Amendment AA2-AB839

2015 - 2016 LEGISLATURE

ASSEMBLY AMENDMENT 2, TO ASSEMBLY BILL 839

February 16, 2016 - Offered by Representative Schraa.

AB839-AA2,1,1 At the locations indicated, amend the bill as follows:

AB839-AA2,1,2 1. Page 2, line 1: before that line insert:

AB839-AA2,1,4 " Section 1c. 165.957 (3) (a) of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB839-AA2,1,9 165.957 (3) (a) A standard for frequent testing for the use of alcohol or a controlled substance that is an alternative to the testing described in sub. (4) (b) 1. This paragraph does not apply to testing required pursuant to an order under s. 343.301 (1g) (am) 2. that a court imposes on a person who meets the criteria under s. 343.301 (1g) (a) 2. b.

AB839-AA2,1d Section 1d. 165.957 (4) (a) 1. of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB839-AA2,2,5 165.957 (4) (a) 1. The person is ordered by a judge or by the department of corrections as a condition of bond, release under s. 969.01 (1), probation or deferred prosecution, release to parole, or release to extended supervision, to refrain totally abstain from using alcohol or a controlled substance, and whose participation in the program is ordered by the judge or by the department of corrections as a condition of bond, release under s. 969.01 (1), probation, release to parole, or release to extended supervision.

AB839-AA2,1k Section 1k. 165.957 (4) (a) 2. of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB839-AA2,2,16 165.957 (4) (a) 2. The person agrees to refrain totally abstain from using alcohol or a controlled substance while he or she is released on bond, on release under s. 969.01 (1), on probation, participating in a deferred prosecution agreement, or on parole or extended supervision and volunteers agrees to participate in the program even though his or her participation is not ordered by a judge or by the department of corrections as a condition of bond, release pursuant to s. 969.01 (1), probation or deferred prosecution, or release to parole or to extended supervision. This subdivision does not apply to any person who meets the criteria under s. 343.301 (1g) (a) 2. b. and who is subject to an order under s. 343.301 (1g) (am) 2.

AB839-AA2,1L Section 1L. 165.957 (4) (b) 1. of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB839-AA2,2,22 165.957 (4) (b) 1. Except as provided in subd. 2. or 2m., the program requires participants to be tested for the use of alcohol at least twice daily, at approximately 12-hour intervals, or for the use of a controlled substance as frequently as practicable.

AB839-AA2,1m Section 1m. 165.957 (4) (b) 2. of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB839-AA2,3,6 165.957 (4) (b) 2. If the standard for frequent testing described in subd. 1. creates an unreasonable hardship for the county administering the program, the program may utilize the standard established by the department of justice under sub. (3) (a). This subdivision does not apply to any person who meets the criteria under s. 343.301 (1g) (a) 2. b. and who is subject to an order under s. 343.301 (1g) (am) 2.

AB839-AA2,1n Section 1n. 165.957 (4) (b) 2m. of the statutes is created to read:

AB839-AA2,3,10 165.957 (4) (b) 2m. Any person who meets the criteria under s. 343.301 (1g) (a) 2. b. and who is subject to an order under s. 343.301 (1g) (am) 2. shall be tested as required under 23 USC 405 (d) (7) (A) (ii) and regulations adopted thereunder.

AB839-AA2,1p Section 1p. 165.957 (4) (c) of the statutes, as created by 2015 Wisconsin Act 55, is amended to read:

AB839-AA2,3,19 165.957 (4) (c) The program informs a participant that, if he or she fails to appear for a scheduled test or if his or her test results indicate that the participant used alcohol or a controlled substance, he or she may be placed under immediate arrest and referred to the department of corrections and to the appropriate prosecuting agency for violating a condition of his or her bond, release under s. 969.01 (1), probation or deferred prosecution, or of his or her release to parole or extended supervision.".

AB839-AA2,3,21 2. Page 2, line 18: after " order" insert ", unless he or she is also subject to an order under s. 343.301 (1g) (am) 1.".

AB839-AA2,3,23 3. Page 3, line 18: after " order" insert ", unless he or she is also subject to an order under s. 343.301 (1g) (am) 1.".

AB839-AA2,3,24 4. Page 4, line 4: after "one" insert "or more".

AB839-AA2,4,1 5. Page 4, line 11: after "(7) (A)" insert "and regulations adopted thereunder".

AB839-AA2,4,2 6. Page 4, line 12: delete "the court shall order that".

AB839-AA2,4,3 7. Page 4, line 13: after "program," insert "the court shall order that".

AB839-AA2,4,5 8. Page 4, line 15: after "device" insert ", shall specify the duration of the order,".

AB839-AA2,4,8 9. Page 4, line 15: delete the material beginning with "and, except as provided" and ending with "in sub. (1m), shall" on line 16 and substitute "shall, except as provided in sub. (1m),".

AB839-AA2,4,10 10. Page 4, line 18: after "device" insert ", and shall notify the department of such order".

AB839-AA2,4,13 11. Page 5, line 6: after "2." insert "that does not restrict a person's operating privilege for the operation of "Class D" vehicles to operating vehicles that are equipped with an ignition interlock device while he or she participates in a program".

AB839-AA2,4,14 12. Page 5, line 7: delete "a person" and substitute "the person".

AB839-AA2,4,18 13. Page 5, line 16: after "ends" insert "or while the person completes the program and for the additional period of time required under this paragraph, and shall notify the department of the date the person's participation ended and the duration of the order restricting the operating privilege".

AB839-AA2,4,21 14. Page 5, line 17: delete the material beginning with "his" and ending with "ends" on line 18 and substitute "the date on which installation of the ignition interlock device is required under the order".

AB839-AA2,4,22 (End)