ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2005 ASSEMBLY BILL 344
May 19, 2005 - Offered by Representatives Musser and Townsend.
AB344-ASA1,1,3
1An Act to amend 343.23 (2) (b), 346.65 (2) (b), 346.65 (2) (c), 346.65 (2) (d), 346.65
2(2) (e) and 346.65 (2c); and
to create 346.65 (2d) of the statutes;
relating to:
3operating while intoxicated and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Transportation (DOT) maintains a
driving record for every person who possesses a driver's license. When DOT receives
notice that a person was convicted of an offense relating to operating certain vehicles
while intoxicated or operating certain vehicles with a prohibited blood alcohol
concentration (OWI-related offense), that information is kept permanently in the
person's driving record. Also under current law, when a person commits an
OWI-related offense, the court is required to consider the number of previous
OWI-related offenses committed by the person to determine the person's penalty.
2003 Wisconsin Act 30 requires DOT to purge the record of a first violation from
a driver's record if the person who committed the violation had a blood alcohol
concentration between 0.08 and 0.1 at the time of the violation, if the person does not
have a commercial driver license, if the violation was not committed by a person
operating a commercial motor vehicle, and if the person does not commit another
alcohol-related driving offense during the ten-year period following the violation.
This substitute amendment eliminates the requirements that DOT retain or
purge certain OWI-related records, but forbids courts to count, for the purposes of
determining a penalty, any OWI-related offense that occurred within ten years of
another OWI-related offense, so long as the offense does not involve causing serious
bodily injury or death to another person.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB344-ASA1,3,73
343.23
(2) (b) The information specified in pars. (a) and (am) must be filed by
4the department so that the complete operator's record is available for the use of the
5secretary in determining whether operating privileges of such person shall be
6suspended, revoked, canceled, or withheld, or the person disqualified, in the interest
7of public safety.
The record of suspensions, revocations, and convictions that would
8be counted under s. 343.307 (2) shall be maintained permanently, except that the
9department shall purge the record of a first violation of s. 23.33 (4c) (a) 2., 30.681 (1)
10(b) 1., 346.63 (1) (b), or 350.101 (1) (b) after 10 years, if the person who committed the
11violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the
12time of the violation, if the person does not have a commercial driver license, if the
13violation was not committed by a person operating a commercial motor vehicle, and
14if the person has no other suspension, revocation, or conviction that would be counted
15under s. 343.307 during that 10-year period. The record of convictions for
16disqualifying offenses under s. 343.315 (2) (h) shall be maintained for at least 10
17years. The record of convictions for disqualifying offenses under s. 343.315 (2) (f) and
18(j), and all records specified in par. (am), shall be maintained for at least 3 years. The
19record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be
20maintained permanently, except that 5 years after a licensee transfers residency to
1another state such record may be transferred to another state of licensure of the
2licensee if that state accepts responsibility for maintaining a permanent record of
3convictions for disqualifying offenses. Such reports and records may be cumulative
4beyond the period for which a license is granted, but the secretary, in exercising the
5power of suspension granted under s. 343.32 (2) may consider only those reports and
6records entered during the 4-year period immediately preceding the exercise of such
7power of suspension.
AB344-ASA1,3,159
346.65
(2) (b) Except as provided in par. (f), shall be fined not less than $350
10nor more than $1,100 and imprisoned for not less than 5 days nor more than 6 months
11if the number of
convictions under ss. 940.09 (1) and 940.25 in the person's lifetime,
12plus the total number of suspensions, revocations and other convictions counted
13under s. 343.307 (1) within a 10-year period, occurrences counted under sub. (2d) 14equals 2
, except that suspensions, revocations or convictions arising out of the same
15incident or occurrence shall be counted as one.
AB344-ASA1, s. 3
16Section
3. 346.65 (2) (c) of the statutes is amended to read:
AB344-ASA1,3,2317
346.65
(2) (c) Except as provided in pars. (f) and (g), shall be fined not less than
18$600 nor more than $2,000 and imprisoned for not less than 30 days nor more than
19one year in the county jail if the number of
convictions under ss. 940.09 (1) and 940.25
20in the person's lifetime, plus the total number of suspensions, revocations and other
21convictions counted under s. 343.307 (1), occurrences counted under sub. (2d) equals
223
, except that suspensions, revocations or convictions arising out of the same
23incident or occurrence shall be counted as one.
AB344-ASA1, s. 4
24Section
4. 346.65 (2) (d) of the statutes is amended to read:
AB344-ASA1,4,7
1346.65
(2) (d) Except as provided in pars. (f) and (g), shall be fined not less than
2$600 nor more than $2,000 and imprisoned for not less than 60 days nor more than
3one year in the county jail if the number of
convictions under ss. 940.09 (1) and 940.25
4in the person's lifetime, plus the total number of suspensions, revocations and other
5convictions counted under s. 343.307 (1), occurrences counted under sub. (2d) equals
64
, except that suspensions, revocations or convictions arising out of the same
7incident or occurrence shall be counted as one.
AB344-ASA1,4,159
346.65
(2) (e) Except as provided in pars. (f) and (g), is guilty of a Class H felony
10and shall be fined not less than $600 and imprisoned for not less than 6 months if
11the number of
convictions under ss. 940.09 (1) and 940.25 in the person's lifetime,
12plus the total number of suspensions, revocations and other convictions counted
13under s. 343.307 (1), occurrences counted under sub. (2d) equals 5 or more
, except
14that suspensions, revocations or convictions arising out of the same incident or
15occurrence shall be counted as one.
AB344-ASA1,4,2217
346.65
(2c) In sub.
(2) (b) to (e)
(2d), the time period shall be measured from
18the dates of the refusals or violations that resulted in the revocation or convictions.
19If a person has a suspension, revocation or conviction for any offense under a local
20ordinance or a state statute of another state that would be counted under s. 343.307
21(1), that suspension, revocation or conviction shall count as a prior suspension,
22revocation or conviction under sub.
(2) (b) to (e)
(2d).
AB344-ASA1,5,224
346.65
(2d) In sub. (2) (b) to (e), the court shall count the number of convictions
25under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of
1suspensions, revocations, and other convictions counted under s. 343.307 (1), except
2that:
AB344-ASA1,5,43
(a) The court shall count any suspensions, revocations, or convictions arising
4out of the same incident or occurrence as one.
AB344-ASA1,5,85
(b) The court shall not count any suspension, revocation, or conviction counted
6under s. 343.307 (1) not arising out of the same incident or occurrence and not
7occurring within 10 years of another suspension, revocation, or occurrence. This
8paragraph shall not apply to convictions under ss. 940.09 (1) and 940.25.
AB344-ASA1,5,1010
(1)
This act takes effect on September 30, 2005.
