2009 - 2010 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2009 ASSEMBLY BILL 283
September 17, 2009 - Offered by Representative Gundrum.
AB283-ASA1-AA1,1,54
346.65
(2) (am) 1. Shall forfeit not less than $150 nor more than $300, except
5as provided in subds.
2. 1g. to
5. 7. and par. (f).
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346.65
(2) (am) 1g. Except as provided in subds. 1m. to 7. and par. (f), if the
8person had an alcohol concentration of 0.16 or more and had any detectable amount
9of a restricted controlled substance in his or her blood, shall be fined not less than
10$350 nor more than $1,100 and imprisoned for not less than 5 days nor more than
116 months.
AB283-ASA1-AA1,2,4
1346.65
(2) (am) 1m. Except as provided in subds. 2. to 7. and par. (f), if the
2person had an alcohol concentration of 0.20 or more, shall be fined not less than $350
3nor more than $1,100 and imprisoned for not less than 5 days nor more than 6
4months.".
AB283-ASA1-AA1,2,7
6"
Section 43m. 346.65 (2g) (a) of the statutes, as affected by 2009 Wisconsin
7Act .... (this act), is amended to read:
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346.65
(2g) (a) In addition to the authority of the court under s. 973.05 (3) (a)
9to provide that a defendant perform community service work for a public agency or
10a nonprofit charitable organization in lieu of part or all of a fine imposed under sub.
11(2) (am)
1g., 1m., 2., 3., 4., 4m., and 5., (f), and (g) and except as provided in par. (ag),
12the court may provide that a defendant perform community service work for a public
13agency or a nonprofit charitable organization in lieu of part or all of a forfeiture under
14sub. (2) (am) 1. or may require a person who is subject to sub. (2) to perform
15community service work for a public agency or a nonprofit charitable organization
16in addition to the penalties specified under sub. (2).".
AB283-ASA1-AA1,2,19
18"
Section 44g. 346.65 (2g) (ag) of the statutes, as affected by 2009 Wisconsin
19Act .... (this act), is amended to read:
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346.65
(2g) (ag) If the court determines that a person does not have the ability
21to pay a fine imposed under sub. (2) (am)
1g., 1m., 2., 3., 4., 4m., or 5., (f), or (g), the
22court shall require the defendant to perform community service work for a public
23agency or a nonprofit charitable organization in lieu of paying the fine imposed or,
24if the amount of the fine was reduced under sub. (2e), in lieu of paying the remaining
1amount of the fine. Each hour of community service performed in compliance with
2an order under this paragraph shall reduce the amount of the fine owed by an amount
3determined by the court.
AB283-ASA1-AA1,3,85
346.65
(2g) (d) With respect to imprisonment under sub. (2) (am)
1g., 1m., 2.,
6the court shall ensure that the person is imprisoned for not less than 5 days or
7ordered to perform not less than 30 days of community service work under s. 973.03
8(3) (a).".
AB283-ASA1-AA1,3,11
10"
Section 52m. 346.65 (7) of the statutes, as affected by 2009 Wisconsin Act ....
11(this act), is amended to read:
AB283-ASA1-AA1,3,1412
346.65
(7) A person convicted under sub. (2) (am)
1g., 1m., 2., 3., 4., 4m., 5., 6.,
13or 7. or (2j) (am) 2. or 3. shall be required to remain in the county jail for not less than
14a 48-consecutive-hour period.".
AB283-ASA1-AA1,3,18
16"(5c) The treatment of section 346.65 (2) (am) 1., 1g., and 1m., (2g) (a) (by
17Section 43m), (ag) (by
Section 44g), and (d), and (7) (by
Section 52m) of the statutes
18takes effect on July 1, 2011.".
