AB670: Bill Text

AB670, s. 16 Section 16. 340.01 (46m) (c) 3. of the statutes is created to read:

AB670,7,20 340.01 (46m) (c) 3. The person has 3 or more prior convictions, suspensions, or revocations, as counted under s. 343.307 (1).

AB670, s. 17 Section 17. 345.20 (2) (c) of the statutes is amended to read:

AB670,7,24 345.20 (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.

AB670, s. 18 Section 18. 345.24 (1) of the statutes is amended to read:

AB670,8,7 345.24 (1) A Except as provided in sub. (1m) (a), a person arrested under s. 346.63 (1) or (5) or an ordinance in conformity therewith with s. 346.63 (5) or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, may not be released until 12 hours have elapsed from the time of his or her arrest or unless a chemical test administered under s. 343.305 shows that the person has an alcohol concentration of less than 0.04, but the person may be released to his or her attorney, spouse, relative or other responsible adult at any time after arrest.

AB670, s. 19 Section 19. 345.24 (1m) of the statutes is created to read:

AB670,8,14 345.24 (1m) (a) An officer may release the arrested person to his or her attorney, spouse, relative, or other responsible adult if the person to whom the arrested person is released accepts, in writing, legal responsibility for the actions of the arrested person for 12 hours after the time of the arrest and acknowledges the penalty set forth in sub. (3). Except as provided in par. (b), the officer shall seize or immobilize the vehicle used in the offense for 12 hours after the time of the arrest.

AB670,8,18 (b) An officer may release the vehicle used in the offense to a member of the arrested person's household if the member of the household is licensed to operate the vehicle and the vehicle is the only vehicle owned or leased by any member of the arrested person's household.

AB670, s. 20 Section 20. 345.24 (3) of the statutes is created to read:

AB670,8,25 345.24 (3) If, subsequent to being released under sub. (1m), the arrested person is convicted of a violation of s. 346.63 (1) or (5) or an ordinance in conformity with s. 346.63 (5) or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, and the violation occurred within 12 hours after the person was arrested, the attorney, spouse, relative, or other responsible adult to whom the arrested person was released is guilty of a Class C misdemeanor.

AB670, s. 21 Section 21. 346.65 (2) (am) 1. of the statutes is amended to read:

AB670,9,3 346.65 (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.

AB670, s. 22 Section 22. 346.65 (2) (f) 1. of the statutes is repealed.

AB670, s. 23 Section 23. 346.65 (2) (f) 2. of the statutes is renumbered 346.65 (2) (f) and amended to read:

AB670,9,13 346.65 (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 fines and imprisonment under par. (am) 2. to 7. for the conviction are doubled. An offense under s. 346.63 (1) that subjects a person to a penalty under par. (am) 3., 4., 4m., 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.

AB670, s. 24 Section 24. 346.65 (2) (h) of the statutes is created to read:

AB670,9,21 346.65 (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.

AB670, s. 25 Section 25. 346.65 (2c) of the statutes is amended to read:

AB670,9,25 346.65 (2c) In sub. (2) (am) 2., 3., 4., 4m., 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., 4m., 5., 6., and 7.

AB670, s. 26 Section 26. 346.65 (2e) of the statutes is amended to read:

AB670,10,11 346.65 (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).

AB670, s. 27 Section 27. 346.65 (2g) (a) of the statutes is amended to read:

AB670,10,21 346.65 (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., 4m., and 5. 1., (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).

AB670, s. 28 Section 28. 346.65 (2g) (ag) of the statutes is amended to read:

AB670,11,5 346.65 (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., 4m., 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.

AB670, s. 29 Section 29. 346.65 (2g) (am) of the statutes is amended to read:

AB670,11,16 346.65 (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.

AB670, s. 30 Section 30. 346.65 (2g) (d) of the statutes is repealed.

AB670, s. 31 Section 31. 346.65 (2i) of the statutes is amended to read:

AB670,12,18 346.65 (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.

AB670, s. 32 Section 32. 349.02 (2) (a) of the statutes is amended to read:

AB670,13,7 349.02 (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).

AB670, s. 33 Section 33. 753.19 of the statutes is amended to read:

AB670,13,15 753.19 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.

AB670, s. 34 Section 34. 969.01 (2) (a) of the statutes is amended to read:

AB670,13,24 969.01 (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 conviction for a 3rd or subsequent violation that is counted as a suspension, revocation, or conviction under s. 343.307, or under s. 940.09 (1) or 940.25 in the person's lifetime under s. 346.63 (1) or (2) or 940.25 or under s. 940.09, if the offense involved the use of a vehicle, or a combination thereof, until after the person has been imprisoned for at least the applicable minimum period of imprisonment for the violation.

AB670, s. 35 Section 35. 972.11 (3m) of the statutes is amended to read:

AB670,14,5 972.11 (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.

AB670, s. 36 Section 36. 973.15 (8) (a) 3. of the statutes is amended to read:

AB670,14,13 973.15 (8) (a) 3. For not more than 60 days, except that the court may not stay execution of a person's sentence of imprisonment or to the intensive sanctions program under this subdivision if the sentence is for a 3rd or subsequent violation that is counted as a suspension, revocation, or conviction under s. 343.307, or a violation of s. 940.09 (1) or 940.25 in the person's lifetime, 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, or a combination thereof.

AB670, s. 37 Section 37. 977.02 (2g) of the statutes is created to read:

AB670,14,17 977.02 (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.

AB670, s. 38 Section 38. 978.05 (1p) of the statutes is created to read:

AB670,14,22 978.05 (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.

AB670, s. 39 Section 39 . Nonstatutory provisions.

AB670,15,10 (1) District attorneys. The department of administration shall prepare a budget request for the 2013-15 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.

AB670,15,22 (2) Public defenders. The public defender board shall prepare a budget request for the 2013-15 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.

AB670,16,9 (3) State circuit courts. The director of state courts shall prepare a budget request for the 2013-15 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.

AB670,17,2 (4) Counties. The department of administration shall prepare a budget request for the 2013-15 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, 2012, an estimate of costs for the 2013-15 fiscal biennium related to prosecuting and defending in circuit court, and imprisoning, persons charged with 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.

AB670,17,16 (5) Health services. The department of health services shall prepare a budget request for the 2013-2015 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, 2012, an estimate of costs for the 2013-15 fiscal biennium related to providing alcohol and drug abuse treatment services to persons charged with 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.

AB670, s. 40 Section 40. Initial applicability.

AB670,17,21 (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.

AB670, s. 41 Section 41. Effective dates. This act takes effect on first day of the 3rd month beginning after publication, except as follows:

AB670,17,24 (1) Section 39 of this act takes effect on the day after publication.

AB670,18,5 (2) The treatment 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 (45), 139.27, 302.372 (2) (a) (intro), 345.20 (2) (c), 346.65 (2) (am) 1. and (f) 1. and 2., (2c), (2e), (2g) (a), (ag), (am), and (d), and (2i), 753.19, 972.11 (3m), 973.09 (1) (d) 1., 977.02 (2g), and 978.05 (1p) of the statutes takes effect on July 1, 2013.

AB670,18,6 (End)