LRBs0313/2
TNF&MGD:hmh&kmg:ch
2001 - 2002 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2001 ASSEMBLY BILL 746
February 19, 2002 - Offered by Representative McCormick.
AB746-ASA1,1,7
1An Act to renumber 346.65 (3m); and
to create 343.10 (2) (dr), 343.30 (1q) (i),
2343.30 (1q) (j), 346.65 (2d), 346.65 (3m) (b), 757.54 (3), 940.09 (1e) and 940.25
3(1e) of the statutes;
relating to: alcohol or other drug abuse assessments in
4cases involving the intoxicated operation of a motor vehicle, eligibility for an
5occupational license authorizing the operation of motor vehicles, and
6requesting the supreme court to promulgate a rule on the retention of certain
7court records.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB746-ASA1, s. 1
8Section
1. 343.10 (2) (dr) of the statutes is created to read:
AB746-ASA1,2,29
343.10
(2) (dr) If the court orders a person to submit to and comply with an
10assessment and driver safety plan and if the person has one or no prior convictions,
11suspensions, or revocations, as counted under s. 343.307 (1), the court may order that
1no occupational license may be issued to the person until the person has completed
2the assessment and is complying with the driver safety plan.
AB746-ASA1, s. 2
3Section
2. 343.30 (1q) (i) of the statutes is created to read:
AB746-ASA1,2,84
343.30
(1q) (i) If a court enters an order under par. (c) pursuant to s. 346.65 (2d)
5or (3m) (b), 940.09 (1e), or 940.25 (1e), the court may request information from the
6facility regarding the person's compliance with assessment. Any information
7provided to a court under this paragraph shall be confidential and may not be made
8available to any person except upon specific authorization of the court.
AB746-ASA1, s. 3
9Section
3. 343.30 (1q) (j) of the statutes is created to read:
AB746-ASA1,2,1210
343.30
(1q) (j) If the supreme court promulgates the rule specified under s.
11757.54 (3), the court shall retain all court records relating to assessments under this
12subsection for at least 10 years.
AB746-ASA1,2,1914
346.65
(2d) Prior to imposing any other penalty or order under sub. (2) for a
15violation of s. 346.63 (1) or a local ordinance in conformity therewith, the court may
16enter an order under s. 343.30 (1q) (c) requiring the person to submit to and comply
17with an assessment. The court may postpone imposing any other penalty or order
18until it has requested and reviewed information from the facility provided under s.
19343.30 (1q) (i) regarding the person's compliance with assessment.
AB746-ASA1, s. 5
20Section
5. 346.65 (3m) of the statutes is renumbered 346.65 (3m) (a).
AB746-ASA1, s. 6
21Section
6. 346.65 (3m) (b) of the statutes is created to read:
AB746-ASA1,3,222
346.65
(3m) (b) Prior to imposing any other penalty or order under par. (a) for
23a violation of s. 346.63 (2), the court may enter an order under s. 343.30 (1q) (c)
24requiring the person to submit to and comply with an assessment. The court may
25postpone imposing any other penalty or order until it has requested and reviewed
1information from the facility provided under s. 343.30 (1q) (i) regarding the person's
2compliance with assessment.
AB746-ASA1,3,64
757.54
(3) The supreme court is requested to promulgate a rule under sub. (1)
5that provides for the retention of all court records relating to assessments under s.
6343.30 (1q) for at least 10 years.
AB746-ASA1,3,128
940.09
(1e) Prior to imposing any other penalty or order under sub. (1), the
9court may enter an order under s. 343.30 (1q) (c) requiring the person to submit to
10and comply with an assessment. The court may postpone imposing any other penalty
11or order until it has requested and reviewed information from the facility provided
12under s. 343.30 (1q) (i) regarding the person's compliance with assessment.
AB746-ASA1,3,1814
940.25
(1e) Prior to imposing any other penalty or order under sub. (1), the
15court may enter an order under s. 343.30 (1q) (c) requiring the person to submit to
16and comply with an assessment. The court may postpone imposing any other penalty
17or order until it has requested and reviewed information from the facility provided
18under s. 343.30 (1q) (i) regarding the person's compliance with assessment.
AB746-ASA1,3,2520
(1) This act first applies to violations committed or refusals occurring on the
21effective date of this subsection, but does not preclude the counting of other
22convictions, suspensions, or revocations as prior convictions, suspensions, or
23revocations for purposes of administrative action by the department of
24transportation, sentencing by a court, or revocation or suspension of motor vehicle
25operating privileges.
AB746-ASA1,4,32
(1) This act takes effect on the first day of the 4th month beginning after
3publication.
