LRBs0123/2
PJH:jld&wlj:ch
2005 - 2006 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 2,
TO 2005 ASSEMBLY BILL 344
July 14, 2005 - Offered by Representative Musser.
AB344-ASA2,1,5
1An Act to amend 343.23 (2) (b), 343.305 (10) (b) 1., 343.305 (10) (b) 2., 343.305
2(10) (b) 3., 343.305 (10) (b) 4., 343.307 (1) (c), 346.65 (2) (b), 346.65 (2) (c), 346.65
3(2) (d), 346.65 (2) (e) and 346.65 (2c); and
to create 343.307 (1) (g) and 346.65
4(2d) of the statutes;
relating to: operating while intoxicated and providing a
5penalty.
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 or the person has not committed a third
OWI-related offense.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB344-ASA2,3,93
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
1record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be
2maintained permanently, except that 5 years after a licensee transfers residency to
3another state such record may be transferred to another state of licensure of the
4licensee if that state accepts responsibility for maintaining a permanent record of
5convictions for disqualifying offenses. Such reports and records may be cumulative
6beyond the period for which a license is granted, but the secretary, in exercising the
7power of suspension granted under s. 343.32 (2) may consider only those reports and
8records entered during the 4-year period immediately preceding the exercise of such
9power of suspension.
AB344-ASA2, s. 2
10Section
2. 343.305 (10) (b) 1. of the statutes is amended to read:
AB344-ASA2,3,2211
343.305
(10) (b) 1.
Except as provided in subds. 3. and 4., the The court shall
12revoke the person's operating privilege under this paragraph according to the
13number of previous suspensions, revocations
, or convictions
committed on or after
14January 1, 1989, that would be counted under s. 343.307 (2)
(a) to (g), plus the
15number of previous convictions under s. 940.09 (1) or 940.25. Suspensions,
16revocations
, and convictions arising out of the same incident shall be counted as one.
17If a person has a conviction, suspension
, or revocation for any offense that is counted
18under s. 343.307 (2), that conviction, suspension
, or revocation shall count as a prior
19conviction, suspension
, or revocation under this subdivision
if the offense occurred
20within 10 years of any other offense, if the offense followed any 10-year period during
21which the person was convicted of 2 or more offenses that could be counted under s.
22343.307 (2), or if the offense followed a conviction under s. 940.09 or 940.25.
AB344-ASA2, s. 3
23Section
3. 343.305 (10) (b) 2. of the statutes is amended to read:
AB344-ASA2,4,224
343.305
(10) (b) 2. Except as provided in subd. 3., 4. or 4m.,
for the first
25improper refusal, the court shall revoke the person's operating privilege for one year.
1After the first 30 days of the revocation period, the person is eligible for an
2occupational license under s. 343.10.
AB344-ASA2, s. 4
3Section
4. 343.305 (10) (b) 3. of the statutes is amended to read:
AB344-ASA2,4,144
343.305
(10) (b) 3.
Except as provided in subd. 4m., if If the number of
previous
5suspensions, revocations, or convictions
counted under
ss. 940.09 (1) and 940.25 in
6the person's lifetime, plus the total number of other convictions, suspensions, and
7revocations counted under s. 343.307 (2) subd. 1. within a 10-year period
, equals 2,
8the court shall revoke the person's operating privilege for 2 years
, unless a longer
9period of revocation is required under subd. 4m. After the first 90 days of the
10revocation period or, if the total number of convictions, suspensions, and revocations
11counted under this subdivision within any 5-year period equals 2 or more, after one
12year of the revocation period has elapsed, the person is eligible for an occupational
13license under s. 343.10 if he or she has completed the assessment and is complying
14with the driver safety plan.
AB344-ASA2, s. 5
15Section
5. 343.305 (10) (b) 4. of the statutes is amended to read:
AB344-ASA2,5,216
343.305
(10) (b) 4.
Except as provided in subd. 4m., if If the number of
previous
17suspensions, revocations, or convictions
counted under
ss. 940.09 (1) and 940.25 in
18the person's lifetime, plus the total number of other convictions, suspensions, and
19revocations counted under s. 343.307 (2), subd. 1. equals 3 or more, the court shall
20revoke the person's operating privilege for 3 years
, unless a longer period of
21revocation is required under subd. 4m. After the first 120 days of the revocation
22period or, if the total number of convictions, suspensions, and revocations counted
23under this subdivision within any 5-year period equals 2 or more, after one year of
24the revocation period has elapsed, the person is eligible for an occupational license
1under s. 343.10 if he or she has completed the assessment and is complying with the
2driver safety plan.
AB344-ASA2, s. 6
3Section
6. 343.307 (1) (c) of the statutes is amended to read:
AB344-ASA2,5,54
343.307
(1) (c) Convictions for violations under s. 346.63 (2)
or 940.25, or s.
5940.09 where the offense involved the use of a vehicle.
AB344-ASA2, s. 7
6Section
7. 343.307 (1) (g) of the statutes is created to read:
AB344-ASA2,5,87
343.307
(1) (g) Convictions for violations under s. 940.25, or s. 940.09 where
8the offense involved the use of a vehicle.
AB344-ASA2,5,1610
346.65
(2) (b) Except as provided in par. (f), shall be fined not less than $350
11nor more than $1,100 and imprisoned for not less than 5 days nor more than 6 months
12if the number of
convictions under ss. 940.09 (1) and 940.25 in the person's lifetime,
13plus the total number of suspensions, revocations and other convictions counted
14under s. 343.307 (1) within a 10-year period, occurrences counted under sub. (2d) 15equals 2
, except that suspensions, revocations or convictions arising out of the same
16incident or occurrence shall be counted as one.
AB344-ASA2, s. 9
17Section
9. 346.65 (2) (c) of the statutes is amended to read:
AB344-ASA2,5,2418
346.65
(2) (c) Except as provided in pars. (f) and (g), shall be fined not less than
19$600 nor more than $2,000 and imprisoned for not less than 30 days nor more than
20one year in the county jail if the number of
convictions under ss. 940.09 (1) and 940.25
21in the person's lifetime, plus the total number of suspensions, revocations and other
22convictions counted under s. 343.307 (1), occurrences counted under sub. (2d) equals
233
, except that suspensions, revocations or convictions arising out of the same
24incident or occurrence shall be counted as one.
AB344-ASA2,6,7
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-ASA2,6,159
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-ASA2,6,2217
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-ASA2,7,524
346.65
(2d) (a) When counting occurrences under sub. (2) (b) to (e), the court
25shall count the current offense and prior offenses, but may not count any suspension,
1revocation, or conviction described in s. 343.307 (1) (a) to (f) that occurred before
2January 1, 1989, or that did not occur within 10 years of any other suspension,
3revocation, or conviction that is described in s. 343.307 (1), except that the court shall
4count all suspensions, revocations, or convictions that are described in s. 343.307 (1)
5after either of the following:
AB344-ASA2,7,66
1. The person was convicted under s. 940.09 (1) or 940.25.
AB344-ASA2,7,97
2. The person has received a suspension or revocation for, or has been convicted
8of, 2 offenses that are described in s. 343.307 (1) (a) to (f) within a 10-year period and
9were committed on or after January 1, 1989.
AB344-ASA2,7,1110
(b) The court shall count any suspensions, revocations, or convictions arising
11out of the same incident or occurrence as one.
AB344-ASA2,7,1413
(1) This act first applies to offenses committed on the effective date of this
14subsection.
AB344-ASA2,7,1616
(1) This act takes effect on September 30, 2005.
