Amendment SA1-SSA1-AB75

AB75-SSA1-SA1,140,17 "(em) 1. When a person is within 90 days of release to extended supervision under par. (e), the department shall notify the sentencing court that it intends to modify the person's sentence and release the person to extended supervision under par. (e), and the court may hold a review hearing. If the court does not schedule a review hearing within 30 days after notification under this subsection, the department may proceed under par. (e).

AB75-SSA1-SA1,140,20 2. a. If the sentencing court opts to conduct a review, it shall hold the hearing and issue an order relating to the person's sentence modification and release to extended supervision within 60 days of its notification under subd. 1.

AB75-SSA1-SA1,141,2 b. At the hearing, the court may consider the person's conduct in prison, his or her level of risk of reoffending, based on a verified, objective instrument, and the nature of the offense committed by the person. The court may accept the department's modification of the person's sentence, reject the department's modification of the person's sentence, or order the person to remain in prison for a period that does not exceed the time remaining on the person's term of confinement.".

AB75-SSA1-SA1,141,3 466. Page 1437, line 7: after that line insert:

AB75-SSA1-SA1,141,4 " Section 2740y. 302.46 (1) (a) of the statutes is amended to read:

AB75-SSA1-SA1,141,18 302.46 (1) (a) If 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), for a financial responsibility violation under s. 344.62 (2), 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), the court, in addition, shall impose a jail surcharge under ch. 814 in an amount of 1 percent of the fine or forfeiture imposed or $10, whichever is greater. If multiple offenses are involved, the court shall determine the jail surcharge on the basis of each fine or forfeiture. If a fine or forfeiture is suspended in whole or in part, the court shall reduce the jail surcharge in proportion to the suspension.".

AB75-SSA1-SA1,141,20 467. Page 1439, line 15: delete the material beginning with ", committed" and ending with "date]," on line 16.

AB75-SSA1-SA1,141,21 468. Page 1440, line 2: after that line insert:

AB75-SSA1-SA1,141,23 "ad. A person sentenced on or after the effective date of this subd. 1. ad. .... [LRB inserts date].".

AB75-SSA1-SA1,141,24 469. Page 1440, line 3: delete "a." and substitute "am.".

AB75-SSA1-SA1,141,25 470. Page 1440, line 11: after that line insert:

AB75-SSA1-SA1,142,3 "g. A person who is serving a sentence for an offense against an elderly or vulnerable person, as defined in s. 939.22 (20d).

AB75-SSA1-SA1,142,5 h. A person who is serving a sentence for an offense related to ethical government, as defined in s. 939.22 (20m).

AB75-SSA1-SA1,142,7 i. A person who is serving a sentence for an offense related to school safety, as defined in s. 939.22 (20s).

AB75-SSA1-SA1,142,8 j. A person who is serving a sentence for a felony murder under s. 940.03.

AB75-SSA1-SA1,142,9 k. A person who is serving a sentence for a violation of s. 940.11 (1).

AB75-SSA1-SA1,142,10 L. A person who is serving a sentence for a violation of s. 940.235 (1).

AB75-SSA1-SA1,142,11 m. A person who is serving a sentence for a violation of s. 940.32 (3).

AB75-SSA1-SA1,142,12 n. A person who is serving a sentence for a violation of s. 941.21.

AB75-SSA1-SA1,142,13 o. A person who is serving a sentence for a violation of s. 946.465.".

AB75-SSA1-SA1,142,15 471. Page 1440, line 12: delete the material beginning with "committed" and ending with "date]," on line 13.

AB75-SSA1-SA1,142,16 472. Page 1440, line 21: after that line insert:

AB75-SSA1-SA1,142,18 "ad. A person sentenced on or after the effective date of this subd. 2. ad. .... [LRB inserts date].".

AB75-SSA1-SA1,142,19 473. Page 1440, line 22: delete "a." and substitute "am.".

AB75-SSA1-SA1,142,20 474. Page 1441, line 4: after that line insert:

AB75-SSA1-SA1,142,22 "f. A person who is serving a sentence for an offense against an elderly or vulnerable person, as defined in s. 939.22 (20d).

AB75-SSA1-SA1,142,24 g. A person who is serving a sentence for an offense related to ethical government, as defined in s. 939.22 (20m).

AB75-SSA1-SA1,143,2 h. A person who is serving a sentence related school safety, as defined in s. 939.22 (20s).

AB75-SSA1-SA1,143,3 i. A person who is serving a sentence for a felony murder under s. 940.03.

AB75-SSA1-SA1,143,4 j. A person who is serving a sentence for a violation of s. 940.06.

AB75-SSA1-SA1,143,5 k. A person who is serving a sentence for a violation of s. 940.302.

AB75-SSA1-SA1,143,6 L. A person who is serving a sentence for a violation of s. 940.31 (1).

AB75-SSA1-SA1,143,7 m. A person who is serving a sentence for a violation of s. 948.03 (2) (a).

AB75-SSA1-SA1,143,8 n. A person who is serving a sentence for a violation of s. 948.40 (4) (a).".

AB75-SSA1-SA1,143,9 475. Page 1450, line 17: delete lines 17 to 21.

AB75-SSA1-SA1,143,10 476. Page 1459, line 23: delete "50" and substitute "10".

AB75-SSA1-SA1,143,11 477. Page 1467, line 1: delete lines 1 to 10.

AB75-SSA1-SA1,143,13 478. Page 1468, line 21: delete the material beginning with that line and ending with page 1473, line 16.

AB75-SSA1-SA1,143,15 479. Page 1477, line 3: delete the material beginning with that line and ending with page 1478, line 15.

AB75-SSA1-SA1,143,16 480. Page 1495, line 5: after that line insert:

AB75-SSA1-SA1,143,17 " Section 2963t. 344.14 (2) (L) of the statutes is created to read:

AB75-SSA1-SA1,143,20 344.14 (2) (L) To the operator or owner involved in an accident if, at the time of the accident, the operator was complying with s. 344.62 (1) or s. 344.63 (1) applies.".

AB75-SSA1-SA1,143,21 481. Page 1495, line 20: after that line insert:

AB75-SSA1-SA1,143,22 " Section 2964e. 344.25 (7) of the statutes is created to read:

AB75-SSA1-SA1,144,2 344.25 (7) At the time of the motor vehicle accident giving rise to the judgment, the person was complying with s. 344.62 (1) or s. 344.63 (1) applies.".

AB75-SSA1-SA1,144,3 482. Page 1496, line 17: after that line insert:

AB75-SSA1-SA1,144,5 " Section 2967r. Subchapter VI of chapter 344 [precedes 344.61] of the statutes is created to read:

AB75-SSA1-SA1,144,6 Chapter 344

AB75-SSA1-SA1,144,8 Subchapter VI MANDATORY LIABILITY INSURANCE

AB75-SSA1-SA1,144,9 344.61 Definitions. In this subchapter:

AB75-SSA1-SA1,144,11 (1) Notwithstanding s. 344.01 (2) (b), "motor vehicle" does not include trailers, semitrailers, and all-terrain vehicles.

AB75-SSA1-SA1,144,13 (2) Notwithstanding s. 344.33 (1), "motor vehicle liability policy" means a motor vehicle policy of liability insurance to which all of the following apply:

AB75-SSA1-SA1,144,17 (a) The policy is issued by an insurer authorized to do a motor vehicle liability business in this state or, if the policy covers a vehicle that was not registered in this state at the time of the policy's effective date, in another state in which the vehicle was registered or the owner or operator of the vehicle resided at that time.

AB75-SSA1-SA1,144,19 (b) The policy is to or for the benefit of the person named in the policy as the insured.

AB75-SSA1-SA1,144,21 (c) The policy satisfies, as of the date of motor vehicle operation, all requirements specified in s. 344.33 (2) and (3).

AB75-SSA1-SA1,145,2 344.62 Motor vehicle liability insurance required. (1) Except as provided in s. 344.63, no person may operate a motor vehicle upon a highway in this state unless the owner or operator of the vehicle has in effect a motor vehicle liability policy with respect to the vehicle being operated.

AB75-SSA1-SA1,145,7 (2) Except as provided in s. 344.63, no person may operate a motor vehicle upon a highway in this state unless the person, while operating the vehicle, has in his or her immediate possession proof that he or she is in compliance with sub. (1). The operator of the motor vehicle shall display the proof required under this subsection upon demand from any traffic officer.

AB75-SSA1-SA1,145,9 (3) Nothing in this subchapter prohibits a person who violates this section from also being subject to any provision in subchs. I to IV of this chapter.

AB75-SSA1-SA1,145,12 344.63 Exceptions to motor vehicle liability insurance requirement. (1) A person operating a motor vehicle is not subject to s. 344.62 if any of the following apply:

AB75-SSA1-SA1,145,16 (a) The owner or operator of the motor vehicle has in effect a bond with respect to the vehicle that meets the requirements under s. 344.36 (1), including the filing of the bond with the secretary, and the vehicle is being operated with the permission of the person who filed the bond.

AB75-SSA1-SA1,145,18 (b) The motor vehicle is insured as required by s. 121.53, 194.41, or 194.42 and the vehicle is being operated by the owner or with the owner's permission.

AB75-SSA1-SA1,145,21 (c) The motor vehicle is owned by a self-insurer holding a valid certificate of self-insurance under s. 344.16, the self-insurer has made an agreement described in s. 344.30 (4), and the vehicle is being operated with the owner's permission.

AB75-SSA1-SA1,145,24 (d) The owner or operator of the motor vehicle has made a deposit of cash or securities meeting the requirements specified in s. 344.37 (1) and the vehicle is being operated by or with the permission of the person who made the deposit.

AB75-SSA1-SA1,145,25 (e) The motor vehicle is subject to s. 344.51, 344.52, or 344.55.

AB75-SSA1-SA1,146,3 (f) The motor vehicle is owned by or leased to the United States, this or another state, or any county or municipality of this or another state, and the vehicle is being operated with the owner's or lessee's permission.

AB75-SSA1-SA1,146,5 (2) (a) The provisions of ss. 344.34 and 344.36 (2) and (3) shall apply with respect to a bond filed with the secretary under sub. (1) (a).

AB75-SSA1-SA1,146,12 (b) The provisions of s. 344.37 (2) shall apply with respect to a deposit made with the secretary under sub. (1) (d). Any deposit received by the department under sub. (1) (d) shall be maintained in an interest-bearing trust account. All deposits received by the department under sub. (1) (d) shall be held for the benefit of the depositors and potential claimants against the deposits and shall be applied only to the payment of judgments and assignments relating to motor vehicle accidents, following the procedure described in s. 344.20 (2).

AB75-SSA1-SA1,146,16 (3) (a) Except as provided in par. (b), the secretary shall, upon request, consent to the immediate cancellation of any bond filed under sub. (1) (a) or to the return of any deposit of money or securities made under sub. (1) (d) if any of the following apply:

AB75-SSA1-SA1,146,20 1. The owner or operator of a motor vehicle provides proof satisfactory to the department that the owner or operator has in effect a motor vehicle liability policy with respect to the vehicle or provides proof that a different exception under sub. (1) applies with respect to the vehicle.

AB75-SSA1-SA1,146,23 2. The person on whose behalf the bond was filed or deposit made has died, has become permanently incapacitated to operate a motor vehicle, or no longer maintains a valid operator's license.

AB75-SSA1-SA1,146,25 3. The person on whose behalf the bond was filed or deposit made no longer owns any motor vehicle registered with the department.

AB75-SSA1-SA1,147,11 (b) The secretary may not consent to the cancellation of any bond filed under sub. (1) (a) or to the return of any deposit of money or securities made under sub. (1) (d) if any action for damages upon the bond or deposit is then pending or any judgment against the person, for which a claim may be made against the bond or deposit, is then unsatisfied. If a judgment is in excess of the amounts specified in s. 344.33 (2), for purposes of this paragraph the judgment is considered satisfied when payments in the amounts specified in s. 344.33 (2) have been made. An affidavit of the applicant that the applicant satisfies the provisions of this paragraph is sufficient for the department to consent to the cancellation of a bond or to return any deposit, in the absence of evidence in the records of the department contradicting the affidavit.

AB75-SSA1-SA1,147,14 344.64 Fraudulent, false, or invalid proof of insurance. No person may do any of the following for purposes of creating the appearance of satisfying the requirements under s. 344.62 (2):

AB75-SSA1-SA1,147,18 (1) Forge, falsify, counterfeit, or fraudulently alter any proof of insurance, policy of insurance, or other insurance document, or possess any forged, falsified, fictitious, counterfeit, or fraudulently altered proof of insurance, policy of insurance, or other insurance document.

AB75-SSA1-SA1,147,22 (2) Represent that any proof of insurance, policy of insurance, or other insurance document is valid and in effect, knowing or having reason to believe that the proof of insurance, policy of insurance, or other insurance document is not valid or not in effect.

AB75-SSA1-SA1,147,24 344.65 Violations. (1) (a) Any person who violates s. 344.62 (1) may be required to forfeit not more than $500.

AB75-SSA1-SA1,148,2 (b) Except as provided in par. (c), any person who violates s. 344.62 (2) may be required to forfeit $10.

AB75-SSA1-SA1,148,7 (c) No person charged with violating s. 344.62 (2) may be convicted if the person produces proof that he or she was in compliance with s. 344.62 (1) at the time the person was issued a uniform traffic citation for violating s. 344.62 (2). This proof may be produced either at the time of the person's appearance in court in response to the citation or in the office of the traffic officer issuing the citation.

AB75-SSA1-SA1,148,9 (2) Any person who violates s. 344.64 may be required to forfeit not more than $5,000.

AB75-SSA1-SA1,148,16 (3) A traffic officer may not stop or inspect a vehicle solely to determine compliance with s. 344.62 or a local ordinance in conformity therewith. This subsection does not limit the authority of a traffic officer to issue a citation for a violation of s. 344.62 or a local ordinance in conformity therewith observed in the course of a stop or inspection made for other purposes, except that a traffic officer may not take a person into physical custody solely for a violation of s. 344.62 or a local ordinance in conformity therewith.

AB75-SSA1-SA1,148,18 344.66 Rules. The department shall promulgate rules, and prescribe any necessary forms, to implement and administer this subchapter.

AB75-SSA1-SA1,148,21 344.67 Notice. The department shall include with each operator's license issued under ch. 343 notification of the requirements and penalties under this subchapter.".

AB75-SSA1-SA1,148,22 483. Page 1497, line 6: delete lines 6 to 22.

AB75-SSA1-SA1,148,23 484. Page 1503, line 15: delete lines 15 to 20.

AB75-SSA1-SA1,149,3 485. Page 1538, line 1: after "chiropractor" insert "unless the claim for the services related to the copayment, coinsurance, or deductible is reduced by an equal amount".

AB75-SSA1-SA1,149,4 486. Page 1538, line 5: delete "and" and substitute "or".

AB75-SSA1-SA1,149,5 487. Page 1550, line 9: delete lines 9 to 12.

AB75-SSA1-SA1,149,6 488. Page 1555, line 12: delete lines 12 to 15.

AB75-SSA1-SA1,149,7 489. Page 1556, line 20: delete lines 20 to 23.