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2015 - 2016 LEGISLATURE
SENATE AMENDMENT 1,
TO SENATE BILL 667
February 16, 2016 - Offered by Senator Gudex.
SB667-SA1,1,95
165.957
(3) (a) A standard for frequent testing for the use of alcohol or a
6controlled substance that is an alternative to the testing described in sub. (4) (b) 1.
7This paragraph does not apply to testing required pursuant to an order under s.
8343.301 (1g) (am) 2. that a court imposes on a person who meets the criteria under
9s. 343.301 (1g) (a) 2. b.
SB667-SA1,2,512
165.957
(4) (a) 1. The person is ordered by a judge or by the department of
13corrections as a condition of
bond, release under s. 969.01 (1), probation or deferred
1prosecution, release to parole, or release to extended supervision, to
refrain totally
2abstain from using alcohol or a controlled substance, and whose participation in the
3program is ordered by the judge or by the department of corrections as a condition
4of
bond, release under s. 969.01 (1), probation, release to parole, or release to
5extended supervision.
SB667-SA1,2,168
165.957
(4) (a) 2. The person agrees to
refrain totally abstain from using alcohol
9or a controlled substance while he or she is
released on bond, on release under s.
10969.01 (1), on probation, participating in a deferred prosecution agreement, or on
11parole or extended supervision and
volunteers
agrees to participate in the program
12even though his or her participation is not ordered by a judge or by the department
13of corrections as a condition of
bond, release pursuant to s. 969.01 (1), probation or
14deferred prosecution
, or release to parole or to extended supervision.
This
15subdivision does not apply to any person who meets the criteria under s. 343.301 (1g)
16(a) 2. b. and who is subject to an order under s. 343.301 (1g) (am) 2.
SB667-SA1,2,2219
165.957
(4) (b) 1. Except as provided in subd. 2.
or 2m., the program requires
20participants to be tested for the use of alcohol at least twice daily, at approximately
2112-hour intervals, or for the use of a controlled substance as frequently as
22practicable.
SB667-SA1,3,6
1165.957
(4) (b) 2. If the standard for frequent testing described in subd. 1.
2creates an unreasonable hardship for the county administering the program, the
3program may utilize the standard established by the department of justice under
4sub. (3) (a).
This subdivision does not apply to any person who meets the criteria
5under s. 343.301 (1g) (a) 2. b. and who is subject to an order under s. 343.301 (1g) (am)
62.
SB667-SA1,1n
7Section 1n. 165.957 (4) (b) 2m. of the statutes is created to read:
SB667-SA1,3,108
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(4) (b) 2m. Any person who meets the criteria under s. 343.301 (1g) (a)
92. b. and who is subject to an order under s. 343.301 (1g) (am) 2. shall be tested as
10required under
23 USC 405 (d) (7) (A) (ii) and regulations adopted thereunder.
SB667-SA1,3,1913
165.957
(4) (c) The program informs a participant that, if he or she fails to
14appear for a scheduled test or if his or her test results indicate that the participant
15used alcohol or a controlled substance, he or she may be placed under immediate
16arrest and referred to the department of corrections and to the appropriate
17prosecuting agency for violating a condition of his or her
bond, release under s. 969.01
18(1), probation or deferred prosecution
, or of his or her release to parole or extended
19supervision.".
SB667-SA1,4,3
26. Page 4, line 13: after "program," insert "or while the person participates in
3the program and for the additional period of time under sub. (2m) (b),".
SB667-SA1,4,10
47. Page 4, line 18: after "device." insert "If the court orders that the person's
5operating privilege for the operation of "Class D" vehicles is restricted to operating
6vehicles that are equipped with an ignition interlock device because of the person's
7completion or non-participation in the program, the court shall indicate on the order
8the date on which the person's operating privilege is so restricted and the time period
9for which the person's operating privilege is so restricted, and shall forward a copy
10of the order to the department of transportation.".
SB667-SA1,4,13
118. Page 5, line 6: after "2." insert "that does not restrict a person's operating
12privilege for the operation of "Class D" vehicles to operating vehicles that are
13equipped with an ignition interlock device while he or she participates in a program".
SB667-SA1,4,23
1510. Page 5, line 12: after "year." insert "If the court enters an order under sub.
16(1g) (am) 2. that restricts a person's operating privilege for the operation of "Class
17D" vehicles to operating vehicles that are equipped with an ignition interlock device
18while he or she participates in a program, the court shall order that the time period
19for which the person's operating privilege is restricted under sub. (1g) (am) 2. equals
20not less than one year nor more than the maximum operating privilege revocation
21period permitted for the refusal or violation, except that if the maximum operating
22privilege revocation period is less than one year, the time period shall equal one
23year.".
SB667-SA1,5,2
111. Page 5, line 16: after "ends" insert "or while the person completes the
2program and for the additional period of time required under this paragraph".
SB667-SA1,5,5
312. Page 5, line 17: delete the material beginning with "his" and ending with
4"ends" on line 18 and substitute "the date on which installation of the ignition
5interlock device is required under the order".