LRBs0299/2
RPN:kaf:jf
1997 - 1998 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 1997 ASSEMBLY BILL 495
November 6, 1997 - Offered by Representative Olsen.
AB495-ASA1,1,3
1An Act to repeal 346.65 (2) (e); and
to amend 346.65 (2) (c), 346.65 (2) (d), 346.65
2(2) (f), 346.65 (2c), 346.65 (2e) and 346.65 (7) of the statutes;
relating to:
3driving while under the influence of an intoxicant and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB495-ASA1,1,105
346.65
(2) (c) Except as provided in par. (f), shall be fined not less than
$600 6$1,000 nor more than
$2,000 $10,000 and imprisoned for not less than
30 days
6
7months nor more than
one year in the county jail
2 years if the total number of
8suspensions, revocations and convictions counted under s. 343.307 (1) equals 3 in a
910-year period, except that suspensions, revocations or convictions arising out of the
10same incident or occurrence shall be counted as one.
AB495-ASA1, s. 2
11Section
2. 346.65 (2) (d) of the statutes is amended to read:
AB495-ASA1,2,6
1346.65
(2) (d) Except as provided in par. (f), shall be fined not less than
$600 2$1,500 nor more than
$2,000 $10,000 and imprisoned for not less than
60 days
30
3months nor more than
one year in the county jail
5 years if the total number of
4suspensions, revocations and convictions counted under s. 343.307 (1) equals 4
or
5more in a 10-year period, except that suspensions, revocations or convictions arising
6out of the same incident or occurrence shall be counted as one.
AB495-ASA1,2,159
346.65
(2) (f) If there was a minor passenger under 16 years of age in the motor
10vehicle at the time of the violation that gave rise to the conviction under s. 346.63 (1),
11the applicable minimum and maximum forfeitures, fines or imprisonment under par.
12(a), (b), (c)
, or (d)
or (e) for the conviction are doubled.
An offense under s. 346.63 (1)
13that subjects a person to a penalty under par. (c), (d) or (e) when there is a minor
14passenger under 16 years of age in the motor vehicle is a felony and the place of
15imprisonment shall be determined under s. 973.02.
AB495-ASA1,2,2217
346.65
(2c) In sub. (2) (b) to
(e)
(d), the 5-year or 10-year period shall be
18measured from the dates of the refusals or violations that resulted in the revocation
19or convictions. If a person has a suspension, revocation or conviction for any offense
20under a local ordinance or a state statute of another state that would be counted
21under s. 343.307 (1), that suspension, revocation or conviction shall count as a prior
22suspension, revocation or conviction under sub. (2) (b) to
(e) (d).
AB495-ASA1,3,524
346.65
(2e) If the court determines that a person does not have the ability to
25pay the costs and fine or forfeiture imposed under sub. (2) (a), (b), (c), (d)
, (e) or (f),
1the court may reduce the costs, fine and forfeiture imposed and order the person to
2pay, toward the cost of the assessment and driver safety plan imposed under s. 343.30
3(1q) (c), the difference between the amount of the reduced costs and fine or forfeiture
4and the amount of costs and fine or forfeiture imposed under sub. (2) (a), (b), (c), (d)
,
5(e) or (f).
AB495-ASA1,3,97
346.65
(7) A person convicted under sub. (2) (b), (c)
, or (d)
or (e) or (2j) (b) or (c)
8shall be required to remain in the county jail for not less than a 48-consecutive-hour
9period.
AB495-ASA1,3,1411
(1) This act first applies to offenses committed on the effective date of this
12subsection, but does not preclude the counting of other violations as prior
13convictions, suspensions or revocations for purposes of administrative action by the
14department of transportation or sentencing by a court.
