Amendment AA1-SB125

LRBa2142/1

RPN:kmg:hmh

1999 - 2000 LEGISLATURE

ASSEMBLY AMENDMENT 1, TO 1999 SENATE BILL 125

March 29, 2000 - Offered by Representatives Stone, Foti and Ladwig.

SB125-AA1,1,1 At the locations indicated, amend the engrossed bill as follows:

SB125-AA1,1,2 1. Page 9, line 3: delete "2 3" and substitute "2".

SB125-AA1,1,3 2. Page 11, line 10: after that line insert:

SB125-AA1,1,4 " Section 21m. 343.30 (1q) (b) 1. of the statutes is amended to read:

SB125-AA1,1,12 343.30 (1q) (b) 1. The Except as provided in subds. 3. and 4., the court shall suspend or revoke the person's operating privilege under this paragraph according to the number of previous suspensions, revocations or convictions that would be counted under s. 343.307 (1). Suspensions, revocations and convictions arising out of the same incident shall be counted as one. If a person has a conviction, suspension or revocation for any offense that is counted under s. 343.307 (1), that conviction, suspension or revocation shall count as a prior conviction, suspension or revocation under this subdivision.".

SB125-AA1,1,13 3. Page 11, line 19: after that line insert:

SB125-AA1,2,1 " Section 22m. 343.30 (1q) (b) 4. of the statutes is amended to read:

SB125-AA1,2,8 343.30 (1q) (b) 4. Except as provided in subd. 4m., if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other convictions, suspensions and revocations counted under s. 343.307 (1), equals 3 or more, the court shall revoke the person's operating privilege for not less than 2 years nor more than 3 years. After the first 90 days of the revocation period, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan ordered under par. (c).".

SB125-AA1,2,9 4. Page 11, line 20: delete that line.

SB125-AA1,2,13 5. Page 12, line 5: delete that line and substitute "person has a total of one or more prior convictions, suspensions or revocations, counting convictions under ss. 940.09 (1) and 940.25 in the person's lifetime and other convictions, suspensions and revocations".

SB125-AA1,2,14 6. Page 12, line 22: after "has" insert "a total of".

SB125-AA1,2,18 7. Page 12, line 23: delete that line and substitute "or more prior convictions, suspensions or revocations, counting convictions under ss. 940.09 (1) and 940.25 in the person's lifetime and other convictions, suspensions and revocations counted under".

SB125-AA1,2,19 8. Page 13, line 19: after that line insert:

SB125-AA1,2,20 " Section 34m. 343.305 (10) (b) 1. of the statutes is amended to read:

SB125-AA1,3,4 343.305 (10) (b) 1. The Except as provided in subds. 3. and 4., the court shall revoke the person's operating privilege under this paragraph according to the number of previous suspensions, revocations or convictions that would be counted under s. 343.307 (2). Suspensions, revocations and convictions arising out of the same incident shall be counted as one. If a person has a conviction, suspension or revocation for any offense that is counted under s. 343.307 (2), that conviction, suspension or revocation shall count as a prior conviction, suspension or revocation under this subdivision.".

SB125-AA1,3,5 9. Page 14, line 2: after that line insert:

SB125-AA1,3,6 " Section 35m. 343.305 (10) (b) 4. of the statutes is amended to read:

SB125-AA1,3,13 343.305 (10) (b) 4. Except as provided in subd. 4m., if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other convictions, suspensions and revocations counted under s. 343.307 (2), equals 3 or more, the court shall revoke the person's operating privilege for 3 years. After the first 120 days of the revocation period, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan.".

SB125-AA1,3,14 10. Page 14, line 3: delete that line.

SB125-AA1,3,15 11. Page 14, line 9: delete "or seizure" and substitute "or seizure".

SB125-AA1,3,16 12. Page 14, line 10: delete "equipping" and substitute "equipping".

SB125-AA1,3,17 13. Page 14, line 10: after "used" insert "in the commission of the offense".

SB125-AA1,3,24 14. Page 14, line 11: delete lines 11 to 13 and substitute "or if the court requires that the person's operating privilege for the operation of "Class D" vehicles be restricted to operating "Class D" vehicles equipped with an ignition interlock device. If the number of convictions under ss. 940.09 (1) and 940.25 in the lifetime of the person whose operating privilege is revoked under sub. (10), plus the total number of other convictions, suspensions and revocations counted under s. 343.307 (1), equals 2 or more, the procedure under s. 346.65 (6) shall be followed if".

SB125-AA1,4,1 15. Page 14, line 14: after "used" insert "in the improper refusal".

SB125-AA1,4,2 16. Page 14, line 15: after that line insert:

SB125-AA1,4,3 " Section 39m. 343.31 (3) (bm) 1. of the statutes is amended to read:

SB125-AA1,4,11 343.31 (3) (bm) 1. The Except as provided in subds. 3. and 4., the department shall suspend or revoke the person's operating privilege under this paragraph according to the number of previous suspensions, revocations or convictions that would be counted under s. 343.307 (1). Suspensions, revocations and convictions arising out of the same incident shall be counted as one. If a person has a conviction, suspension or revocation for any offense that is counted under s. 343.307 (1), that conviction, suspension or revocation shall count as a prior conviction, suspension or revocation under this subdivision.".

SB125-AA1,4,12 17. Page 15, line 3: delete lines 3 to 12 and substitute:

SB125-AA1,4,13 " Section 41m. 343.31 (3) (bm) 4. of the statutes is amended to read:

SB125-AA1,4,22 343.31 (3) (bm) 4. Except as provided in subd. 4m., if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other suspensions, revocations and convictions counted under s. 343.307 (1), equals 3 or more, the department shall revoke the person's operating privilege for not less than 2 years nor more than 3 years. If an Indian tribal court in this state revokes the person's privilege to operate a motor vehicle on tribal lands for not less than 2 years nor more than 3 years for the conviction specified in par. (bm) (intro.), the department shall impose the same period of revocation. After the first 90 days of the revocation period, the person is eligible for an occupational license under s. 343.10.".

SB125-AA1,4,23 18. Page 15, line 16: on lines 16 and 17, delete "prior".

SB125-AA1,5,2 19. Page 15, line 19: delete ". Suspensions" and substitute ". Suspensions , except that suspensions".

SB125-AA1,5,4 20. Page 15, line 24: after "if the" insert "number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the".

SB125-AA1,5,5 21. Page 15, line 25: before "convictions" insert "other".

SB125-AA1,5,6 22. Page 15, line 25: delete "(1)" and substitute "(1),".

SB125-AA1,5,8 23. Page 16, line 6: after "if the" insert "number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the".

SB125-AA1,5,9 24. Page 16, line 7: before "convictions" insert "other".

SB125-AA1,5,10 25. Page 16, line 7: delete "(1)" and substitute "(1),".

SB125-AA1,5,12 26. Page 16, line 13: after "the" insert "number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the".

SB125-AA1,5,13 27. Page 16, line 13: after "revocations and" insert "other".

SB125-AA1,5,14 28. Page 16, line 14: delete "(1)" and substitute "(1),".

SB125-AA1,5,16 29. Page 16, line 23: delete the material beginning with that line and ending with page 17, line 4.

SB125-AA1,5,17 30. Page 19, line 24: delete "prior".

SB125-AA1,5,18 31. Page 20, line 3: delete lines 3 to 12 and substitute:

SB125-AA1,5,19 " Section 54m. 346.65 (2j) (c) of the statutes is amended to read:

SB125-AA1,6,2 346.65 (2j) (c) Except as provided in par. (d), 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 of prior number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other convictions, suspensions and revocations counted under s. 343.307 (2), equals 3 or more.