SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 7
June 13, 2019 - Offered by Senator Darling.
SB7-SSA1,1,5 1An Act to renumber and amend 66.0114 (1) (b); to amend 343.30 (1q) (b) 3.,
2343.305 (10) (b) 3., 343.31 (3) (bm) 3., 346.65 (2) (am) 2., 346.65 (2) (bm) and
3800.035 (5) (a); and to create 66.0114 (1) (b) 2., 66.0114 (1) (b) 3., 345.26 (1) (b)
43., 800.035 (5) (am) and 967.055 (2m) of the statutes; relating to: court
5proceedings and penalties for offenses related to driving while intoxicated.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB7-SSA1,1 6Section 1. 66.0114 (1) (b) of the statutes is renumbered 66.0114 (1) (b) 1. and
7amended to read:
SB7-SSA1,2,78 66.0114 (1) (b) 1. Local ordinances, except as provided in this paragraph or ss.
9345.20 to 345.53, may contain a provision for stipulation of guilt or no contest of any
10or all violations under those ordinances, may designate the manner in which the
11stipulation is to be made, and may fix the penalty to be paid. When Except as

1provided in subd. 2., when
a person charged with a violation for which stipulation
2of guilt or no contest is authorized makes a timely stipulation and pays the required
3penalty, plus costs, fees, and surcharges imposed under ch. 814, to the designated
4official, the person need not appear in court and no witness fees or other additional
5costs, fees, or surcharges may be imposed under ch. 814 unless the local ordinance
6so provides. A court appearance is required for a violation of a local ordinance in
7conformity with s. 346.63 (1).
SB7-SSA1,2 8Section 2. 66.0114 (1) (b) 2. of the statutes is created to read:
SB7-SSA1,2,129 66.0114 (1) (b) 2. A person who is charged with a violation of a local ordinance
10in conformity with s. 346.63 (1) or (5) shall appear, in person, in court to plead guilty,
11no contest, or not guilty. A person who fails to appear, in person, in court is subject
12to a $300 surcharge pursuant to subd. 3.
SB7-SSA1,3 13Section 3. 66.0114 (1) (b) 3. of the statutes is created to read:
SB7-SSA1,2,1514 66.0114 (1) (b) 3. If a person who is required under subd. 2. to appear, in person,
15in court to enter a plea fails to appear in court, the court shall do all of the following:
SB7-SSA1,2,1716 a. Enter a default judgment against the person and impose the applicable
17penalties.
SB7-SSA1,2,2118 b. Impose a $300 surcharge on the person for his or her failure to appear. The
19court shall transmit the surcharge under this subd. 3. b. to the county treasurer of
20the county in which the violation occurred for use only for substance use prevention
21and treatment.
SB7-SSA1,4 22Section 4. 343.30 (1q) (b) 3. of the statutes is amended to read:
SB7-SSA1,3,523 343.30 (1q) (b) 3. Except as provided in sub. (1r) or subd. 4m., if the number
24of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total
25number of other convictions, suspensions, and revocations counted under s. 343.307

1(1) within a 10-year period, equals 2, the court shall revoke the person's operating
2privilege for not less than one year nor more than 18 months. After the first 45 days
3of the revocation period has elapsed, the person is eligible for an occupational license
4under s. 343.10 if he or she has completed the assessment and is complying with the
5driver safety plan ordered under par. (c).
SB7-SSA1,5 6Section 5. 343.305 (10) (b) 3. of the statutes is amended to read:
SB7-SSA1,3,157 343.305 (10) (b) 3. Except as provided in subd. 4m., if the number of convictions
8under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other
9convictions, suspensions, and revocations counted under s. 343.307 (2) within a
1010-year period
, equals 2, the court shall revoke the person's operating privilege for
112 years. After the first 90 days of the revocation period or, if the total number of
12convictions, suspensions, and revocations counted under this subdivision within any
135-year period equals 2 or more, after one year of the revocation period has elapsed,
14the person is eligible for an occupational license under s. 343.10 if he or she has
15completed the assessment and is complying with the driver safety plan.
SB7-SSA1,6 16Section 6. 343.31 (3) (bm) 3. of the statutes is amended to read:
SB7-SSA1,4,317 343.31 (3) (bm) 3. Except as provided in subd. 4m., if the number of convictions
18under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of
19suspensions, revocations, and other convictions counted under s. 343.307 (1) within
20a 10-year period
, equals 2, the department shall revoke the person's operating
21privilege for not less than one year nor more than 18 months. If an Indian tribal court
22in this state revokes the person's privilege to operate a motor vehicle on tribal lands
23for not less than one year nor more than 18 months for the conviction specified in par.
24(bm) (intro.), the department shall impose the same period of revocation. After the
25first 60 days of the revocation period or, if the total number of convictions,

1suspensions, and revocations counted under this subdivision within any 5-year
2period equals 2 or more, after one year of the revocation period has elapsed, the
3person is eligible for an occupational license under s. 343.10.
SB7-SSA1,7 4Section 7. 345.26 (1) (b) 3. of the statutes is created to read:
SB7-SSA1,4,85 345.26 (1) (b) 3. Subdivision 1. does not apply to a person who is charged with
6a violation of s. 346.63 (1) or (5) or a local ordinance in conformity therewith and who
7is required to appear in person pursuant to s. 66.0114 (1) (b) 2., 800.035 (5) (a), or
8967.055 (2m).
SB7-SSA1,8 9Section 8. 346.65 (2) (am) 2. of the statutes is amended to read:
SB7-SSA1,4,1610 346.65 (2) (am) 2. Except as provided in pars. (bm) and (f), shall be fined not
11less than $350 nor more than $1,100 and imprisoned for not less than 5 days nor more
12than 6 months if the number of convictions under ss. 940.09 (1) and 940.25 in the
13person's lifetime, plus the total number of suspensions, revocations, and other
14convictions counted under s. 343.307 (1) within a 10-year period, equals 2, except
15that suspensions, revocations, or convictions arising out of the same incident or
16occurrence shall be counted as one.
SB7-SSA1,9 17Section 9. 346.65 (2) (bm) of the statutes is amended to read:
SB7-SSA1,5,418 346.65 (2) (bm) In any county that opts to offer a reduced minimum period of
19imprisonment for the successful completion of a probation period that includes
20alcohol and other drug treatment, if the number of convictions under ss. 940.09 (1)
21and 940.25 in the person's lifetime, plus the total number of suspensions,
22revocations, and other convictions counted under s. 343.307 (1) within a 10-year
23period
, equals 2, except that suspensions, revocations, or convictions arising out of
24the same incident or occurrence shall be counted as one, the fine shall be the same
25as under par. (am) 2., but the period of imprisonment shall be not less than 5 days,

1except that if the person successfully completes a period of probation that includes
2alcohol and other drug treatment, the period of imprisonment shall be not less than
35 nor more than 7 days. A person may be sentenced under this paragraph or under
4par. (cm) or (dm) or sub. (2j) (bm), (cm), or (cr) or (3r) once in his or her lifetime.
SB7-SSA1,10 5Section 10. 800.035 (5) (a) of the statutes is amended to read:
SB7-SSA1,5,106 800.035 (5) (a) If a defendant is charged with a violation of an ordinance in
7conformity with s. 346.63 (1) or (5), the municipality may shall, by ordinance, require
8the defendant to appear in person before the court. The ordinance shall specify that
9a person who fails to appear in person before the court is subject to a $300 surcharge
10pursuant to par. (am).
SB7-SSA1,11 11Section 11. 800.035 (5) (am) of the statutes is created to read:
SB7-SSA1,5,1412 800.035 (5) (am) If a person who is required under par. (a) to appear in person
13before the court to enter a plea fails to appear in court, the court shall do all of the
14following:
SB7-SSA1,5,1615 1. Enter a default judgment against the person and impose the applicable
16penalties.
SB7-SSA1,5,2017 2. Impose a $300 surcharge on the person for his or her failure to appear. The
18court shall transmit the surcharge under this subdivision to the county treasurer of
19the county in which the violation occurred for use only for substance use prevention
20and treatment.
SB7-SSA1,12 21Section 12. 967.055 (2m) of the statutes is created to read:
SB7-SSA1,6,222 967.055 (2m) Personal appearance in court. (a) A person who is charged with
23a civil violation of s. 346.63 (1) or (5) or a local ordinance in conformity therewith shall
24appear in person in court to enter a plea of guilty, no contest, or not guilty to the
25charge. A person who fails to appear in person in court is subject to a $300 surcharge

1pursuant to par. (b). In this subsection, “court" may mean a circuit court or a
2municipal court.
SB7-SSA1,6,43 (b) If a person who is required under par. (a) to appear in person in court to enter
4a plea fails to appear in court, the court shall do all of the following:
SB7-SSA1,6,65 1. Enter a default judgment against the person and impose the applicable
6penalties.
SB7-SSA1,6,107 2. Impose a $300 surcharge on the person for his or her failure to appear. The
8court shall transmit the surcharge under this subdivision to the county treasurer of
9the county in which the violation occurred for use only for substance use prevention
10and treatment.
SB7-SSA1,13 11Section 13. Initial applicability.
SB7-SSA1,6,1512 (1) This act first applies to violations committed on the effective date of this
13subsection but does not preclude the counting of other convictions, suspensions, or
14revocations as prior convictions, suspensions, or revocations for purposes of
15administrative action by the department of transportation or sentencing by a court.
SB7-SSA1,6,1616 (End)
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