AB221-ASA1, s. 12 6Section 12. 303.08 (10m) of the statutes is created to read:
AB221-ASA1,7,127 303.08 (10m) The sheriff may not permit a prisoner who is imprisoned for a
8violation of s. 346.63 (1), (2), (5) or (6) to leave the jail under sub. (1) if the prisoner
9fails to obtain the assessment or to comply with the driver safety plan ordered under
10s. 343.30 (1q) (c). This subsection does not apply if the prisoner does not have
11sufficient funds to make any payments necessary to obtain the assessment or to
12comply with the driver safety plan.
AB221-ASA1, s. 13 13Section 13. 340.01 (46m) (b) of the statutes is amended to read:
AB221-ASA1,7,1514 340.01 (46m) (b) If the person has 2 or more prior convictions, suspensions or
15revocations, as counted under s. 343.307 (1), an alcohol concentration of 0.08 or more.
AB221-ASA1, s. 14 16Section 14. 340.01 (46m) (c) of the statutes is created to read:
AB221-ASA1,7,1917 340.01 (46m) (c) If the person has 3 or more prior convictions, suspensions or
18revocations, as counted under s. 343.307 (1), an alcohol concentration of more than
190.02.
AB221-ASA1, s. 15 20Section 15. 342.12 (4) (a) of the statutes is amended to read:
AB221-ASA1,8,321 342.12 (4) (a) The district attorney shall notify the department when he or she
22files a criminal complaint against a person who has been arrested for violating s.
23346.63 (1) or (2), 940.09 (1) or 940.25 and who has 2 or more prior convictions,
24suspensions or revocations, as counted under s. 343.307 (1)
. Except as provided
25under par. (c), the department may not issue a certificate of title transferring

1ownership of any motor vehicle owned by the person upon receipt of a notice under
2this subsection until the court assigned to hear the criminal complaint issues an
3order permitting the department to issue a certificate of title.
AB221-ASA1, s. 16 4Section 16. 342.12 (4) (c) 1. (intro.) of the statutes is amended to read:
AB221-ASA1,8,105 342.12 (4) (c) 1. (intro.) The department shall issue a certificate of title
6transferring ownership of a motor vehicle that was owned by a person who has
7received a notice of intent to revoke the person's operating privilege under s. 343.305
8(9) (a) or has been arrested for violating s. 346.63 (1) or (2), 940.09 (1) or 940.25 and
9who has 2 or more prior convictions, suspensions or revocations, as counted under
10s. 343.307 (1)
, if all of the following conditions are met:
AB221-ASA1, s. 17 11Section 17. 343.10 (5) (a) 3. of the statutes is amended to read:
AB221-ASA1,8,2512 343.10 (5) (a) 3. If the applicant has 2 or more prior convictions, suspensions
13or revocations, as counted under s. 343.307 (1), the
The occupational license of the
14applicant shall restrict the applicant's operation under the occupational license to
15vehicles that are equipped with a functioning ignition interlock device if the court
16has ordered under s. 346.65 (6) (a) 1. 1d. or 1g. that a motor vehicle owned by the
17person be equipped with an ignition interlock device. A person to whom a restriction
18under this subdivision applies violates that restriction if he or she requests or
19permits another to blow into an ignition interlock device or to start a motor vehicle
20equipped with an ignition interlock device for the purpose of providing the person an
21operable motor vehicle without the necessity of first submitting a sample of his or her
22breath to analysis by the ignition interlock device. If the occupational license
23restricts the applicant's operation to a vehicle that is equipped with an ignition
24interlock device, the applicant shall be liable for the reasonable costs of equipping
25the vehicle with the ignition interlock device.
AB221-ASA1, s. 18
1Section 18. 343.30 (6) (b) of the statutes is amended to read:
AB221-ASA1,9,42 343.30 (6) (b) If Whenever a court imposes suspension or revocation of a
3person's operating privilege under s. 125.07 (4) (bs) or (c) or 938.344 (2), (2b) or (2d),
4the suspension or revocation imposed shall be one of the following:
AB221-ASA1,9,65 1. For a first violation, suspension for 30 to 90 days not less than 6 months nor
6more than one year
.
AB221-ASA1,9,87 2. For a violation committed within 12 months of a previous violation,
8suspension for not more less than one year nor more than 18 months.
AB221-ASA1,9,109 3. For a violation committed within 12 months of 2 or more previous violations,
10revocation suspension for not more less than 2 years nor more than 5 years.
AB221-ASA1, s. 19 11Section 19. 343.305 (10m) of the statutes is renumbered 343.305 (10m) (b).
AB221-ASA1, s. 20 12Section 20. 343.305 (10m) (a) of the statutes is created to read:
AB221-ASA1,9,1513 343.305 (10m) (a) If the person's operating privilege is revoked under sub. (10),
14the procedure under s. 346.65 (6) shall be followed regarding the equipping of a motor
15vehicle owned by the person with an ignition interlock device.
AB221-ASA1, s. 21 16Section 21. 346.65 (6) (a) 1. of the statutes is renumbered 346.65 (6) (a) 1g. and
17amended to read:
AB221-ASA1,9,2518 346.65 (6) (a) 1g. Except as provided in this paragraph, the court may order a
19law enforcement officer to seize a motor vehicle, or, if the motor vehicle is not ordered
20seized, shall order a law enforcement officer to equip the motor vehicle with an
21ignition interlock device or immobilize any motor vehicle owned by the person whose
22operating privilege is revoked under s. 343.305 (10) or who committed a violation of
23s. 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),
24(c) or (d) if the person whose operating privilege is revoked under s. 343.305 (10) or
25who is convicted of the violation has 2 or more prior suspensions, revocations or

1convictions that would be counted under s. 343.307 (1). The court shall not order a
2motor vehicle equipped with an ignition interlock device or immobilized if that would
3result in undue hardship or extreme inconvenience or would endanger the health
4and safety of a person.
AB221-ASA1, s. 22 5Section 22. 346.65 (6) (a) 1d. of the statutes is created to read:
AB221-ASA1,10,126 346.65 (6) (a) 1d. Except as provided in this subdivision, the court may order
7a law enforcement officer to equip with an ignition interlock device a motor vehicle
8owned by the person whose operating privilege is revoked under s. 343.305 (10) or
9who committed a violation of s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09 (1) (a),
10(b), (c) or (d) or 940.25 (1) (a), (b), (c) or (d). The court shall not order a motor vehicle
11equipped with an ignition interlock device if that would result in undue hardship or
12extreme inconvenience or would endanger the health or safety of a person.
AB221-ASA1, s. 23 13Section 23. 346.65 (6) (a) 2. of the statutes is repealed.
AB221-ASA1, s. 24 14Section 24. 346.65 (6) (a) 2m. of the statutes is amended to read:
AB221-ASA1,11,815 346.65 (6) (a) 2m. A person who owns a motor vehicle subject to seizure,
16equipping with an ignition interlock device or immobilization under this paragraph
17shall surrender to the clerk of circuit court the certificate of title issued under ch. 342
18for every motor vehicle owned by the person. The person shall comply with this
19subdivision within 5 working days after receiving notification of this requirement
20from the district attorney. When a district attorney receives a copy of a notice of
21intent to revoke the operating privilege under s. 343.305 (9) (a) of a person who has
222 or more convictions, suspensions or revocations, as counted under s. 343.307 (1)
,
23or when a district attorney notifies the department of the filing of a criminal
24complaint against a person under s. 342.12 (4) (a), the district attorney shall notify
25the person of the requirement to surrender all certificates of title to the clerk of circuit

1court. The notification shall include the time limits for that surrender, the penalty
2for failure to comply with the requirement and the address of the clerk of circuit
3court. The clerk of circuit court shall promptly return each certificate of title
4surrendered to the clerk of circuit court under this subdivision after stamping the
5certificate of title with the notation "Per section 346.65 (6) of the Wisconsin statutes,
6ownership of this motor vehicle may not be transferred without prior court approval".
7Any person failing to surrender a certificate of title as required under this
8subdivision shall forfeit not more than $500.
AB221-ASA1, s. 25 9Section 25. 346.65 (6) (c) of the statutes is amended to read:
AB221-ASA1,11,2110 346.65 (6) (c) The district attorney of the county where the motor vehicle was
11seized, or of the county where the owner's operating privilege was ordered revoked
12under s. 343.305 (10) or where the owner committed the violation under s. 346.63 (1)
13(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),

14shall commence an action to forfeit the motor vehicle within 30 days after the motor
15vehicle is seized. The action shall name the owner of the motor vehicle and all
16lienholders of record as parties. The forfeiture action shall be commenced by filing
17a summons, complaint and affidavit of the law enforcement agency with the clerk of
18circuit court. Upon service of an answer, the action shall be set for hearing within
1960 days after the service of the answer. If no answer is served or no issue of law or
20fact joined and the time for that service or joining of issues has expired, the court may
21render a default judgment as provided in s. 806.02.
AB221-ASA1, s. 26 22Section 26. 346.65 (6) (d) of the statutes is amended to read:
AB221-ASA1,12,823 346.65 (6) (d) At the hearing set under par. (c), the state has the burden of
24proving to a reasonable certainty by the greater weight of the credible evidence that
25the motor vehicle is a motor vehicle owned by a person whose operating privilege was

1ordered revoked under s. 343.305 (10) or
who committed a violation of s. 346.63 (1)
2(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)
3and, if the seizure is under par. (a) 1., that the person had 2 or more prior convictions,
4suspensions or revocations, as counted under s. 343.307 (1) or, if the seizure is under
5par. (a) 2., 3 or more prior convictions, suspensions or revocations, as counted under
6s. 343.307 (1)
. If the ,, (c) or (d) ,, (c) or (d) state fails to meet the burden of proof
7required under this paragraph, the motor vehicle shall be returned to the owner upon
8the payment of storage costs.
AB221-ASA1, s. 27 9Section 27. 346.655 (1) of the statutes is amended to read:
AB221-ASA1,12,1510 346.655 (1) On or after July 1, 1988, if If a court imposes a fine or a forfeiture
11for a violation of s. 346.63 (1) or (5), or a local ordinance in conformity therewith, or
12s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a
13vehicle, it shall impose a driver improvement surcharge in an amount of $340 $345
14in addition to the fine or forfeiture, penalty assessment, jail assessment and crime
15laboratories and drug law enforcement assessment.
AB221-ASA1, s. 28 16Section 28. 346.655 (2) (a) of the statutes is amended to read:
AB221-ASA1,12,2017 346.655 (2) (a) Except as provided in par. (b), the clerk of court shall collect and
18transmit the amount under sub. (1) to the county treasurer as provided in s. 59.40
19(2) (m). The county treasurer shall then make payment of 37.6% 38.5% of the amount
20to the state treasurer as provided in s. 59.25 (3) (f) 2.
AB221-ASA1, s. 29 21Section 29. 346.655 (2) (b) of the statutes is amended to read:
AB221-ASA1,13,222 346.655 (2) (b) If the forfeiture is imposed by a municipal court, the court shall
23transmit the amount to the treasurer of the county, city, town or village, and that
24treasurer shall make payment of 37.6% 38.5% of the amount to the state treasurer

1as provided in s. 66.12 (1) (b). The treasurer of the city, town or village shall transmit
2the remaining 62.4% 61.5% of the amount to the treasurer of the county.
AB221-ASA1, s. 30 3Section 30. 346.93 (2g) of the statutes is created to read:
AB221-ASA1,13,54 346.93 (2g) Any person violating this section may be required to forfeit not less
5than $20 nor more than $400 and shall have his or her operating privilege:
AB221-ASA1,13,66 (a) For a first violation, suspended under s. 343.30 (6) (b) 1.
AB221-ASA1,13,87 (b) For a violation committed within 12 months of a previous violation,
8suspended under s. 343.30 (6) (b) 2.
AB221-ASA1,13,109 (c) For a violation committed within 12 months of 2 or more previous violations,
10suspended under s. 343.30 (6) (b) 3.
AB221-ASA1, s. 31 11Section 31. 346.95 (2) of the statutes is amended to read:
AB221-ASA1,13,1312 346.95 (2) Any person violating s. 346.89 (1), 346.93 or 346.94 (2), (4) or (7) may
13be required to forfeit not less than $20 nor more than $400.
AB221-ASA1, s. 32 14Section 32. 938.344 (2) (intro.) of the statutes is amended to read:
AB221-ASA1,13,1815 938.344 (2) (intro.) If a court finds a juvenile committed a violation under s.
16125.07 (4) (b) or 125.09 (2), or a local ordinance that strictly conforms to one of those
17statutes
that statute, the court shall order one or any combination of the following
18penalties:
AB221-ASA1, s. 33 19Section 33. 938.344 (2) (c) of the statutes is amended to read:
AB221-ASA1,13,2420 938.344 (2) (c) For a violation committed within 12 months of 2 or more
21previous violations, a forfeiture of not more than $500, revocation suspension of the
22juvenile's operating privilege as provided under s. 343.30 (6) (b) 3. or the juvenile's
23participation in a supervised work program or other community service work under
24s. 938.34 (5g).
AB221-ASA1, s. 34 25Section 34. 938.344 (2b) of the statutes is amended to read:
AB221-ASA1,14,3
1938.344 (2b) If a court finds a juvenile committed a violation under s. 125.07
2(4) (a) or (b), or a local ordinance which strictly conforms to s. 125.07 (4) (a) or (b), the
3court shall order one or any combination of the following penalties:
AB221-ASA1,14,94 (a) For a first violation, a forfeiture of not less than $250 nor more than $500,
5suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 1.

6or the juvenile's participation in a supervised work program or other community
7service work under s. 938.34 (5g). In addition to any penalty imposed under this
8paragraph, the court shall suspend the juvenile's operating privilege as provided in
9s. 343.30 (6) (b) 1.
AB221-ASA1,14,1510 (b) For a violation committed within 12 months of a previous violation, a
11forfeiture of not less than $300 nor more than $500, suspension of the juvenile's
12operating privilege as provided under s. 343.30 (6) (b) 2.
or the juvenile's
13participation in a supervised work program or other community service work under
14s. 938.34 (5g). In addition to any penalty imposed under this paragraph, the court
15shall suspend the juvenile's operating privilege as provided in s. 343.30 (6) (b) 2.
AB221-ASA1,14,2116 (c) For a violation committed within 12 months of 2 or more previous violations,
17a forfeiture of $500, revocation of the juvenile's operating privilege as provided under
18s. 343.30 (6) (b) 3.
or the juvenile's participation in a supervised work program or
19other community service work under s. 938.34 (5g). In addition to any penalty
20imposed under this paragraph, the court shall suspend the juvenile's operating
21privilege as provided in s. 343.30 (6) (b) 3.
AB221-ASA1, s. 35 22Section 35. 938.344 (2d) (c) of the statutes is amended to read:
AB221-ASA1,15,223 938.344 (2d) (c) For a violation committed within 12 months of 2 or more
24previous violations, a forfeiture of $500, revocation suspension of the juvenile's
25operating privilege as provided under s. 343.30 (6) (b) 3. or the juvenile's

1participation in a supervised work program or other community service work under
2s. 938.34 (5g).
AB221-ASA1, s. 36 3Section 36. 940.09 (1d) of the statutes is renumbered 940.09 (1d) (b).
AB221-ASA1, s. 37 4Section 37. 940.09 (1d) (a) of the statutes is created to read:
AB221-ASA1,15,75 940.09 (1d) (a) If a person commits an offense under sub. (1) (a), (b), (c) or (d),
6the procedure under s. 346.65 (6) may be followed regarding the equipping of a motor
7vehicle owned by the person with an ignition interlock device.
AB221-ASA1, s. 38 8Section 38. 940.25 (1d) of the statutes is renumbered 940.25 (1d) (b).
AB221-ASA1, s. 39 9Section 39. 940.25 (1d) (a) of the statutes is created to read:
AB221-ASA1,15,1210 940.25 (1d) (a) If a person commits an offense under sub. (1) (a), (b), (c) or (d),
11the procedure under s. 346.65 may be followed regarding the equipping of a motor
12vehicle owned by the person with an ignition interlock device.
AB221-ASA1, s. 40 13Section 40. 1997 Wisconsin Act 84, section 2 is repealed.
AB221-ASA1, s. 41 14Section 41. 1997 Wisconsin Act 84, section 3 is repealed.
AB221-ASA1, s. 42 15Section 42. 1997 Wisconsin Act 84, section 4 is repealed.
AB221-ASA1, s. 43 16Section 43. 1997 Wisconsin Act 84, section 5 is repealed.
AB221-ASA1, s. 44 17Section 44. 1997 Wisconsin Act 84, section 30 is repealed.
AB221-ASA1, s. 45 18Section 45. 1997 Wisconsin Act 84, section 31 is repealed.
AB221-ASA1, s. 46 19Section 46. 1997 Wisconsin Act 84, section 160 is repealed.
AB221-ASA1, s. 47 20Section 47. 1997 Wisconsin Act 84, section 161 is repealed.
AB221-ASA1, s. 48 21Section 48. 1997 Wisconsin Act 84, section 162 is repealed.
AB221-ASA1, s. 49 22Section 49. Initial applicability.
AB221-ASA1,16,323 (1) Mandatory operating privilege suspensions. The treatment of sections
24125.07 (4) (bs), (c) and (e) 2. (intro.), 343.30 (6) (b), 346.93 (2g), 346.95 (2) and 938.344
25(2) (intro.) and (c), (2b) and (2d) (c) of the statutes first applies to violations committed

1on the effective date of this subsection, but does not preclude the counting of other
2violations as prior violations for sentencing a person or for suspending or revoking
3a person's operating privilege.
AB221-ASA1,16,134 (2) Intoxicated driver programs. The treatment of sections 85.55, 340.01
5(46m) (b) and (c), 342.12 (4) (a) and (c) 1. (intro.), 343.10 (5) (a) 3., 343.305 (10m) (a),
6346.65 (6) (a) 1., 1d., 2. and 2m., (c) and (d), 940.09 (1d) (a) and 940.25 (1d) (a) of the
7statutes and the renumbering of sections 343.305 (10m), 940.09 (1d) and 940.25 (1d)
8of the statutes first apply to violations committed or refusals occurring on the
9effective date of this subsection, but does not preclude the counting of other
10convictions, suspensions or revocations as prior convictions, suspensions or
11revocations for purposes of administrative action by the department of
12transportation, sentencing by a court, revocation or suspension of operating
13privileges or determining the prohibited alcohol concentration.
AB221-ASA1,16,1714 (3) Intoxicated driver improvement surcharge. The treatment of sections
1520.395 (5) (ek), 20.435 (6) (hx) and 346.655 (1) and (2) (a) and (b) of the statutes first
16applies to intoxicated driver improvement surcharges imposed for violations
17committed on the effective date of this subsection.
AB221-ASA1, s. 50 18Section 50. Effective date.
AB221-ASA1,16,2019 (1) This act takes effect on the first day of the 4th month beginning after
20publication.
Loading...
Loading...