Amendment ASA2-AB221

ASSEMBLY SUBSTITUTE AMENDMENT 2, TO 1999 ASSEMBLY BILL 221

May 19, 1999 - Offered by Representatives Stone, Ladwig and Foti.

AB221-ASA2,2,15 An Act to repeal 346.65 (6) (a) 2. and 800.03 (4); to renumber 343.305 (10m), 940.09 (1d) and 940.25 (1d); to renumber and amend 346.65 (6) (a) 1.; to amend 20.435 (6) (hx), 66.12 (1) (b), 85.53 (3), 125.07 (4) (bs), 125.07 (4) (c), 125.07 (4) (e) 2. (intro.), 165.83 (2) (e), 340.01 (46m) (b), 342.12 (4) (a), 342.12 (4) (c) 1. (intro.), 343.10 (5) (a) 3., 343.30 (6) (b), 346.65 (2) (b), 346.65 (2) (c), 346.65 (2) (d), 346.65 (2) (e), 346.65 (2e), 346.65 (2g) (a), 346.65 (2g) (b), 346.65 (2g) (c), 346.65 (6) (a) 2m., 346.65 (6) (c), 346.65 (6) (d), 346.655 (1), 346.655 (2) (a), 346.655 (2) (b), 346.95 (2), 938.344 (2) (intro.), 938.344 (2) (c), 938.344 (2b) and 938.344 (2d) (c); to create 20.395 (5) (ek), 51.30 (4) (b) 25., 85.55, 110.10, 303.065 (2m), 303.08 (1) (cg), 303.08 (1) (cm), 303.08 (10m), 340.01 (46m) (c), 343.305 (10m) (a), 346.65 (2) (g), 346.65 (2g) (ag), 346.65 (6) (a) 1d., 346.93 (2g), 940.09 (1d) (a), 940.25 (1c) and 940.25 (1d) (a) of the statutes; and to affect 1997 Wisconsin Act 84, section 2, 1997 Wisconsin Act 84, section 3, 1997 Wisconsin Act 84, section 4, 1997 Wisconsin Act 84, section 5, 1997 Wisconsin Act 84, section 30, 1997 Wisconsin Act 84, section 31, 1997 Wisconsin Act 84, section 160, 1997 Wisconsin Act 84, section 161 and 1997 Wisconsin Act 84, section 162; relating to: operating a motor vehicle while under the influence of an intoxicant or drugs, or both; installation of an ignition interlock device in cases involving intoxicated operation of a motor vehicle; seizure of motor vehicles for offenses related to driving while under the influence of an intoxicant; the prohibited alcohol concentration related to operating a motor vehicle while under the influence of an intoxicant; restrictions on prisoner release from jail or prison; creating a safe-ride grant program; creating an ignition interlock device program; pretrial intoxicated driver intervention grants; requiring a report on incarceration alternatives; certain alcohol beverage offenses committed by persons under the legal drinking age; appearance before a municipal court; granting rule-making authority; making appropriations; and providing penalties.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB221-ASA2, s. 1 Section 1. 20.395 (5) (ek) of the statutes is created to read:

AB221-ASA2,2,19 20.395 (5) (ek) Safe-ride grant program; state funds. From the general fund, all moneys transferred from the appropriation account under s. 20.435 (6) (hx) for the purpose of awarding grants under s. 85.55.

AB221-ASA2, s. 2 Section 2. 20.435 (6) (hx) of the statutes is amended to read:

AB221-ASA2,3,10 20.435 (6) (hx) Services related to drivers, receipts. The amounts in the schedule for services related to drivers. All moneys received by the state treasurer from the driver improvement surcharge on court fines and forfeitures authorized under s. 346.655 shall be credited to this appropriation. The secretary of administration shall annually transfer to the appropriation account under s. 20.395 (5) (di) 31.29% 30.12% of all moneys credited to this appropriation. The secretary of administration shall annually transfer to the appropriation account under s. 20.395 (5) (ek) 3.76% of all moneys credited to this appropriation. The moneys remaining may be transferred to sub. (7) (hy) and ss. 20.255 (1) (hm), 20.285 (1) (ia), 20.395 (5) (ci) and 20.455 (5) (h) by the secretary of administration after consultation with the secretaries of health and family services and transportation, the superintendent of public instruction, the attorney general and the president of the university of Wisconsin system.

AB221-ASA2, s. 3 Section 3. 51.30 (4) (b) 25. of the statutes is created to read:

AB221-ASA2,3,14 51.30 (4) (b) 25. To the department of corrections or to a sheriff, to determine if a person incarcerated is complying with the assessment or the driver safety plan ordered under s. 343.30 (1q) (c).

AB221-ASA2, s. 4 Section 4. 66.12 (1) (b) of the statutes is amended to read:

AB221-ASA2,4,19 66.12 (1) (b) Local ordinances, except as provided in this paragraph or ss. 345.20 to 345.53, may contain a provision for stipulation of guilt or no contest of any or all violations under those ordinances, and may designate the manner in which the stipulation is to be made and fix the penalty to be paid. When a person charged with a violation for which stipulation of guilt or no contest is authorized makes a timely stipulation and pays the required penalty and pays the penalty assessment imposed by s. 165.87, the jail assessment imposed by s. 302.46 (1), the crime laboratories and drug law enforcement assessment imposed by s. 165.755 and any applicable domestic abuse assessment imposed by s. 973.055 (1) to the designated official, the person need not appear in court and no witness fees or other additional costs may be taxed unless the local ordinance so provides. A court appearance is required for a violation of a local ordinance in conformity with s. 346.63 (1). The official receiving the penalties shall remit all moneys collected to the treasurer of the city, village, town sanitary district or public inland lake protection and rehabilitation district in whose behalf the sum was paid, except that all jail assessments shall be remitted to the county treasurer, within 20 days after its receipt by him or her; and in case of any failure in the payment, the treasurer may collect the payment of the officer by action, in the name of the office, and upon the official bond of the officer, with interest at the rate of 12% per year from the time when it should have been paid. In the case of the penalty assessment imposed by s. 165.87, the crime laboratories and drug law enforcement assessment imposed by s. 165.755, the driver improvement surcharge imposed by s. 346.655 (1) and any applicable domestic abuse assessment imposed by s. 973.055 (1), the treasurer of the city, village, town sanitary district or public inland lake protection and rehabilitation district shall remit to the state treasurer the sum required by law to be paid on the actions so entered during the preceding month on or before the first day of the next succeeding month. The governing body of the city, village, town sanitary district or public inland lake protection and rehabilitation district shall by ordinance designate the official to receive the penalties and the terms under which the official shall qualify.

AB221-ASA2, s. 5 Section 5. 85.53 (3) of the statutes is amended to read:

AB221-ASA2,4,24 85.53 (3) Grants under this section shall be paid from the appropriation under s. 20.395 (5) (jr). The amount of a grant may not exceed 80% of the amount expended by an eligible applicant for services related to the program. The total amount of grants awarded under this section may not exceed $500,000.

AB221-ASA2, s. 6 Section 6. 85.55 of the statutes is created to read:

AB221-ASA2,5,9 85.55 Safe-ride grant program. The department may award grants to any county or municipality to cover the costs of transporting persons suspected of having a prohibited alcohol concentration, as defined in s. 340.01 (46m), from any premises licensed under ch. 125 to sell alcohol beverages to their places of residence. The amount of a grant under this section may not exceed 50% of the costs necessary to provide the service. The liability of a provider of a safe-ride program to persons transported under the program is limited to the amounts required for an automobile liability policy under s. 344.15 (1). Grants awarded under this section shall be paid from the appropriation under s. 20.395 (5) (ek).

AB221-ASA2, s. 7 Section 7. 110.10 of the statutes is created to read:

AB221-ASA2,5,13 110.10 Ignition interlock device program. The department shall promulgate rules providing for the implementation of a statewide ignition interlock device program. The rules shall include provisions regarding all of following:

AB221-ASA2,5,15 (1) The selection of persons to install, service and remove ignition interlock devices from motor vehicles.

AB221-ASA2,5,17 (2) The periodic review of the fees charged to the owner of a vehicle for the installation, service and removal of an ignition interlock device.

AB221-ASA2,5,19 (3) Requiring ignition interlock device providers operating in this state to establish pilot programs involving the voluntary use of ignition interlock devices.

AB221-ASA2,5,22 (4) Requiring ignition interlock device providers operating in this state to provide the department and law enforcement agencies designated by the department with installation, service, tampering and failure reports in a timely manner.

AB221-ASA2, s. 8 Section 8. 125.07 (4) (bs) of the statutes is amended to read:

AB221-ASA2,5,25 125.07 (4) (bs) Any person violating par. (a) is subject to the following penalties shall be penalized as follows:

AB221-ASA2,6,5 1. For a first violation, the person's operating privilege shall be suspended under s. 343.30 (6) (b) 1. In addition, the person is subject to a forfeiture of not less than $250 nor more than $500, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 1., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB221-ASA2,6,11 2. For a violation committed within 12 months of a previous violation, the person's operating privilege shall be suspended under s. 343.30 (6) (b) 2. In addition, the person is subject to either a forfeiture of not less than $300 nor more than $500, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 2., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB221-ASA2,6,17 3. For a violation committed within 12 months of 2 previous violations, the person's operating privilege shall be suspended under s. 343.30 (6) (b) 3. In addition, the person is subject to either a forfeiture of not less than $500 nor more than $750, revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB221-ASA2,6,23 4. For a violation committed within 12 months of 3 or more previous violations, the person's operating privilege shall be suspended under s. 343.30 (6) (b) 3. In addition, the person is subject to either a forfeiture of not less than $750 nor more than $1,000, revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB221-ASA2, s. 9 Section 9. 125.07 (4) (c) of the statutes is amended to read:

AB221-ASA2,7,2 125.07 (4) (c) Any person violating par. (b) is subject to the following penalties shall be penalized as follows:

AB221-ASA2,7,7 1. For a first violation, the person's operating privilege shall be suspended under s. 343.30 (6) (b) 1. In addition, the person is subject to a forfeiture of not less than $100 nor more than $200, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 1., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB221-ASA2,7,13 2. For a violation committed within 12 months of a previous violation, the person's operating privilege shall be suspended under s. 343.30 (6) (b) 2. In addition, the person is subject to either a forfeiture of not less than $200 nor more than $300, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 2., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB221-ASA2,7,19 3. For a violation committed within 12 months of 2 previous violations, the person's operating privilege shall be suspended under s. 343.30 (6) (b) 3. In addition, the person is subject to either a forfeiture of not less than $300 nor more than $500, revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB221-ASA2,7,25 4. For a violation committed within 12 months of 3 or more previous violations, the person's operating privilege shall be suspended under s. 343.30 (6) (b) 3. In addition, the person is subject to either a forfeiture of not less than $500 nor more than $1,000, revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB221-ASA2, s. 10 Section 10. 125.07 (4) (e) 2. (intro.) of the statutes is amended to read:

AB221-ASA2,8,7 125.07 (4) (e) 2. (intro.) After ordering a penalty under par. (bs) or (c), the court, with the agreement of the defendant, may enter an additional order staying the execution of the penalty order and suspending or modifying the penalty imposed, except that the court may not stay, suspend or modify the suspension of a person's operating privilege required under par. (bs) or (c). The order under this subdivision shall require the defendant to do any of the following:

AB221-ASA2, s. 11 Section 11. 165.83 (2) (e) of the statutes is amended to read:

AB221-ASA2,8,15 165.83 (2) (e) Obtain and file a copy or detailed description of each arrest warrant issued in this state for the offenses under par. (a) or s. 800.03 (4) but not served because the whereabouts of the person named on the warrant is unknown or because that person has left the state. All available identifying data shall be obtained with the copy of the warrant, including any information indicating that the person named on the warrant may be armed, dangerous or possessed of suicidal tendencies.

AB221-ASA2, s. 12 Section 12. 303.065 (2m) of the statutes is created to read:

AB221-ASA2,8,23 303.065 (2m) The department may not grant work release privileges to a prisoner who is imprisoned for a violation of s. 346.63 (1), (2), (5) or (6) and who fails to obtain the assessment or to comply with the driver safety plan ordered under s. 343.30 (1q) (c) related to the violation for which he or she was imprisoned. This subsection does not apply if the prisoner does not have sufficient funds to make any payments necessary to obtain the assessment or to comply with the driver safety plan.

AB221-ASA2, s. 13 Section 13. 303.08 (1) (cg) of the statutes is created to read:

AB221-ASA2,9,2 303.08 (1) (cg) Attendance at an assessment ordered by a court under s. 343.30 (1q) (c);

AB221-ASA2, s. 14 Section 14. 303.08 (1) (cm) of the statutes is created to read:

AB221-ASA2,9,5 303.08 (1) (cm) Attendance at a treatment program required by a driver safety plan under s. 343.30 (1q) (c);

AB221-ASA2, s. 15 Section 15. 303.08 (10m) of the statutes is created to read:

AB221-ASA2,9,12 303.08 (10m) The sheriff may not permit a prisoner who is imprisoned for a violation of s. 346.63 (1), (2), (5) or (6) to leave the jail under sub. (1) if the prisoner fails to obtain the assessment or to comply with the driver safety plan ordered under s. 343.30 (1q) (c). This subsection does not apply if the prisoner does not have sufficient funds to make any payments necessary to obtain the assessment or to comply with the driver safety plan.

AB221-ASA2, s. 16 Section 16. 340.01 (46m) (b) of the statutes is amended to read:

AB221-ASA2,9,15 340.01 (46m) (b) If the person has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), an alcohol concentration of 0.08 or more.

AB221-ASA2, s. 17 Section 17. 340.01 (46m) (c) of the statutes is created to read:

AB221-ASA2,9,19 340.01 (46m) (c) If the person has 3 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), an alcohol concentration of more than 0.02.

AB221-ASA2, s. 18 Section 18. 342.12 (4) (a) of the statutes is amended to read:

AB221-ASA2,9,25 342.12 (4) (a) The district attorney shall notify the department when he or she files a criminal complaint against a person who has been arrested for violating s. 346.63 (1) or (2), 940.09 (1) or 940.25 and who has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1). Except as provided under par. (c), the department may not issue a certificate of title transferring ownership of any motor vehicle owned by the person upon receipt of a notice under this subsection until the court assigned to hear the criminal complaint issues an order permitting the department to issue a certificate of title.

AB221-ASA2, s. 19 Section 19. 342.12 (4) (c) 1. (intro.) of the statutes is amended to read:

AB221-ASA2,10,10 342.12 (4) (c) 1. (intro.) The department shall issue a certificate of title transferring ownership of a motor vehicle that was owned by a person who has received a notice of intent to revoke the person's operating privilege under s. 343.305 (9) (a) or has been arrested for violating s. 346.63 (1) or (2), 940.09 (1) or 940.25 and who has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), if all of the following conditions are met:

AB221-ASA2, s. 20 Section 20. 343.10 (5) (a) 3. of the statutes is amended to read:

AB221-ASA2,10,25 343.10 (5) (a) 3. If the applicant has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), the The occupational license of the applicant shall restrict the applicant's operation under the occupational license to vehicles that are equipped with a functioning ignition interlock device if the court has ordered under s. 346.65 (6) (a) 1. 1d. or 1g. that a motor vehicle owned by the person be equipped with an ignition interlock device. A person to whom a restriction under this subdivision applies violates that restriction if he or she requests or permits another to blow into an ignition interlock device or to start a motor vehicle equipped with an ignition interlock device for the purpose of providing the person an operable motor vehicle without the necessity of first submitting a sample of his or her breath to analysis by the ignition interlock device. If the occupational license restricts the applicant's operation to a vehicle that is equipped with an ignition interlock device, the applicant shall be liable for the reasonable costs of equipping the vehicle with the ignition interlock device.

AB221-ASA2, s. 21 Section 21. 343.30 (6) (b) of the statutes is amended to read:

AB221-ASA2,11,4 343.30 (6) (b) If Whenever a court imposes suspension or revocation of a person's operating privilege under s. 125.07 (4) (bs) or (c) or 938.344 (2), (2b) or (2d), the suspension or revocation imposed shall be one of the following:

AB221-ASA2,11,6 1. For a first violation, suspension for 30 to 90 days not less than 6 months nor more than one year.

AB221-ASA2,11,8 2. For a violation committed within 12 months of a previous violation, suspension for not more less than one year nor more than 18 months.

AB221-ASA2,11,10 3. For a violation committed within 12 months of 2 or more previous violations, revocation suspension for not more less than 2 years nor more than 5 years.

AB221-ASA2, s. 22 Section 22. 343.305 (10m) of the statutes is renumbered 343.305 (10m) (b).

AB221-ASA2, s. 23 Section 23. 343.305 (10m) (a) of the statutes is created to read:

AB221-ASA2,11,15 343.305 (10m) (a) If the person's operating privilege is revoked under sub. (10), the procedure under s. 346.65 (6) shall be followed regarding the equipping of a motor vehicle owned by the person with an ignition interlock device.

AB221-ASA2, s. 24 Section 24. 346.65 (2) (b) of the statutes is amended to read:

AB221-ASA2,11,22 346.65 (2) (b) Except as provided in par. pars. (f) and (g), shall be fined not less than $300 nor more than $1,000 and imprisoned for not less than 5 days nor more than 6 months if the total number of suspensions, revocations and convictions counted under s. 343.307 (1) equals 2 within a 10-year period. Suspensions, revocations or convictions arising out of the same incident or occurrence shall be counted as one.

AB221-ASA2, s. 25 Section 25. 346.65 (2) (c) of the statutes is amended to read:

AB221-ASA2,12,4 346.65 (2) (c) Except as provided in par. pars. (f) and (g), shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 30 days nor more than one year in the county jail if the total number of suspensions, revocations and convictions counted under s. 343.307 (1) equals 3, except that suspensions, revocations or convictions arising out of the same incident or occurrence shall be counted as one.

AB221-ASA2, s. 26 Section 26. 346.65 (2) (d) of the statutes is amended to read:

AB221-ASA2,12,11 346.65 (2) (d) Except as provided in par. pars. (f) and (g), shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 60 days nor more than one year in the county jail if the total number of suspensions, revocations and convictions counted under s. 343.307 (1) equals 4, except that suspensions, revocations or convictions arising out of the same incident or occurrence shall be counted as one.

AB221-ASA2, s. 27 Section 27. 346.65 (2) (e) of the statutes is amended to read:

AB221-ASA2,12,17 346.65 (2) (e) Except as provided in par. pars. (f) and (g), shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 6 months nor more than 5 years if the total number of suspensions, revocations and convictions counted under s. 343.307 (1) equals 5 or more, except that suspensions, revocations or convictions arising out of the same incident or occurrence shall be counted as one.

AB221-ASA2, s. 28 Section 28. 346.65 (2) (g) of the statutes is created to read:

AB221-ASA2,12,20 346.65 (2) (g) 1. If a person convicted had an alcohol concentration of 0.15 to 0.199, the applicable minimum and maximum fines under pars. (b) to (e) are doubled.

AB221-ASA2,12,22 2. If a person convicted had an alcohol concentration of 0.20 to 0.249, the applicable minimum and maximum fines under pars. (b) to (e) are tripled.

AB221-ASA2,12,24 3. If a person convicted had an alcohol concentration of 0.25 or above, the applicable minimum and maximum fines under pars. (b) to (e) are quadrupled.

AB221-ASA2, s. 29 Section 29. 346.65 (2e) of the statutes is amended to read:

AB221-ASA2,13,7 346.65 (2e) If the court determines that a person does not have the ability to pay the costs and fine or forfeiture imposed under sub. (2) (a), (b), (c), (d), (e) or, (f) or (g), the court may reduce the costs, fine and forfeiture imposed and order the person to pay, toward the cost of the assessment and driver safety plan imposed under s. 343.30 (1q) (c), the difference between the amount of the reduced costs and fine or forfeiture and the amount of costs and fine or forfeiture imposed under sub. (2) (a), (b), (c), (d), (e) or, (f) or (g).

AB221-ASA2, s. 30 Section 30. 346.65 (2g) (a) of the statutes is amended to read:

AB221-ASA2,13,17 346.65 (2g) (a) In addition to the authority of the court under s. 973.05 (3) (a) to provide that a defendant perform community service work for a public agency or a nonprofit charitable organization in lieu of part or all of a fine imposed under sub. (2) (b) to (f) (g) and except as provided in par. (ag), the court may provide that a defendant perform community service work for a public agency or a nonprofit charitable organization in lieu of part or all of a forfeiture under sub. (2) (a) or may require a person who is subject to sub. (2) to perform community service work for a public agency or a nonprofit charitable organization in addition to the penalties specified under sub. (2).

AB221-ASA2,14,2 (am) Notwithstanding s. 973.05 (3) (b), an order under par. (a) or (ag) may only apply if agreed to by the organization or agency. The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored. Any organization or agency acting in good faith to which a defendant is assigned pursuant to an order under this subsection has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the defendant. The issuance or possibility of the issuance of a community service order under this subsection does not entitle an indigent defendant who is subject to sub. (2) (a) to representation by counsel under ch. 977.

AB221-ASA2, s. 31 Section 31. 346.65 (2g) (ag) of the statutes is created to read:

AB221-ASA2,14,11 346.65 (2g) (ag) If the court determines that a person does not have the ability to pay a fine imposed under sub. (2) (b) to (g), the court shall require the defendant to perform community service work for a public agency or a nonprofit charitable organization in lieu of paying the fine imposed or, if the amount of the fine was reduced under sub. (2e), in lieu of paying the remaining amount of the fine. Each hour of community service performed in compliance with an order under this paragraph shall reduce the amount of the fine owed by an amount determined by the court.

AB221-ASA2, s. 32 Section 32. 346.65 (2g) (b) of the statutes is amended to read:

AB221-ASA2,15,2 346.65 (2g) (b) The court may require a person ordered to perform community service work under par. (a) or (ag), or under s. 973.05 (3) (a) if that person's fine resulted from violating s. 346.63 (2), 940.09 (1) or 940.25, to participate in community service work that demonstrates the adverse effects of substance abuse or of operating a vehicle while under the influence of an intoxicant or other drug, including working at an alcoholism treatment facility approved under s. 51.45, an emergency room of a general hospital or a driver awareness program under s. 346.637. The court may order the person to pay a reasonable fee, based on the person's ability to pay, to offset the cost of establishing, maintaining and monitoring the community service work ordered under this paragraph. If the opportunities available to perform community service work are fewer in number than the number of defendants eligible under this subsection, the court shall, when making an order under this paragraph, give preference to defendants who were under 21 years of age at the time of the offense. All provisions of par. (a) (am) apply to any community service work ordered under this paragraph.

AB221-ASA2, s. 33 Section 33. 346.65 (2g) (c) of the statutes is amended to read: