Amendment ASA1-SB55

SB55-ASA1, s. 3419m Section 3419m. 343.301 (1) (a) 1. of the statutes is created to read:

SB55-ASA1,1114,2 343.301 (1) (a) 1. Except as provided in subd. 2., 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 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 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.

SB55-ASA1, s. 3420m Section 3420m. 343.301 (1) (b) of the statutes, as created by 2001 Wisconsin Act .... (this act), is renumbered 343.301 (1) (b) 2. and amended to read:

SB55-ASA1,1114,9 343.301 (1) (b) 2. The court shall order the operating privilege restriction and the installation of an ignition interlock device under par. (a) 2. for a period of not less than one year nor more than the maximum operating privilege revocation period permitted for the refusal or violation, beginning on the first day of the operating privilege revocation period.

SB55-ASA1, s. 3420n Section 3420n. 343.301 (1) (b) 1. of the statutes is created to read:

SB55-ASA1,1114,13 343.301 (1) (b) 1. The court may restrict the operating privilege restriction under par. (a) 1. for a period of not less than one year nor more than the maximum operating privilege revocation period permitted for the refusal or violation.

SB55-ASA1, s. 3420p Section 3420p. 343.301 (2) (a) of the statutes, as created by 2001 Wisconsin Act .... (this act), is renumbered 343.301 (2) (a) 2. and amended to read:

SB55-ASA1,1115,6 343.301 (2) (a) 2. 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 a total of 2 or more convictions, suspensions, or revocations counted under s. 343.307 (1) within any 5-year period, the court shall order that each motor vehicle for which the person's name appears on the vehicle's certificate of title or registration be immobilized. If immobilizing each motor vehicle under this paragraph subdivision would cause undue hardship to any person, except the person to whom the order applies, who is completely dependent on a motor vehicle subject to immobilization for the necessities of life, including a family member or any person who holds legal title to a motor vehicle with the person to whom the order applies, the court may order that one or more motor vehicles subject to this paragraph subdivision not be immobilized. This paragraph subdivision does not apply if the court enters an order under sub. (1) (a) 1. or, if the person has 2 or more prior convictions, suspensions, or revocations for purposes of this paragraph subdivision, to the motor vehicle owned by the person and used in the violation or refusal if the court orders the vehicle to be seized and forfeited under s. 346.65 (6).

SB55-ASA1, s. 3420r Section 3420r. 343.301 (2) (a) 1. of the statutes is created to read:

SB55-ASA1,1115,14 343.301 (2) (a) 1. Except as provided in subd. 2., 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 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 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.

SB55-ASA1, s. 3420s Section 3420s. 343.301 (2) (b) of the statutes, as created by 2001 Wisconsin Act .... (this act), is renumbered 343.301 (2) (b) 2. and amended to read:

SB55-ASA1,1115,20 343.301 (2) (b) 2. The court shall order the immobilization under par. (a) 2. for a period of not less than one year nor more than the maximum operating privilege revocation period permitted for the refusal or violation, beginning on the first day of the operating privilege revocation period.

SB55-ASA1, s. 3420t Section 3420t. 343.301 (2) (b) 1. of the statutes is created to read:

SB55-ASA1,1115,24 343.301 (2) (b) 1. The court may order the immobilization under par. (a) 1. for a period of not less than one year nor more than the maximum operating privilege revocation period permitted for the refusal or violation.

SB55-ASA1, s. 3421m Section 3421m. 343.305 (10) (b) 3. of the statutes is amended to read:

SB55-ASA1,1116,9 343.305 (10) (b) 3. 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) 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 or, if the total number of convictions, suspensions, and revocations counted under this subdivision within any 5-year period equals 2 or more, after one year of the revocation period has elapsed, 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.

SB55-ASA1, s. 3422m Section 3422m. 343.305 (10) (b) 4. of the statutes is amended to read:

SB55-ASA1,1116,19 343.305 (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) within a 10-year period, equals 3 or more, the court shall revoke the person's operating privilege for 3 years. After the first 90 days of the revocation period or, if the total number of convictions, suspensions, and revocations counted under this subdivision within any 5-year period equals 2 or more, after one year of the revocation period has elapsed, 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.

SB55-ASA1, s. 3423g Section 3423g. 343.305 (10m) of the statutes is amended to read:

SB55-ASA1,1117,8 343.305 (10m) Refusals; seizure, immobilization or ignition interlock of a motor vehicle. If the person whose operating privilege is revoked under sub. (10) has 2 or more prior convictions, suspensions, or revocations, as counted under s. 343.307 (1) within any 5-year period, the procedure under s. 343.301 shall be followed if the court enters an order regarding operating privilege restriction and the installation of an ignition interlock device or enters an order regarding immobilization. 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 regarding the immobilization or seizure and forfeiture of a motor vehicle owned by the person or the equipping of a motor vehicle owned by the person with an ignition interlock device.

SB55-ASA1, s. 3423h Section 3423h. 343.305 (10m) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is renumbered 343.305 (10m) (b) and amended to read:

SB55-ASA1,1117,22 343.305 (10m) (b) If the person whose operating privilege is revoked under sub. (10) has 2 or more convictions, suspensions, or revocations, as counted under s. 343.307 (1) within any 5-year period, the procedure under s. 343.301 shall be followed if the court enters an order regarding operating privilege restriction and the installation of an ignition interlock device or enters an order regarding immobilization. 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 regarding the immobilization or if the court orders seizure and forfeiture of a the motor vehicle used in the improper refusal and owned by the person or the equipping of a motor vehicle owned by the person with an ignition interlock device.

SB55-ASA1, s. 3423j Section 3423j. 343.305 (10m) (a) of the statutes is created to read:

SB55-ASA1,1118,8 343.305 (10m) (a) Except as provided in par. (b), if the person whose operating privilege is revoked under sub. (10) has one or more prior convictions, suspensions, or revocations, as counted under s. 343.307 (1), the procedure under s. 343.301 shall be followed if the court enters an order regarding operating priviledge restriction or enters an order regarding immobilization. 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 the court orders seizure and forfeiture of the motor vehicle used in the improper refusal and owned by the person.

SB55-ASA1, s. 3424b Section 3424b. 343.31 (3) (bm) 3. of the statutes is amended to read:

SB55-ASA1,1118,21 343.31 (3) (bm) 3. 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 suspensions, revocations, and other convictions counted under s. 343.307 (1) 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 or, if the total number of convictions, suspensions, and revocations counted under this subdivision within any 5-year period equals 2 or more, after one year of the revocation period has elapsed, the person is eligible for an occupational license under s. 343.10.

SB55-ASA1, s. 1750 Section 1750. 343.31 (3) (bm) 4. of the statutes is amended to read:

SB55-ASA1,1119,7 343.31 (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 one year of the revocation period has elapsed, the person is eligible for an occupational license under s. 343.10.

SB55-ASA1, s. 3426m Section 3426m. 343.31 (3m) (a) of the statutes is amended to read:

SB55-ASA1,1119,14 343.31 (3m) (a) Any person who has his or her operating privilege revoked under sub. (3) (c) or (f) is eligible for an occupational license under s. 343.10 after the first 120 days of the revocation period, except that if the total number of convictions, suspensions, or revocations for any offense that is counted under s. 343.307 (1) within any 5-year period equals 2 or more, the person is eligible for an occupational license under s. 343.10 after one year of the revocation period has elapsed.

SB55-ASA1, s. 3427m Section 3427m. 343.31 (3m) (b) of the statutes is amended to read:

SB55-ASA1,1119,21 343.31 (3m) (b) Any person who has his or her operating privilege revoked under sub. (3) (e) is eligible for an occupational license under s. 343.10 after the first 60 days of the revocation period, except that if the total number of convictions, suspensions, or revocations for any offense that is counted under s. 343.307 (1) within any 5-year period equals 2 or more, the person is eligible for an occupational license under s. 343.10 after one year of the revocation period has elapsed.

SB55-ASA1, s. 1751 Section 1751. 345.26 (1) (b) 1. of the statutes is amended to read:

SB55-ASA1,1120,7 345.26 (1) (b) 1. If the person makes a deposit for a violation of a traffic regulation, the person need not appear in court at the time fixed in the citation, and the person will be deemed to have tendered a plea of no contest and submitted to a forfeiture and a penalty assessment, if required by s. 757.05, a jail assessment, if required by s. 302.46 (1), a truck driver education assessment, if required by s. 349.04, a railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), and a crime laboratories and drug law enforcement assessment, if required by s. 165.755, plus any applicable fees prescribed in ch. 814, not to exceed the amount of the deposit that the court may accept as provided in s. 345.37; and

SB55-ASA1, s. 1752 Section 1752. 345.26 (2) (b) of the statutes is amended to read:

SB55-ASA1,1120,13 345.26 (2) (b) In addition to the amount in par. (a), the deposit shall include court costs, including any applicable fees prescribed in ch. 814, any applicable penalty assessment, any applicable jail assessment, any applicable truck driver education assessment, any applicable railroad crossing improvement assessment, and any applicable crime laboratories and drug law enforcement assessment.

SB55-ASA1, s. 1753 Section 1753. 345.36 (2) (b) of the statutes is amended to read:

SB55-ASA1,1121,2 345.36 (2) (b) Deem the nonappearance a plea of no contest and enter judgment accordingly. If the defendant has posted bond for appearance at that date, the court may also order the bond forfeited. The court shall promptly mail a copy of the judgment to the defendant. The judgment shall allow not less than 20 days from the date thereof for payment of any forfeiture, penalty assessment, jail assessment, railroad crossing improvement assessment, truck driver education assessment, crime laboratories and drug law enforcement assessment, and costs imposed. If the defendant moves to open the judgment within 20 days after the date set for trial, and shows to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise, or excusable neglect, the court shall open the judgment, reinstate the not guilty plea, and set a new trial date. The court may impose costs under s. 814.07. The court shall immediately notify the department to delete the record of conviction based upon the original judgment.

SB55-ASA1, s. 1754 Section 1754. 345.37 (2) of the statutes is amended to read:

SB55-ASA1,1121,21 345.37 (2) If the defendant has made a deposit under s. 345.26, the citation may serve as the initial pleading and the defendant shall be deemed to have tendered a plea of no contest and submitted to a forfeiture and a penalty assessment, if required by s. 757.05, a jail assessment, if required by s. 302.46 (1), a truck driver education assessment, if required by s. 349.04, a railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), and a crime laboratories and drug law enforcement assessment, if required by s. 165.755, plus costs, including any applicable fees prescribed in ch. 814, not exceeding the amount of the deposit. The court may either accept the plea of no contest and enter judgment accordingly, or reject the plea and issue a summons under ch. 968. If the defendant fails to appear in response to the summons, the court shall issue a warrant under ch. 968. If the court accepts the plea of no contest, the defendant may move within 6 months after the date set for the appearance to withdraw the plea of no contest, open the judgment, and enter a plea of not guilty upon a showing to the satisfaction of the court that the failure to appear was due to mistake, inadvertence, surprise, or excusable neglect. If on reopening the defendant is found not guilty, the court shall immediately notify the department to delete the record of conviction based on the original proceeding and shall order the defendant's deposit returned.

SB55-ASA1, s. 1755 Section 1755. 345.37 (5) of the statutes is amended to read:

SB55-ASA1,1122,5 345.37 (5) Within 5 working days after forfeiture of deposit or entry of default judgment, the official receiving the forfeiture, the penalty assessment, if required by s. 757.05, the jail assessment, if required by s. 302.46 (1), the truck driver education assessment, if required by s. 349.04, the railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), and the crime laboratories and drug law enforcement assessment, if required by s. 165.755, shall forward to the department a certification of the entry of default judgment or a judgment of forfeiture.

SB55-ASA1, s. 1756 Section 1756. 345.375 (2) of the statutes is amended to read:

SB55-ASA1,1122,12 345.375 (2) Upon default of the defendant corporation or limited liability company or upon conviction, judgment for the amount of the forfeiture, the penalty assessment, if required under s. 757.05, the jail assessment, if required by s. 302.46 (1), the truck driver education assessment, if required by s. 349.04, and the crime laboratories and drug law enforcement assessment, if required under s. 165.755, shall be entered.

SB55-ASA1, s. 1757 Section 1757. 345.47 (1) (intro.) of the statutes is amended to read:

SB55-ASA1,1122,22 345.47 (1) (intro.) If the defendant is found guilty, the court may enter judgment against the defendant for a monetary amount not to exceed the maximum forfeiture, penalty assessment, if required by s. 757.05, the jail assessment, if required by s. 302.46 (1), the truck driver education assessment, if required by s. 349.04, the railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), and the crime laboratories and drug law enforcement assessment, if required by s. 165.755, provided for the violation and for costs under s. 345.53 and, in addition, may suspend or revoke his or her operating privilege under s. 343.30. If the judgment is not paid, the court shall order:

SB55-ASA1, s. 1758 Section 1758. 345.47 (1) (b) of the statutes is amended to read:

SB55-ASA1,1123,10 345.47 (1) (b) In lieu of imprisonment and in addition to any other suspension or revocation, that the defendant's operating privilege be suspended. The operating privilege shall be suspended for 30 days or until the person pays the forfeiture, the penalty assessment, if required by s. 757.05, the jail assessment, if required by s. 302.46 (1), the truck driver education assessment, if required by s. 349.04, the railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), and the crime laboratories and drug law enforcement assessment, if required by s. 165.755, but not to exceed 2 years. Suspension under this paragraph shall not affect the power of the court to suspend or revoke under s. 343.30 or the power of the secretary to suspend or revoke the operating privilege. This paragraph does not apply if the judgment was entered solely for violation of an ordinance unrelated to the violator's operation of a motor vehicle.

SB55-ASA1, s. 1759 Section 1759. 345.47 (1) (c) of the statutes is amended to read:

SB55-ASA1,1124,2 345.47 (1) (c) If a court or judge suspends an operating privilege under this section, the court or judge shall immediately take possession of the suspended license and shall forward it to the department together with the notice of suspension, which shall clearly state that the suspension was for failure to pay a forfeiture, a penalty assessment, if required by s. 757.05, a truck driver education assessment, if required by s. 349.04, a jail assessment, if required by s. 302.46 (1), a railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), and a crime laboratories and drug law enforcement assessment, if required by s. 165.755, imposed by the court. The notice of suspension and the suspended license, if it is available, shall be forwarded to the department within 48 hours after the order of suspension. If the forfeiture, penalty assessment, jail assessment, truck driver education assessment, railroad crossing improvement assessment , and crime laboratories and drug law enforcement assessment are paid during a period of suspension, the court or judge shall immediately notify the department. Upon receipt of the notice and payment of the reinstatement fee under s. 343.21 (1) (j), the department shall return the surrendered license.

SB55-ASA1, s. 1760 Section 1760. 345.47 (2) of the statutes is amended to read:

SB55-ASA1,1124,9 345.47 (2) The payment of any judgment may be suspended or deferred for not more than 60 days in the discretion of the court. In cases where a deposit has been made, any forfeitures, penalty assessments, jail assessments, truck driver education assessments, railroad crossing improvement assessments, crime laboratories and drug law enforcement assessments, and costs shall be taken out of the deposit and the balance, if any, returned to the defendant.

SB55-ASA1, s. 1761 Section 1761. 345.47 (3) of the statutes is amended to read:

SB55-ASA1,1124,16 345.47 (3) When a defendant is imprisoned for nonpayment of a forfeiture, a penalty assessment, a jail assessment, a truck driver education assessment, a railroad crossing improvement assessment, or a crime laboratories and drug law enforcement assessment for an action brought by a municipality located in more than one county, any commitment to a county institution shall be to the county in which the action was tried.

SB55-ASA1, s. 1762 Section 1762. 345.49 (1) of the statutes is amended to read:

SB55-ASA1,1125,3 345.49 (1) Any person imprisoned under s. 345.47 for nonpayment of a forfeiture, a penalty assessment, if required by s. 757.05, a jail assessment, if required by s. 302.46 (1), a truck driver education assessment, if required by s. 349.04, a railroad crossing improvement assessment, if required by s. 346.177, 346.495 or 346.65 (4r), or a crime laboratories and drug law enforcement assessment, if required by s. 165.755, may, on request, be allowed to work under s. 303.08. If the person does work, earnings shall be applied on the unpaid forfeiture, penalty assessment, truck driver education assessment, jail assessment, railroad crossing improvement assessment, or crime laboratories and drug law enforcement assessment after payment of personal board and expenses and support of personal dependents to the extent directed by the court.

SB55-ASA1, s. 1763 Section 1763. 345.49 (2) of the statutes is amended to read:

SB55-ASA1,1125,20 345.49 (2) Any person who is subject to imprisonment under s. 345.47 for nonpayment of a forfeiture, penalty assessment, truck driver education assessment, jail assessment, railroad crossing improvement assessment, or crime laboratories and drug law enforcement assessment may be placed on probation to some person satisfactory to the court for not more than 90 days or until the forfeiture, penalty assessment, truck driver education assessment, jail assessment, railroad crossing improvement assessment, or crime laboratories and drug law enforcement assessment is paid if that is done before expiration of the 90-day period. The payment of the forfeiture, penalty assessment, truck driver education assessment, jail assessment, railroad crossing improvement assessment, or crime laboratories and drug law enforcement assessment during that period shall be a condition of the probation. If the forfeiture, penalty assessment, truck driver education assessment, jail assessment, railroad crossing improvement assessment, or crime laboratories and drug law enforcement assessment is not paid or the court deems that the interests of justice require, probation may be terminated and the defendant imprisoned as provided in sub. (1) or s. 345.47.

SB55-ASA1, s. 1764 Section 1764. 345.61 (2) (c) of the statutes is amended to read:

SB55-ASA1,1126,10 345.61 (2) (c) "Guaranteed arrest bond certificate" as used in this section means any printed card or other certificate issued by an automobile club, association or insurance company to any of its members or insureds, which card or certificate is signed by the member or insureds and contains a printed statement that the automobile club, association or insurance company and a surety company, or an insurance company authorized to transact both automobile liability insurance and surety business, guarantee the appearance of the persons whose signature appears on the card or certificate and that they will in the event of failure of the person to appear in court at the time of trial, pay any fine or forfeiture imposed on the person, including the penalty assessment required by s. 757.05, the truck driver education assessment required by s. 349.04, the jail assessment required by s. 302.46 (1), the railroad crossing improvement assessment required by s. 346.177, 346.495 or 346.65 (4r), and the crime laboratories and drug law enforcement assessment required by s. 165.755, in an amount not exceeding $200, or $1,000 as provided in sub. (1) (b).

SB55-ASA1, s. 3442g Section 3442g. 346.57 (4) (L) of the statutes is created to read:

SB55-ASA1,1126,13 346.57 (4) (L) Thirty-five miles per hour on STH 58 from I 90/94 in the city of Mauston to Fairway Lane in the town of Lisbon, in Juneau County.

SB55-ASA1, s. 3442h Section 3442h. 346.57 (4) (m) of the statutes is created to read:

SB55-ASA1,1126,16 346.57 (4) (m) Forty-five miles per hour on STH 58 from Fairway Lane to Welch Prairie Road in the town of Lisbon, in Juneau County.

SB55-ASA1, s. 3442j Section 3442j. 346.57 (6) (a) of the statutes is amended to read:

SB55-ASA1,1127,7 346.57 (6) (a) On state trunk highways and connecting highways and on county trunk highways or highways marked and signed as county trunks, the speed limits specified in sub. (4) (e) and, (f) , (L), and (m) are not effective unless official signs giving notice thereof have been erected by the authority in charge of maintenance of the highway in question. The speed limit specified in sub. (4) (g) and (k) is not effective on any highway unless official signs giving notice thereof have been erected by the authority in charge of maintenance of the highway in question. The signs shall be erected at such points as the authority in charge of maintenance deems necessary to give adequate warning to users of the highway in question, but an alleged failure to post a highway as required by this paragraph is not a defense to a prosecution for violation of the speed limits specified in sub. (4) (e), (f), (g) or, (k), (L), or (m), or in an ordinance enacted in conformity therewith, if official signs giving notice of the speed limit have been erected at those points on the highway in question where a person traversing such highway would enter it from an area where a different speed limit is in effect.

SB55-ASA1, s. 3442k Section 3442k. 346.60 (2) (a) of the statutes is amended to read:

SB55-ASA1,1127,11 346.60 (2) (a) Except as provided in sub. (3m) or (5), any person violating s. 346.57 (4) (d) to (g) or, (h), (L), or (m) or (5) or 346.58 may be required to forfeit not less than $30 nor more than $300.

SB55-ASA1, s. 3442m Section 3442m. 346.60 (3m) (a) of the statutes is amended to read:

SB55-ASA1,1127,17 346.60 (3m) (a) If an operator of a vehicle violates s. 346.57 (2), (3), (4) (d) to (h), (L), or (m) or (5) where persons engaged in work in a highway maintenance or construction area or in a utility work area are at risk from traffic, any applicable minimum and maximum forfeiture specified in sub. (2) or (3) for the violation shall be doubled.

SB55-ASA1, s. 3443c Section 3443c. 346.65 (2g) (d) of the statutes is created to read:

SB55-ASA1,1127,21 346.65 (2g) (d) With respect to imprisonment under sub. (2) (b), the court shall ensure that the person is imprisoned for not less than 5 days or ordered to perform not less than 30 days of community service work under s. 973.03 (3) (a).

SB55-ASA1, s. 3443g Section 3443g. 346.65 (6) (a) 1. of the statutes is amended to read:

SB55-ASA1,1128,11 346.65 (6) (a) 1. The Except as provided in s. 343.301, the court may order a law enforcement officer to seize the motor vehicle used in the violation or improper refusal and owned by the person, or, if the motor vehicle is not ordered seized, shall order a law enforcement officer to equip the motor vehicle with an ignition interlock device or immobilize any motor vehicle owned by the person, whose operating privilege is revoked under s. 343.305 (10) or who committed a violation of s. 346.63 (1) (a), (b) or (2) (a) 1. or 2., 940.09 (1) (a) or (b), (c) or (d) or 940.25 (1) (a), (b), (c) or (d) if the person whose operating privilege is revoked under s. 343.305 (10) or who is convicted of the violation has 2 or more prior suspensions, revocations or convictions, counting convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus other convictions, suspensions or revocations counted under s. 343.307 (1). The court may not order a motor vehicle seized, equipped with an ignition interlock device or immobilized if that would result in undue hardship or extreme inconvenience or would endanger the health and safety of a person.

SB55-ASA1, s. 3443k Section 3443k. 346.65 (6) (a) 1. of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1,1129,4 346.65 (6) (a) 1. Except as provided in s. 343.301, the The court may order a law enforcement officer to seize the motor vehicle used in the violation or improper refusal and owned by the person, or, if the motor vehicle is not ordered seized, shall order a law enforcement officer to equip the motor vehicle with an ignition interlock device or immobilize any motor vehicle owned by the person, whose operating privilege is revoked under s. 343.305 (10) or who committed a violation of s. 346.63 (1) (a), or (b) or (2) (a) 1. or 2., 940.09 (1) (a) or, (b), (c), or (d), or 940.25 (1) (a), (b), (c), or (d) if the person whose operating privilege is revoked under s. 343.305 (10) or who is convicted of the violation has 2 or more prior suspensions, revocations, or convictions, counting convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus other convictions, suspensions, or revocations counted under s. 343.307 (1). The court may not order a motor vehicle seized, equipped with an ignition interlock device or immobilized if that if the court enters an order under s. 343.301 to immobilize the motor vehicle or equip the motor vehicle with an ignition interlock device or if seizure would result in undue hardship or extreme inconvenience or would endanger the health and safety of a person.

SB55-ASA1, s. 3443m Section 3443m. 346.65 (6) (m) of the statutes is amended to read:

SB55-ASA1,1129,17 346.65 (6) (m) The Except as provided in s. 343.301, the court may order a vehicle to be immobilized under this subsection for not more than the period that the person's operating privilege is revoked under s. 343.30 or 343.31. The court may order a vehicle to be equipped with an ignition interlock device under this subsection for not more than 2 years more than the period that the person's operating privilege is revoked under s. 343.30 or 343.31. If the court orders any motor vehicle immobilized or equipped with an ignition interlock device under this subsection, the owner shall be liable for the reasonable costs of the immobilization or the equipping of the ignition interlock device. If a motor vehicle that is immobilized is subject to a security agreement, the court shall release the motor vehicle to the secured party upon the filing of an affidavit by the secured party that the security agreement is in default and upon payment of the accrued cost of immobilizing the motor vehicle.

SB55-ASA1, s. 1765 Section 1765. 346.655 (1) of the statutes is amended to read:

SB55-ASA1,1129,25 346.655 (1) If a court imposes a fine or a forfeiture for a violation of s. 346.63 (1) or (5), 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, it shall impose a driver improvement surcharge in an amount of $345 $355 in addition to the fine or forfeiture, penalty assessment, jail assessment and, crimes laboratories and drug law enforcement assessment, and, if required by s. 349.04, truck driver education assessment.

SB55-ASA1, s. 1766 Section 1766. 346.655 (2) (b) of the statutes is amended to read:

SB55-ASA1,1130,6 346.655 (2) (b) If the forfeiture is imposed by a municipal court, the court shall transmit the amount to the treasurer of the county, city, town, or village, and that treasurer shall make payment of 38.5% of the amount to the state treasurer as provided in s. 66.0114 (1) (b) (bm). The treasurer of the city, town, or village shall transmit the remaining 61.5% of the amount to the treasurer of the county.

SB55-ASA1, s. 3445f Section 3445f. 347.413 (1) of the statutes is amended to read:

SB55-ASA1,1130,13 347.413 (1) No person may remove, disconnect, tamper with or otherwise circumvent the operation of an ignition interlock device installed in response to the court order under s. 343.301 (1) or 346.65 (6). This subsection does not apply to the removal of an ignition interlock device upon the expiration of the order requiring the motor vehicle to be so equipped or to necessary repairs to a malfunctioning ignition interlock device by a person authorized by the department.

SB55-ASA1, s. 3445g Section 3445g. 347.413 (1) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1,1130,22 347.413 (1) No person may remove, disconnect, tamper with, or otherwise circumvent the operation of an ignition interlock device installed in response to the court order under s. 343.301 (1) or 346.65 (6), 1999 stats., or s. 343.301 (1). This subsection does not apply to the removal of an ignition interlock device upon the expiration of the order requiring the motor vehicle to be so equipped or to necessary repairs to a malfunctioning ignition interlock device by a person authorized by the department.

SB55-ASA1, s. 3445h Section 3445h. 347.417 (1) of the statutes is amended to read:

SB55-ASA1,1131,3 347.417 (1) No person may remove, disconnect, tamper with or otherwise circumvent the operation of any immobilization device installed in response to a court order under s. 343.301 (2) or 346.65 (6). This subsection does not apply to the removal of an immobilization device pursuant to a court order or to necessary repairs to a malfunctioning immobilization device.

SB55-ASA1, s. 3445j Section 3445j. 347.417 (1) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read: