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, s. 26 5Section 26. 346.65 (2) (d) of the statutes is amended to read:
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, s. 27 12Section 27. 346.65 (2) (e) of the statutes is amended to read:
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, s. 28 18Section 28. 346.65 (2) (g) of the statutes is created to read:
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, s. 29 25Section 29. 346.65 (2e) of the statutes is amended to read:
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, s. 30 8Section 30. 346.65 (2g) (a) of the statutes is amended to read:
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, s. 31 3Section 31. 346.65 (2g) (ag) of the statutes is created to read:
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, s. 32 12Section 32. 346.65 (2g) (b) of the statutes is amended to read:
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, s. 33 3Section 33. 346.65 (2g) (c) of the statutes is amended to read:
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. 36 12Section 36. 346.65 (6) (a) 2. of the statutes is repealed.
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, s. 38 8Section 38. 346.65 (6) (c) of the statutes is amended to read:
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, s. 39 21Section 39. 346.65 (6) (d) of the statutes is amended to read:
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, s. 40 8Section 40. 346.655 (1) of the statutes is amended to read:
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, s. 41 15Section 41. 346.655 (2) (a) of the statutes is amended to read:
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, s. 42 20Section 42. 346.655 (2) (b) of the statutes is amended to read:
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.
AB221-ASA2, s. 43
1Section 43. 346.93 (2g) of the statutes is created to read:
AB221-ASA2,19,32 346.93 (2g) Any person violating this section may be required to forfeit not less
3than $20 nor more than $400 and shall have his or her operating privilege:
AB221-ASA2,19,44 (a) For a first violation, suspended under s. 343.30 (6) (b) 1.
AB221-ASA2,19,65 (b) For a violation committed within 12 months of a previous violation,
6suspended under s. 343.30 (6) (b) 2.
AB221-ASA2,19,87 (c) For a violation committed within 12 months of 2 or more previous violations,
8suspended under s. 343.30 (6) (b) 3.
AB221-ASA2, s. 44 9Section 44. 346.95 (2) of the statutes is amended to read:
AB221-ASA2,19,1110 346.95 (2) Any person violating s. 346.89 (1), 346.93 or 346.94 (2), (4) or (7) may
11be required to forfeit not less than $20 nor more than $400.
AB221-ASA2, s. 45 12Section 45. 800.03 (4) of the statutes is repealed.
AB221-ASA2, s. 46 13Section 46. 938.344 (2) (intro.) of the statutes is amended to read:
AB221-ASA2,19,1714 938.344 (2) (intro.) If a court finds a juvenile committed a violation under s.
15125.07 (4) (b) or 125.09 (2), or a local ordinance that strictly conforms to one of those
16statutes
that statute, the court shall order one or any combination of the following
17penalties:
AB221-ASA2, s. 47 18Section 47. 938.344 (2) (c) of the statutes is amended to read:
AB221-ASA2,19,2319 938.344 (2) (c) For a violation committed within 12 months of 2 or more
20previous violations, a forfeiture of not more than $500, revocation suspension of the
21juvenile's operating privilege as provided under s. 343.30 (6) (b) 3. or the juvenile's
22participation in a supervised work program or other community service work under
23s. 938.34 (5g).
AB221-ASA2, s. 48 24Section 48. 938.344 (2b) of the statutes is amended to read:
AB221-ASA2,20,3
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-ASA2,20,94 (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-ASA2,20,1510 (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-ASA2,20,2116 (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-ASA2, s. 49 22Section 49. 938.344 (2d) (c) of the statutes is amended to read:
AB221-ASA2,21,223 938.344 (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-ASA2, s. 50 3Section 50. 940.09 (1d) of the statutes is renumbered 940.09 (1d) (b).
AB221-ASA2, s. 51 4Section 51. 940.09 (1d) (a) of the statutes is created to read:
AB221-ASA2,21,75 940.09 (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-ASA2, s. 52 8Section 52. 940.25 (1c) of the statutes is created to read:
AB221-ASA2,21,209 940.25 (1c) If the person convicted under sub. (1) (a), (b), (c) or (d) had any
10previous suspensions, revocations or convictions that would be counted under s.
11343.307 (1) and had an alcohol concentration of 0.15 to 0.199, the applicable
12maximum fine for the conviction under sub. (1) (a), (b), (c) or (d) is doubled. If the
13person convicted under sub. (1) (a), (b), (c) or (d) had any previous suspensions,
14revocations or convictions that would be counted under s. 343.307 (1) and had an
15alcohol concentration of 0.20 to 0.249, the applicable maximum fine for the conviction
16under sub. (1) (a), (b), (c) or (d) is tripled. If the person convicted under sub. (1) (a),
17(b), (c) or (d) had any previous suspensions, revocations or convictions that would be
18counted under s. 343.307 (1) and had an alcohol concentration of 0.25 or above, the
19applicable maximum fine for the conviction under sub. (1) (a), (b), (c) or (d) is
20quadrupled.
AB221-ASA2, s. 53 21Section 53. 940.25 (1d) of the statutes is renumbered 940.25 (1d) (b).
AB221-ASA2, s. 54 22Section 54. 940.25 (1d) (a) of the statutes is created to read:
AB221-ASA2,21,2523 940.25 (1d) (a) If a person commits an offense under sub. (1) (a), (b), (c) or (d),
24the procedure under s. 346.65 may be followed regarding the equipping of a motor
25vehicle owned by the person with an ignition interlock device.
AB221-ASA2, s. 55
1Section 55. 1997 Wisconsin Act 84, section 2 is repealed.
AB221-ASA2, s. 56 2Section 56. 1997 Wisconsin Act 84, section 3 is repealed.
AB221-ASA2, s. 57 3Section 57. 1997 Wisconsin Act 84, section 4 is repealed.
AB221-ASA2, s. 58 4Section 58. 1997 Wisconsin Act 84, section 5 is repealed.
AB221-ASA2, s. 59 5Section 59. 1997 Wisconsin Act 84, section 30 is repealed.
AB221-ASA2, s. 60 6Section 60. 1997 Wisconsin Act 84, section 31 is repealed.
AB221-ASA2, s. 61 7Section 61. 1997 Wisconsin Act 84, section 160 is repealed.
AB221-ASA2, s. 62 8Section 62. 1997 Wisconsin Act 84, section 161 is repealed.
AB221-ASA2, s. 63 9Section 63. 1997 Wisconsin Act 84, section 162 is repealed.
AB221-ASA2, s. 64 10Section 64. Nonstatutory provisions.
AB221-ASA2,22,2111 (1) The departments of corrections and transportation shall jointly study and
12evaluate the desirability of using treatment programs and other alternatives to
13incarceration as a way to reduce the length of incarceration or the need for
14incarceration of persons convicted of a 2nd or subsequent violation of operating a
15motor vehicle while under the influence on an intoxicant, controlled substance or
16other drug. The departments shall consult with the counties regarding this study
17and evaluation. No later than the first day of the 9th month beginning after the
18effective date of this subsection, the departments shall jointly submit a report to the
19legislature in the manner provided under section 13.172 (2) of the statutes that
20contains the conclusions of the departments' study and evaluation and any
21recommendations concerning implementation of the conclusions.
AB221-ASA2, s. 65 22Section 65. Initial applicability.
AB221-ASA2,23,323 (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-ASA2,23,134 (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-ASA2,23,1714 (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-ASA2, s. 66 18Section 66. Appropriation changes.
AB221-ASA2,23,2419 (1) Pretrial intoxicated driver intervention grants. In the schedule under
20section 20.005 (3) of the statutes for the appropriation to the department of
21transportation under section 20.395 (5) (jr) of the statutes, as affected by the acts of
221999, the dollar amount is increased by $115,000 for fiscal year 1999-00 and the
23dollar amount is increased by $314,700 for fiscal year 2000-01 to provide additional
24funding for grants under the pretrial intoxicated driver intervention grant program.
AB221-ASA2, s. 67 25Section 67. Effective date.
AB221-ASA2,24,2
1(1) This act takes effect on the first day of the 4th month beginning after
2publication.
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