LRB-0732/2
EVM:eev:jf
2013 - 2014 LEGISLATURE
March 14, 2013 - Introduced by Representatives J. Ott, Stone, Bies, T. Larson,
Ballweg, Thiesfeldt and Tranel, cosponsored by Senators Darling, Leibham
and Carpenter. Referred to Committee on Judiciary.
AB72,1,4 1An Act to amend 973.075 (1) (b) 2m. b. and 973.075 (2) (intro.); and to create
2346.653, 973.075 (1) (b) 1m. h. and 973.075 (1) (b) 2m. bm. of the statutes;
3relating to: seizure and forfeiture of motor vehicles used in certain
4operating-while-intoxicated offenses and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, a law enforcement agency may acquire certain property
involved in the commission of crime through a forfeiture proceeding. The forfeiture
law applies to all property directly or indirectly derived from the commission of a
crime and certain other property related to the commission of a crime.
Also under current law, no one may operate a motor vehicle while under the
influence of an intoxicant or with a prohibited blood alcohol concentration or with a
detectable amount of a restricted controlled substance in his or her blood. A person
who does so, or who improperly refuses a field sobriety test, is guilty of an offense
related to operating while intoxicated (OWI-related offense) and is subject to
forfeitures or fines and periods of imprisonment that increase with each subsequent
OWI-related offense.
Under this bill, if a person commits a third or subsequent OWI-related offense,
the sentencing court may also order that the vehicle used in the offense be seized.
If a seizure is ordered, the district attorney prosecuting the offense must then initiate
a forfeiture proceeding regarding the vehicle. The seizure and forfeiture provisions
in this bill do not apply to a rental vehicle or a vehicle that was operated without the
knowledge or consent of the owner.

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:
AB72,1 1Section 1. 346.653 of the statutes is created to read:
AB72,2,10 2346.653 Seizure of motor vehicles. The court may order a law enforcement
3officer to seize the motor vehicle used in a violation or improper refusal under s.
4343.305 (10), 346.63 (1) or (2), 940.09 (1), or 940.25 if the person committing the
5violation or making the improper refusal has 2 or more prior suspensions,
6revocations, or convictions, counting convictions under ss. 940.09 (1) and 940.25 in
7the person's lifetime, plus other suspensions, revocations, or convictions counted
8under s. 343.307 (1). After seizure of the motor vehicle, the district attorney shall
9institute proceedings under s. 973.076 regarding the vehicle seized under this
10section.
AB72,2 11Section 2. 973.075 (1) (b) 1m. h. of the statutes is created to read:
AB72,2,1712 973.075 (1) (b) 1m. h. In a violation or improper refusal under s. 343.305 (10),
13346.63 (1) or (2), 940.09 (1), or 940.25 if the person making the improper refusal or
14committing the violation has 2 or more prior suspensions, revocations, or convictions,
15counting convictions under s. 940.09 (1) and 940.25 in the person's lifetime, plus
16other suspensions, revocations, or convictions counted under s. 343.307 (1). A vehicle
17under this subdivision is subject to seizure only upon court order under s. 346.653.
AB72,3 18Section 3. 973.075 (1) (b) 2m. b. of the statutes is amended to read:
AB72,3,219 973.075 (1) (b) 2m. b. No Except a vehicle seized under subd. 1m. h., and subject
20to subd. 2m. bm., no
vehicle is subject to forfeiture under ss. 973.075 to 973.077 by

1reason of any act or omission established by the owner of the vehicle to have been
2committed or omitted without his or her knowledge or consent.
AB72,4 3Section 4. 973.075 (1) (b) 2m. bm. of the statutes is created to read:
AB72,3,124 973.075 (1) (b) 2m. bm. No vehicle seized under subd. 1m. h. is subject to
5forfeiture under ss. 973.075 to 973.077 if the owner of the vehicle establishes that the
6vehicle is owned by a rental company, as defined in s. 344.51 (1g) (c), the vehicle was
7operated at the time of the violation or improper refusal by or with the consent of the
8renter, and the improper refusal or violation was committed without the company's
9knowledge or consent. No vehicle seized under subd. 1m. h. is subject to forfeiture
10under ss. 973.075 to 973.077 if the owner of the vehicle establishes that the vehicle
11was operated at the time of the violation or improper refusal without his or her
12knowledge or consent.
AB72,5 13Section 5. 973.075 (2) (intro.) of the statutes is amended to read:
AB72,3,1814 973.075 (2) (intro.) A law enforcement officer may seize property subject to this
15section upon process issued by any court of record having jurisdiction over the
16property. Except for vehicles seized under s. 346.653 or used in the commission of
17a crime in violation of s. 944.30, 944.31, 944.32, 944.33 or 944.34, seizure without
18process may be made under any of the following circumstances:
AB72,6 19Section 6. Initial applicability.
AB72,3,2120 (1) This act first applies to refusals made or violations committed on the
21effective date of this subsection.
AB72,3,2222 (End)
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