Amendment ASA1-AB426

AB426-ASA1,12,4 30.74 (3) Enforcement. Assist The department shall assist in the enforcement of ss. 30.50 to 30.80 and in connection therewith maintain patrol boats and operate such patrol boats at such times and places as the department deems necessary in the interest of boating safety and the effective enforcement of boating laws.

AB426-ASA1, s. 40 Section 40. 30.80 (2k) of the statutes is created to read:

AB426-ASA1,12,7 30.80 (2k) Any person violating s. 30.66 (3) shall forfeit not more than $250 for the first offense and not more than $1,000 for the 2nd or subsequent offense.

AB426-ASA1, s. 41 Section 41. 30.80 (2m) of the statutes is created to read:

AB426-ASA1,12,13 30.80 (2m) Any person violating s. 30.68 shall be required to obtain a certificate of satisfactory completion of a safety course under s. 30.74 (1). If the person has a valid certificate at the time that the court imposes sentence under sub. (1) or (2), the court shall permanently revoke the certificate and order the person to obtain a certificate of satisfactory completion of a safety course under s. 30.74 (1).

AB426-ASA1, s. 42 Section 42. 30.80 (3m) of the statutes is created to read:

AB426-ASA1,12,16 30.80 (3m) Any person violating s. 30.547 (1), (3) or (4) shall be fined not more than $5,000 or imprisoned not more than 5 years or both.

AB426-ASA1, s. 43 Section 43. 30.80 (6) (a) of the statutes is amended to read:

AB426-ASA1,12,21 30.80 (6) (a) Penalties related to prohibited operation of a motorboat; intoxicants; refusal. 1. Except as provided under subds. 2. and 3. to 5., a person who violates s. 30.681 (1) (a) or (b), a local ordinance in conformity with s. 30.681 (1) (a) or (b) or 30.684 (5) the refusal law shall forfeit not less than $150 nor more than $300.

AB426-ASA1,13,2 2. Except as provided under subd. 3., a A person who violates s. 30.681 (1) (a) or (b), a local ordinance in conformity with s. 30.681 (1) (a) or (b) or 30.684 (5) the refusal law and who, within 5 years prior to the arrest for the current violation, was convicted one time previously under the intoxicated boating law or the refusal law shall be fined not less than $300 nor more than $1,000 and shall be imprisoned for not less than 5 days nor more than 6 months.

AB426-ASA1,13,8 3. A person who violates s. 30.681 (1) (a) or (b), a local ordinance in conformity with s. 30.681 (1) (a) or (b) or 30.684 (5) the refusal law and who, within 5 years prior to the arrest for the current violation, was convicted 2 or more times previously under the intoxicated boating law or refusal law shall be fined not less than $600 nor more than $2,000 and shall be imprisoned for not less than 30 days nor more than one year in the county jail.

AB426-ASA1, s. 44 Section 44. 30.80 (6) (a) 4. and 5. of the statutes are created to read:

AB426-ASA1,13,15 30.80 (6) (a) 4. A person who violates s. 30.681 (1) (a) or (b), a local ordinance in conformity with s. 30.681 (1) (a) or (b) or the refusal law and who, within 5 years prior to the arrest for the current violation, was convicted 3 times previously under the intoxicated boating law or refusal law shall be fined not less than $600 nor more than $2,000 and shall be imprisoned for not less than 60 days nor more than one year in the county jail.

AB426-ASA1,13,21 5. A person who violates s. 30.681 (1) (a) or (b), a local ordinance in conformity with s. 30.681 (1) (a) or (b) or the refusal law and who, within 5 years prior to the arrest for the current violation, was convicted 4 or more times previously under the intoxicated boating law or refusal law shall be fined not less than $600 nor more than $2,000 and shall be imprisoned for not less than 6 months nor more than one year in the county jail.

AB426-ASA1, s. 45 Section 45. 30.80 (6) (a) 6. of the statutes is created to read:

AB426-ASA1,13,24 30.80 (6) (a) 6. A person who violates s. 30.681 (1) (bn) or a local ordinance in conformity with s. 30.681 (1) (bn) shall forfeit $50.

AB426-ASA1, s. 46 Section 46. 30.80 (6) (c) of the statutes is amended to read:

AB426-ASA1,14,3 30.80 (6) (c) Calculation of previous convictions. In determining the number of previous convictions under par. (a) 2. and 3. to 5., convictions arising out of the same incident or occurrence shall be counted as one previous conviction.

AB426-ASA1, s. 47 Section 47. 30.80 (6) (e) of the statutes is amended to read:

AB426-ASA1,14,12 30.80 (6) (e) Certificate of satisfactory completion of safety course. In addition to any other penalty or order, a person who violates s. 30.681 (1) or (2) or 30.684 (5) or who violates s. 940.09 or 940.25 if the violation involves the operation of a motorboat, shall be ordered by the court to obtain a certificate of satisfactory completion of a safety course under s. 30.74 (1). If the person has a valid certificate at the time that the court imposes sentence, the court shall permanently revoke the certificate and order the person to obtain a certificate of satisfactory completion of a safety course under s. 30.74 (1).

AB426-ASA1, s. 48 Section 48. 885.235 (1m) of the statutes is amended to read:

AB426-ASA1,14,25 885.235 (1m) In any action under s. 23.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m) or (7) or 350.101 (1) (c), evidence of the amount of alcohol in the person's blood at the time in question, as shown by chemical analysis of a sample of the person's blood or urine or evidence of the amount of alcohol in the person's breath, is admissible on the issue of whether he or she had an alcohol concentration in the range specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m) or 350.101 (1) (c) or an alcohol concentration above 0.0 under s. 346.63 (7) if the sample was taken within 3 hours after the event to be proved. The fact that the analysis shows that the person had an alcohol concentration of more than 0.0 but not more than 0.1 is prima facie evidence that the person had an alcohol concentration in the range specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m) or 350.101 (1) (c) or an alcohol concentration above 0.0 under s. 346.63 (7).

AB426-ASA1, s. 49 Section 49. 885.235 (4) of the statutes is amended to read:

AB426-ASA1,15,7 885.235 (4) The provisions of this section relating to the admissibility of chemical tests for alcohol concentration or intoxication shall not be construed as limiting the introduction of any other competent evidence bearing on the question of whether or not a person was under the influence of an intoxicant, had a specified alcohol concentration or had an alcohol concentration in the range specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m) or 350.101 (1) (c).

AB426-ASA1, s. 50 Section 50. 938.343 (5) of the statutes is amended to read:

AB426-ASA1,15,13 938.343 (5) If the violation is related to unsafe use of a boat, order the juvenile to attend a safety course under s. 30.74 (1). If the juvenile has a valid certificate at the time that the court imposes sentence, the court shall permanently revoke the certificate and order the person to obtain a certificate of satisfactory completion of a safety course under s. 30.74 (1).

AB426-ASA1, s. 51 Section 51. 971.19 (10) of the statutes is created to read:

AB426-ASA1,15,20 971.19 (10) In an action under s. 30.547 for intentionally falsifying an application for a certificate of number, a registration or a certificate of title, the defendant may be tried in the defendant's county of residence at the time that the complaint is filed, in the county where the defendant purchased the boat if purchased from a dealer or the county where the department of natural resources received the application.

AB426-ASA1, s. 52 Section 52 . Initial applicability.

AB426-ASA1,15,25 (1) Speed restrictions. The treatment of section 30.80 (2k) of the statutes first applies to offenses committed on the effective date of this subsection, but does not preclude the counting of offenses committed prior to the effective date of this subsection as prior offenses for sentencing a person.

AB426-ASA1,16,4 (2) Intoxicated boating law. The amendment of section 30.80 (6) (a) of the statutes and the creation of section 30.80 (6) (a) 4. and 5. of the statutes first apply to violations committed on the effective date of this subsection, but do not preclude the counting of previous convictions for sentencing a person.

AB426-ASA1,16,6 (3) Falsified applications. The treatment of section 971.19 (10) of the statutes first applies to criminal actions commenced on the effective date of this subsection.

AB426-ASA1, s. 53 Section 53. Effective dates. This act takes effect on the day after publication, except as follows:

AB426-ASA1,16,12 (1) Certificate of numbers for nonmotorized boats and for boats owned by dealers or manufacturers. The treatment of sections 30.505, 30.52 (3) (im), (3m) (a) and (5) (a) 3. and 30.523 (2) (c) and (3) of the statutes takes effect on the April 1 after publication.

AB426-ASA1,16,15 (2) Boating safety program and certificates. The treatment of sections 30.74 (intro.), (1) (a), (b), (bn) and (c), (2) (a) and (3), 30.80 (2m) and 938.343 (5) of the statutes takes effect on the first day of the 12th month beginning after publication.

AB426-ASA1,16,20 (3) Other. The treatment of sections 30.52 (1) (b) 1r., 30.66 (3) (a), 30.80 (6) (c) and 885.235 (1m) and (4) of the statutes, the amendment of section 30.80 (6) (a) of the statutes, the creation of section 30.80 (6) (a) 4. and 5. of the statutes and Section 52 (2 ) of this act take effect on the first day of the 3rd month beginning after publication.

AB426-ASA1,16,21 (End)