AB366-ASA1,5,109
2. Follow a nonpharmacological treatment plan designed to treat alcohol or
10other drug abuse or dependence.
AB366-ASA1,5,2413
346.65
(2) (dm) In any county that opts to offer a reduced minimum period of
14imprisonment for the successful completion of a probation period that includes
15alcohol and other drug treatment, if the number of convictions under ss. 940.09 (1)
16and 940.25 in the person's lifetime, plus the total number of suspensions,
17revocations, and other convictions counted under s. 343.307 (1) equals 4, and par.
18(am) 4m. does not apply, except that suspensions, revocations, or convictions arising
19out of the same incident or occurrence shall be counted as one, the fine shall be the
20same as under par. (am) 4., but the period of imprisonment shall be not less than 60
21days, except that if the person successfully completes a period of probation that
22includes alcohol and other drug treatment, the period of imprisonment shall be not
23less than 29 days.
A person may be sentenced under this paragraph or under par.
24(bm) or (cm) or sub. (2j) (bm), (cm), or (cr) or (3r) once in his or her lifetime.
AB366-ASA1, s. 9
25Section
9. 346.65 (2) (dr) of the statutes is created to read:
AB366-ASA1,6,9
1346.65
(2) (dr) If the number of convictions under ss. 940.09 (1) and 940.25 in
2the person's lifetime, plus the total number of suspensions, revocations, and other
3convictions counted under s. 343.307 (1) equals 4, and par. (am) 4m. does not apply,
4except that suspensions, revocations, or convictions arising out of the same incident
5or occurrence shall be counted as one, the fine shall be the same as under par. (am)
64., but the period of imprisonment shall be not less than 60 days, except that the
7period of imprisonment shall be not less than 29 days if the court places the person
8on probation under s. 973.09 and the conditions of probation require the person to
9do at least one of the following:
AB366-ASA1,6,1510
1. Follow a pharmacological treatment plan that includes, unless
11contraindicated, taking naltrexone, its drug product equivalent, or another
12pharmacological agent that is approved by the federal drug administration for the
13treatment of alcohol dependence, and that is administered in a therapeutically
14appropriate manner and in a therapeutically appropriate dosage for the duration of
15the period of probation.
AB366-ASA1,6,1716
2. Follow a nonpharmacological treatment plan designed to treat alcohol or
17other drug abuse or dependence.
AB366-ASA1, s. 10
18Section
10. 346.65 (2j) (am) 2. of the statutes is amended to read:
AB366-ASA1,6,2419
346.65
(2j) (am) 2. Except as provided in pars. (bm)
, (br) and (d), shall be fined
20not less than $300 nor more than $1,000 and imprisoned for not less than 5 days nor
21more than 6 months if the number of prior convictions under ss. 940.09 (1) and 940.25
22in the person's lifetime, plus the total number of other convictions,
suspension 23suspensions, and revocations counted under s. 343.307 (2) within a 10-year period,
24equals 2.
AB366-ASA1,7,83
346.65
(2j) (am) 3. Except as provided in pars. (cm)
, (cp), (cr)
, (cu), and (d), shall
4be fined not less than $600 nor more than $2,000 and imprisoned for not less than
545 days nor more than one year in the county jail if the number of convictions under
6ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other
7convictions, suspensions, and revocations counted under s. 343.307 (2), equals 3 or
8more.
AB366-ASA1,7,2211
346.65
(2j) (bm) In any county that opts to offer a reduced minimum period of
12imprisonment for the successful completion of a probation period that includes
13alcohol and other drug treatment, if the number of convictions under ss. 940.09 (1)
14and 940.25 in the person's lifetime, plus the total number of suspensions,
15revocations, and other convictions counted under s. 343.307 (1) within a 10-year
16period, equals 2, except that suspensions, revocations, or convictions arising out of
17the same incident or occurrence shall be counted as one, the fine shall be the same
18as under par. (am) 2., but the period of imprisonment shall be not less than 5 days,
19except that if the person successfully completes a period of probation that includes
20alcohol and other drug treatment, the period of imprisonment shall be not less than
215 nor more than 7 days.
A person may be sentenced under this paragraph or under
22par. (cm) or (cr) or sub. (2) (bm), (cm), or (dm) or (3r) once in his or her lifetime.
AB366-ASA1,8,724
346.65
(2j) (br) If the number of convictions under ss. 940.09 (1) and 940.25 in
25the person's lifetime, plus the total number of suspensions, revocations, and other
1convictions counted under s. 343.307 (1) within a 10-year period, equals 2, except
2that suspensions, revocations, or convictions arising out of the same incident or
3occurrence shall be counted as one, the fine shall be the same as under par. (am) 2.,
4but the period of imprisonment shall be not less than 5 days, except that the period
5of imprisonment shall be not less than 5 nor more than 7 days if the court places the
6person on probation under s. 973.09 and the conditions of probation require the
7person to do at least one of the following:
AB366-ASA1,8,13
81. Follow a pharmacological treatment plan that includes, unless
9contraindicated, taking naltrexone, its drug product equivalent, or another
10pharmacological agent that is approved by the federal drug administration for the
11treatment of alcohol dependence, and that is administered in a therapeutically
12appropriate manner and in a therapeutically appropriate dosage for the duration of
13the period of probation.
AB366-ASA1,8,1514
2. Follow a nonpharmacological treatment plan designed to treat alcohol or
15other drug abuse or dependence.
AB366-ASA1,9,418
346.65
(2j) (cm) In any county that opts to offer a reduced minimum period of
19imprisonment for the successful completion of a probation period that includes
20alcohol and other drug treatment, if the number of convictions under ss. 940.09 (1)
21and 940.25 in the person's lifetime, plus the total number of suspensions,
22revocations, and other convictions counted under s. 343.307 (1) equals 3, except that
23suspensions, revocations, or convictions arising out of the same incident or
24occurrence shall be counted as one, the fine shall be the same as under par. (am) 3.,
25but the period of imprisonment shall be not less than 45 days, except that if the
1person successfully completes a period of probation that includes alcohol and other
2drug treatment, the period of imprisonment shall be not less than 14 days.
A person
3may be sentenced under this paragraph or under par. (bm) or (cr) or sub. (2) (bm),
4(cm), or (dm) or (3r) once in his or her lifetime.
AB366-ASA1,9,146
346.65
(2j) (cp) If the number of convictions under ss. 940.09 (1) and 940.25 in
7the person's lifetime, plus the total number of suspensions, revocations, and other
8convictions counted under s. 343.307 (1) equals 3, except that suspensions,
9revocations, or convictions arising out of the same incident or occurrence shall be
10counted as one, the fine shall be the same as under par. (am) 3., but the period of
11imprisonment shall be not less than 45 days, except that the period of imprisonment
12shall be not less than 14 days if the court places the person on probation under s.
13973.09 and the conditions of probation require the person to do at least one of the
14following:
AB366-ASA1,9,20
151. Follow a pharmacological treatment plan that includes, unless
16contraindicated, taking naltrexone, its drug product equivalent, or another
17pharmacological agent that is approved by the federal drug administration for the
18treatment of alcohol dependence, and that is administered in a therapeutically
19appropriate manner and in a therapeutically appropriate dosage for the duration of
20the period of probation.
AB366-ASA1,9,2221
2. Follow a nonpharmacological treatment plan designed to treat alcohol or
22other drug abuse or dependence.
AB366-ASA1,9,25
1346.65
(2j) (cr) In any county that opts to offer a reduced minimum period of
2imprisonment for the successful completion of a probation period that includes
3alcohol and other drug treatment, if the number of convictions under ss. 940.09 (1)
4and 940.25 in the person's lifetime, plus the total number of suspensions,
5revocations, and other convictions counted under s. 343.307 (1) equals 4, and sub. (2)
6(am) 4m. does not apply, except that suspensions, revocations, or convictions arising
7out of the same incident or occurrence shall be counted as one, the fine shall be the
8same as under par. (am) 3., but the period of imprisonment shall be not less than 60
9days, except that if the person successfully completes a period of probation that
10includes alcohol and other drug treatment, the period of imprisonment shall be not
11less than 29 days.
A person may be sentenced under this paragraph or under par.
12(bm) or (cm) or sub. (2) (bm), (cm), or (dm) or (3r) once in his or her lifetime.
AB366-ASA1,10,2214
346.65
(2j) (cu) If the number of convictions under ss. 940.09 (1) and 940.25 in
15the person's lifetime, plus the total number of suspensions, revocations, and other
16convictions counted under s. 343.307 (1) equals 4, and sub. (2) (am) 4m. does not
17apply, except that suspensions, revocations, or convictions arising out of the same
18incident or occurrence shall be counted as one, the fine shall be the same as under
19par. (am) 3., but the period of imprisonment shall be not less than 60 days, except that
20the period of imprisonment shall be not less than 29 days if the court places the
21person on probation under s. 973.09 and the conditions of probation require the
22person to do at least one of the following:
AB366-ASA1,11,3
231. Follow a pharmacological treatment plan that includes, unless
24contraindicated, taking naltrexone, its drug product equivalent, or another
25pharmacological agent that is approved by the federal drug administration for the
1treatment of alcohol dependence, and that is administered in a therapeutically
2appropriate manner and in a therapeutically appropriate dosage for the duration of
3the period of probation.
AB366-ASA1,11,54
2. Follow a nonpharmacological treatment plan designed to treat alcohol or
5other drug abuse or dependence.
AB366-ASA1,11,87
346.65
(2x) A person may be sentenced under sub. (2) (bm), (br), (cm), (cr), (dm),
8or (dr), (2j) (bm), (br), (cm), (cp), (cr), or (cu), or (3r) once in his or her lifetime.
AB366-ASA1,11,2311
346.65
(3r) In any county that opts to offer a reduced minimum period of
12imprisonment for the successful completion of a probation period that includes
13alcohol and other drug treatment, any person violating s. 346.63 (2) or (6) shall be
14fined the same as under sub. (3m), but the period of imprisonment shall be not less
15than 30 days, except that if the person successfully completes a period of probation
16that includes alcohol and other drug treatment, the period of imprisonment shall be
17not less than 15 days. If there was a minor passenger under 16 years of age in the
18motor vehicle at the time of the violation that gave rise to the conviction under s.
19346.63 (2) or (6), the offense is a felony, the applicable minimum and maximum fines
20or periods of imprisonment for the conviction are doubled and the place of
21imprisonment shall be determined under s. 973.02.
A person may be sentenced
22under this subsection or under sub. (2) (bm) or (cm) or (2j) (bm) or (cm) once in his
23or her lifetime. This subsection does not apply to a person sentenced under sub. (3p).
AB366-ASA1,12,6
1(1)
This act first applies to violations that are committed or refusals that occur
2on the effective date of this subsection, but does not preclude the counting of other
3convictions, suspensions, or revocations as prior convictions, suspensions, or
4revocations for purposes of administrative action by the department of
5transportation, sentencing by a court, or revocation or suspension of motor vehicle
6operating privileges.
AB366-ASA1,12,88
(1)
This act takes effect on July 1, 2010.