Amendment ASA1-AB221

AB221-ASA1, s. 12 Section 12. 303.08 (10m) of the statutes is created to read:

AB221-ASA1,7,12 303.08 (10m) The sheriff may not permit a prisoner who is imprisoned for a violation of s. 346.63 (1), (2), (5) or (6) to leave the jail under sub. (1) if the prisoner fails to obtain the assessment or to comply with the driver safety plan ordered under s. 343.30 (1q) (c). This subsection does not apply if the prisoner does not have sufficient funds to make any payments necessary to obtain the assessment or to comply with the driver safety plan.

AB221-ASA1, s. 13 Section 13. 340.01 (46m) (b) of the statutes is amended to read:

AB221-ASA1,7,15 340.01 (46m) (b) If the person has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), an alcohol concentration of 0.08 or more.

AB221-ASA1, s. 14 Section 14. 340.01 (46m) (c) of the statutes is created to read:

AB221-ASA1,7,19 340.01 (46m) (c) If the person has 3 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), an alcohol concentration of more than 0.02.

AB221-ASA1, s. 15 Section 15. 342.12 (4) (a) of the statutes is amended to read:

AB221-ASA1,8,3 342.12 (4) (a) The district attorney shall notify the department when he or she files a criminal complaint against a person who has been arrested for violating s. 346.63 (1) or (2), 940.09 (1) or 940.25 and who has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1). Except as provided under par. (c), the department may not issue a certificate of title transferring ownership of any motor vehicle owned by the person upon receipt of a notice under this subsection until the court assigned to hear the criminal complaint issues an order permitting the department to issue a certificate of title.

AB221-ASA1, s. 16 Section 16. 342.12 (4) (c) 1. (intro.) of the statutes is amended to read:

AB221-ASA1,8,10 342.12 (4) (c) 1. (intro.) The department shall issue a certificate of title transferring ownership of a motor vehicle that was owned by a person who has received a notice of intent to revoke the person's operating privilege under s. 343.305 (9) (a) or has been arrested for violating s. 346.63 (1) or (2), 940.09 (1) or 940.25 and who has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), if all of the following conditions are met:

AB221-ASA1, s. 17 Section 17. 343.10 (5) (a) 3. of the statutes is amended to read:

AB221-ASA1,8,25 343.10 (5) (a) 3. If the applicant has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), the The occupational license of the applicant shall restrict the applicant's operation under the occupational license to vehicles that are equipped with a functioning ignition interlock device if the court has ordered under s. 346.65 (6) (a) 1. 1d. or 1g. that a motor vehicle owned by the person be equipped with an ignition interlock device. A person to whom a restriction under this subdivision applies violates that restriction if he or she requests or permits another to blow into an ignition interlock device or to start a motor vehicle equipped with an ignition interlock device for the purpose of providing the person an operable motor vehicle without the necessity of first submitting a sample of his or her breath to analysis by the ignition interlock device. If the occupational license restricts the applicant's operation to a vehicle that is equipped with an ignition interlock device, the applicant shall be liable for the reasonable costs of equipping the vehicle with the ignition interlock device.

AB221-ASA1, s. 18 Section 18. 343.30 (6) (b) of the statutes is amended to read:

AB221-ASA1,9,4 343.30 (6) (b) If Whenever a court imposes suspension or revocation of a person's operating privilege under s. 125.07 (4) (bs) or (c) or 938.344 (2), (2b) or (2d), the suspension or revocation imposed shall be one of the following:

AB221-ASA1,9,6 1. For a first violation, suspension for 30 to 90 days not less than 6 months nor more than one year.

AB221-ASA1,9,8 2. For a violation committed within 12 months of a previous violation, suspension for not more less than one year nor more than 18 months.

AB221-ASA1,9,10 3. For a violation committed within 12 months of 2 or more previous violations, revocation suspension for not more less than 2 years nor more than 5 years.

AB221-ASA1, s. 19 Section 19. 343.305 (10m) of the statutes is renumbered 343.305 (10m) (b).

AB221-ASA1, s. 20 Section 20. 343.305 (10m) (a) of the statutes is created to read:

AB221-ASA1,9,15 343.305 (10m) (a) If the person's operating privilege is revoked under sub. (10), the procedure under s. 346.65 (6) shall be followed regarding the equipping of a motor vehicle owned by the person with an ignition interlock device.

AB221-ASA1, s. 21 Section 21. 346.65 (6) (a) 1. of the statutes is renumbered 346.65 (6) (a) 1g. and amended to read:

AB221-ASA1,9,25 346.65 (6) (a) 1g. Except as provided in this paragraph, the court may order a law enforcement officer to seize a motor vehicle, or, if the motor vehicle is not ordered seized, shall order a law enforcement officer to equip the motor vehicle with an ignition interlock device or immobilize any motor vehicle owned by the person whose operating privilege is revoked under s. 343.305 (10) or who committed a violation of s. 346.63 (1) (a), (b) or (2) (a) 1. or 2., 940.09 (1) (a), (b), (c) or (d) or 940.25 (1) (a), (b), (c) or (d) if the person whose operating privilege is revoked under s. 343.305 (10) or who is convicted of the violation has 2 or more prior suspensions, revocations or convictions that would be counted under s. 343.307 (1). The court shall not order a motor vehicle equipped with an ignition interlock device or immobilized if that would result in undue hardship or extreme inconvenience or would endanger the health and safety of a person.

AB221-ASA1, s. 22 Section 22. 346.65 (6) (a) 1d. of the statutes is created to read:

AB221-ASA1,10,12 346.65 (6) (a) 1d. Except as provided in this subdivision, the court may order a law enforcement officer to equip with an ignition interlock device a motor vehicle owned by the person whose operating privilege is revoked under s. 343.305 (10) or who committed a violation of s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09 (1) (a), (b), (c) or (d) or 940.25 (1) (a), (b), (c) or (d). The court shall not order a motor vehicle equipped with an ignition interlock device if that would result in undue hardship or extreme inconvenience or would endanger the health or safety of a person.

AB221-ASA1, s. 23 Section 23. 346.65 (6) (a) 2. of the statutes is repealed.

AB221-ASA1, s. 24 Section 24. 346.65 (6) (a) 2m. of the statutes is amended to read:

AB221-ASA1,11,8 346.65 (6) (a) 2m. A person who owns a motor vehicle subject to seizure, equipping with an ignition interlock device or immobilization under this paragraph shall surrender to the clerk of circuit court the certificate of title issued under ch. 342 for every motor vehicle owned by the person. The person shall comply with this subdivision within 5 working days after receiving notification of this requirement from the district attorney. When a district attorney receives a copy of a notice of intent to revoke the operating privilege under s. 343.305 (9) (a) of a person who has 2 or more convictions, suspensions or revocations, as counted under s. 343.307 (1), or when a district attorney notifies the department of the filing of a criminal complaint against a person under s. 342.12 (4) (a), the district attorney shall notify the person of the requirement to surrender all certificates of title to the clerk of circuit court. The notification shall include the time limits for that surrender, the penalty for failure to comply with the requirement and the address of the clerk of circuit court. The clerk of circuit court shall promptly return each certificate of title surrendered to the clerk of circuit court under this subdivision after stamping the certificate of title with the notation "Per section 346.65 (6) of the Wisconsin statutes, ownership of this motor vehicle may not be transferred without prior court approval". Any person failing to surrender a certificate of title as required under this subdivision shall forfeit not more than $500.

AB221-ASA1, s. 25 Section 25. 346.65 (6) (c) of the statutes is amended to read:

AB221-ASA1,11,21 346.65 (6) (c) The district attorney of the county where the motor vehicle was seized, or of the county where the owner's operating privilege was ordered revoked under s. 343.305 (10) or where the owner committed the violation under s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09 (1) (a), (b), (c) or (d) or 940.25 (1) (a), (b), (c) or (d), shall commence an action to forfeit the motor vehicle within 30 days after the motor vehicle is seized. The action shall name the owner of the motor vehicle and all lienholders of record as parties. The forfeiture action shall be commenced by filing a summons, complaint and affidavit of the law enforcement agency with the clerk of circuit court. Upon service of an answer, the action shall be set for hearing within 60 days after the service of the answer. If no answer is served or no issue of law or fact joined and the time for that service or joining of issues has expired, the court may render a default judgment as provided in s. 806.02.

AB221-ASA1, s. 26 Section 26. 346.65 (6) (d) of the statutes is amended to read:

AB221-ASA1,12,8 346.65 (6) (d) At the hearing set under par. (c), the state has the burden of proving to a reasonable certainty by the greater weight of the credible evidence that the motor vehicle is a motor vehicle owned by a person whose operating privilege was ordered revoked under s. 343.305 (10) or who committed a violation of s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09 (1) (a), (b), (c) or (d) or 940.25 (1) (a), (b), (c) or (d) and, if the seizure is under par. (a) 1., that the person had 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1) or, if the seizure is under par. (a) 2., 3 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1). If the ,, (c) or (d) ,, (c) or (d) state fails to meet the burden of proof required under this paragraph, the motor vehicle shall be returned to the owner upon the payment of storage costs.

AB221-ASA1, s. 27 Section 27. 346.655 (1) of the statutes is amended to read:

AB221-ASA1,12,15 346.655 (1) On or after July 1, 1988, if If a court imposes a fine or a forfeiture for a violation of s. 346.63 (1) or (5), or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, it shall impose a driver improvement surcharge in an amount of $340 $345 in addition to the fine or forfeiture, penalty assessment, jail assessment and crime laboratories and drug law enforcement assessment.

AB221-ASA1, s. 28 Section 28. 346.655 (2) (a) of the statutes is amended to read:

AB221-ASA1,12,20 346.655 (2) (a) Except as provided in par. (b), the clerk of court shall collect and transmit the amount under sub. (1) to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment of 37.6% 38.5% of the amount to the state treasurer as provided in s. 59.25 (3) (f) 2.

AB221-ASA1, s. 29 Section 29. 346.655 (2) (b) of the statutes is amended to read:

AB221-ASA1,13,2 346.655 (2) (b) If the forfeiture is imposed by a municipal court, the court shall transmit the amount to the treasurer of the county, city, town or village, and that treasurer shall make payment of 37.6% 38.5% of the amount to the state treasurer as provided in s. 66.12 (1) (b). The treasurer of the city, town or village shall transmit the remaining 62.4% 61.5% of the amount to the treasurer of the county.

AB221-ASA1, s. 30 Section 30. 346.93 (2g) of the statutes is created to read:

AB221-ASA1,13,5 346.93 (2g) Any person violating this section may be required to forfeit not less than $20 nor more than $400 and shall have his or her operating privilege:

AB221-ASA1,13,6 (a) For a first violation, suspended under s. 343.30 (6) (b) 1.

AB221-ASA1,13,8 (b) For a violation committed within 12 months of a previous violation, suspended under s. 343.30 (6) (b) 2.

AB221-ASA1,13,10 (c) For a violation committed within 12 months of 2 or more previous violations, suspended under s. 343.30 (6) (b) 3.

AB221-ASA1, s. 31 Section 31. 346.95 (2) of the statutes is amended to read:

AB221-ASA1,13,13 346.95 (2) Any person violating s. 346.89 (1), 346.93 or 346.94 (2), (4) or (7) may be required to forfeit not less than $20 nor more than $400.

AB221-ASA1, s. 32 Section 32. 938.344 (2) (intro.) of the statutes is amended to read:

AB221-ASA1,13,18 938.344 (2) (intro.) If a court finds a juvenile committed a violation under s. 125.07 (4) (b) or 125.09 (2), or a local ordinance that strictly conforms to one of those statutes that statute, the court shall order one or any combination of the following penalties:

AB221-ASA1, s. 33 Section 33. 938.344 (2) (c) of the statutes is amended to read:

AB221-ASA1,13,24 938.344 (2) (c) For a violation committed within 12 months of 2 or more previous violations, a forfeiture of not more than $500, revocation suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 3. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g).

AB221-ASA1, s. 34 Section 34. 938.344 (2b) of the statutes is amended to read:

AB221-ASA1,14,3 938.344 (2b) If a court finds a juvenile committed a violation under s. 125.07 (4) (a) or (b), or a local ordinance which strictly conforms to s. 125.07 (4) (a) or (b), the court shall order one or any combination of the following penalties:

AB221-ASA1,14,9 (a) For a first violation, a forfeiture of not less than $250 nor more than $500, suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 1. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g). In addition to any penalty imposed under this paragraph, the court shall suspend the juvenile's operating privilege as provided in s. 343.30 (6) (b) 1.

AB221-ASA1,14,15 (b) For a violation committed within 12 months of a previous violation, a forfeiture of not less than $300 nor more than $500, suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 2. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g). In addition to any penalty imposed under this paragraph, the court shall suspend the juvenile's operating privilege as provided in s. 343.30 (6) (b) 2.

AB221-ASA1,14,21 (c) For a violation committed within 12 months of 2 or more previous violations, a forfeiture of $500, revocation of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 3. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g). In addition to any penalty imposed under this paragraph, the court shall suspend the juvenile's operating privilege as provided in s. 343.30 (6) (b) 3.

AB221-ASA1, s. 35 Section 35. 938.344 (2d) (c) of the statutes is amended to read:

AB221-ASA1,15,2 938.344 (2d) (c) For a violation committed within 12 months of 2 or more previous violations, a forfeiture of $500, revocation suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 3. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g).

AB221-ASA1, s. 36 Section 36. 940.09 (1d) of the statutes is renumbered 940.09 (1d) (b).

AB221-ASA1, s. 37 Section 37. 940.09 (1d) (a) of the statutes is created to read:

AB221-ASA1,15,7 940.09 (1d) (a) If a person commits an offense under sub. (1) (a), (b), (c) or (d), the procedure under s. 346.65 (6) may be followed regarding the equipping of a motor vehicle owned by the person with an ignition interlock device.

AB221-ASA1, s. 38 Section 38. 940.25 (1d) of the statutes is renumbered 940.25 (1d) (b).

AB221-ASA1, s. 39 Section 39. 940.25 (1d) (a) of the statutes is created to read:

AB221-ASA1,15,12 940.25 (1d) (a) If a person commits an offense under sub. (1) (a), (b), (c) or (d), the procedure under s. 346.65 may be followed regarding the equipping of a motor vehicle owned by the person with an ignition interlock device.

AB221-ASA1, s. 40 Section 40. 1997 Wisconsin Act 84, section 2 is repealed.

AB221-ASA1, s. 41 Section 41. 1997 Wisconsin Act 84, section 3 is repealed.

AB221-ASA1, s. 42 Section 42. 1997 Wisconsin Act 84, section 4 is repealed.

AB221-ASA1, s. 43 Section 43. 1997 Wisconsin Act 84, section 5 is repealed.

AB221-ASA1, s. 44 Section 44. 1997 Wisconsin Act 84, section 30 is repealed.

AB221-ASA1, s. 45 Section 45. 1997 Wisconsin Act 84, section 31 is repealed.

AB221-ASA1, s. 46 Section 46. 1997 Wisconsin Act 84, section 160 is repealed.

AB221-ASA1, s. 47 Section 47. 1997 Wisconsin Act 84, section 161 is repealed.

AB221-ASA1, s. 48 Section 48. 1997 Wisconsin Act 84, section 162 is repealed.

AB221-ASA1, s. 49 Section 49. Initial applicability.

AB221-ASA1,16,3 (1) Mandatory operating privilege suspensions. The treatment of sections 125.07 (4) (bs), (c) and (e) 2. (intro.), 343.30 (6) (b), 346.93 (2g), 346.95 (2) and 938.344 (2) (intro.) and (c), (2b) and (2d) (c) of the statutes first applies to violations committed on the effective date of this subsection, but does not preclude the counting of other violations as prior violations for sentencing a person or for suspending or revoking a person's operating privilege.

AB221-ASA1,16,13 (2) Intoxicated driver programs. The treatment of sections 85.55, 340.01 (46m) (b) and (c), 342.12 (4) (a) and (c) 1. (intro.), 343.10 (5) (a) 3., 343.305 (10m) (a), 346.65 (6) (a) 1., 1d., 2. and 2m., (c) and (d), 940.09 (1d) (a) and 940.25 (1d) (a) of the statutes and the renumbering of sections 343.305 (10m), 940.09 (1d) and 940.25 (1d) of the statutes first apply to violations committed or refusals occurring on the effective date of this subsection, but does not preclude the counting of other convictions, suspensions or revocations as prior convictions, suspensions or revocations for purposes of administrative action by the department of transportation, sentencing by a court, revocation or suspension of operating privileges or determining the prohibited alcohol concentration.

AB221-ASA1,16,17 (3) Intoxicated driver improvement surcharge. The treatment of sections 20.395 (5) (ek), 20.435 (6) (hx) and 346.655 (1) and (2) (a) and (b) of the statutes first applies to intoxicated driver improvement surcharges imposed for violations committed on the effective date of this subsection.

AB221-ASA1, s. 50 Section 50. Effective date.

AB221-ASA1,16,20 (1) This act takes effect on the first day of the 4th month beginning after publication.

AB221-ASA1,16,21 (End)