Amendment ASA2-AB221

AB221-ASA2,19,4 (a) For a first violation, suspended under s. 343.30 (6) (b) 1.

AB221-ASA2,19,6 (b) For a violation committed within 12 months of a previous violation, suspended under s. 343.30 (6) (b) 2.

AB221-ASA2,19,8 (c) For a violation committed within 12 months of 2 or more previous violations, suspended under s. 343.30 (6) (b) 3.

AB221-ASA2, s. 44 Section 44. 346.95 (2) of the statutes is amended to read:

AB221-ASA2,19,11 346.95 (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AB221-ASA2, s. 45 Section 45. 800.03 (4) of the statutes is repealed.

AB221-ASA2, s. 46 Section 46. 938.344 (2) (intro.) of the statutes is amended to read:

AB221-ASA2,19,17 938.344 (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-ASA2, s. 47 Section 47. 938.344 (2) (c) of the statutes is amended to read:

AB221-ASA2,19,23 938.344 (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-ASA2, s. 48 Section 48. 938.344 (2b) of the statutes is amended to read:

AB221-ASA2,20,3 938.344 (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-ASA2,20,9 (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-ASA2,20,15 (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-ASA2,20,21 (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-ASA2, s. 49 Section 49. 938.344 (2d) (c) of the statutes is amended to read:

AB221-ASA2,21,2 938.344 (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-ASA2, s. 50 Section 50. 940.09 (1d) of the statutes is renumbered 940.09 (1d) (b).

AB221-ASA2, s. 51 Section 51. 940.09 (1d) (a) of the statutes is created to read:

AB221-ASA2,21,7 940.09 (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-ASA2, s. 52 Section 52. 940.25 (1c) of the statutes is created to read:

AB221-ASA2,21,20 940.25 (1c) If the person convicted under sub. (1) (a), (b), (c) or (d) had any previous suspensions, revocations or convictions that would be counted under s. 343.307 (1) and had an alcohol concentration of 0.15 to 0.199, the applicable maximum fine for the conviction under sub. (1) (a), (b), (c) or (d) is doubled. If the person convicted under sub. (1) (a), (b), (c) or (d) had any previous suspensions, revocations or convictions that would be counted under s. 343.307 (1) and had an alcohol concentration of 0.20 to 0.249, the applicable maximum fine for the conviction under sub. (1) (a), (b), (c) or (d) is tripled. If the person convicted under sub. (1) (a), (b), (c) or (d) had any previous suspensions, revocations or convictions that would be counted under s. 343.307 (1) and had an alcohol concentration of 0.25 or above, the applicable maximum fine for the conviction under sub. (1) (a), (b), (c) or (d) is quadrupled.

AB221-ASA2, s. 53 Section 53. 940.25 (1d) of the statutes is renumbered 940.25 (1d) (b).

AB221-ASA2, s. 54 Section 54. 940.25 (1d) (a) of the statutes is created to read:

AB221-ASA2,21,25 940.25 (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-ASA2, s. 55 Section 55. 1997 Wisconsin Act 84, section 2 is repealed.

AB221-ASA2, s. 56 Section 56. 1997 Wisconsin Act 84, section 3 is repealed.

AB221-ASA2, s. 57 Section 57. 1997 Wisconsin Act 84, section 4 is repealed.

AB221-ASA2, s. 58 Section 58. 1997 Wisconsin Act 84, section 5 is repealed.

AB221-ASA2, s. 59 Section 59. 1997 Wisconsin Act 84, section 30 is repealed.

AB221-ASA2, s. 60 Section 60. 1997 Wisconsin Act 84, section 31 is repealed.

AB221-ASA2, s. 61 Section 61. 1997 Wisconsin Act 84, section 160 is repealed.

AB221-ASA2, s. 62 Section 62. 1997 Wisconsin Act 84, section 161 is repealed.

AB221-ASA2, s. 63 Section 63. 1997 Wisconsin Act 84, section 162 is repealed.

AB221-ASA2, s. 64 Section 64. Nonstatutory provisions.

AB221-ASA2,22,21 (1) The departments of corrections and transportation shall jointly study and evaluate the desirability of using treatment programs and other alternatives to incarceration as a way to reduce the length of incarceration or the need for incarceration of persons convicted of a 2nd or subsequent violation of operating a motor vehicle while under the influence on an intoxicant, controlled substance or other drug. The departments shall consult with the counties regarding this study and evaluation. No later than the first day of the 9th month beginning after the effective date of this subsection, the departments shall jointly submit a report to the legislature in the manner provided under section 13.172 (2) of the statutes that contains the conclusions of the departments' study and evaluation and any recommendations concerning implementation of the conclusions.

AB221-ASA2, s. 65 Section 65. Initial applicability.

AB221-ASA2,23,3 (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-ASA2,23,13 (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-ASA2,23,17 (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-ASA2, s. 66 Section 66. Appropriation changes.

AB221-ASA2,23,24 (1) Pretrial intoxicated driver intervention grants. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of transportation under section 20.395 (5) (jr) of the statutes, as affected by the acts of 1999, the dollar amount is increased by $115,000 for fiscal year 1999-00 and the dollar amount is increased by $314,700 for fiscal year 2000-01 to provide additional funding for grants under the pretrial intoxicated driver intervention grant program.

AB221-ASA2, s. 67 Section 67. Effective date.

AB221-ASA2,24,2 (1) This act takes effect on the first day of the 4th month beginning after publication.

AB221-ASA2,24,3 (End)