AB439: Bill Text

AB439, s. 63 Section 63. 350.01 (10r) of the statutes is renumbered 350.01 (17m) and amended to read:

AB439,23,18 350.01 (17m) "Refusal Snowmobiling refusal law" means s. 350.104 (5) or a local ordinance in conformity therewith.

AB439, s. 64 Section 64. 350.055 (1) of the statutes is amended to read:

AB439,24,12 350.055 (1) The department shall establish a program of instruction on snowmobile laws, including the intoxicated snowmobiling law, regulations, safety and related subjects. The program shall be conducted by instructors certified by the department. The department may procure liability insurance coverage for certified instructors for work within the scope of their duties under this section. For each person who is under the age of 16 years, the program shall include 6 hours of classroom instruction, and the instructor may provide to the person up to 2 additional hours of instruction on a snowmobile as to how it is actually operated. Each person satisfactorily completing this program shall receive a snowmobile safety certificate from the department. The department shall establish by rule an instruction fee for this program. An instructor conducting a program of instruction under this section shall collect the instruction fee from each person who receives instruction. The department may determine the portion of this fee, which may not exceed 50%, that the instructor may retain to defray expenses incurred by the instructor in conducting the program. The instructor shall remit the remainder of the fee or, if nothing is retained, the entire fee to the department. The department shall issue a duplicate certificate of accomplishment to a person who is entitled to a duplicate certificate of accomplishment and who pays a fee of $2.75.

AB439, s. 65 Section 65. 350.101 (1) (c) of the statutes is amended to read:

AB439,24,17 350.101 (1) (c) Operating with alcohol concentrations at specified levels; below legal drinking age 19. If a A person who has not attained the legal drinking age of 19, the person may not engage in the operation of a snowmobile while he or she has an alcohol concentration of more than 0.0 but not more less than 0.08.

AB439, s. 66 Section 66. 350.101 (1) (d) of the statutes is amended to read:

AB439,25,2 350.101 (1) (d) Related charges. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of any combination of par. (a), (b), or (bm) for acts arising out of the same incident or occurrence. If the person is charged with violating any combination of par. (a), (b), or (bm), the offenses shall be joined. If the person is found guilty of any combination of par. (a), (b), or (bm) for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 350.11 (3) (a) 2. and 3. to 5. Paragraphs (a), (b), and (bm) each require proof of a fact for conviction which the others do not require.

AB439, s. 67 Section 67. 350.101 (2) (c) of the statutes is amended to read:

AB439,25,13 350.101 (2) (c) Related charges. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of any combination of par. (a), (b), or (bm) for acts arising out of the same incident or occurrence. If the person is charged with violating any combination of par. (a), (b), or (bm) in the complaint, the crimes shall be joined under s. 971.12. If the person is found guilty of any combination of par. (a), (b), or (bm) for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 350.11 (3) (a) 2. and 3. to 5. Paragraphs (a), (b), and (bm) each require proof of a fact for conviction which the others do not require.

AB439, s. 68 Section 68. 350.106 of the statutes is amended to read:

AB439,25,18 350.106 Report arrest to department. If a law enforcement officer arrests a person for a violation of the intoxicated snowmobiling law or the snowmobiling refusal law, the law enforcement officer shall notify the department of the arrest as soon as practicable.

AB439, s. 69 Section 69. 350.1075 of the statutes is created to read:

AB439,26,2 350.1075 Suspension or revocation of operating privileges. (1) Orders to suspend or revoke. (a) If a court imposes a penalty for a violation of the intoxicated snowmobiling law or the snowmobiling refusal law, the court shall order the suspension of the person's privilege to operate a recreational vehicle for a period of not less than 12 months and not more than 16 months. Whenever a court suspends an operating privilege under this paragraph, the court shall notify the department of that action.

AB439,26,14 (b) In addition to the order under par. (a), the court shall also order the revocation of the person's privilege to operate a motor vehicle on public premises, as defined in s. 23.33 (1) (jc), if the person, within 5 years prior to the arrest for the current violation of the intoxicated snowmobiling law or the snowmobiling refusal law, violated the intoxicated operating law or the recreational vehicle and boating refusal law. The period of revocation shall be not less than 6 months and not more than 12 months. Whenever a court revokes an operating privilege under this paragraph, the court may take possession of the revoked license. If the court takes possession of the revoked license, the court shall destroy the license. The court shall forward to the department of transportation the record of the conviction and notice of revocation. The person is eligible for an occupational license under s. 343.10 at any time.

AB439,26,16 (2) Operating while suspended or revoked. (a) No person may operate a recreational vehicle in violation of a suspension order imposed under sub. (1) (a).

AB439,26,19 (b) No person may operate a snowmobile during the time that the person's motor vehicle operating privilege is suspended or revoked for a conviction counted under s. 343.307 (1).

AB439, s. 70 Section 70. 350.11 (3) (a) 1. of the statutes is amended to read:

AB439,26,23 350.11 (3) (a) 1. Except as provided under subds. 2. and 3. to 5., a person who violates s. 350.101 (1) (a), (b), or (bm) or s. 350.104 (5) shall forfeit not less than $400 nor more than $550.

AB439, s. 71 Section 71. 350.11 (3) (a) 2. of the statutes is amended to read:

AB439,27,6 350.11 (3) (a) 2. Except as provided under subd. 3., a A person who violates s. 350.101 (1) (a), (b), or (bm) or 350.104 (5) and who, within 5 years prior to the arrest for the current violation, was convicted one time previously under the intoxicated snowmobiling operating law or the recreational vehicle and boating refusal law shall be fined not less than $300 nor more than $1,000 $1,100 and shall be imprisoned not less than 5 days nor more than 6 months one year in the county jail.

AB439, s. 72 Section 72. 350.11 (3) (a) 3. of the statutes is amended to read:

AB439,27,13 350.11 (3) (a) 3. A person who violates s. 350.101 (1) (a), (b), or (bm) or 350.104 (5) and who, within 5 years prior to the arrest for the current violation, was convicted 2 or more times previously under the intoxicated snowmobiling operating law or, the recreational vehicle and boating refusal law, or any combination of these laws, shall be fined not less than $600 nor more than $2,000 and shall be imprisoned not less than 30 days nor more than one year in the county jail.

AB439, s. 73 Section 73. 350.11 (3) (a) 4. of the statutes is renumbered 350.11 (3) (a) 6. and amended to read:

AB439,27,18 350.11 (3) (a) 6. A person who violates s. 350.101 (1) (c) or who violates 350.104 (5) and who has not attained the legal drinking age of 19 shall forfeit not more than $50.

AB439, s. 74 Section 74. 350.11 (3) (a) 4b. of the statutes is created to read:

AB439,27,25 350.11 (3) (a) 4b. A person who violates s. 350.101 (1) (a), (b), or (bm) or 350.104 (5) and who, within 5 years prior to the arrest for the current violation, was convicted 3 times previously under the intoxicated operating law, the recreational vehicle and boating refusal law, or any combination of these laws, shall be fined not less than $600 nor more than $2,000 and shall be imprisoned not less than 60 days nor more than one year in the county jail.

AB439, s. 75 Section 75. 350.11 (3) (a) 5. of the statutes is created to read:

AB439,28,7 350.11 (3) (a) 5. A person who violates s. 350.101 (1) (a), (b), or (bm) or 350.104 (5) and who, within 5 years prior to the arrest for the current violation, was convicted 4 or more times previously under the intoxicated operating law, the recreational vehicle and boating refusal law, or any combination of these laws, shall be fined not less than $600 nor more than $2,000 and shall be imprisoned not less than 6 months nor more than one year in the county jail.

AB439, s. 76 Section 76. 350.11 (3) (am) of the statutes is created to read:

AB439,28,13 350.11 (3) (am) Penalties related to operating with underage passengers. If there is a passenger under 16 years of age on a snowmobile at the time of a violation that gives rise to a conviction under s. 350.101 (1) (a), (b), or (bm) or 350.104 (5), the applicable minimum and maximum forfeitures, fines, and terms of imprisonment under par. (a) 1., 2., 3., 4b., and 5. for the conviction are doubled.

AB439, s. 77 Section 77. 350.11 (3) (ar) of the statutes is created to read:

AB439,28,25 350.11 (3) (ar) Alcohol and drug treatment alternatives. 1. In 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 suspensions, revocations, and convictions for a violation of the intoxicated snowmobiling law or the snowmobiling refusal law within a 5-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. (a) 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.

AB439,29,10 2. In 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 suspensions, revocations, and convictions for a violation of the intoxicated snowmobiling law or the snowmobiling refusal law within a 5-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. (a) 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 14 days.

AB439,29,20 3. In 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 suspensions, revocations, and convictions for a violation of the intoxicated snowmobiling law or the snowmobiling refusal law within a 5-year period equals 4, 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. (a) 4b., but the period of imprisonment shall be not less than 60 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 29 days.

AB439,29,22 4. A person may be sentenced under this paragraph or under s. 23.33 (13) (bm) or 30.80 (6) (ar) once in his or her lifetime.

AB439, s. 78 Section 78. 350.11 (3) (bg) of the statutes is created to read:

AB439,30,5 350.11 (3) (bg) Penalties related to suspension and revocation. 1. A person who operates a recreational vehicle in violation of s. 350.1075 (2) (a) is subject to a forfeiture of not less than $50 nor more than $250. In addition, for each such violation, the court may suspend the person's privilege to operate a recreational vehicle for a period of not more than 6 months. Whenever a court suspends an operating privilege under this subdivision, the court shall notify the department of that action.

AB439,30,10 2. A person who operates a snowmobile in violation of s. 350.1075 (2) (b) is subject to a forfeiture of not less than $150 nor more than $300. In addition, the court may suspend the person's privilege to operate a recreational vehicle for a period of not more than 6 months. Whenever a court suspends an operating privilege under this subdivision, the court shall notify the department of that action.

AB439, s. 79 Section 79. 350.11 (3) (bm) of the statutes is amended to read:

AB439,30,15 350.11 (3) (bm) Sentence of detention. The legislature intends that courts use the sentencing option under s. 973.03 (4) whenever appropriate for persons subject to par. (a) 2. or, 3., 4b., or 5. or (b). The use of this option can result in significant cost savings for the state and local governments.

AB439, s. 80 Section 80. 350.11 (3) (c) of the statutes is renumbered 350.11 (3) (c) 1. and amended to read:

AB439,30,20 350.11 (3) (c) 1. In determining the number of previous convictions under par. (a) 2. and 3. to 5., convictions arising out of the same incident or occurrence shall be counted as one previous conviction.

AB439, s. 81 Section 81. 350.11 (3) (c) 2. of the statutes is created to read:

AB439,31,5 350.11 (3) (c) 2. In determining the number of previous convictions under par. (a) 2. to 5., previous convictions under the intoxicated snowmobiling law or the snowmobiling refusal law that occurred before, on, or after the effective date of this subdivision .... [LRB inserts date], and previous convictions under the intoxicated operation of an all-terrain vehicle law, as defined in s. 23.33 (1) (ic), the all-terrain vehicle refusal law, as defined in s. 23.33 (1) (br), the intoxicated boating law, as defined in s. 30.50 (4m), or the boating refusal law, as defined in s. 30.50 (2c), that occur after the effective date of this subdivision .... [LRB inserts date], shall count as previous convictions.

AB439, s. 82 Section 82. 350.11 (3) (cm) of the statutes is amended to read:

AB439,31,12 350.11 (3) (cm) Reporting convictions to the department. Whenever a person is convicted of a violation of the intoxicated snowmobiling law or the snowmobiling refusal law, the clerk of the court in which the conviction occurred, or the justice, judge or magistrate of a court not having a clerk, shall forward to the department the record of such conviction. The record of conviction forwarded to the department shall state whether the offender was involved in an accident at the time of the offense.

AB439, s. 83 Section 83. 350.11 (3) (e) of the statutes is created to read:

AB439,31,21 350.11 (3) (e) Certificate of completion of safety program. In addition to any other penalty or order, a person who for the first time violates the intoxicated snowmobiling law or the snowmobiling refusal law shall be ordered by the court to obtain a certificate of satisfactory completion of a safety program established under s. 350.055 (1). If the person has a valid certificate at the time that the court imposes sentence for such a violation, the court shall permanently revoke the certificate and order the person to obtain another certificate of satisfactory completion of the safety program.

AB439, s. 84 Section 84. 940.09 (1m) (b) of the statutes is amended to read:

AB439,32,7 940.09 (1m) (b) If a person is charged in an information with any of the combinations of crimes referred to in par. (a), the crimes shall be joined under s. 971.12. If the person is found guilty of more than one of the crimes so charged for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 23.33 (13) (b) 2. and 3. to 5., under s. 30.80 (6) (a) 2. and 3. to 5., under s. 343.307 (1) or under s. 350.11 (3) (a) 2. and 3. to 5. Subsection (1) (a), (am), (b), (bm), (c), (cm), (d), and (e) each require proof of a fact for conviction which the others do not require, and sub. (1g) (a), (am), (b), (c), (cm), and (d) each require proof of a fact for conviction which the others do not require.

AB439, s. 85 Section 85. 940.25 (1m) (b) of the statutes is amended to read:

AB439,32,17 940.25 (1m) (b) If a person is charged in an information with any of the combinations of crimes referred to in par. (a), the crimes shall be joined under s. 971.12. If the person is found guilty of more than one of the crimes so charged for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 23.33 (13) (b) 2. and 3. to 5., under s. 30.80 (6) (a) 2. or 3. to 5., under ss. 343.30 (1q) and 343.305 or under s. 350.11 (3) (a) 2. and 3. to 5. Subsection (1) (a), (am), (b), (bm), (c), (cm), (d), and (e) each require proof of a fact for conviction which the others do not require.

AB439, s. 86 Section 86. Effective date.

AB439,32,20 (1) This act takes effect on the first day of the 4th month beginning after publication.

AB439,32,21 (End)