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.
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-ASA2,19,1110
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. 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-ASA2,19,2319
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-ASA2,20,3
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-ASA2,21,223
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-ASA2,21,75
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-ASA2,21,209
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-ASA2,21,2523
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-ASA2,22,2111
(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-ASA2,23,323
(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-ASA2,23,2419
(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-ASA2,24,2
1(1)
This act takes effect on the first day of the 4th month beginning after
2publication.
