Amendment SSA1-SB125

SB125-SSA1,8,23 303.08 (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.

SB125-SSA1, s. 17 Section 17. 343.10 (5) (a) 3. of the statutes is amended to read:

SB125-SSA1,9,14 343.10 (5) (a) 3. If the applicant has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), the 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., 1997 stats., 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.

SB125-SSA1, s. 18 Section 18. 343.10 (5) (b) of the statutes is amended to read:

SB125-SSA1,9,18 343.10 (5) (b) Limitations. Occupational licenses are subject to the limitations specified in ss. 343.30 (1q) (b) and (h), 343.305 (8) (d) and (10) (b), (eg) and (em), 343.31 (3m), 343.32 (1m), 767.303 and 961.50.

SB125-SSA1, s. 19 Section 19. 343.23 (2) (b) of the statutes is amended to read:

SB125-SSA1,9,25 343.23 (2) (b) The information specified in par. (a) must be filed by the department so that the complete operator's record is available for the use of the secretary in determining whether operating privileges of such person shall be suspended, revoked, canceled or withheld in the interest of public safety. The record of suspensions, revocations and convictions that would be counted under s. 343.307 (2) shall be maintained for 10 years, except that if there are 2 or more suspensions, revocations or convictions within any 10-year period, the record shall be maintained permanently. The record of convictions for disqualifying offenses under s. 343.315 (2) (h) shall be maintained for at least 10 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (f) shall be maintained for at least 3 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be maintained permanently, except that 5 years after a licensee transfers residency to another state such record may be transferred to another state of licensure of the licensee if that state accepts responsibility for maintaining a permanent record of convictions for disqualifying offenses. Such reports and records may be cumulative beyond the period for which a license is granted, but the secretary, in exercising the power of suspension or revocation granted under s. 343.32 (2) may consider only those reports and records entered during the 4-year period immediately preceding the exercise of such power of suspension or revocation.

SB125-SSA1, s. 20 Section 20. 343.30 (1p) of the statutes is renumbered 343.30 (1p) (a).

SB125-SSA1, s. 21 Section 21. 343.30 (1p) (b) of the statutes is created to read:

SB125-SSA1,10,22 343.30 (1p) (b) Notwithstanding sub. (1), a court shall suspend the operating privilege of a person for 6 months upon the person's conviction by the court for violation of s. 346.657 or a local ordinance in conformity with s. 346.657. If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under s. 346.657 or a local ordinance in conformity with s. 346.657, the court shall suspend the operating privilege of the person for 12 months.

SB125-SSA1, s. 22 Section 22. 343.30 (1q) (b) 3. of the statutes is amended to read:

SB125-SSA1,11,4 343.30 (1q) (b) 3. Except as provided in subd. 4m., if the number of convictions, suspensions and revocations within a 10-year period equals 2, the court shall revoke the person's operating privilege for not less than one year nor more than 18 months. After the first 60 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-SSA1, s. 23 Section 23. 343.30 (1q) (b) 5. of the statutes is repealed.

SB125-SSA1, s. 24 Section 24. 343.30 (1q) (h) of the statutes is amended to read:

SB125-SSA1,11,16 343.30 (1q) (h) The court or department shall provide that the period of suspension or revocation imposed under this subsection shall be reduced by any period of suspension or revocation previously served under s. 343.305 if the suspension or revocation under s. 343.305 and the conviction for violation of s. 346.63 (1) or (2m) or 346.657 or a local ordinance in conformity therewith arise out of the same incident or occurrence. The court or department shall order that the period of suspension or revocation imposed under this subsection run concurrently with any period of time remaining on a suspension or revocation imposed under s. 343.305 arising out of the same incident or occurrence. The court may modify an occupational license authorized under s. 343.305 (8) (d) in accordance with this subsection.

SB125-SSA1, s. 25 Section 25. 343.30 (6) (b) (intro.) of the statutes, as affected by 1997 Wisconsin Act 84, is amended to read:

SB125-SSA1,11,21 343.30 (6) (b) (intro.) If a court imposes suspension of a person's operating privilege under s. 125.07 (4) (bs) or (c), 346.93 (2f) or (2g) or 938.344 (2), (2b) or (2d), the suspension imposed shall be one of the following:

SB125-SSA1, s. 26 Section 26. 343.301 of the statutes is created to read:

SB125-SSA1,12,4 343.301 Installation of ignition interlock device or immobilization of a motor vehicle. (1) Ignition interlock. (a) If a person improperly refuses to take a test under s. 343.305 or violates s. 346.63 (1) or (2), 940.09 (1) or 940.25, and the person has one or more prior suspensions, revocations or convictions that would be counted under s. 343.307 (1), the court may order that the person's operating privilege for the operation of "Class D" vehicles be restricted to operating "Class D" vehicles that are equipped with an ignition interlock device.

SB125-SSA1,12,7 (b) The court may restrict the operating privilege restriction under par. (a) for a period of not less than one year nor more than the maximum operating privilege revocation period permitted for the refusal or violation.

SB125-SSA1,12,10 (c) If the court restricts the person's operating privilege under par. (a), the person shall be liable for the reasonable cost of equipping and maintaining any ignition interlock device installed in his or her motor vehicle.

SB125-SSA1,12,16 (d) A person to whom a restriction under this subsection 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.

SB125-SSA1,12,21 (2) Immobilization. (a) If a person improperly refuses to take a test under s. 343.305 or violates s. 346.63 (1) or (2), 940.09 (1) or 940.25, and the person has one or more prior suspensions, revocations or convictions that would be counted under s. 343.307 (1), the court may order that the motor vehicle used during the refusal or violation and owned by the person be immobilized.

SB125-SSA1,12,24 (b) The court may order the immobilization under par. (a) for a period of not less than one year nor more than the maximum operating privilege revocation period permitted for the refusal or violation.

SB125-SSA1,13,3 (c) If the court orders that the person's motor vehicle be immobilized, the person shall be liable for the reasonable cost of equipping and maintaining any immobilization device installed on his or her motor vehicle.

SB125-SSA1,13,11 (d) The court shall notify the department, in a form and manner prescribed by the department, that an order to immobilize a motor vehicle has been entered. The registration records of the department shall reflect that the order has been entered against the motor vehicle and remains unexecuted. Any law enforcement officer may execute that order based on the information provided by the department. The law enforcement agency shall notify the department when an order has been executed under this paragraph and the department shall amend its vehicle registration records to reflect that notification.

SB125-SSA1,13,17 (e) Within 10 days after immobilizing a motor vehicle under par. (d), the law enforcement agency that immobilized the vehicle shall provide notice of the immobilization by certified mail to the owner of the motor vehicle and to all lienholders of record. The notice shall set forth the year, make, model and vehicle identification number of the motor vehicle, where the motor vehicle is located and the reason for the immobilization.

SB125-SSA1, s. 27 Section 27. 343.303 of the statutes is amended to read:

SB125-SSA1,14,15 343.303 Preliminary breath screening test. If a law enforcement officer has probable cause to believe that the person is violating or has violated s. 346.63 (1) or (2m) or 346.657 or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25 or s. 940.09 where the offense involved the use of a vehicle, or if the officer detects any presence of alcohol, a controlled substance, controlled substance analog or other drug, or a combination thereof, on a person driving or operating or on duty time with respect to a commercial motor vehicle or has reason to believe that the person is violating or has violated s. 346.63 (7) or a local ordinance in conformity therewith, the officer, prior to an arrest, may request the person to provide a sample of his or her breath for a preliminary breath screening test using a device approved by the department for this purpose. The result of this preliminary breath screening test may be used by the law enforcement officer for the purpose of deciding whether or not the person shall be arrested for a violation of s. 346.63 (1), (2m), (5) or (7) or 346.657 or a local ordinance in conformity therewith, or s. 346.63 (2) or (6), 940.09 (1) or 940.25 and whether or not to require or request chemical tests as authorized under s. 343.305 (3). The result of the preliminary breath screening test shall not be admissible in any action or proceeding except to show probable cause for an arrest, if the arrest is challenged, or to prove that a chemical test was properly required or requested of a person under s. 343.305 (3). Following the screening test, additional tests may be required or requested of the driver under s. 343.305 (3). The general penalty provision under s. 939.61 (1) does not apply to a refusal to take a preliminary breath screening test.

SB125-SSA1, s. 28 Section 28. 343.305 (3) (a) of the statutes is amended to read:

SB125-SSA1,14,23 343.305 (3) (a) Upon arrest of a person for violation of s. 346.63 (1), (2m) or (5) or 346.657 or a local ordinance in conformity therewith, or for a violation of s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, a law enforcement officer may request the person to provide one or more samples of his or her breath, blood or urine for the purpose specified under sub. (2). Compliance with a request for one type of sample does not bar a subsequent request for a different type of sample.

SB125-SSA1, s. 29 Section 29. 343.305 (3) (b) of the statutes is amended to read:

SB125-SSA1,15,10 343.305 (3) (b) A person who is unconscious or otherwise not capable of withdrawing consent is presumed not to have withdrawn consent under this subsection, and if a law enforcement officer has probable cause to believe that the person has violated s. 346.63 (1), (2m) or (5) or 346.657 or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, or detects any presence of alcohol, controlled substance, controlled substance analog or other drug, or a combination thereof, on a person driving or operating or on duty time with respect to a commercial motor vehicle or has reason to believe the person has violated s. 346.63 (7), one or more samples specified in par. (a) or (am) may be administered to the person.

SB125-SSA1, s. 30 Section 30. 343.305 (5) (b) of the statutes is amended to read:

SB125-SSA1,15,19 343.305 (5) (b) Blood may be withdrawn from the person arrested for violation of s. 346.63 (1), (2), (2m), (5) or (6), 346.657 or 940.25, or s. 940.09 where the offense involved the use of a vehicle, or a local ordinance in conformity with s. 346.63 (1), (2m) or (5) or 346.657, or as provided in sub. (3) (am) or (b) to determine the presence or quantity of alcohol, a controlled substance, a controlled substance analog or any other drug, or any combination of alcohol, controlled substance, controlled substance analog and any other drug in the blood only by a physician, registered nurse, medical technologist, physician assistant or person acting under the direction of a physician.

SB125-SSA1, s. 31 Section 31. 343.305 (8) (c) 1. of the statutes is amended to read:

SB125-SSA1,16,3 343.305 (8) (c) 1. An individual aggrieved by the determination of the hearing examiner may have the determination reviewed by the court hearing the action relating to the applicable violation listed under sub. (3) (a) or (am). If the individual seeks judicial review, he or she must file the request for judicial review with the court within 20 days of the issuance of the hearing examiner's decision. The court shall send a copy of that request to the department. The judicial review shall be conducted at the time of the trial of the underlying offense under s. 346.63 or 346.657. The prosecutor of the underlying offense shall represent the interests of the department.

SB125-SSA1, s. 32 Section 32. 343.305 (9) (a) 1. of the statutes is amended to read:

SB125-SSA1,16,7 343.305 (9) (a) 1. That prior to a request under sub. (3) (a), the officer had placed the person under arrest for a violation of s. 346.63 (1), (2m) or (5) or 346.657 or a local ordinance in conformity therewith or s. 346.63 (2) or (6), 940.09 (1) or 940.25.

SB125-SSA1, s. 33 Section 33. 343.305 (9) (a) 5. a. of the statutes is amended to read:

SB125-SSA1,16,19 343.305 (9) (a) 5. a. Whether the officer had probable cause to believe the person was driving or operating a motor vehicle while under the influence of alcohol, a controlled substance or a controlled substance analog or any combination of alcohol, a controlled substance and a controlled substance analog, under the influence of any other drug to a degree which renders the person incapable of safely driving, or under the combined influence of alcohol and any other drug to a degree which renders the person incapable of safely driving or having a prohibited alcohol concentration or, if the person was driving or operating a commercial motor vehicle, an alcohol concentration of 0.04 or more and whether the person was lawfully placed under arrest for violation of s. 346.63 (1), (2m) or (5) or 346.657 or a local ordinance in conformity therewith or s. 346.63 (2) or (6), 940.09 (1) or 940.25.

SB125-SSA1, s. 34 Section 34. 343.305 (9) (d) of the statutes is amended to read:

SB125-SSA1,17,3 343.305 (9) (d) At the close of the hearing, or within 5 days thereafter, the court shall determine the issues under par. (a) 5. or (am) 5. If all issues are determined adversely to the person, the court shall proceed under sub. (10). If one or more of the issues is determined favorably to the person, the court shall order that no action be taken on the operating privilege on account of the person's refusal to take the test in question. This section does not preclude the prosecution of the person for violation of s. 346.63 (1), (2m), (5) or (7) or 346.657 or a local ordinance in conformity therewith, or s. 346.63 (2) or (6), 940.09 (1) or 940.25.

SB125-SSA1, s. 35 Section 35. 343.305 (10) (b) 3. of the statutes is amended to read:

SB125-SSA1,17,9 343.305 (10) (b) 3. Except as provided in subd. 4m., if the number of convictions, suspensions and revocations within a 10-year period equals 2, the court shall revoke the person's operating privilege for 2 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.

SB125-SSA1, s. 36 Section 36. 343.305 (10) (b) 5. of the statutes is repealed.

SB125-SSA1, s. 37 Section 37. 343.305 (10) (eg) of the statutes is created to read:

SB125-SSA1,17,22 343.305 (10) (eg) One penalty for improperly refusing to submit to a test for intoxication regarding a person arrested for a violation of s. 346.657 or a local ordinance in conformity therewith is revocation of the person's operating privilege for 12 months. If there was a minor passenger under 16 years of age in the motor vehicle at the time of the incident that gave rise to the improper refusal, the revocation period is 24 months. After the first 15 days of the revocation period, the person is eligible for an occupational license under s. 343.10. Any such improper refusal or revocation for the refusal does not count as a prior refusal or a prior revocation under this section or s. 343.307. The person shall not be required to submit to and comply with any assessment or driver safety plan under pars. (c) and (d).

SB125-SSA1, s. 38 Section 38. 343.305 (10m) of the statutes is amended to read:

SB125-SSA1,18,9 343.305 (10m) Refusals; seizure, immobilization or ignition interlock of a motor vehicle. If the person whose operating privilege is revoked under sub. (10) has 2 one or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), the procedure under s. 346.65 (6) 343.301 shall be followed regarding if the court orders the immobilization or seizure and forfeiture of a motor vehicle owned by the person or the equipping of a the motor vehicle used and owned by the person with an ignition interlock device. If the person whose operating privilege is revoked under sub. (10) has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), the procedure under s. 346.65 (6) shall be followed if the court orders the seizure and forfeiture of the motor vehicle used and owned by the person.

SB125-SSA1, s. 39 Section 39. 343.307 (4) of the statutes is created to read:

SB125-SSA1,18,12 343.307 (4) When counting convictions, revocations and suspensions under sub. (1) or (2), all of the following apply:

SB125-SSA1,18,14 (a) Every conviction for violating s. 940.09 (1) or 940.25 shall be counted for the lifetime of the person.

SB125-SSA1,18,18 (b) If a person has 3 or more of the convictions, suspensions or revocations listed under sub. (1) or (2) within a 10-year period, those convictions, suspensions or revocations and every subsequent conviction, suspension or revocation listed under sub. (1) or (2) shall be counted for the lifetime of the person.

SB125-SSA1,18,22 (c) Except as provided in pars. (a) and (b), if a person has none of the convictions, suspensions or revocations listed under sub. (1) or (2) within a 10-year period, no convictions, suspensions or revocations listed under sub. (1) or (2) that occurred before that 10-year period may be counted.

SB125-SSA1,18,25 (d) The time periods under this subsection shall be measured from the dates of the refusals or violations that resulted in the convictions, suspensions or revocations.

SB125-SSA1, s. 40 Section 40. 343.31 (3) (bm) 3. of the statutes is amended to read:

SB125-SSA1,19,9 343.31 (3) (bm) 3. Except as provided in subd. 4m., if the number of suspensions, revocations and convictions within a 10-year period equals 2, the department shall revoke the person's operating privilege for not less than one year nor more than 18 months. 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 one year nor more than 18 months for the conviction specified in par. (bm) (intro.), the department shall impose the same period of revocation. After the first 60 days of the revocation period, the person is eligible for an occupational license under s. 343.10.

SB125-SSA1, s. 41 Section 41. 343.31 (3) (bm) 5. of the statutes is repealed.

SB125-SSA1, s. 42 Section 42. 346.63 (2m) of the statutes is amended to read:

SB125-SSA1,19,19 346.63 (2m) If a person has not attained the legal drinking age, as defined in s. 125.02 (8m), the person may not drive or operate a motor vehicle while he or she has an alcohol concentration of more than 0.0 but not more than 0.1. One penalty for violation of this subsection is suspension of a person's operating privilege under s. 343.30 (1p) (a). The person is eligible for an occupational license under s. 343.10 at any time. If a person arrested for a violation of this subsection refuses to take a test under s. 343.305, the refusal is a separate violation and the person is subject to revocation of the person's operating privilege under s. 343.305 (10) (em).

SB125-SSA1, s. 43 Section 43. 346.65 (2) (b) of the statutes is amended to read:

SB125-SSA1,20,2 346.65 (2) (b) Except as provided in par. pars. (f) and (g), shall be fined not less than $300 $350 nor more than $1,000 $1,100 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.

SB125-SSA1, s. 44 Section 44. 346.65 (2) (c) of the statutes is amended to read:

SB125-SSA1,20,9 346.65 (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.

SB125-SSA1, s. 45 Section 45. 346.65 (2) (d) of the statutes is amended to read:

SB125-SSA1,20,16 346.65 (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.

SB125-SSA1, s. 46 Section 46. 346.65 (2) (e) of the statutes is amended to read:

SB125-SSA1,20,22 346.65 (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.

SB125-SSA1, s. 47 Section 47. 346.65 (2) (g) of the statutes is created to read:

SB125-SSA1,20,25 346.65 (2) (g) 1. If a person convicted had an alcohol concentration of 0.17 to 0.199, the applicable minimum and maximum fines under pars. (c) to (e) are doubled.

SB125-SSA1,21,2 2. If a person convicted had an alcohol concentration of 0.20 to 0.249, the applicable minimum and maximum fines under pars. (c) to (e) are tripled.

SB125-SSA1,21,4 3. If a person convicted had an alcohol concentration of 0.25 or above, the applicable minimum and maximum fines under pars. (c) to (e) are quadrupled.

SB125-SSA1, s. 48 Section 48. 346.65 (2c) of the statutes is amended to read:

SB125-SSA1,21,11 346.65 (2c) In sub. (2) (b) to (e), the time period shall be measured from the dates of the refusals or violations that resulted in the revocation or convictions. If a person has a suspension, revocation or conviction for any offense under a local ordinance or a state statute of another state that would be counted under s. 343.307 (1), that suspension, revocation or conviction shall count as a prior suspension, revocation or conviction under sub. (2) (b) to (e), as counted under s. 343.307 (4).

SB125-SSA1, s. 49 Section 49. 346.65 (2e) of the statutes is amended to read:

SB125-SSA1,21,19 346.65 (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).

SB125-SSA1, s. 50 Section 50. 346.65 (2g) (a) of the statutes is amended to read:

SB125-SSA1,22,4 346.65 (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).

SB125-SSA1,22,14 (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.

SB125-SSA1, s. 51 Section 51. 346.65 (2g) (ag) of the statutes is created to read:

SB125-SSA1,22,23 346.65 (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.

SB125-SSA1, s. 52 Section 52. 346.65 (2g) (b) of the statutes is amended to read:

SB125-SSA1,23,15 346.65 (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.

SB125-SSA1, s. 53 Section 53. 346.65 (2g) (c) of the statutes is amended to read:

SB125-SSA1,24,2 346.65 (2g) (c) If there was a minor passenger under 16 years of age in the motor vehicle or commercial motor vehicle at the time of the violation that gave rise to the conviction, 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), (5) (a) or (6) (a), 940.09 (1) or 940.25, to participate in community service work that benefits children or that demonstrates the adverse effects on children of substance abuse or of operating a vehicle while under the influence of an intoxicant or other drug. 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.

SB125-SSA1, s. 54 Section 54. 346.65 (2j) (b) of the statutes is amended to read:

SB125-SSA1,24,7 346.65 (2j) (b) Except as provided in par. (d), 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 of prior convictions, suspension and revocations counted under s. 343.307 (2) equals 2 within a 10-year period.

SB125-SSA1, s. 55 Section 55. 346.65 (2w) of the statutes is amended to read: