Amendment ASA1-AB283

AB283-ASA1, s. 44 Section 44. 346.65 (2g) (ag) of the statutes is amended to read:

AB283-ASA1,20,23 346.65 (2g) (ag) If the court determines that a person does not have the ability to pay a fine imposed under sub. (2) (am) 2., 3., 4., 4m., or 5., (f), or (g), the court shall require the defendant to perform community service work for a public agency or a nonprofit charitable organization in lieu of paying the fine imposed or, if the amount of the fine was reduced under sub. (2e), in lieu of paying the remaining amount of the fine. Each hour of community service performed in compliance with an order under this paragraph shall reduce the amount of the fine owed by an amount determined by the court.

AB283-ASA1, s. 45 Section 45. 346.65 (2j) (bm) of the statutes is amended to read:

AB283-ASA1,21,12 346.65 (2j) (bm) In Winnebago County any county that opts to offer a reduced minimum period of imprisonment for the successful completion of a probation period that includes alcohol and other drug treatment, 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, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the fine shall be the same as under par. (am) 2., but the period of imprisonment shall be not less than 5 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 5 nor more than 7 days. A person may be sentenced under this paragraph or under par. (cm) or sub. (2) (bm) or (cm) or (3r) once in his or her lifetime.

AB283-ASA1, s. 46 Section 46. 346.65 (2j) (cm) of the statutes is amended to read:

AB283-ASA1,21,25 346.65 (2j) (cm) In Winnebago County any county that opts to offer a reduced minimum period of imprisonment for the successful completion of a probation period that includes alcohol and other drug treatment, 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 3 or more, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the fine shall be the same as under par. (am) 3., but the period of imprisonment shall be not less than 30 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 10 days. A person may be sentenced under this paragraph or under par. (bm) or sub. (2) (bm) or (cm) or (3r) once in his or her lifetime.

AB283-ASA1, s. 47 Section 47. 346.65 (2q) of the statutes is amended to read:

AB283-ASA1,22,5 346.65 (2q) Any person violating s. 346.63 (2m) shall forfeit $200. If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under 346.63 (2m), the forfeiture is person shall be fined $400.

AB283-ASA1, s. 48 Section 48. 346.65 (3m) of the statutes is amended to read:

AB283-ASA1,22,14 346.65 (3m) Except as provided in sub. (3p) or (3r), any person violating s. 346.63 (2) or (6) shall be fined not less than $300 nor more than $2,000 and may be imprisoned for not less than 30 days nor more than one year in the county jail. If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under s. 346.63 (2) or (6), the offense is a felony, the applicable minimum and maximum fines or periods of imprisonment for the conviction are doubled and the place of imprisonment shall be determined under s. 973.02.

AB283-ASA1, s. 49 Section 49. 346.65 (3p) of the statutes is created to read:

AB283-ASA1,22,21 346.65 (3p) Any person violating s. 346.63 (2) or (6) is guilty of a Class H felony if the person has one or more prior convictions, suspensions, or revocations, as counted under s. 343.307 (1). If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under s. 346.63 (2) or (6), the offense is a felony and the applicable maximum fines or periods of imprisonment for the conviction are doubled.

AB283-ASA1, s. 50 Section 50. 346.65 (3r) of the statutes is amended to read:

AB283-ASA1,23,11 346.65 (3r) In Winnebago County any county that opts to offer a reduced minimum period of imprisonment for the successful completion of a probation period that includes alcohol and other drug treatment, any person violating s. 346.63 (2) or (6) shall be fined the same as under sub. (3m), but the period of imprisonment shall be not less than 30 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 15 days. If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under s. 346.63 (2) or (6), the offense is a felony, the applicable minimum and maximum fines or periods of imprisonment for the conviction are doubled and the place of imprisonment shall be determined under s. 973.02. A person may be sentenced under this subsection or under sub. (2) (bm) or (cm) or (2j) (bm) or (cm) once in his or her lifetime. This subsection does not apply to a person sentenced under sub. (3p).

AB283-ASA1, s. 51 Section 51. 346.65 (6) of the statutes is repealed.

AB283-ASA1, s. 52 Section 52. 346.65 (7) of the statutes is amended to read:

AB283-ASA1,23,16 346.65 (7) A person convicted under sub. (2) (am) 2., 3., 4., 4m., 5., 6., or 7. or (2j) (am) 2. or 3. shall be required to remain in the county jail for not less than a 48-consecutive-hour period.

AB283-ASA1, s. 53 Section 53. 346.65 (8) of the statutes is repealed.

AB283-ASA1, s. 54 Section 54. 346.655 (1) of the statutes is amended to read:

AB283-ASA1,24,2 346.655 (1) If a court imposes a fine or a forfeiture for a violation of s. 346.63 (1) or (5), except for a first violation of s. 346.63 (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 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 under ch. 814 in an amount of $365 in addition to the fine or forfeiture, plus costs, fees, and other surcharges imposed under ch. 814.

AB283-ASA1, s. 55 Section 55. 346.657 of the statutes is created to read:

AB283-ASA1,24,9 346.657 District attorney surcharge. (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 district attorney surcharge under ch. 814 in an amount of $100 in addition to the fine or forfeiture, plus costs, fees, and other surcharges imposed under ch. 814.

AB283-ASA1,24,13 (2) (a) Except as provided in par. (b), the clerk of court shall collect and transmit the amount under sub. (1) to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment of the amount to the secretary of administration as provided in s. 59.25 (3) (f) 2.

AB283-ASA1,24,17 (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 the amount to the secretary of administration as provided in s. 66.0114 (1) (bm).

AB283-ASA1,24,19 (3) Any person who fails to pay a district attorney surcharge imposed under sub. (1) is subject to s. 343.30 (1z).

AB283-ASA1, s. 56 Section 56. 347.413 (title) and (1) of the statutes are amended to read:

AB283-ASA1,25,3 347.413 (title) Ignition interlock device tampering; failure to install. (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. 346.65 (6), 1999 stats., or s. 343.301 (1), or fail to have the ignition interlock device installed as ordered by the court. 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.

AB283-ASA1, s. 57 Section 57. 347.417 (1) of the statutes is amended to read:

AB283-ASA1,25,9 347.417 (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. 346.65 (6), 1999 stats., or s. 343.301 (2), 2007 stats. 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.

AB283-ASA1, s. 58 Section 58. 347.417 (2) of the statutes is amended to read:

AB283-ASA1,25,15 347.417 (2) The department shall design a warning label which shall be affixed by the owner of each immobilization device before the device is used to immobilize any motor vehicle under s. 346.65 (6), 1999 stats., or s. 343.301 (2), 2007 stats. The label shall provide notice of the penalties for removing, disconnecting, tampering with, or otherwise circumventing the operation of the immobilization device.

AB283-ASA1, s. 59 Section 59. 347.50 (1s) of the statutes is amended to read:

AB283-ASA1,25,21 347.50 (1s) Any person violating s. 347.413 (1) or 347.417 (1) may be required to forfeit fined not less than $150 nor more than $600, or may be imprisoned for not more than 6 months, or both for the first offense. For a 2nd or subsequent conviction within 5 years, the person may be fined not less than $300 nor more than $1,000, or imprisoned for not more than 6 months, or both.

AB283-ASA1, s. 60 Section 60. 347.50 (1t) of the statutes is created to read:

AB283-ASA1,25,25 347.50 (1t) In addition to the penalty under sub. (1s), if a person who is subject to an order under s. 343.301 violates s. 347.413, the court shall extend the order under s. 343.301 (1) or (2m) for 6 months for each violation.

AB283-ASA1, s. 61 Section 61. 757.05 (1) (a) of the statutes is amended to read:

AB283-ASA1,26,14 757.05 (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), (br), or (bv) 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, violations under s. 343.51 (1m) (b), or safety belt use violations under s. 347.48 (2m), there shall be imposed in addition a penalty surcharge under ch. 814 in an amount of 26 percent 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.

AB283-ASA1, s. 62 Section 62. 814.63 (1) (c) of the statutes is amended to read:

AB283-ASA1,26,21 814.63 (1) (c) This subsection does not apply to an action for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) 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 under s. 343.51 (1m) (b), or a safety belt use violation under s. 347.48 (2m).

AB283-ASA1, s. 63 Section 63. 814.63 (2) of the statutes is amended to read:

AB283-ASA1,27,6 814.63 (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 violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m), 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.

AB283-ASA1, s. 64 Section 64. 814.65 (1) of the statutes is amended to read:

AB283-ASA1,27,18 814.65 (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. 343.51 (1m) (b) or 347.48 (2m), the municipal judge shall collect a fee of not less than $15 nor more than $28 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 secretary of administration for deposit in the general fund and shall retain the balance for the use of the municipality.

AB283-ASA1, s. 65 Section 65. 814.65 (1) of the statutes, as affected by 2009 Wisconsin Acts 28 and .... (this act), is repealed and recreated to read:

AB283-ASA1,28,4 814.65 (1) Court costs. In a municipal court action, for a financial responsibility violation under s. 344.62 (2) or for a violation of an ordinance in conformity with s. 343.51 (1m) (b) or 347.48 (2m), the municipal judge shall collect a fee of not less than $15 nor more than $28 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 secretary of administration for deposit in the general fund and shall retain the balance for the use of the municipality.

AB283-ASA1, s. 66 Section 66. 814.75 (9m) of the statutes is created to read:

AB283-ASA1,28,6 814.75 (9m) The district attorney surcharge under s. 346.657.

AB283-ASA1, s. 67 Section 67. 814.76 (7m) of the statutes is created to read:

AB283-ASA1,28,8 814.76 (7m) The district attorney surcharge under s. 346.657.

AB283-ASA1, s. 68 Section 68. 814.78 (7m) of the statutes is created to read:

AB283-ASA1,28,10 814.78 (7m) The district attorney surcharge under s. 346.657.

AB283-ASA1, s. 69 Section 69. 814.79 (4r) of the statutes is created to read:

AB283-ASA1,28,12 814.79 (4r) The district attorney surcharge under s. 346.657.

AB283-ASA1, s. 70 Section 70. 814.85 (1) (a) of the statutes is amended to read:

AB283-ASA1,28,21 814.85 (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 violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m), 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).

AB283-ASA1, s. 71 Section 71. 814.85 (1) (a) of the statutes, as affected by 2009 Wisconsin Acts 28 and .... (this act), is repealed and recreated to read:

AB283-ASA1,29,4 814.85 (1) (a) Except for an action for a financial responsibility violation under s. 344.62 (2), or for a violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m), 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).

AB283-ASA1, s. 72 Section 72. 814.86 (1) of the statutes, as affected by 2009 Wisconsin Act 28, section 3240, is amended to read:

AB283-ASA1,29,15 814.86 (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 violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $21.50 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 sub. (1m).

AB283-ASA1, s. 73 Section 73. 814.86 (1) of the statutes, as affected by 2009 Wisconsin Act 28, section 3240m, and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB283-ASA1,29,25 814.86 (1) Except for an action for a financial responsibility violation under s. 344.62 (2), or for a violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $21.50 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 sub. (1m).

AB283-ASA1, s. 74 Section 74. 940.09 (1d) of the statutes is repealed and recreated to read:

AB283-ASA1,30,3 940.09 (1d) A person who violates sub. (1) is subject to the requirements and procedures for installation of an ignition interlock device under s. 343.301.

AB283-ASA1, s. 75 Section 75. 940.25 (1d) of the statutes is repealed and recreated to read:

AB283-ASA1,30,6 940.25 (1d) A person who violates sub. (1) is subject to the requirements and procedures for installation of an ignition interlock device under s. 343.301.

AB283-ASA1, s. 76 Section 76. 969.01 (2) (a) of the statutes is amended to read:

AB283-ASA1,30,14 969.01 (2) (a) Release pursuant to s. 969.02 or 969.03 may be allowed in the discretion of the trial court after conviction and prior to sentencing or the granting of probation. This paragraph does not apply to a person if his or her 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), equals 3 or more until after the person has served at least the minimum term of confinement for the violation.

AB283-ASA1, s. 77 Section 77. 973.09 (1) (d) (intro.) of the statutes is renumbered 973.09 (1) (d) and amended to read:

AB283-ASA1,30,23 973.09 (1) (d) If a person is convicted of an offense that provides a mandatory or presumptive minimum period of one year or less of imprisonment, a court may place the person on probation under par. (a) if the court requires, as a condition of probation, that the person be confined under sub. (4) for at least that mandatory or presumptive minimum period. The person is eligible to earn good time credit calculated under s. 302.43 regarding the period of confinement. This paragraph does not apply if the conviction is for any of the following:

AB283-ASA1, s. 78 Section 78. 973.09 (1) (d) 1. of the statutes is repealed.

AB283-ASA1, s. 79 Section 79. 973.09 (1) (d) 2. of the statutes is repealed.

AB283-ASA1, s. 80 Section 80. 973.09 (1) (d) 3. of the statutes is repealed.

AB283-ASA1, s. 81 Section 81. 973.15 (8) (a) 3. of the statutes is amended to read:

AB283-ASA1,31,9 973.15 (8) (a) 3. For not more than 60 days, except that the court may not stay execution of a person's sentence of imprisonment or to the intensive sanctions program under this subdivision if the person's 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), equals 3 or more until after the person has served at least the minimum term of confinement for the violation.

AB283-ASA1, s. 82 Section 82. 978.05 (1m) of the statutes is created to read:

AB283-ASA1,31,19 978.05 (1m) Intoxicated and drugged driving actions. The district attorney of any prosecutorial unit shall use funds from the appropriation under s. 20.475 (1) (j) to prosecute offenses relating to operating a motor vehicle while under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, a controlled substance and a controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug or operating a motor vehicle with a prohibited alcohol concentration or a detectable amount of a restricted controlled substance in his or her blood.

AB283-ASA1, s. 83 Section 83. Nonstatutory provisions.

AB283-ASA1,32,3 (1) The department of corrections may not use moneys from the appropriation under section 20.410 (1) (hh) of the statutes, as created by this act, to supplant moneys allocated to provide services related to probation, extended supervision and parole, the intensive sanctions program under section 301.048 of the statutes, the community residential confinement program under section 301.046 of the statutes, and programs of intensive supervision of adult offenders and minimum security correctional institutions established under section 301.13 of the statutes for persons who were convicted of offenses not related to intoxicated driving.

AB283-ASA1, s. 84 Section 84. Initial applicability.

AB283-ASA1,32,10 (1) This act first applies to violations that are committed or refusals that occur on the effective date of this subsection, but does not preclude the counting of other convictions, suspensions, or revocations as prior convictions, suspensions, or revocations for purposes of administrative action by the department of transportation, sentencing by a court, or revocation or suspension of motor vehicle operating privileges.

AB283-ASA1, s. 85 Section 85. Effective dates. This act takes effect on first day of the 3rd month beginning after publication, except as follows:

AB283-ASA1,32,16 (1) The repeal and recreation of sections 343.10 (2) (a) (intro.) and 343.23 (2) (b) of the statutes takes effect on the first day of the 3rd month beginning after publication, or on the date on which the creation of section 343.165 of the statutes by 2007 Wisconsin Act 20 takes effect, whichever is later.

AB283-ASA1,32,25 (2) The repeal of sections 342.12 (4) (c) 1. b., 343.301 (1) (title), 343.301 (2), and 346.65 (6) of the statutes, the renumbering and amendment of sections 343.301 (1) (c) and 343.301 (1) (d) of the statutes, the amendment of sections 340.01 (46m) (c), 342.12 (4) (c) 1. c., 342.13 (1), 343.10 (2) (a) (intro.), 343.10 (5) (a) 3., 343.301 (title), 347.413 (title) and (1), 347.417 (1), 347.417 (2), and 347.50 (1s) of the statutes, the repeal and recreation of sections 343.301 (1), 343.305 (10m), 940.09 (1d), and 940.25 (1d) of the statutes, and the creation of sections 20.395 (5) (hj), 343.10 (2) (f), 343.301 (3) (b), 343.301 (5), and 347.50 (1t) of the statutes take effect on the first day of the 9th month beginning after publication.

AB283-ASA1,33,2 (3) The creation of sections 20.410 (1) (hh) and 139.27 of the statutes takes effect on July 1, 2011.

AB283-ASA1,33,4 (4) The repeal and recreation of sections 814.65 (1), 814.85 (1) (a), and 814.86 (1) of the statutes takes effect on July 1, 2010.

AB283-ASA1,33,5 (End)