Amendment AA2-AB724

LRBa2048/1

ARG:jld:pg

2003 - 2004 LEGISLATURE

ASSEMBLY AMENDMENT 2, TO 2003 ASSEMBLY BILL 724

February 9, 2004 - Offered by Representative Musser.

AB724-AA2,1,1 At the locations indicated, amend the bill as follows:

AB724-AA2,1,2 1. Page 5, line 19: after that line insert:

AB724-AA2,1,4 " Section 4g. 165.755 (1) (b) of the statutes, as affected by 2003 Wisconsin Acts 30 and .... (Assembly Bill 421), is amended to read:

AB724-AA2,1,12 165.755 (1) (b) A court may not impose the crime laboratories and drug law enforcement surcharge under par. (a) for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), or (br) or (5) (b), for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of a state law or municipal or county ordinance involving a nonmoving traffic violation, a seating violation under s. 347.482, or a safety belt or restraint use violation under s. 347.48 (2m) or (4).

AB724-AA2, s. 4r Section 4r. 302.46 (1) (a) of the statutes, as affected by 2003 Wisconsin Acts 30 and .... (Assembly Bill 421), is amended to read:

AB724-AA2,2,15 302.46 (1) (a) On or after October 1, 1987, if If a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), or (br) or (5), or for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations, seating violations under s. 347.482, or safety belt or restraint use violations under s. 347.48 (2m) or (4), the court, in addition, shall impose a jail surcharge under ch. 814 in an amount of 1% of the fine or forfeiture imposed or $10, whichever is greater. If multiple offenses are involved, the court shall determine the jail surcharge on the basis of each fine or forfeiture. If a fine or forfeiture is suspended in whole or in part, the court shall reduce the jail surcharge in proportion to the suspension.".

AB724-AA2,2,16 2. Page 11, line 14: after that line insert:

AB724-AA2,2,18 " Section 21c. 757.05 (1) (a) of the statutes, as affected by 2003 Wisconsin Acts 30 and .... (Assembly Bill 421), is amended to read:

AB724-AA2,3,7 757.05 (1) (a) Whenever a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), or (br) or (5), or for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations, seating violations under s. 347.482, or safety belt or restraint use violations under s. 347.48 (2m) or (4), there shall be imposed in addition a penalty surcharge under ch. 814 in an amount of 24% of the fine or forfeiture imposed. If multiple offenses are involved, the penalty surcharge shall be based upon the total fine or forfeiture for all offenses. When a fine or forfeiture is suspended in whole or in part, the penalty surcharge shall be reduced in proportion to the suspension.

AB724-AA2, s. 21f Section 21f. 814.63 (1) (c) of the statutes, as affected by 2003 Wisconsin Act 30, is amended to read:

AB724-AA2,3,15 814.63 (1) (c) This subsection does not apply to an action for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), or (br) or (5), for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of a safety belt or restraint use violation under s. 347.48 (2m) or (4) or a seating violation under s. 347.482.

AB724-AA2, s. 21i Section 21i. 814.63 (2) of the statutes, as affected by 2003 Wisconsin Act 30, is amended to read:

AB724-AA2,4,2 814.63 (2) Upon the disposition of a forfeiture action in circuit court for violation of a county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district ordinance, except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a safety belt or restraint use violation under s. 347.48 (2m) or (4) or a seating violation under s. 347.482, the county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district shall pay a nonrefundable fee of $5 to the clerk of circuit court.

AB724-AA2, s. 21L Section 21L. 814.65 (1) of the statutes, as affected by 2003 Wisconsin Act 30, is amended to read:

AB724-AA2,4,15 814.65 (1) Court costs. In a municipal court action, except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of an ordinance in conformity with s. 347.48 (2m) or (4) or 347.482, the municipal judge shall collect a fee of not less than $15 nor more than $23 on each separate matter, whether it is on default of appearance, a plea of guilty or no contest, on issuance of a warrant or summons, or the action is tried as a contested matter. Of each fee received by the judge under this subsection, the municipal treasurer shall pay monthly $5 to the state treasurer for deposit in the general fund and shall retain the balance for the use of the municipality.

AB724-AA2, s. 21s Section 21s. 814.85 (1) (a) of the statutes, as affected by 2003 Wisconsin Acts 30, 33 and .... (Assembly Bill 421), is amended to read:

AB724-AA2,4,25 814.85 (1) (a) Except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a safety belt or restraint use violation under s. 347.48 (2m) or (4) or a seating violation under s. 347.482, the clerk of circuit court shall charge and collect a $68 court support services surcharge from any person, including any governmental unit, as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am) or 814.63 (1).

AB724-AA2, s. 21t Section 21t. 814.86 (1) of the statutes, as affected by 2003 Wisconsin Acts 30 and .... (Assembly Bill 421), is amended to read:

AB724-AA2,5,11 814.86 (1) Except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a safety belt or restraint use violation under s. 347.48 (2m) or (4) or a seating violation under s. 347.482, the clerk of circuit court shall charge and collect a $9 justice information system surcharge from any person, including any governmental unit, as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62 (1), (2), or (3) (a) or (b), or 814.63 (1). The justice information system surcharge is in addition to the surcharge listed in this section.

AB724-AA2, s. 21u Section 21u. Nonstatutory provisions.

AB724-AA2,5,24 (1) Notwithstanding section 347.50 (1) and (3) (a) of the statutes, as affected by this act, during the period beginning on the effective date of this subsection and ending on January 1, 2005, if a law enforcement officer has probable cause to believe that a person has committed a violation of section 347.48 (2m) or (4) of the statutes, as affected by this act, or of section 347.482 of the statutes, as created by this act, the law enforcement officer shall issue to the person a written warning, but not a citation, for the violation if the person has not been found to have committed, or received a written warning for, a previous violation during this period. If a law enforcement officer issues a written warning under this subsection, the officer shall forward a copy of the warning to the department of transportation, which shall maintain a record of the warning in the person's file under section 343.23 (2) (a) of the statutes until January 1, 2005.".

AB724-AA2,5,25 (End)