Amendment SSA2-SB66

SB66-SSA2,27,2 346.65 (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.

SB66-SSA2, s. 60 Section 60. 346.65 (3r) of the statutes is amended to read:

SB66-SSA2,27,17 346.65 (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).

SB66-SSA2, s. 61 Section 61. 346.65 (6) of the statutes is repealed.

SB66-SSA2, s. 62 Section 62. 346.65 (7) of the statutes is amended to read:

SB66-SSA2,27,22 346.65 (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.

SB66-SSA2, s. 63 Section 63. 346.65 (8) of the statutes is repealed.

SB66-SSA2, s. 64 Section 64. 346.655 (1) of the statutes is amended to read:

SB66-SSA2,28,8 346.655 (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.

SB66-SSA2, s. 65 Section 65. 347.413 (title) and (1) of the statutes are amended to read:

SB66-SSA2,28,17 347.413 (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.

SB66-SSA2, s. 66 Section 66. 347.417 (1) of the statutes is amended to read:

SB66-SSA2,28,23 347.417 (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.

SB66-SSA2, s. 67 Section 67. 347.417 (2) of the statutes is amended to read:

SB66-SSA2,29,5 347.417 (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.

SB66-SSA2, s. 68 Section 68. 347.50 (1s) of the statutes is amended to read:

SB66-SSA2,29,11 347.50 (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.

SB66-SSA2, s. 69 Section 69. 347.50 (1t) of the statutes is created to read:

SB66-SSA2,29,15 347.50 (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 (1g) or (2m) for 6 months for each violation.

SB66-SSA2, s. 70 Section 70. 757.05 (1) (a) of the statutes is amended to read:

SB66-SSA2,30,4 757.05 (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.

SB66-SSA2, s. 71 Section 71. 814.60 (1) of the statutes is amended to read:

SB66-SSA2,30,11 814.60 (1) In a criminal action, the clerk of circuit court shall collect a fee of $20 $163 for all necessary filing, entering, or recording, to be paid by the defendant when judgment is entered against the defendant. Of the fees received by the clerk of circuit court under this subsection, the county treasurer shall pay 50% 93.87 percent to the secretary of administration for deposit in the general fund and shall retain the balance for the use of the county.

SB66-SSA2, s. 72 Section 72. 814.63 (1) (c) of the statutes is amended to read:

SB66-SSA2,30,18 814.63 (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).

SB66-SSA2, s. 73 Section 73. 814.63 (2) of the statutes is amended to read:

SB66-SSA2,31,3 814.63 (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.

SB66-SSA2, s. 74 Section 74. 814.65 (1) of the statutes is amended to read:

SB66-SSA2,31,15 814.65 (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.

SB66-SSA2, s. 75 Section 75. 814.65 (1) of the statutes, as affected by 2009 Wisconsin Acts 28 and .... (this act), is repealed and recreated to read:

SB66-SSA2,32,2 814.65 (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.

SB66-SSA2, s. 76 Section 76. 814.75 (9m) of the statutes is created to read:

SB66-SSA2,32,4 814.75 (9m) The ignition interlock surcharge under s. 343.301 (5).

SB66-SSA2, s. 77 Section 77. 814.76 (7m) of the statutes is created to read:

SB66-SSA2,32,6 814.76 (7m) The ignition interlock surcharge under s. 343.301 (5).

SB66-SSA2, s. 78 Section 78. 814.78 (7m) of the statutes is created to read:

SB66-SSA2,32,8 814.78 (7m) The ignition interlock surcharge under s. 343.301 (5).

SB66-SSA2, s. 79 Section 79. 814.79 (4r) of the statutes is created to read:

SB66-SSA2,32,10 814.79 (4r) The ignition interlock surcharge under s. 343.301 (5).

SB66-SSA2, s. 80 Section 80. 814.85 (1) (a) of the statutes is amended to read:

SB66-SSA2,32,19 814.85 (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).

SB66-SSA2, s. 81 Section 81. 814.85 (1) (a) of the statutes, as affected by 2009 Wisconsin Acts 28 and .... (this act), is repealed and recreated to read:

SB66-SSA2,33,2 814.85 (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).

SB66-SSA2, s. 82 Section 82. 814.86 (1) of the statutes, as affected by 2009 Wisconsin Act 28, section 3240, is amended to read:

SB66-SSA2,33,13 814.86 (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).

SB66-SSA2, s. 83 Section 83. 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:

SB66-SSA2,33,23 814.86 (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).

SB66-SSA2, s. 84 Section 84. 940.09 (1d) of the statutes is repealed and recreated to read:

SB66-SSA2,34,2 940.09 (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.

SB66-SSA2, s. 85 Section 85. 940.25 (1d) of the statutes is repealed and recreated to read:

SB66-SSA2,34,5 940.25 (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.

SB66-SSA2, s. 86 Section 86. 969.01 (2) (a) of the statutes is amended to read:

SB66-SSA2,34,11 969.01 (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 conviction for a 3rd or subsequent violation that is counted as a suspension, revocation, or conviction under s. 343.307, or under s. 940.09 (1) or 940.25 in the person's lifetime, or a combination thereof.

SB66-SSA2, s. 87 Section 87. 973.05 (2m) (rm) of the statutes is created to read:

SB66-SSA2,34,14 973.05 (2m) (rm) To the payment of the ignition interlock surcharge under s. 343.301 (5) until paid in full.

SB66-SSA2, s. 88 Section 88. 973.09 (1) (d) (intro.) of the statutes is renumbered 973.09 (1) (d) and amended to read:

SB66-SSA2,34,23 973.09 (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:

SB66-SSA2, s. 89 Section 89. 973.09 (1) (d) 1. of the statutes is repealed.

SB66-SSA2, s. 90 Section 90. 973.09 (1) (d) 2. of the statutes is repealed.

SB66-SSA2, s. 91 Section 91. 973.09 (1) (d) 3. of the statutes is repealed.

SB66-SSA2, s. 92 Section 92. 973.09 (2) (am) of the statutes is created to read:

SB66-SSA2,35,5 973.09 (2) (am) Notwithstanding par. (a) 1. d., and except as provided in par. (a) 2., for a misdemeanor punishable under s. 346.65 (2) (am) 4., not less than 6 months nor more than 3 years.

SB66-SSA2, s. 93 Section 93. 973.15 (8) (a) 3. of the statutes is amended to read:

SB66-SSA2,35,11 973.15 (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 sentence is for a 3rd or subsequent violation that is counted as a suspension, revocation, or conviction under s. 343.307, or a violation of s. 940.09 (1) or 940.25 in the person's lifetime, or a combination thereof.

SB66-SSA2, s. 94 Section 94 . Nonstatutory provisions.

SB66-SSA2,35,25 (1) The department of administration, on behalf of and with the assistance of the state public defender, district attorneys, the department of justice, and the department of corrections, shall, not later than 60 days after the effective date of this subsection, submit to the joint committee on finance a request for funding for a proposed number of created positions and a request for funding necessary to process offenses related 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 that renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree that renders him or her incapable of safely driving or operating a motor vehicle with a prohibited alcohol concentration or a detectable amount of a restricted controlled substance in his or her blood.

SB66-SSA2, s. 95 Section 95 . Fiscal changes.

SB66-SSA2,36,6 (1) In the schedule under section 20.005 (3) of the statutes for the appropriation to the joint committee on finance under section 20.865 (4) (a) of the statutes, as affected by the acts of 2009, the dollar amount is increased by $15,400,000 for the second fiscal year of the fiscal biennium in which this subsection takes effect to fund increased state costs associated with this act.

SB66-SSA2, s. 96 Section 96. Initial applicability.

SB66-SSA2,36,13 (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.

SB66-SSA2, s. 97 Section 97. Effective dates. This act takes effect on first day of the 3rd month beginning after publication, except as follows:

SB66-SSA2,36,19 (1) The repeal and recreation of sections 343.10 (2) (a) (intro.) and 343.23 (2) (b) of the statutes takes effect on the day 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.

SB66-SSA2,36,23 (2) The repeal of section 346.65 (8) of the statutes, the amendment of section 346.65 (2) (bm) and (cm), (2j) (bm) and (cm), and (3r) of the statutes, and the creation of sections 346.65 (2) (dm) and (2j) (cr) of the statutes and Sections 94 and 95 of this act take effect on the day after publication.

SB66-SSA2,37,8 (3) The repeal of sections 342.12 (4) (c) 1. b., 343.301 (1) (title) and (a) and (2), and 346.65 (6) of the statutes, the renumbering and amendment of sections 343.301 (1) (c) and (d) of the statutes, the consolidation, renumbering, and amendment of sections 343.301 (1) (b) 1. and 2. 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.) and (5) (a) 3., 343.301 (title), 347.413 (title) and (1), 347.417 (1) and (2), and 347.50 (1s) of the statutes, the repeal and recreation of sections 343.305 (10m), 940.09 (1d), and 940.25 (1d) of the statutes, and the creation of sections 343.10 (2) (f), 343.301 (1g) and (1m), (3) (b), and (5), and 347.50 (1t) of the statutes take effect on the first day of the 9th month beginning after publication.

SB66-SSA2,37,10 (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.

SB66-SSA2,37,11 (End)