AB280,12,323
23.33
(13) (ce)
Penalties related to suspension and revocation. 1. A person who
24operates a recreational vehicle in violation of sub. (4y) (b) 1. is subject to a forfeiture
25of not less than $50 nor more than $250. In addition, for each such violation, the court
1may suspend the person's privilege to operate a recreational vehicle for a period of
2not more than 6 months. Whenever a court suspends an operating privilege under
3this subdivision, the court shall notify the department of that action.
AB280,12,94
2. A person who operates an all-terrain vehicle or utility terrain vehicle in
5violation of sub. (4y) (b) 2. is subject to a forfeiture of not less than $150 nor more than
6$300. In addition, the court may suspend the person's privilege to operate a
7recreational vehicle for a period of not more than 6 months. Whenever a court
8suspends an operating privilege under this subdivision, the court shall notify the
9department of that action.
AB280,21
10Section
21. 23.33 (13) (cm) of the statutes is amended to read:
AB280,12,1411
23.33
(13) (cm)
Sentence of detention. The legislature intends that courts use
12the sentencing option under s. 973.03 (4) whenever appropriate for persons subject
13to par. (b) 2.
or, 3.
, 4b., or 5., or (c). The use of this option can result in significant cost
14savings for the state and local governments.
AB280,22
15Section
22. 23.33 (13) (d) of the statutes is renumbered 23.33 (13) (d) 1. and
16amended to read:
AB280,12,1917
23.33
(13) (d) 1. In determining the number of previous convictions under par.
18(b) 2.
and 3. to 5., convictions arising out of the same incident or occurrence shall be
19counted as one previous conviction.
AB280,23
20Section
23. 23.33 (13) (d) 2. of the statutes is created to read:
AB280,13,621
23.33
(13) (d) 2. In determining the number of previous convictions under par.
22(b) 2. to 5., previous convictions under the intoxicated operation of an all-terrain or
23utility terrain vehicle law or under the all-terrain or utility terrain vehicle refusal
24law that occurred before, on, or after the effective date of this subdivision .... [LRB
25inserts date], and previous convictions under the intoxicated operation of an
1off-highway motorcycle law, as defined in s. 23.335 (1) (L), the off-highway
2motorcycle refusal law, as defined in s. 23.335 (1) (tm), the intoxicated boating law,
3as defined in s. 30.50 (4m), the boating refusal law, as defined in s. 30.50 (2c), the
4intoxicated snowmobiling law, as defined in s. 350.01 (9c), or the snowmobiling
5refusal law, as defined in s. 350.01 (17m), that occur after the effective date of this
6subdivision .... [LRB inserts date], shall count as previous convictions.
AB280,24
7Section
24. 23.33 (13) (dm) of the statutes is amended to read:
AB280,13,148
23.33
(13) (dm)
Reporting convictions to the department. Whenever a person
9is convicted of a violation of the intoxicated operation of an all-terrain vehicle or
10utility terrain vehicle law
or the all-terrain or utility terrain vehicle refusal law, the
11clerk of the court in which the conviction occurred
, or the justice, judge or magistrate
12of a court not having a clerk, shall forward to the department the record of such
13conviction. The record of conviction forwarded to the department shall state whether
14the offender was involved in an accident at the time of the offense.
AB280,25
15Section
25. 23.33 (13) (eg) of the statutes is created to read:
AB280,13,2316
23.33
(13) (eg)
Certificate of completion of safety program. In addition to any
17other penalty or order, a person who for the first time violates the intoxicated
18operation of an all-terrain or utility terrain vehicle law or the all-terrain or utility
19terrain vehicle refusal law shall be ordered by the court to obtain a certificate of
20satisfactory completion of a safety program established under sub. (5) (d). If the
21person has a valid certificate at the time that the court imposes a sentence for such
22a violation, the court shall permanently revoke the certificate and order the person
23to obtain another certificate of satisfactory completion of the safety program.
AB280,26
24Section
26. 23.335 (1) (km) of the statutes is created to read:
AB280,14,5
123.335
(1) (km) “Intoxicated operating law” means the intoxicated operation
2of an all-terrain or utility terrain vehicle law, as defined in s. 23.33 (1) (ic), the
3intoxicated operation of an off-highway motorcycle law, the intoxicated boating law,
4as defined in s. 30.50 (4m), or the intoxicated snowmobiling law, as defined in s.
5350.01 (9c).
AB280,27
6Section
27. 23.335 (1) (nm) of the statutes is created to read:
AB280,14,77
23.335
(1) (nm) “Legal drinking age” means 21 years of age.
AB280,28
8Section
28. 23.335 (1) (zer) of the statutes is created to read:
AB280,14,129
23.335
(1) (zer) “Recreational vehicle" means an all-terrain vehicle, as defined
10in s. 340.01 (2g), a utility terrain vehicle, as defined in s. 23.33 (1) (ng), an
11off-highway motorcycle, a recreational motorboat, as defined in s. 30.50 (9m), or a
12snowmobile, as defined in s. 340.01 (58a).
AB280,29
13Section
29. 23.335 (1) (zet) of the statutes is created to read:
AB280,14,1714
23.335
(1) (zet) “Recreational vehicle and boating refusal law" means the
15all-terrain or utility terrain vehicle refusal law, as defined in s. 23.33 (1) (at), the
16off-highway motorcycle refusal law, the boating refusal law, as defined in s. 30.50
17(2c), or the snowmobiling refusal law, as defined in s. 350.01 (17m).
AB280,30
18Section
30. 23.335 (1) (zf) of the statutes is renumbered 23.335 (1) (tm) and
19amended to read:
AB280,14,2120
23.335
(1) (tm)
“Refusal “
Off-highway motorcycle refusal law" means sub. (12)
21(h) or a local ordinance in conformity therewith.
AB280,31
22Section
31. 23.335 (12) (a) 3. of the statutes is amended to read:
AB280,14,2523
23.335
(12) (a) 3.
If a
A person
who has not attained the
legal drinking age
of
2421, the person may not engage in the operation of an off-highway motorcycle while
25he or she has an alcohol concentration of more than 0.0 but
not more less than 0.08.
AB280,32
1Section
32. 23.335 (12) (a) 4. of the statutes is amended to read:
AB280,15,102
23.335
(12) (a) 4. A person may be charged with and a prosecutor may proceed
3upon a complaint based upon a violation of any combination of subd. 1., 2., or 2m. for
4acts arising out of the same incident or occurrence. If the person is charged with
5violating any combination of subd. 1., 2., or 2m., the offenses shall be joined. If the
6person is found guilty of any combination of subd. 1., 2., or 2m. for acts arising out
7of the same incident or occurrence, there shall be a single conviction for purposes of
8sentencing and for purposes of counting convictions under sub. (23) (c) 2.
and 3. to
95. Subdivisions 1., 2., and 2m. each require proof of a fact for conviction
which that 10the others do not require.
AB280,33
11Section
33. 23.335 (12) (b) 3. of the statutes is amended to read:
AB280,15,2012
23.335
(12) (b) 3. A person may be charged with and a prosecutor may proceed
13upon a complaint based upon a violation of any combination of subd. 1., 2., or 2m. for
14acts arising out of the same incident or occurrence. If the person is charged with
15violating any combination of subd. 1., 2., or 2m. in the complaint, the crimes shall be
16joined under s. 971.12. If the person is found guilty of any combination of subd. 1.,
172., or 2m. for acts arising out of the same incident or occurrence, there shall be a
18single conviction for purposes of sentencing and for purposes of counting convictions
19under sub. (23) (c) 2.
and 3. to 5. Subdivisions 1., 2., and 2m. each require proof of
20a fact for conviction
which that the others do not require.
AB280,34
21Section
34. 23.335 (12) (j) of the statutes is amended to read:
AB280,15,2522
23.335
(12) (j)
Report of arrest to department. If a law enforcement officer
23arrests a person for a violation of the intoxicated operation of an off-highway
24motorcycle law or the
off-highway motorcycle refusal law, the law enforcement
25officer shall notify the department of the arrest as soon as practicable.
AB280,35
1Section
35. 23.335 (12) (km) of the statutes is created to read:
AB280,16,112
23.335
(12) (km)
Suspension or revocation of operating privileges. 1. `Orders
3to suspend or revoke.' a. If a court imposes a penalty for a violation of the intoxicated
4operation of an off-highway motorcycle law or the off-highway motorcycle refusal
5law, the court shall order the suspension of the person's privilege to operate a
6recreational vehicle for a period of not less than 12 months and not more than 16
7months. As part of the order, the court may authorize the person to operate a
8recreational vehicle exclusively on private land and not on highways if the court finds
9that such operation is essential for the purpose of engaging in an occupation or trade.
10Whenever a court suspends an operating privilege under this subd. 1. a., the court
11shall notify the department of that action.
AB280,16,2312
b. In addition to the order under subd. 1. a., the court shall also order the
13revocation of the person's privilege to operate a motor vehicle if the person, within
145 years prior to the arrest for the current violation of the intoxicated operation of an
15off-highway motorcycle law or the off-highway motorcycle refusal law, was
16convicted of a violation of the intoxicated operating law or the recreational vehicle
17and boating refusal law. The period of revocation shall be not less than 6 months and
18not more than 12 months. Whenever a court revokes an operating privilege under
19this subd. 1. b., the court may take possession of the revoked license. If the court
20takes possession of the revoked license, the court shall destroy the license. The court
21shall forward to the department of transportation the record of the conviction and
22notice of revocation. The person is eligible for an occupational license under s. 343.10
23at any time.
AB280,16,2524
2. `Operating while suspended or revoked.' a. No person may operate a
25recreational vehicle in violation of a suspension order imposed under subd. 1. a.
AB280,17,6
1b. No person may operate an off-highway motorcycle during the time that the
2person's motor vehicle operating privilege is suspended or revoked for a conviction
3counted under s. 343.307 (1) unless a court order authorizes the person to operate
4an off-highway motorcycle exclusively on private land and not on highways because
5the court finds that such operation is essential for the purpose of engaging in an
6occupation or trade.
AB280,36
7Section
36. 23.335 (23) (c) 1. of the statutes is amended to read:
AB280,17,118
23.335
(23) (c) 1. Except as provided under subds. 2.
, 3., and 4. to 5., a person
9who violates sub. (12) (a) 1., 2., or 2m. or (h)
or a local ordinance in conformity with
10sub. (12) (a) 1., 2., or 2m. shall forfeit not less than
$150 $400 nor more than
$300 11$550.
AB280,37
12Section
37. 23.335 (23) (c) 2. of the statutes is amended to read:
AB280,17,1913
23.335
(23) (c) 2.
Except as provided under subds. 3. and 4., a A person who
14violates sub. (12) (a) 1., 2., or 2m.
or (h) and who, within 5 years prior to the arrest
15for the current violation, was convicted
one time previously under the intoxicated
16operation of an off-highway motorcycle operating law
or the recreational vehicle and
17boating refusal law shall be fined not less than $300 nor more than $1,100 and shall
18be imprisoned not less than 5 days nor more than
6 months one year in the county
19jail.
AB280,38
20Section
38. 23.335 (23) (c) 3. of the statutes is amended to read:
AB280,18,221
23.335
(23) (c) 3.
Except as provided in subd. 4., a A person who violates sub.
22(12) (a) 1., 2., or 2m.
or (h) and who, within 5 years prior to the arrest for the current
23violation, was convicted 2
or more times previously under the intoxicated
operation
24of an off-highway motorcycle operating law
, the recreational vehicle and boating
25refusal law, or any combination of these laws, shall be fined not less than $600 nor
1more than $2,000 and shall be imprisoned not less than 30 days nor more than one
2year in the county jail.
AB280,39
3Section
39. 23.335 (23) (c) 4. of the statutes is renumbered 23.335 (23) (c) 6.
4and amended to read:
AB280,18,65
23.335
(23) (c) 6. A person who violates sub. (12) (a) 3.
or (h) and who has not
6attained the age of 21 shall forfeit
not more than $50.
AB280,40
7Section
40. 23.335 (23) (c) 4b. of the statutes is created to read:
AB280,18,138
23.335
(23) (c) 4b. A person who violates sub. (12) (a) 1., 2., or 2m. and who,
9within 5 years prior to the arrest for the current violation, was convicted 3 times
10previously under the intoxicated operating law, the recreational vehicle and boating
11refusal law, or any combination of these laws, shall be fined not less than $600 nor
12more than $2,000 and shall be imprisoned not less than 60 days nor more than one
13year in the county jail.
AB280,41
14Section
41. 23.335 (23) (c) 5. of the statutes is created to read:
AB280,18,2015
23.335
(23) (c) 5. A person who violates sub. (12) (a) 1., 2., or 2m. and who,
16within 5 years prior to the arrest for the current violation, was convicted 4 or more
17times previously under the intoxicated operating law, the recreational vehicle and
18boating refusal law, or any combination of these laws, shall be fined not less than
19$600 nor more than $2,000 and shall be imprisoned not less than 6 months nor more
20than one year in the county jail.
AB280,42
21Section
42. 23.335 (23) (cg) of the statutes is created to read:
AB280,19,222
23.335
(23) (cg)
Penalties related to intoxicated operation; underage
23passengers. If there is a passenger under 16 years of age on the off-road motorcycle
24at the time of a violation that gives rise to a conviction under sub. (12) (a) 1., 2., or
12m. or (h), the applicable minimum and maximum forfeitures, fines, and terms of
2imprisonment under par. (c) 1. to 5. for the conviction are doubled.
AB280,43
3Section
43. 23.335 (23) (dm) of the statutes is created to read:
AB280,19,144
23.335
(23) (dm)
Alcohol and drug treatment alternatives. 1. In any county
5that opts to offer a reduced minimum period of imprisonment for the successful
6completion of a probation period that includes alcohol and other drug treatment, if
7the number of suspensions, revocations, and convictions for a violation of the
8intoxicated operation of an off-highway motorcycle law or of the off-highway
9motorcycle refusal law within a 5-year period equals 2, except that suspensions,
10revocations, or convictions arising out of the same incident or occurrence shall be
11counted as one, the fine shall be the same as under par. (c) 2., but the period of
12imprisonment shall be not less than 5 days, except that if the person successfully
13completes a period of probation that includes alcohol and other drug treatment, the
14period of imprisonment shall be not less than 5 nor more than 7 days.
AB280,19,2415
2. In any county that opts to offer a reduced minimum period of imprisonment
16for the successful completion of a probation period that includes alcohol and other
17drug treatment, if the number of suspensions, revocations, and convictions for a
18violation of the intoxicated operation of an off-highway motorcycle law or of the
19off-highway motorcycle refusal law within a 5-year period equals 3, except that
20suspensions, revocations, or convictions arising out of the same incident or
21occurrence shall be counted as one, the fine shall be the same as under par. (c) 3., but
22the period of imprisonment shall be not less than 30 days, except that if the person
23successfully completes a period of probation that includes alcohol and other drug
24treatment, the period of imprisonment shall be not less than 14 days.
AB280,20,10
13. In any county that opts to offer a reduced minimum period of imprisonment
2for the successful completion of a probation period that includes alcohol and other
3drug treatment, if the number of suspensions, revocations, and convictions for a
4violation of the intoxicated operation of an off-highway motorcycle law or of the
5off-highway motorcycle refusal law within a 5-year period equals 4, except that
6suspensions, revocations, or convictions arising out of the same incident or
7occurrence shall be counted as one, the fine shall be the same as under par. (c) 4b.,
8but the period of imprisonment shall be not less than 60 days, except that if the
9person successfully completes a period of probation that includes alcohol and other
10drug treatment, the period of imprisonment shall be not less than 29 days.
AB280,20,1211
4. A person may be sentenced under this paragraph or under s. 23.33 (13) (bm),
1230.80 (6) (ar), or 350.11 (3) (ar) once in his or her lifetime.
AB280,44
13Section
44. 23.335 (23) (dr) of the statutes is created to read:
AB280,20,2014
23.335
(23) (dr)
Penalties related to suspension and revocation. 1. A person
15who operates a recreational vehicle in violation of sub. (12) (km) 2. a. is subject to a
16forfeiture of not less than $50 nor more than $250. In addition, for each such
17violation, the court may suspend the person's privilege to operate a recreational
18vehicle for a period of not more than 6 months. Whenever a court suspends an
19operating privilege under this subdivision, the court shall notify the department of
20that action.
AB280,21,221
2. A person who operates an off-highway motorcycle in violation of sub. (12)
22(km) 2. b. is subject to a forfeiture of not less than $150 nor more than $300. In
23addition, the court may suspend the person's privilege to operate a recreational
24vehicle for a period of not more than 6 months. Whenever a court suspends an
1operating privilege under this subdivision, the court shall notify the department of
2that action.
AB280,45
3Section
45. 23.335 (23) (fm) of the statutes is created to read:
AB280,21,74
23.335
(23) (fm)
Sentence of detention. The legislature intends that courts use
5the sentencing option under s. 973.03 (4) whenever appropriate for persons subject
6to par. (c) 2., 3., 4b., or 5. or (d). The use of this option can result in significant cost
7savings for the state and local governments.
AB280,46
8Section
46. 23.335 (23) (g) of the statutes is renumbered 23.335 (23) (g) 1. and
9amended to read:
AB280,21,1210
23.335
(23) (g) 1. In determining the number of previous convictions under
11pars. (c) 2.
and 3. to 5. and (e), convictions arising out of the same incident or
12occurrence shall be counted as one previous conviction.
AB280,47
13Section
47. 23.335 (23) (g) 2. of the statutes is created to read:
AB280,21,2414
23.335
(23) (g) 2. In determining the number of previous convictions under par.
15(c) 2. to 5., previous convictions under the intoxicated operation of an off-highway
16motorcycle law or under the off-highway motorcycle refusal law that occurred
17before, on, or after the effective date of this subdivision .... [LRB inserts date], and
18previous convictions under the intoxicated operation of an all-terrain or utility
19terrain vehicle law, as defined in s. 23.33 (1) (ic), the all-terrain or utility terrain
20vehicle refusal law, as defined in s. 23.33 (1) (at), the intoxicated boating law, as
21defined in s. 30.50 (4m), the boating refusal law, as defined in s. 30.50 (2c), the
22intoxicated snowmobiling law, as defined in s. 350.01 (9c), or the snowmobiling
23refusal law, as defined in s. 350.01 (17m), that occur after the effective date of this
24subdivision .... [LRB inserts date], shall count as previous convictions.
AB280,48
25Section
48. 23.335 (23) (h) of the statutes is amended to read:
AB280,22,7
123.335
(23) (h)
Reporting convictions to the department. Whenever a person
2is convicted of a violation of the intoxicated operation of an off-highway motorcycle
3law
or the off-highway motorcycle refusal law, the
clerk of the court in which the
4conviction occurred
, or the justice, judge, or magistrate of a court not having a clerk, 5shall forward to the department the record of such conviction. The record of
6conviction forwarded to the department shall state whether the offender was
7involved in an accident at the time of the offense.
AB280,49
8Section
49. 23.335 (23) (im) of the statutes is created to read:
AB280,22,169
23.335
(23) (im)
Certificate of completion of safety program. In addition to any
10other penalty or order, a person who for the first time violates the intoxicated
11operation of an off-highway motorcycle law or the off-highway motorcycle refusal
12law shall be ordered by the court to obtain a certificate of satisfactory completion of
13a safety program established under sub. (14). If the person has a valid certificate at
14the time that the court imposes a sentence for such a violation, the court shall
15permanently revoke the certificate and order the person to obtain another certificate
16of satisfactory completion of the safety program.
AB280,50
17Section
50. 30.50 (4n) of the statutes is created to read:
AB280,22,2218
30.50
(4n) “Intoxicated operating law" means the intoxicated operation of an
19all-terrain or utility terrain vehicle law, as defined in s. 23.33 (1) (ic), the intoxicated
20operation of an off-highway motorcycle law, as defined in s. 23.335 (1) (L), the
21intoxicated boating law, or the intoxicated snowmobiling law, as defined in s. 350.01
22(9c).
AB280,51
23Section
51. 30.50 (4v) of the statutes is created to read:
AB280,22,2424
30.50
(4v) “Legal drinking age" means 21 years of age.
AB280,52
25Section
52. 30.50 (9m) of the statutes is created to read:
AB280,23,2
130.50
(9m) “Recreational motorboat" means a motorboat that is not a
2commercial motorboat.
AB280,53
3Section
53. 30.50 (9s) of the statutes is created to read:
AB280,23,74
30.50
(9s) “Recreational vehicle" means an all-terrain vehicle, as defined in s.
5340.01 (2g), a utility terrain vehicle, as defined in s. 23.33 (1) (ng), an off-highway
6motorcycle, as defined in s. 23.335 (1) (q), a recreational motorboat, or a snowmobile,
7as defined in s. 340.01 (58a).
AB280,54
8Section
54. 30.50 (9t) of the statutes is created to read:
AB280,23,129
30.50
(9t) “Recreational vehicle and boating refusal law" means the all-terrain
10or utility terrain vehicle refusal law, as defined in s. 23.33 (1) (at), the off-highway
11motorcycle refusal law, as defined in s. 23.335 (1) (tm), the boating refusal law, or the
12snowmobiling refusal law, as defined in s. 350.01 (17m).
AB280,55
13Section
55. 30.50 (9x) of the statutes is renumbered 30.50 (2c) and amended
14to read:
AB280,23,1615
30.50
(2c) “Refusal “
Boating refusal law" means s. 30.684 (5) or a local
16ordinance in conformity with that subsection.
AB280,56
17Section
56. 30.681 (1) (bn) of the statutes is amended to read:
AB280,23,2118
30.681
(1) (bn)
Operating with alcohol concentrations at specified levels; below
19legal drinking age. A person who has not attained the legal drinking age
, as defined
20in s. 125.02 (8m), may not engage in the operation of a motorboat while he or she has
21 a blood an alcohol concentration of more than 0.0 but less than 0.08.
AB280,57
22Section
57. 30.681 (1) (c) of the statutes is amended to read:
AB280,24,623
30.681
(1) (c)
Related charges. A person may be charged with and a prosecutor
24may proceed upon a complaint based upon a violation of any combination of par. (a)
25or (b) 1., 1m., or 2. for acts arising out of the same incident or occurrence. If the person
1is charged with violating any combination of par. (a) or (b) 1., 1m., or 2., the offenses
2shall be joined. If the person is found guilty of any combination of par. (a) or (b) 1.,
31m., or 2. for acts arising out of the same incident or occurrence, there shall be a
4single conviction for purposes of sentencing and for purposes of counting convictions
5under s. 30.80 (6) (a) 2.
and 3. to 5. Paragraphs (a) and (b) 1., 1m., and 2. each require
6proof of a fact for conviction
which that the others do not require.
AB280,58
7Section
58. 30.681 (2) (c) of the statutes is amended to read:
AB280,24,178
30.681
(2) (c)
Related charges. A person may be charged with and a prosecutor
9may proceed upon a complaint based upon a violation of any combination of par. (a)
10or (b) 1., 1m., or 2. for acts arising out of the same incident or occurrence. If the person
11is charged with violating any combination of par. (a) or (b) 1., 1m., or 2. in the
12complaint, the crimes shall be joined under s. 971.12. If the person is found guilty
13of any combination of par. (a) or (b) 1., 1m., or 2. for acts arising out of the same
14incident or occurrence, there shall be a single conviction for purposes of sentencing
15and for purposes of counting convictions under s. 30.80 (6) (a) 2.
and 3. to 5. 16Paragraphs (a) and (b) 1., 1m., and 2. each require proof of a fact for conviction
which 17that the others do not require.
AB280,59
18Section
59. 30.681 (2) (d) 1. a. of the statutes is amended to read:
AB280,24,2519
30.681
(2) (d) 1. a. In an action under this subsection for a violation of the
20intoxicated boating law where the defendant was operating a
recreational motorboat
21that is not a commercial motorboat, the defendant has a defense if he or she proves
22by a preponderance of the evidence that the injury would have occurred even if he
23or she had been exercising due care and he or she had not been under the influence
24of an intoxicant or did not have an alcohol concentration of 0.08 or more or a
25detectable amount of a restricted controlled substance in his or her blood.
AB280,60
1Section
60. 30.686 of the statutes is amended to read:
AB280,25,5
230.686 Report arrest to department. If a law enforcement officer arrests
3a person for a violation of the intoxicated boating law or the
boating refusal law, the
4law enforcement officer shall notify the department of the arrest as soon as
5practicable.