Amendment SSA1-SB125

SB125-SSA1,2,16 An Act to repeal 343.30 (1q) (b) 5., 343.305 (10) (b) 5., 343.31 (3) (bm) 5., 346.65 (6) (a) 2., 347.413 (2) and 800.03 (4); to renumber 343.30 (1p); to renumber and amend 940.09 (1d) and 940.25 (1d); to amend 20.435 (6) (hx), 110.07 (3), 125.07 (4) (bs) 2., 125.07 (4) (bs) 3. and 4., 125.07 (4) (c) 2., 125.07 (4) (c) 3. and 4., 125.07 (4) (e) 2. (intro.), 165.83 (2) (e), 343.10 (5) (a) 3., 343.10 (5) (b), 343.23 (2) (b), 343.30 (1q) (b) 3., 343.30 (1q) (h), 343.30 (6) (b) (intro.), 343.303, 343.305 (3) (a), 343.305 (3) (b), 343.305 (5) (b), 343.305 (8) (c) 1., 343.305 (9) (a) 1., 343.305 (9) (a) 5. a., 343.305 (9) (d), 343.305 (10) (b) 3., 343.305 (10m), 343.31 (3) (bm) 3., 346.63 (2m), 346.65 (2) (b), 346.65 (2) (c), 346.65 (2) (d), 346.65 (2) (e), 346.65 (2c), 346.65 (2e), 346.65 (2g) (a), 346.65 (2g) (b), 346.65 (2g) (c), 346.65 (2j) (b), 346.65 (2w), 346.65 (6) (a) 1., 346.65 (6) (a) 2m., 346.65 (6) (a) 3., 346.65 (6) (b), 346.65 (6) (c), 346.65 (6) (d), 346.655 (1), 346.655 (2) (a), 346.655 (2) (b), 346.95 (2), 347.413 (1), 347.417 (1), 347.417 (2), 349.03 (2m), 349.03 (4), 349.06 (1m), 885.235 (1m), 885.235 (4), 938.344 (2) (b), 938.344 (2) (c), 938.344 (2b) (b) and 938.344 (2b) (c); and 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), 343.30 (1p) (b), 343.301, 343.305 (10) (eg), 343.307 (4), 346.65 (2) (g), 346.65 (2g) (ag), 346.657, 346.93 (2f), 346.93 (2g), 940.09 (1d) (a) and 940.25 (1d) (a) of the statutes; relating to: operating a motor vehicle while under the influence of an intoxicant or drugs, or both; immobilization of, installation of an ignition interlock device on or seizure of motor vehicles for offenses related to driving while under the influence of an intoxicant; absolute sobriety for repeat drunken drivers; restrictions on prisoner release from jail or prison; creating a safe-ride grant program; creating an ignition interlock device program; counting drunk driving offenses; pretrial intoxicated driver intervention grants; requiring a report on incarceration alternatives and ignition interlock devices; certain alcohol beverage offenses committed by persons under the legal drinking age; 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:

SB125-SSA1, s. 1 Section 1. 20.395 (5) (ek) of the statutes is created to read:

SB125-SSA1,2,20 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.

SB125-SSA1, s. 2 Section 2. 20.435 (6) (hx) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB125-SSA1,3,13 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 and all moneys transferred from the appropriation account under s. 20.395 (5) (di) shall be 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 from the driver improvement surcharge. Any unencumbered moneys in this appropriation account may be transferred to sub. (7) (hy) and ss. 20.255 (1) (hm), 20.285 (1) (ia), 20.395 (5) (ci) and (di) 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.

SB125-SSA1, s. 3 Section 3. 51.30 (4) (b) 25. of the statutes is created to read:

SB125-SSA1,3,17 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).

SB125-SSA1, s. 4 Section 4. 85.55 of the statutes is created to read:

SB125-SSA1,4,3 85.55 Safe-ride grant program. The department may award grants to any county or municipality or to any nonprofit corporation, as defined in s. 46.93 (1m) (c), 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).

SB125-SSA1, s. 5 Section 5. 110.07 (3) of the statutes is amended to read:

SB125-SSA1,4,14 110.07 (3) The secretary may employ inspectors who may not wear the uniform of the state patrol, whose duties shall be to enforce and assist in administering s. 346.63 and 346.657, this chapter and chs. 194, 218, 340 to 345 and 347 to 351, s. 23.33, the inspection requirements of s. 121.555 (2) (b) and the requirements under s. 346.45 (4) for vehicles being used to transport hazardous materials. Such inspectors, in the performance of these duties, shall have the powers and authority of state traffic officers. For the purpose of death, disability and retirement coverage, such inspectors shall be subject to ch. 40 as is the state traffic patrol. Subject to sub. (5), the secretary may clothe and equip inspectors as the interest of public safety and their duties require.

SB125-SSA1, s. 6 Section 6. 110.10 of the statutes is created to read:

SB125-SSA1,4,19 110.10 Ignition interlock device program. The department shall promulgate rules providing for the implementation of an ignition interlock device program that will be conveniently available to persons throughout this state. The rules shall include provisions regarding all of following:

SB125-SSA1,4,21 (1) The selection of persons to install, service and remove ignition interlock devices from motor vehicles.

SB125-SSA1,4,23 (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.

SB125-SSA1,4,25 (3) Requiring ignition interlock device providers operating in this state to establish pilot programs involving the voluntary use of ignition interlock devices.

SB125-SSA1,5,3 (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.

SB125-SSA1,5,8 (5) Requiring ignition interlock device providers to notify the department of any ignition interlock device tampering, circumvention, bypass or violation resets, including all relevant data recorded in the device's memory. Upon receiving notice described in this subsection, the department shall immediately provide the notice and data to the provider that is administering the violator's driver safety plan.

SB125-SSA1, s. 7 Section 7. 125.07 (4) (bs) 2. of the statutes is amended to read:

SB125-SSA1,5,17 125.07 (4) (bs) 2. For a violation committed within 12 months of a one previous violation, 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. In addition, the person's operating privilege may be suspended as provided under s. 343.30 (6) (b) 2., except that if the violation of par. (a) involved a motor vehicle the person's operating privilege shall be suspended as provided under s. 343.30 (6) (b) 2.

SB125-SSA1, s. 8 Section 8. 125.07 (4) (bs) 3. and 4. of the statutes, as affected by 1997 Wisconsin Act 84, are amended to read:

SB125-SSA1,6,2 125.07 (4) (bs) 3. For a violation committed within 12 months of 2 previous violations, either a forfeiture of not less than $500 nor more than $750, suspension 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. In addition, the person's operating privilege may be suspended as provided under s. 343.30 (6) (b) 3., except that if the violation of par. (a) involved a motor vehicle the person's operating privilege shall be suspended as provided under s. 343.30 (6) (b) 3.

SB125-SSA1,6,10 4. For a violation committed within 12 months of 3 or more previous violations, either a forfeiture of not less than $750 nor more than $1,000, suspension 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. In addition, the person's operating privilege may be suspended as provided under s. 343.30 (6) (b) 3., except that if the violation of par. (a) involved a motor vehicle the person's operating privilege shall be suspended as provided under s. 343.30 (6) (b) 3.

SB125-SSA1, s. 9 Section 9. 125.07 (4) (c) 2. of the statutes is amended to read:

SB125-SSA1,6,19 125.07 (4) (c) 2. For a violation committed within 12 months of a one previous violation, 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. In addition, the person's operating privilege may be suspended as provided under s. 343.30 (6) (b) 2., except that if the violation of par. (b) involved a motor vehicle the person's operating privilege shall be suspended as provided under s. 343.30 (6) (b) 2.

SB125-SSA1, s. 10 Section 10. 125.07 (4) (c) 3. and 4. of the statutes, as affected by 1997 Wisconsin Act 84, are amended to read:

SB125-SSA1,7,4 125.07 (4) (c) 3. For a violation committed within 12 months of 2 previous violations, either a forfeiture of not less than $300 nor more than $500, suspension 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. In addition, the person's operating privilege may be suspended as provided under s. 343.30 (6) (b) 3., except that if the violation of par. (b) involved a motor vehicle the person's operating privilege shall be suspended as provided under s. 343.30 (6) (b) 3.

SB125-SSA1,7,12 4. For a violation committed within 12 months of 3 or more previous violations, either a forfeiture of not less than $500 nor more than $1,000, suspension 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. In addition, the person's operating privilege may be suspended as provided under s. 343.30 (6) (b) 3., except that if the violation of par. (b) involved a motor vehicle the person's operating privilege shall be suspended as provided under s. 343.30 (6) (b) 3.

SB125-SSA1, s. 11 Section 11. 125.07 (4) (e) 2. (intro.) of the statutes is amended to read:

SB125-SSA1,7,19 125.07 (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:

SB125-SSA1, s. 12 Section 12. 165.83 (2) (e) of the statutes is amended to read:

SB125-SSA1,8,2 165.83 (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.

SB125-SSA1, s. 13 Section 13. 303.065 (2m) of the statutes is created to read:

SB125-SSA1,8,10 303.065 (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.

SB125-SSA1, s. 14 Section 14. 303.08 (1) (cg) of the statutes is created to read:

SB125-SSA1,8,13 303.08 (1) (cg) Attendance at an assessment ordered by a court under s. 343.30 (1q) (c);

SB125-SSA1, s. 15 Section 15. 303.08 (1) (cm) of the statutes is created to read:

SB125-SSA1,8,16 303.08 (1) (cm) Attendance at a treatment program required by a driver safety plan under s. 343.30 (1q) (c);

SB125-SSA1, s. 16 Section 16. 303.08 (10m) of the statutes is created to read:

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).