenced under this
15paragraph or under par. (cm) or sub. (2) (bm) or (cm) or (3r) once in his or her lifetime.
SB66, s. 17
16Section
17. 346.65 (2j) (cm) of the statutes is amended to read:
SB66,11,317
346.65
(2j) (cm) In
Winnebago County
any county that opts to offer a reduced
18minimum period of imprisonment for the successful completion of a probation period
19that includes alcohol and other drug treatment, if the number of convictions under
20ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of
21suspensions, revocations, and other convictions counted under s. 343.307 (1) within
22a 10-year period, equals 3 or more, except that suspensions, revocations, or
23convictions arising out of the same incident or occurrence shall be counted as one, the
24fine shall be the same as under par. (am) 3., but the period of imprisonment shall be
25not less than 30 days, except that if the person successfully completes a period of
1probation that includes alcohol and other drug treatment, the period of
2imprisonment shall be not less than 10 days. A person may be sentenced under this
3paragraph or under par. (bm) or sub. (2) (bm) or (cm) or (3r) once in his or her lifetime.
SB66, s. 18
4Section
18. 346.65 (2m) (a) of the statutes is amended to read:
SB66,11,135
346.65
(2m) (a) In imposing a sentence under sub. (2) for a violation of s. 346.63
6(1) (am) or (b) or (5) or a local ordinance in conformity therewith, the court shall
7review the record and consider the aggravating and mitigating factors in the matter
8and the sentencing guidelines adopted under s. 758.13 (2) (h). If the amount of
9alcohol in the person's blood or urine or the amount of a restricted controlled
10substance in the person's blood is known, the court shall consider that amount as a
11factor in sentencing.
The chief judge of each judicial administrative district shall
12adopt guidelines, under the chief judge's authority to adopt local rules under SCR
1370.34, for the consideration of aggravating and mitigating factors.
SB66, s. 19
14Section
19. 346.65 (3r) of the statutes is amended to read:
SB66,12,215
346.65
(3r) In
Winnebago County any county that opts to offer a reduced
16minimum period of imprisonment for the successful completion of a probation period
17that includes alcohol and other drug treatment, any person violating s. 346.63 (2) or
18(6) shall be fined the same as under sub. (3m), but the period of imprisonment shall
19be not less than 30 days, except that if the person successfully completes a period of
20probation that includes alcohol and other drug treatment, the period of
21imprisonment shall be not less than 15 days. If there was a minor passenger under
2216 years of age in the motor vehicle at the time of the violation that gave rise to the
23conviction under s. 346.63 (2) or (6), the offense is a felony, the applicable minimum
24and maximum fines or periods of imprisonment for the conviction are doubled and
25the place of imprisonment shall be determined under s. 973.02. A person may be
1sentenced under this subsection or under sub. (2) (bm) or (cm) or (2j) (bm) or (cm) once
2in his or her lifetime.
SB66, s. 20
3Section
20. 346.65 (8) of the statutes is repealed.
SB66, s. 21
4Section
21. 346.655 (1) of the statutes is amended to read:
SB66,12,125
346.655
(1) If a court imposes a fine or a forfeiture for a violation of s. 346.63
6(1) or (5),
except for a first violation of s. 346.63 (1) (b), if the person who committed
7the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at
8the time of the violation, or a local ordinance in conformity therewith, or s. 346.63
9(2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, it shall
10impose a driver improvement surcharge under ch. 814 in an amount of $365 in
11addition to the fine or forfeiture, plus costs, fees, and other surcharges imposed under
12ch. 814.
SB66, s. 22
13Section
22. 757.05 (1) (a) of the statutes is amended to read:
SB66,13,214
757.05
(1) (a) Whenever a court imposes a fine or forfeiture for a violation of
15state law or for a violation of a municipal or county ordinance except for a violation
16of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5),
or for a first violation of s.
1723.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who
18committed the violation had a blood alcohol concentration of 0.08 or more but less
19than 0.1 at the time of the violation, or for a violation of state laws or municipal or
20county ordinances involving nonmoving traffic violations, violations under s. 343.51
21(1m) (b), or safety belt use violations under s. 347.48 (2m), there shall be imposed in
22addition a penalty surcharge under ch. 814 in an amount of 26 percent of the fine or
23forfeiture imposed. If multiple offenses are involved, the penalty surcharge shall be
24based upon the total fine or forfeiture for all offenses. When a fine or forfeiture is
1suspended in whole or in part, the penalty surcharge shall be reduced in proportion
2to the suspension.
SB66, s. 23
3Section
23. 758.13 (2) (h) of the statutes is created to read:
SB66,13,74
758.13
(2) (h) Adopt advisory sentencing guidelines for violations of s. 346.63
5(1) or (2), 940.09 (1), or 940.25 to promote public safety, to reflect changes in
6sentencing practices, and to preserve the integrity of the judicial, criminal justice,
7and correctional systems.
SB66, s. 24
8Section
24. 758.13 (2) (i) of the statutes is created to read:
SB66,13,129
758.13
(2) (i) Provide information to judges and attorneys about the sentencing
10guidelines adopted under par. (h), which shall include annual reports that include
11the most current sentencing guidelines and all changes in existing sentencing
12guidelines adopted during the 12 months preceding the report.
SB66, s. 25
13Section
25. 814.63 (1) (c) of the statutes is amended to read:
SB66,13,1914
814.63
(1) (c) This subsection does not apply to an action for a violation of s.
15101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5),
for a first violation of s. 23.33
16(4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who
17committed the violation had a blood alcohol concentration of 0.08 or more but less
18than 0.1 at the time of the violation, or for a violation under s. 343.51 (1m) (b)
, or a
19safety belt use violation under s. 347.48 (2m).
SB66, s. 26
20Section
26. 814.63 (2) of the statutes is amended to read:
SB66,14,421
814.63
(2) Upon the disposition of a forfeiture action in circuit court for
22violation of a county, town, city, village, town sanitary district or public inland lake
23protection and rehabilitation district ordinance, except for an action
for a first
24violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the
25person who committed the violation had a blood alcohol concentration of 0.08 or more
1but less than 0.1 at the time of the violation, or for a violation under s. 343.51 (1m)
2(b) or a safety belt use violation under s. 347.48 (2m), the county, town, city, village,
3town sanitary district or public inland lake protection and rehabilitation district
4shall pay a nonrefundable fee of $5 to the clerk of circuit court.
SB66, s. 27
5Section
27. 814.65 (1) of the statutes is amended to read:
SB66,14,166
814.65
(1) Court costs. In a municipal court action, except for an action
for
7a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1)
8(b), if the person who committed the violation had a blood alcohol concentration of
90.08 or more but less than 0.1 at the time of the violation, or for a violation of an
10ordinance in conformity with s. 343.51 (1m) (b) or 347.48 (2m), the municipal judge
11shall collect a fee of not less than $15 nor more than $28 on each separate matter,
12whether it is on default of appearance, a plea of guilty or no contest, on issuance of
13a warrant or summons, or the action is tried as a contested matter. Of each fee
14received by the judge under this subsection, the municipal treasurer shall pay
15monthly $5 to the secretary of administration for deposit in the general fund and
16shall retain the balance for the use of the municipality.
SB66, s. 28
17Section
28. 814.85 (1) (a) of the statutes is amended to read:
SB66,14,2518
814.85
(1) (a) Except for an action for
a first violation of s. 23.33 (4c) (a) 2.,
1930.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the
20violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the
21time of the violation, or for a violation under s. 343.51 (1m) (b) or a safety belt use
22violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $68
23court support services surcharge from any person, including any governmental unit
24as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am) or
25814.63 (1).
SB66, s. 29
1Section
29. 814.86 (1) of the statutes is amended to read:
SB66,15,102
814.86
(1) Except for an action for
a first violation of s. 23.33 (4c) (a) 2., 30.681
3(1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation
4had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the
5violation, or for a violation under s. 343.51 (1m) (b) or a safety belt use violation under
6s. 347.48 (2m), the clerk of circuit court shall charge and collect a $12 justice
7information system surcharge from any person, including any governmental unit, as
8defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62
9(1), (2), or (3) (a) or (b), or 814.63 (1). The justice information system surcharge is in
10addition to the surcharge listed in sub. (1m).
SB66,15,1512
(1) This act first applies to violations committed on the effective date of this
13subsection but does not preclude the counting of other convictions, suspensions, or
14revocations as prior convictions, suspensions, or revocations for purposes of
15administrative action by the department of transportation or sentencing by a court.