AB221-ASA2,5,9
185.55 Safe-ride grant program. The department may award grants to any
2county or municipality to cover the costs of transporting persons suspected of having
3a prohibited alcohol concentration, as defined in s. 340.01 (46m), from any premises
4licensed under ch. 125 to sell alcohol beverages to their places of residence. The
5amount of a grant under this section may not exceed 50% of the costs necessary to
6provide the service. The liability of a provider of a safe-ride program to persons
7transported under the program is limited to the amounts required for an automobile
8liability policy under s. 344.15 (1). Grants awarded under this section shall be paid
9from the appropriation under s. 20.395 (5) (ek).
AB221-ASA2,5,13
11110.10 Ignition interlock device program. The department shall
12promulgate rules providing for the implementation of a statewide ignition interlock
13device program. The rules shall include provisions regarding all of following:
AB221-ASA2,5,15
14(1) The selection of persons to install, service and remove ignition interlock
15devices from motor vehicles.
AB221-ASA2,5,17
16(2) The periodic review of the fees charged to the owner of a vehicle for the
17installation, service and removal of an ignition interlock device.
AB221-ASA2,5,19
18(3) Requiring ignition interlock device providers operating in this state to
19establish pilot programs involving the voluntary use of ignition interlock devices.
AB221-ASA2,5,22
20(4) Requiring ignition interlock device providers operating in this state to
21provide the department and law enforcement agencies designated by the department
22with installation, service, tampering and failure reports in a timely manner.
AB221-ASA2, s. 8
23Section
8. 125.07 (4) (bs) of the statutes is amended to read:
AB221-ASA2,5,2524
125.07
(4) (bs) Any person violating par. (a)
is subject to the following penalties
25shall be penalized as follows:
AB221-ASA2,6,5
11. For a first violation,
the person's operating privilege shall be suspended
2under s. 343.30 (6) (b) 1. In addition, the person is subject to a forfeiture of not less
3than $250 nor more than $500,
suspension of the person's operating privilege as
4provided under s. 343.30 (6) (b) 1., participation in a supervised work program or
5other community service work under par. (cg) or any combination of these penalties.
AB221-ASA2,6,116
2. For a violation committed within 12 months of a previous violation,
the
7person's operating privilege shall be suspended under s. 343.30 (6) (b) 2. In addition,
8the person is subject to either a forfeiture of not less than $300 nor more than $500,
9suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 2., 10participation in a supervised work program or other community service work under
11par. (cg) or any combination of these penalties.
AB221-ASA2,6,1712
3. For a violation committed within 12 months of 2 previous violations,
the
13person's operating privilege shall be suspended under s. 343.30 (6) (b) 3. In addition,
14the person is subject to either a forfeiture of not less than $500 nor more than $750,
15revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation
16in a supervised work program or other community service work under par. (cg) or any
17combination of these penalties.
AB221-ASA2,6,2318
4. For a violation committed within 12 months of 3 or more previous violations,
19the person's operating privilege shall be suspended under s. 343.30 (6) (b) 3. In
20addition, the person is subject to either a forfeiture of not less than $750 nor more
21than $1,000,
revocation of the person's operating privilege under s. 343.30 (6) (b) 3., 22participation in a supervised work program or other community service work under
23par. (cg) or any combination of these penalties.
AB221-ASA2, s. 9
24Section
9. 125.07 (4) (c) of the statutes is amended to read:
AB221-ASA2,7,2
1125.07
(4) (c) Any person violating par. (b)
is subject to the following penalties 2shall be penalized as follows:
AB221-ASA2,7,73
1. For a first violation,
the person's operating privilege shall be suspended
4under s. 343.30 (6) (b) 1. In addition, the person is subject to a forfeiture of not less
5than $100 nor more than $200,
suspension of the person's operating privilege as
6provided under s. 343.30 (6) (b) 1., participation in a supervised work program or
7other community service work under par. (cg) or any combination of these penalties.
AB221-ASA2,7,138
2. For a violation committed within 12 months of a previous violation,
the
9person's operating privilege shall be suspended under s. 343.30 (6) (b) 2. In addition,
10the person is subject to either a forfeiture of not less than $200 nor more than $300,
11suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 2., 12participation in a supervised work program or other community service work under
13par. (cg) or any combination of these penalties.
AB221-ASA2,7,1914
3. For a violation committed within 12 months of 2 previous violations,
the
15person's operating privilege shall be suspended under s. 343.30 (6) (b) 3. In addition,
16the person is subject to either a forfeiture of not less than $300 nor more than $500,
17revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation
18in a supervised work program or other community service work under par. (cg) or any
19combination of these penalties.
AB221-ASA2,7,2520
4. For a violation committed within 12 months of 3 or more previous violations,
21the person's operating privilege shall be suspended under s. 343.30 (6) (b) 3. In
22addition, the person is subject to either a forfeiture of not less than $500 nor more
23than $1,000,
revocation of the person's operating privilege under s. 343.30 (6) (b) 3., 24participation in a supervised work program or other community service work under
25par. (cg) or any combination of these penalties.
AB221-ASA2, s. 10
1Section
10. 125.07 (4) (e) 2. (intro.) of the statutes is amended to read:
AB221-ASA2,8,72
125.07
(4) (e) 2. (intro.) After ordering a penalty under par. (bs) or (c), the court,
3with the agreement of the defendant, may enter an additional order staying the
4execution of the penalty order and suspending or modifying the penalty imposed
,
5except that the court may not stay, suspend or modify the suspension of a person's
6operating privilege required under par. (bs) or (c). The order under this subdivision
7shall require the defendant to do any of the following:
AB221-ASA2,8,159
165.83
(2) (e) Obtain and file a copy or detailed description of each arrest
10warrant issued in this state for the offenses under par. (a)
or s. 800.03 (4) but not
11served because the whereabouts of the person named on the warrant is unknown or
12because that person has left the state. All available identifying data shall be
13obtained with the copy of the warrant, including any information indicating that the
14person named on the warrant may be armed, dangerous or possessed of suicidal
15tendencies.
AB221-ASA2,8,2317
303.065
(2m) The department may not grant work release privileges to a
18prisoner who is imprisoned for a violation of s. 346.63 (1), (2), (5) or (6) and who fails
19to obtain the assessment or to comply with the driver safety plan ordered under s.
20343.30 (1q) (c) related to the violation for which he or she was imprisoned. This
21subsection does not apply if the prisoner does not have sufficient funds to make any
22payments necessary to obtain the assessment or to comply with the driver safety
23plan.
AB221-ASA2,9,2
1303.08
(1) (cg) Attendance at an assessment ordered by a court under s. 343.30
2(1q) (c);
AB221-ASA2,9,54
303.08
(1) (cm) Attendance at a treatment program required by a driver safety
5plan under s. 343.30 (1q) (c);
AB221-ASA2,9,127
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-ASA2,9,1514
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-ASA2,9,1917
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-ASA2,9,2521
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-ASA2, s. 19
4Section
19. 342.12 (4) (c) 1. (intro.) of the statutes is amended to read:
AB221-ASA2,10,105
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-ASA2, s. 20
11Section
20. 343.10 (5) (a) 3. of the statutes is amended to read:
AB221-ASA2,10,2512
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-ASA2,11,42
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-ASA2,11,65
1. For a first violation, suspension for
30 to 90 days not less than 6 months nor
6more than one year.
AB221-ASA2,11,87
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-ASA2,11,109
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-ASA2, s. 22
11Section
22. 343.305 (10m) of the statutes is renumbered 343.305 (10m) (b).
AB221-ASA2, s. 23
12Section
23. 343.305 (10m) (a) of the statutes is created to read:
AB221-ASA2,11,1513
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-ASA2,11,2217
346.65
(2) (b) Except as provided in
par. pars. (f)
and (g), shall be fined not less
18than $300 nor more than $1,000 and imprisoned for not less than 5 days nor more
19than 6 months if the total number of suspensions, revocations and convictions
20counted under s. 343.307 (1) equals 2 within a 10-year period. Suspensions,
21revocations or convictions arising out of the same incident or occurrence shall be
22counted as one.
AB221-ASA2,12,424
346.65
(2) (c) Except as provided in
par. pars. (f)
and (g), shall be fined not less
25than $600 nor more than $2,000 and imprisoned for not less than 30 days nor more
1than one year in the county jail if the total number of suspensions, revocations and
2convictions counted under s. 343.307 (1) equals 3, except that suspensions,
3revocations or convictions arising out of the same incident or occurrence shall be
4counted as one.
AB221-ASA2,12,116
346.65
(2) (d) Except as provided in
par. pars. (f)
and (g), shall be fined not less
7than $600 nor more than $2,000 and imprisoned for not less than 60 days nor more
8than one year in the county jail if the total number of suspensions, revocations and
9convictions counted under s. 343.307 (1) equals 4, except that suspensions,
10revocations or convictions arising out of the same incident or occurrence shall be
11counted as one.
AB221-ASA2,12,1713
346.65
(2) (e) Except as provided in
par. pars. (f)
and (g), shall be fined not less
14than $600 nor more than $2,000 and imprisoned for not less than 6 months nor more
15than 5 years if the total number of suspensions, revocations and convictions counted
16under s. 343.307 (1) equals 5 or more, except that suspensions, revocations or
17convictions arising out of the same incident or occurrence shall be counted as one.
AB221-ASA2,12,2019
346.65
(2) (g) 1. If a person convicted had an alcohol concentration of 0.15 to
200.199, the applicable minimum and maximum fines under pars. (b) to (e) are doubled.
AB221-ASA2,12,2221
2. If a person convicted had an alcohol concentration of 0.20 to 0.249, the
22applicable minimum and maximum fines under pars. (b) to (e) are tripled.
AB221-ASA2,12,2423
3. If a person convicted had an alcohol concentration of 0.25 or above, the
24applicable minimum and maximum fines under pars. (b) to (e) are quadrupled.
AB221-ASA2,13,7
1346.65
(2e) If the court determines that a person does not have the ability to
2pay the costs and fine or forfeiture imposed under sub. (2) (a), (b), (c), (d), (e)
or, (f)
3or (g), the court may reduce the costs, fine and forfeiture imposed and order the
4person to pay, toward the cost of the assessment and driver safety plan imposed
5under s. 343.30 (1q) (c), the difference between the amount of the reduced costs and
6fine or forfeiture and the amount of costs and fine or forfeiture imposed under sub.
7(2) (a), (b), (c), (d), (e)
or, (f)
or (g).
AB221-ASA2,13,179
346.65
(2g) (a) In addition to the authority of the court under s. 973.05 (3) (a)
10to provide that a defendant perform community service work for a public agency or
11a nonprofit charitable organization in lieu of part or all of a fine imposed under sub.
12(2) (b) to
(f) (g) and except as provided in par. (ag), the court may provide that a
13defendant perform community service work for a public agency or a nonprofit
14charitable organization in lieu of part or all of a forfeiture under sub. (2) (a) or may
15require a person who is subject to sub. (2) to perform community service work for a
16public agency or a nonprofit charitable organization in addition to the penalties
17specified under sub. (2).
AB221-ASA2,14,2
18(am) Notwithstanding s. 973.05 (3) (b), an order
under par. (a) or (ag) may only
19apply if agreed to by the organization or agency. The court shall ensure that the
20defendant is provided a written statement of the terms of the community service
21order and that the community service order is monitored. Any organization or
22agency acting in good faith to which a defendant is assigned pursuant to an order
23under this subsection has immunity from any civil liability in excess of $25,000 for
24acts or omissions by or impacting on the defendant. The issuance or possibility of the
25issuance of a community service order under this subsection does not entitle an
1indigent defendant who is subject to sub. (2) (a) to representation by counsel under
2ch. 977.
AB221-ASA2,14,114
346.65
(2g) (ag) If the court determines that a person does not have the ability
5to pay a fine imposed under sub. (2) (b) to (g), the court shall require the defendant
6to perform community service work for a public agency or a nonprofit charitable
7organization in lieu of paying the fine imposed or, if the amount of the fine was
8reduced under sub. (2e), in lieu of paying the remaining amount of the fine. Each
9hour of community service performed in compliance with an order under this
10paragraph shall reduce the amount of the fine owed by an amount determined by the
11court.
AB221-ASA2,15,213
346.65
(2g) (b) The court may require a person ordered to perform community
14service work under par. (a)
or (ag), or under s. 973.05 (3) (a) if that person's fine
15resulted from violating s. 346.63 (2), 940.09 (1) or 940.25, to participate in community
16service work that demonstrates the adverse effects of substance abuse or of operating
17a vehicle while under the influence of an intoxicant or other drug, including working
18at an alcoholism treatment facility approved under s. 51.45, an emergency room of
19a general hospital or a driver awareness program under s. 346.637. The court may
20order the person to pay a reasonable fee, based on the person's ability to pay, to offset
21the cost of establishing, maintaining and monitoring the community service work
22ordered under this paragraph. If the opportunities available to perform community
23service work are fewer in number than the number of defendants eligible under this
24subsection, the court shall, when making an order under this paragraph, give
25preference to defendants who were under 21 years of age at the time of the offense.
1All provisions of par.
(a) (am) apply to any community service work ordered under
2this paragraph.
AB221-ASA2,15,144
346.65
(2g) (c) If there was a minor passenger under 16 years of age in the
5motor vehicle or commercial motor vehicle at the time of the violation that gave rise
6to the conviction, the court may require a person ordered to perform community
7service work under par. (a)
or (ag), or under s. 973.05 (3) (a) if that person's fine
8resulted from violating s. 346.63 (2), (5) (a) or (6) (a), 940.09 (1) or 940.25, to
9participate in community service work that benefits children or that demonstrates
10the adverse effects on children of substance abuse or of operating a vehicle while
11under the influence of an intoxicant or other drug. The court may order the person
12to pay a reasonable fee, based on the person's ability to pay, to offset the cost of
13establishing, maintaining and monitoring the community service work ordered
14under this paragraph.
AB221-ASA2, s. 34
15Section
34. 346.65 (6) (a) 1. of the statutes is renumbered 346.65 (6) (a) 1g. and
16amended to read:
AB221-ASA2,16,317
346.65
(6) (a) 1g. Except as provided in this paragraph, the court may order a
18law enforcement officer to seize a motor vehicle, or, if the motor vehicle is not ordered
19seized, shall order a law enforcement officer to equip the motor vehicle with an
20ignition interlock device or immobilize any motor vehicle owned by the person whose
21operating privilege is revoked under s. 343.305 (10) or who committed a violation of
22s. 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),
23(c) or (d) if the person whose operating privilege is revoked under s. 343.305 (10) or
24who is convicted of the violation has 2
or more prior suspensions, revocations or
25convictions that would be counted under s. 343.307 (1). The court shall not order a
1motor vehicle equipped with an ignition interlock device or immobilized if that would
2result in undue hardship or extreme inconvenience or would endanger the health
3and safety of a person.
AB221-ASA2, s. 35
4Section
35. 346.65 (6) (a) 1d. of the statutes is created to read:
AB221-ASA2,16,115
346.65
(6) (a) 1d. Except as provided in this subdivision, the court may order
6a law enforcement officer to equip with an ignition interlock device a motor vehicle
7owned by the person whose operating privilege is revoked under s. 343.305 (10) or
8who committed a violation of s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09 (1) (a),
9(b), (c) or (d) or 940.25 (1) (a), (b), (c) or (d). The court shall not order a motor vehicle
10equipped with an ignition interlock device if that would result in undue hardship or
11extreme inconvenience or would endanger the health or safety of a person.
AB221-ASA2, s. 37
13Section
37. 346.65 (6) (a) 2m. of the statutes is amended to read:
AB221-ASA2,17,714
346.65
(6) (a) 2m. A person who owns a motor vehicle subject to seizure,
15equipping with an ignition interlock device or immobilization under this paragraph
16shall surrender to the clerk of circuit court the certificate of title issued under ch. 342
17for every motor vehicle owned by the person. The person shall comply with this
18subdivision within 5 working days after receiving notification of this requirement
19from the district attorney. When a district attorney receives a copy of a notice of
20intent to revoke the operating privilege under s. 343.305 (9) (a)
of a person who has
212 or more convictions, suspensions or revocations, as counted under s. 343.307 (1),
22or when a district attorney notifies the department of the filing of a criminal
23complaint against a person under s. 342.12 (4) (a), the district attorney shall notify
24the person of the requirement to surrender all certificates of title to the clerk of circuit
25court. The notification shall include the time limits for that surrender, the penalty
1for failure to comply with the requirement and the address of the clerk of circuit
2court. The clerk of circuit court shall promptly return each certificate of title
3surrendered to the clerk of circuit court under this subdivision after stamping the
4certificate of title with the notation "Per section 346.65 (6) of the Wisconsin statutes,
5ownership of this motor vehicle may not be transferred without prior court approval".
6Any person failing to surrender a certificate of title as required under this
7subdivision shall forfeit not more than $500.
AB221-ASA2,17,209
346.65
(6) (c) The district attorney of the county where the motor vehicle was
10seized
, or of the county where the owner's operating privilege was ordered revoked
11under s. 343.305 (10) or where the owner committed the violation under s. 346.63 (1)
12(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), 13shall commence an action to forfeit the motor vehicle within 30 days after the motor
14vehicle is seized. The action shall name the owner of the motor vehicle and all
15lienholders of record as parties. The forfeiture action shall be commenced by filing
16a summons, complaint and affidavit of the law enforcement agency with the clerk of
17circuit court. Upon service of an answer, the action shall be set for hearing within
1860 days after the service of the answer. If no answer is served or no issue of law or
19fact joined and the time for that service or joining of issues has expired, the court may
20render a default judgment as provided in s. 806.02.
AB221-ASA2,18,722
346.65
(6) (d) At the hearing set under par. (c), the state has the burden of
23proving to a reasonable certainty by the greater weight of the credible evidence that
24the motor vehicle is a motor vehicle owned by a person
whose operating privilege was
25ordered revoked under s. 343.305 (10) or who committed a violation of s. 346.63 (1)
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)
2and
, if the seizure is under par. (a) 1., that the person had 2
or more prior convictions,
3suspensions or revocations, as counted under s. 343.307 (1)
or, if the seizure is under
4par. (a) 2., 3 or more prior convictions, suspensions or revocations, as counted under
5s. 343.307 (1). If the
,, (c) or (d),, (c) or (d) state fails to meet the burden of proof
6required under this paragraph, the motor vehicle shall be returned to the owner upon
7the payment of storage costs.
AB221-ASA2,18,149
346.655
(1) On or after July 1, 1988, if If a court imposes a fine or a forfeiture
10for a violation of s. 346.63 (1) or (5), or a local ordinance in conformity therewith, or
11s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a
12vehicle, it shall impose a driver improvement surcharge in an amount of
$340 $345 13in addition to the fine or forfeiture, penalty assessment, jail assessment and crime
14laboratories and drug law enforcement assessment.
AB221-ASA2,18,1916
346.655
(2) (a) Except as provided in par. (b), the clerk of court shall collect and
17transmit the amount under sub. (1) to the county treasurer as provided in s. 59.40
18(2) (m). The county treasurer shall then make payment of
37.6% 38.5% of the amount
19to the state treasurer as provided in s. 59.25 (3) (f) 2.
AB221-ASA2,18,2521
346.655
(2) (b) If the forfeiture is imposed by a municipal court, the court shall
22transmit the amount to the treasurer of the county, city, town or village, and that
23treasurer shall make payment of
37.6% 38.5% of the amount to the state treasurer
24as provided in s. 66.12 (1) (b). The treasurer of the city, town or village shall transmit
25the remaining
62.4% 61.5% of the amount to the treasurer of the county.