AB180-SA2,3p 13Section 3p. 346.65 (2) (am) 4m. of the statutes is repealed.
AB180-SA2,3t 14Section 3t. 346.65 (2) (am) 5. of the statutes is amended to read:
AB180-SA2,3,2015 346.65 (2) (am) 5. Except as provided in pars. (f) and (g), is guilty of a Class H
16felony and shall be fined not less than $600 and imprisoned for not less than 6 months
17if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime,
18plus the total number of suspensions, revocations and other convictions counted
19under s. 343.307 (1), equals 4, 5 or 6, except that suspensions, revocations or
20convictions arising out of the same incident or occurrence shall be counted as one.".
AB180-SA2,3,21 213. Page 4, line 15: after that line insert:
AB180-SA2,3,22 22" Section 5b. 346.65 (2) (bm) of the statutes is amended to read:
AB180-SA2,4,1023 346.65 (2) (bm) In any county that opts to offer a reduced minimum period of
24imprisonment for the successful completion of a probation period that includes

1alcohol and other drug treatment, if the number of convictions under ss. 940.09 (1)
2and 940.25 in the person's lifetime, plus the total number of suspensions,
3revocations, and other convictions counted under s. 343.307 (1) within a 10-year
4period
, equals 2, except that suspensions, revocations, or convictions arising out of
5the same incident or occurrence shall be counted as one, the fine shall be the same
6as under par. (am) 2., but the period of imprisonment shall be not less than 5 days,
7except that if the person successfully completes a period of probation that includes
8alcohol and other drug treatment, the period of imprisonment shall be not less than
95 nor more than 7 days. A person may be sentenced under this paragraph or under
10par. (cm) or (dm) or sub. (2j) (bm), (cm), or (cr) or (3r) once in his or her lifetime.
AB180-SA2,5d 11Section 5d. 346.65 (2) (dm) of the statutes is amended to read:
AB180-SA2,4,2412 346.65 (2) (dm) In any county that opts to offer a reduced minimum period of
13imprisonment for the successful completion of a probation period that includes
14alcohol and other drug treatment, if the number of convictions under ss. 940.09 (1)
15and 940.25 in the person's lifetime, plus the total number of suspensions,
16revocations, and other convictions counted under s. 343.307 (1) equals 4, and par.
17(am) 4m. does not apply,
except that suspensions, revocations, or convictions arising
18out of the same incident or occurrence shall be counted as one, the fine and the period
19of imprisonment
shall be the same as under par. (am) 4., but the period of
20imprisonment shall be not less than 60 days
5., except that if the person successfully
21completes a period of probation that includes alcohol and other drug treatment, the
22period of imprisonment shall be not less than 29 days 3 months. A person may be
23sentenced under this paragraph or under par. (bm) or (cm) or sub. (2j) (bm), (cm), or
24(cr) or (3r) once in his or her lifetime.
AB180-SA2,5f 25Section 5f. 346.65 (2) (f) 2. of the statutes is amended to read:
AB180-SA2,5,7
1346.65 (2) (f) 2. If there was a minor passenger under 16 years of age in the
2motor vehicle at the time of the violation that gave rise to the conviction under s.
3346.63 (1), the applicable minimum and maximum fines and imprisonment under
4par. (am) 2. to 7. for the conviction are doubled. An offense under s. 346.63 (1) that
5subjects a person to a penalty under par. (am) 3., 4., 4m., 5., 6., or 7. when there is
6a minor passenger under 16 years of age in the motor vehicle is a felony and the place
7of imprisonment shall be determined under s. 973.02.
AB180-SA2,5h 8Section 5h. 346.65 (2c) of the statutes is amended to read:
AB180-SA2,5,159 346.65 (2c) In sub. (2) (am) 2., 3., 4., 4m., 5., 6., and 7., the time period shall
10be measured from the dates of the refusals or violations that resulted in the
11revocation or convictions. If a person has a suspension, revocation, or conviction for
12any offense under a local ordinance or a state statute of another state that would be
13counted under s. 343.307 (1), that suspension, revocation, or conviction shall count
14as a prior suspension, revocation, or conviction under sub. (2) (am) 2., 3., 4., 4m., 5.,
156., and 7.
AB180-SA2,5j 16Section 5j. 346.65 (2g) (a) of the statutes is amended to read:
AB180-SA2,5,2517 346.65 (2g) (a) In addition to the authority of the court under s. 973.05 (3) (a)
18to provide that a defendant perform community service work for a public agency or
19a nonprofit charitable organization in lieu of part or all of a fine imposed under sub.
20(2) (am) 2., 3., 4., 4m., and 5., (f), and (g) and except as provided in par. (ag), the court
21may provide that a defendant perform community service work for a public agency
22or a nonprofit charitable organization in lieu of part or all of a forfeiture under sub.
23(2) (am) 1. or may require a person who is subject to sub. (2) to perform community
24service work for a public agency or a nonprofit charitable organization in addition
25to the penalties specified under sub. (2).
AB180-SA2,5L
1Section 5L. 346.65 (2g) (ag) of the statutes is amended to read:
AB180-SA2,6,92 346.65 (2g) (ag) If the court determines that a person does not have the ability
3to pay a fine imposed under sub. (2) (am) 2., 3., 4., 4m., or 5., (f), or (g), the court shall
4require the defendant to perform community service work for a public agency or a
5nonprofit charitable organization in lieu of paying the fine imposed or, if the amount
6of the fine was reduced under sub. (2e), in lieu of paying the remaining amount of the
7fine. Each hour of community service performed in compliance with an order under
8this paragraph shall reduce the amount of the fine owed by an amount determined
9by the court.
AB180-SA2,5n 10Section 5n. 346.65 (2j) (am) 2. of the statutes is amended to read:
AB180-SA2,6,1511 346.65 (2j) (am) 2. Except as provided in pars. (bm) and (d), shall be fined not
12less than $300 nor more than $1,000 and imprisoned for not less than 5 days nor more
13than 6 months if the number of prior convictions under ss. 940.09 (1) and 940.25 in
14the person's lifetime, plus the total number of other convictions, suspension, and
15revocations counted under s. 343.307 (2) within a 10-year period, equals 2.
AB180-SA2,5p 16Section 5p. 346.65 (2j) (bm) of the statutes is amended to read:
AB180-SA2,7,317 346.65 (2j) (bm) In any county that opts to offer a reduced minimum period of
18imprisonment for the successful completion of a probation period that includes
19alcohol and other drug treatment, if the number of convictions under ss. 940.09 (1)
20and 940.25 in the person's lifetime, plus the total number of suspensions,
21revocations, and other convictions counted under s. 343.307 (1) within a 10-year
22period
, equals 2, except that suspensions, revocations, or convictions arising out of
23the same incident or occurrence shall be counted as one, the fine shall be the same
24as under par. (am) 2., but the period of imprisonment shall be not less than 5 days,
25except that if the person successfully completes a period of probation that includes

1alcohol and other drug treatment, the period of imprisonment shall be not less than
25 nor more than 7 days. A person may be sentenced under this paragraph or under
3par. (cm) or (cr) or sub. (2) (bm), (cm), or (dm) or (3r) once in his or her lifetime.
AB180-SA2,5r 4Section 5r. 346.65 (2j) (cr) of the statutes is amended to read:
AB180-SA2,7,165 346.65 (2j) (cr) In any county that opts to offer a reduced minimum period of
6imprisonment for the successful completion of a probation period that includes
7alcohol and other drug treatment, if the number of convictions under ss. 940.09 (1)
8and 940.25 in the person's lifetime, plus the total number of suspensions,
9revocations, and other convictions counted under s. 343.307 (1) equals 4, and sub. (2)
10(am) 4m. does not apply,
except that suspensions, revocations, or convictions arising
11out of the same incident or occurrence shall be counted as one, the fine shall be the
12same as under par. (am) 3., but the period of imprisonment shall be not less than 60
13days, except that if the person successfully completes a period of probation that
14includes alcohol and other drug treatment, the period of imprisonment shall be not
15less than 29 days. A person may be sentenced under this paragraph or under par.
16(bm) or (cm) or sub. (2) (bm), (cm), or (dm) or (3r) once in his or her lifetime.".
AB180-SA2,7,17 174. Page 4, line 24: after that line insert:
AB180-SA2,7,18 18" Section 6t. 346.65 (7) of the statutes is amended to read:
AB180-SA2,7,2119 346.65 (7) A person convicted under sub. (2) (am) 2., 3., 4., 4m., 5., 6., or 7. or
20(2j) (am) 2. or 3. shall be required to remain in the county jail for not less than a
2148-consecutive-hour period.".
AB180-SA2,7,22 225. Page 5, line 12: after that line insert:
AB180-SA2,7,23 23" Section 7m. 973.09 (2) (am) of the statutes is repealed.".
AB180-SA2,8,2
16. Page 5, line 14: as affected by assembly amendments 1 and 2, delete that
2line and substitute:
AB180-SA2,8,6 3"(1) The treatment of sections 343.30 (1q) (b) 3., 343.305 (10) (b) 3., 343.31 (3)
4(bm) 3., 343.38 (1) (c) 2. d., 343.63 (2) (c) and (6) (d), 346.65 (2) (am) 2., 4., 4m., 5., 6.,
5and 7., (bm), (dm), and (f) 2., (2c), (2g) (a) and (ag), (2j) (am) 2., (bm), and (cr), (3m),
6(3r), (3t), and (7), and 973.09 (2) (am) of the statutes".
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