2013 - 2014 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 467
October 31, 2013 - Offered by Representatives J. Ott,
Goyke, Wachs and Hebl.
1An Act to renumber
343.301 (2m); to amend
347.413 (1) and 347.50 (1t); and 2to create
343.301 (2m) (b) of the statutes; relating to: the restriction to
3operation of a motor vehicle with an ignition interlock device.
Analysis by the Legislative Reference Bureau
Under current law, a court is required to order that a person's motor vehicle
operating privilege be restricted to operating vehicles that are equipped with an
ignition interlock device if a person commits a second or subsequent offense related
to operating a vehicle while intoxicated or a first offense while his or her alcohol
concentration is 0.15 or greater, refuses to take a test for intoxication, or injures or
kills a person while operating a vehicle while intoxicated. Under current law, the
operating privilege restriction begins on the date the Department of Transportation
issues an operator's license and stays in place for not less than one year nor more
than the maximum operating privilege revocation period permitted for the refusal
or violation. Under this bill, the person whose operating privilege is restricted to
operating a motor vehicle equipped with an ignition interlock device may not drive
any motor vehicle that is not equipped with an approved ignition interlock device
from the time that the order restricting his or her operating privilege is entered until
that order expires.
Under current law, a person who violates the operating privilege restriction by
failing to install, removing, disconnecting, or otherwise tampering with the ignition
interlock device may be fined not less than $150 nor more than $600, imprisoned for
not more than six months, or both, for the first offense, and may be fined not less than
$300 nor more than $1,000, or imprisoned for not more than six months, or both, for
a second or subsequent offense. This bill provides that a violation of the operating
privilege restriction is subject to the same penalty provided for failing to install,
removing, disconnecting, or otherwise tampering with the ignition interlock device.
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:
343.301 (2m) of the statutes is renumbered 343.301 (2m) (a).
343.301 (2m) (b) of the statutes is created to read:
(b) A person to whom an order under sub. (1g) applies may not 4
drive any motor vehicle that is not equipped with an approved ignition interlock 5
device from the time that the order is entered under sub. (1g) until that order expires. 6
Any person who violates this paragraph is subject to the penalties under s. 347.413 7
347.413 (1) of the statutes is amended to read:
No person may remove, disconnect, tamper with, or otherwise 10
circumvent the operation of an ignition interlock device installed in response to the 11
court order under s. 346.65 (6), 1999 stats., or s. 343.301 (1), 2007 stats., or s. 343.301 12
(1g), or fail to have the ignition interlock device installed as ordered by the court, or
13violate a court order under s. 343.301 (1g) restricting the person's operating
. This subsection does not apply to the removal of an ignition interlock 15
device upon the expiration of the order requiring the motor vehicle to be so equipped
or to necessary repairs to a malfunctioning ignition interlock device by a person 2
authorized by the department.
347.50 (1t) of the statutes is amended to read:
In addition to the penalty under sub. (1s), if a person who is subject 5
to an order under s. 343.301 violates s. 347.413, the court shall extend the order 6restricting the person's operating privilege
under s. 343.301 (1g) or (2m) for 6 months 7
for each violation.
(1) This act first applies to a court order issued on the effective date of this 10