Amendment SSA2-SB66

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 (this act), is repealed and recreated to read: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)