Amendment ASA1-AB366

2009 - 2010 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2009 ASSEMBLY BILL 366

February 11, 2010 - Offered by Representatives Barca and Roys.

AB366-ASA1,1,6 An Act to amend 346.65 (2) (am) 2., 346.65 (2) (am) 3., 346.65 (2) (am) 4., 346.65 (2) (bm), 346.65 (2) (cm), 346.65 (2) (dm), 346.65 (2j) (am) 2., 346.65 (2j) (am) 3., 346.65 (2j) (bm), 346.65 (2j) (cm), 346.65 (2j) (cr) and 346.65 (3r); and to create 346.65 (2) (br), 346.65 (2) (cr), 346.65 (2) (dr), 346.65 (2j) (br), 346.65 (2j) (cp), 346.65 (2j) (cu) and 346.65 (2x) of the statutes; relating to: alternative sentencing for certain drunken driving offenses and providing penalties.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB366-ASA1, s. 1 Section 1. 346.65 (2) (am) 2. of the statutes is amended to read:

AB366-ASA1,2,2 346.65 (2) (am) 2. Except as provided in pars. (bm) , (br), and (f), shall be fined not less than $350 nor more than $1,100 and imprisoned for not less than 5 days nor more than 6 months 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.

AB366-ASA1, s. 2 Section 2. 346.65 (2) (am) 3. of the statutes, as affected by 2009 Wisconsin Act Act 100, is amended to read:

AB366-ASA1,2,11 346.65 (2) (am) 3. Except as provided in pars. (cm), (cr), (f), and (g), shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 45 days nor more than one year in the county jail 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), equals 3, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.

AB366-ASA1, s. 3 Section 3. 346.65 (2) (am) 4. of the statutes, as affected by 2009 Wisconsin Act 100, is amended to read:

AB366-ASA1,2,20 346.65 (2) (am) 4. Except as provided in subd. 4m. and pars. (dm), (dr), (f), and (g), shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 60 days nor more than one year in the county jail 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), equals 4, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.

AB366-ASA1, s. 4 Section 4. 346.65 (2) (bm) of the statutes, as affected by 2009 Wisconsin Act 100, is amended to read:

AB366-ASA1,3,9 346.65 (2) (bm) In 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 (dm) or sub. (2j) (bm), (cm), or (cr) or (3r) once in his or her lifetime.

AB366-ASA1, s. 5 Section 5. 346.65 (2) (br) of the statutes is created to read:

AB366-ASA1,3,19 346.65 (2) (br) 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 the period of imprisonment shall be not less than 5 nor more than 7 days if the court places the person on probation under s. 973.09 and the conditions of probation require the person to do at least one of the following:

AB366-ASA1,3,25 1. Follow a pharmacological treatment plan that includes, unless contraindicated, taking naltrexone, its drug product equivalent, or another pharmacological agent that is approved by the federal drug administration for the treatment of alcohol dependence, and that is administered in a therapeutically appropriate manner and in a therapeutically appropriate dosage for the duration of the period of probation.

AB366-ASA1,4,2 2. Follow a nonpharmacological treatment plan designed to treat alcohol or other drug abuse or dependence.

AB366-ASA1, s. 6 Section 6. 346.65 (2) (cm) of the statutes, as affected by 2009 Wisconsin Act 100, is amended to read:

AB366-ASA1,4,16 346.65 (2) (cm) In 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) equals 3, 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 45 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 14 days. A person may be sentenced under this paragraph or under par. (bm) or (dm) or sub. (2j) (bm), (cm), or (cr) or (3r) once in his or her lifetime.

AB366-ASA1, s. 7 Section 7. 346.65 (2) (cr) of the statutes is created to read:

AB366-ASA1,5,2 346.65 (2) (cr) 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) equals 3, 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 45 days, except that the period of imprisonment shall be not less than 14 days if the court places the person on probation under s. 973.09 and the conditions of probation require the person to do at least one of the following:

AB366-ASA1,5,8 1. Follow a pharmacological treatment plan that includes, unless contraindicated, taking naltrexone, its drug product equivalent, or another pharmacological agent that is approved by the federal drug administration for the treatment of alcohol dependence, and that is administered in a therapeutically appropriate manner and in a therapeutically appropriate dosage for the duration of the period of probation.

AB366-ASA1,5,10 2. Follow a nonpharmacological treatment plan designed to treat alcohol or other drug abuse or dependence.

AB366-ASA1, s. 8 Section 8. 346.65 (2) (dm) of the statutes, as created by 2009 Wisconsin Act 100, is amended to read:

AB366-ASA1,5,24 346.65 (2) (dm) In 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) equals 4, and par. (am) 4m. does not apply, 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) 4., but the period of imprisonment shall be not less than 60 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 29 days. A person may be sentenced under this paragraph or under par. (bm) or (cm) or sub. (2j) (bm), (cm), or (cr) or (3r) once in his or her lifetime.

AB366-ASA1, s. 9 Section 9. 346.65 (2) (dr) of the statutes is created to read:

AB366-ASA1,6,9 346.65 (2) (dr) 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) equals 4, and par. (am) 4m. does not apply, 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) 4., but the period of imprisonment shall be not less than 60 days, except that the period of imprisonment shall be not less than 29 days if the court places the person on probation under s. 973.09 and the conditions of probation require the person to do at least one of the following:

AB366-ASA1,6,15 1. Follow a pharmacological treatment plan that includes, unless contraindicated, taking naltrexone, its drug product equivalent, or another pharmacological agent that is approved by the federal drug administration for the treatment of alcohol dependence, and that is administered in a therapeutically appropriate manner and in a therapeutically appropriate dosage for the duration of the period of probation.

AB366-ASA1,6,17 2. Follow a nonpharmacological treatment plan designed to treat alcohol or other drug abuse or dependence.

AB366-ASA1, s. 10 Section 10. 346.65 (2j) (am) 2. of the statutes is amended to read:

AB366-ASA1,6,24 346.65 (2j) (am) 2. Except as provided in pars. (bm) , (br) and (d), shall be fined not less than $300 nor more than $1,000 and imprisoned for not less than 5 days nor more than 6 months if the number of prior convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other convictions, suspension suspensions, and revocations counted under s. 343.307 (2) within a 10-year period, equals 2.

AB366-ASA1, s. 11 Section 11. 346.65 (2j) (am) 3. of the statutes, as affected by 2009 Wisconsin Act 100, is amended to read:

AB366-ASA1,7,8 346.65 (2j) (am) 3. Except as provided in pars. (cm) , (cp), (cr), (cu), and (d), shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 45 days nor more than one year in the county jail if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other convictions, suspensions, and revocations counted under s. 343.307 (2), equals 3 or more.

AB366-ASA1, s. 12 Section 12. 346.65 (2j) (bm) of the statutes, as affected by 2009 Wisconsin Act 100, is amended to read:

AB366-ASA1,7,22 346.65 (2j) (bm) In 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 (cr) or sub. (2) (bm), (cm), or (dm) or (3r) once in his or her lifetime.

AB366-ASA1, s. 13 Section 13. 346.65 (2j) (br) of the statutes is created to read:

AB366-ASA1,8,7 346.65 (2j) (br) 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 the period of imprisonment shall be not less than 5 nor more than 7 days if the court places the person on probation under s. 973.09 and the conditions of probation require the person to do at least one of the following:

AB366-ASA1,8,13 1. Follow a pharmacological treatment plan that includes, unless contraindicated, taking naltrexone, its drug product equivalent, or another pharmacological agent that is approved by the federal drug administration for the treatment of alcohol dependence, and that is administered in a therapeutically appropriate manner and in a therapeutically appropriate dosage for the duration of the period of probation.

AB366-ASA1,8,15 2. Follow a nonpharmacological treatment plan designed to treat alcohol or other drug abuse or dependence.

AB366-ASA1, s. 14 Section 14. 346.65 (2j) (cm) of the statutes, as affected by 2009 Wisconsin Act 100, is amended to read:

AB366-ASA1,9,4 346.65 (2j) (cm) In 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) equals 3, 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 45 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 14 days. A person may be sentenced under this paragraph or under par. (bm) or (cr) or sub. (2) (bm), (cm), or (dm) or (3r) once in his or her lifetime.

AB366-ASA1, s. 15 Section 15. 346.65 (2j) (cp) of the statutes is created to read:

AB366-ASA1,9,14 346.65 (2j) (cp) 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) equals 3, 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 45 days, except that the period of imprisonment shall be not less than 14 days if the court places the person on probation under s. 973.09 and the conditions of probation require the person to do at least one of the following:

AB366-ASA1,9,20 1. Follow a pharmacological treatment plan that includes, unless contraindicated, taking naltrexone, its drug product equivalent, or another pharmacological agent that is approved by the federal drug administration for the treatment of alcohol dependence, and that is administered in a therapeutically appropriate manner and in a therapeutically appropriate dosage for the duration of the period of probation.

AB366-ASA1,9,22 2. Follow a nonpharmacological treatment plan designed to treat alcohol or other drug abuse or dependence.

AB366-ASA1, s. 16 Section 16. 346.65 (2j) (cr) of the statutes, as created by 2009 Wisconsin Act 100, is amended to read:

AB366-ASA1,9,25 346.65 (2j) (cr) In 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) equals 4, and sub. (2) (am) 4m. does not apply, 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 60 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 29 days. A person may be sentenced under this paragraph or under par. (bm) or (cm) or sub. (2) (bm), (cm), or (dm) or (3r) once in his or her lifetime.

AB366-ASA1, s. 17 Section 17. 346.65 (2j) (cu) of the statutes is created to read:

AB366-ASA1,10,22 346.65 (2j) (cu) 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) equals 4, and sub. (2) (am) 4m. does not apply, 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 60 days, except that the period of imprisonment shall be not less than 29 days if the court places the person on probation under s. 973.09 and the conditions of probation require the person to do at least one of the following:

AB366-ASA1,11,3 1. Follow a pharmacological treatment plan that includes, unless contraindicated, taking naltrexone, its drug product equivalent, or another pharmacological agent that is approved by the federal drug administration for the treatment of alcohol dependence, and that is administered in a therapeutically appropriate manner and in a therapeutically appropriate dosage for the duration of the period of probation.

AB366-ASA1,11,5 2. Follow a nonpharmacological treatment plan designed to treat alcohol or other drug abuse or dependence.

AB366-ASA1, s. 18 Section 18. 346.65 (2x) of the statutes is created to read:

AB366-ASA1,11,8 346.65 (2x) A person may be sentenced under sub. (2) (bm), (br), (cm), (cr), (dm), or (dr), (2j) (bm), (br), (cm), (cp), (cr), or (cu), or (3r) once in his or her lifetime.

AB366-ASA1, s. 19 Section 19. 346.65 (3r) of the statutes, as affected by 2009 Wisconsin Act 100, is amended to read:

AB366-ASA1,11,23 346.65 (3r) In 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).

AB366-ASA1, s. 20 Section 20. Initial applicability.

AB366-ASA1,12,6 (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.

AB366-ASA1, s. 21 Section 21. Effective date.

AB366-ASA1,12,8 (1) This act takes effect on July 1, 2010.

AB366-ASA1,12,9 (End)