AB250: Bill Text

LRB-1883/2

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1995 - 1996 LEGISLATURE

1995 Assembly BILL 250

March 23, 1995 - Introduced by Representatives Cullen, Foti, Grobschmidt, Ward, Plache, Bock, Williams, Otte, Hanson, Travis, Black, F. Lasee, Turner, La Fave, Hahn, R. Young, Robson, Dobyns, Ziegelbauer, Wirch, Huber, Carpenter, Krug, Kaufert, Grothman, Green, Ott, Walker and Urban, cosponsored by Senators Rude and Burke. Referred to Committee on Judiciary.

AB250,1,5 An Act to renumber 343.305 (10m), 346.65 (6) (a) 1., 940.09 (1d) and 940.25 (1d); and to create 343.305 (4) (am), 343.305 (4) (bd), 343.305 (10m) (a), 346.65 (6) (a) 1d., 940.09 (1d) (a) and 940.25 (1d) (a) of the statutes; relating to: the installation of an ignition interlock device in cases involving intoxicated operation of a vehicle.

Analysis by the Legislative Reference Bureau

Under current law, if a person is convicted of operating a motor vehicle while under the influence of an intoxicant or controlled substance (OWI), including the improper refusal to submit to a test to determine if he or she operated a motor vehicle while having a prohibited blood alcohol level, and the person has 2 or more prior OWI-related suspensions, convictions or revocations within a 10-year period, a vehicle owned by that person may be seized and subject to forfeiture. This bill allows a court to order that a vehicle owned by a person convicted of an OWI offense who has one or more prior OWI related suspensions, convictions or revocations within a 10-year period be equipped with an ignition interlock device.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB250, s. 1 Section 1. 343.305 (4) (am) of the statutes is created to read:

AB250,2,5 343.305 (4) (am) If testing is refused, a motor vehicle owned by the person may be equipped with an ignition interlock device if the person has one or more prior suspensions, revocations or convictions within a 10-year period that would be counted under s. 343.307 (1) and the person's operating privilege will be revoked under this section;

AB250, s. 2 Section 2. 343.305 (4) (bd) of the statutes is created to read:

AB250,2,13 343.305 (4) (bd) If one or more tests are taken and the results of any test indicate that the person has a prohibited alcohol concentration and was driving or operating a motor vehicle, the person will be subject to penalties, the person's operating privilege will be suspended under this section and a motor vehicle owned by the person may be equipped with an ignition interlock device if the person has one prior conviction, suspension or revocation within a 10-year period that would be counted under s. 343.307 (1);

AB250, s. 3 Section 3. 343.305 (10m) of the statutes is renumbered 343.305 (10m) (b).

AB250, s. 4 Section 4. 343.305 (10m) (a) of the statutes is created to read:

AB250,2,20 343.305 (10m) (a) If the person whose operating privilege is revoked under sub. (10) has one prior conviction, suspension or revocation, as counted under s. 343.307 (1) within a 10-year period, the procedure under s. 346.65 (6) shall be followed regarding the equipping of a motor vehicle owned by the person with an ignition interlock device.

AB250, s. 5 Section 5. 346.65 (6) (a) 1. of the statutes is renumbered 346.65 (6) (a) 1g.

AB250, s. 6 Section 6. 346.65 (6) (a) 1d. of the statutes is created to read:

AB250,3,5 346.65 (6) (a) 1d. Except as provided in this paragraph, the court may order a law enforcement officer to equip with an ignition interlock device a motor vehicle owned by the person whose operating privilege is revoked under s. 343.305 (10) or who committed a violation of s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09 (1) (a) or (b) or 940.25 (1) (a) or (b) if the person whose operating privilege is revoked under s. 343.305 (10) or who is convicted of the violation has one prior suspension, revocation or conviction within a 10-year period that would be counted under s. 343.307 (1).

AB250, s. 7 Section 7. 940.09 (1d) of the statutes is renumbered 940.09 (1d) (b).

AB250, s. 8 Section 8. 940.09 (1d) (a) of the statutes is created to read:

AB250,3,11 940.09 (1d) (a) If the person who committed an offense under sub. (1) (a) or (b) has one prior conviction, suspension or revocation in a 10-year period, as counted under s. 343.307 (1), the procedure under s. 346.65 (6) may be followed regarding the equipping of a motor vehicle owned by the person with an ignition interlock device.

AB250, s. 9 Section 9. 940.25 (1d) of the statutes is renumbered 940.25 (1d) (b).

AB250, s. 10 Section 10. 940.25 (1d) (a) of the statutes is created to read:

AB250,3,17 940.25 (1d) (a) If the person who committed the offense under sub. (1) (a) or (b) has one prior conviction, suspension or revocation in a 10-year period, as counted under s. 343.307 (1), the procedure under s. 346.65 (6) may be followed regarding the equipping of a motor vehicle owned by the person with an ignition interlock device.

AB250, s. 11 Section 11. Initial applicability.

AB250,3,22 (1) This act first applies to violations committed on the effective date of this subsection, but does not preclude the counting of prior suspensions, revocations or convictions by a court taking action that affects a vehicle owned by the person who committed the violation.

AB250,3,23 (End)