AB817, s. 321
4Section
321. Subchapter VII (title) of chapter 161 [precedes 161.61] of the
5statutes is renumbered subchapter VII (title) of chapter 961 [precedes 961.61].
AB817, s. 322
6Section
322. 161.61 of the statutes is renumbered 961.61.
AB817, s. 323
7Section
323. 161.62 of the statutes is renumbered 961.62.
AB817, s. 324
8Section
324. 165.70 (1) (b) of the statutes is amended to read:
AB817,103,119
165.70
(1) (b) Enforce chs.
161 and 945
and 961 and ss. 940.20 (3), 941.25 to
10941.27, 943.01 (2) (c), 943.27, 943.28, 943.30, 944.30, 944.31, 944.32, 944.33, 944.34,
11946.65, 947.02 (3) and (4) and 948.08.
AB817,103,1714
165.72
(3) Reward payment program. The department shall administer a
15reward payment program. Under the program, the department may offer and pay
16rewards from the appropriation under s. 20.455 (2) (e) for information under sub. (2)
17(a) leading to the arrest and conviction of a person for a violation of ch.
161 961.
AB817, s. 326
18Section
326. 165.83 (2) (a) 2. of the statutes is amended to read:
AB817,103,2419
165.83
(2) (a) 2. For an offense which is a misdemeanor or a violation of an
20ordinance involving burglary tools, commercial gambling, dealing in gambling
21devices, contributing to the delinquency of a child, dealing in stolen property,
22controlled substances
or controlled substance analogs under ch.
161 961, firearms,
23dangerous weapons, explosives, pandering, prostitution, sex offenses where children
24are victims, or worthless checks.
AB817, s. 327
25Section
327. 302.11 (1g) (a) 1. of the statutes is amended to read:
AB817,104,2
1302.11
(1g) (a) 1. Any felony under s.
161.41 961.41 (1), (1m) or (1x) if the felony
2is punishable by a maximum prison term of 30 years or more.
AB817, s. 328
3Section
328. 302.11 (1p) of the statutes is amended to read:
AB817,104,64
302.11
(1p) An inmate serving a term subject to s.
161.49 961.49 (2) is entitled
5to mandatory release, except the inmate may not be released before he or she has
6complied with s.
161.49 961.49 (2).
AB817, s. 329
7Section
329. 302.375 (1) (b) of the statutes is amended to read:
AB817,104,98
302.375
(1) (b) Wilfully permits a prisoner to have any controlled substance
,
9controlled substance analog or intoxicating liquor.
AB817, s. 330
10Section
330. 302.375 (4) (a) of the statutes is amended to read:
AB817,104,1211
302.375
(4) (a) "Controlled substance" has the meaning
designated for the term 12given in s.
161.01 961.01 (4).
AB817, s. 331
13Section
331. 302.375 (4) (am) of the statutes is created to read:
AB817,104,1514
302.375
(4) (am) "Controlled substance analog" has the meaning given in s.
15961.01 (4m).
AB817,105,718
304.06
(1) (b) Except as provided in sub. (1m) or s.
161.49 (2), 302.045 (3)
,
19961.49 (2) or 973.0135, the parole commission may parole an inmate of the Wisconsin
20state prisons or any felon or any person serving at least one year or more in a county
21house of correction or a county reforestation camp organized under s. 303.07, when
22he or she has served 25% of the sentence imposed for the offense, or 6 months,
23whichever is greater. Except as provided in s. 939.62 (2m) or 973.014, the parole
24commission may parole an inmate serving a life term when he or she has served 20
25years, as modified by the formula under s. 302.11 (1) and subject to extension using
1the formulas under s. 302.11 (2). The person serving the life term shall be given
2credit for time served prior to sentencing under s. 973.155, including good time under
3s. 973.155 (4). The secretary may grant special action parole releases under s.
4304.02. The department or the parole commission shall not provide any convicted
5offender or other person sentenced to the department's custody any parole eligibility
6or evaluation until the person has been confined at least 60 days following
7sentencing.
AB817, s. 333
8Section
333. 304.06 (1) (b) of the statutes, as affected by 1995 Wisconsin Acts
977 and .... (this act), is repealed and recreated to read:
AB817,105,2510
304.06
(1) (b) Except as provided in sub. (1m) or s. 302.045 (3), 961.49 (2) or
11973.0135, the parole commission may parole an inmate of the Wisconsin state
12prisons or any felon or any person serving at least one year or more in a county house
13of correction or a county reforestation camp organized under s. 303.07, when he or
14she has served 25% of the sentence imposed for the offense, or 6 months, whichever
15is greater. The parole commission may parole a participant in the serious juvenile
16offender program under s. 938.538 when he or she has participated in that program
17for 2 years. Except as provided in s. 939.62 (2m) or 973.014, the parole commission
18may parole an inmate serving a life term when he or she has served 20 years, as
19modified by the formula under s. 302.11 (1) and subject to extension using the
20formulas under s. 302.11 (2). The person serving the life term shall be given credit
21for time served prior to sentencing under s. 973.155, including good time under s.
22973.155 (4). The secretary may grant special action parole releases under s. 304.02.
23The department or the parole commission shall not provide any convicted offender
24or other person sentenced to the department's custody any parole eligibility or
25evaluation until the person has been confined at least 60 days following sentencing.
AB817, s. 334
1Section
334. 304.06 (4) (a) of the statutes is amended to read:
AB817,106,152
304.06
(4) (a) If any person convicted of a misdemeanor or traffic offense, any
3person convicted of a criminal offense and sentenced to 2 years or less in a house of
4correction or any person committed to a house of correction for treatment and
5rehabilitation for addiction to a controlled substance
or controlled substance analog 6under ch.
161 961, during the period of confinement or treatment appears to have
7been rehabilitated or cured to the extent, in the opinion of the superintendent of the
8house of correction or the person in charge of treatment and rehabilitation of a
9prisoner at that institution, that the prisoner may be released, the prisoner may be
10released upon conditional parole. Before a person is released on conditional parole
11under this paragraph, the superintendent or person in charge of treatment and
12rehabilitation shall so notify the municipal police department and county sheriff for
13the area where the person will be residing. The notification requirement does not
14apply if a municipal department or county sheriff submits to the department a
15written statement waiving the right to be notified.
AB817,106,2018
304.071
(2) If a prisoner is not eligible for parole under s.
161.49 (2), 939.62
19(2m),
961.49 (2), 973.014 (1) (c) or 973.032 (5), he or she is not eligible for parole under
20this section.
AB817, s. 336
21Section
336. 340.01 (9m) of the statutes is amended to read:
AB817,106,2322
340.01
(9m) "Controlled substance" has the meaning
specified for the term 23given in s.
161.01 961.01 (4).
AB817, s. 337
24Section
337. 340.01 (9n) of the statutes is created to read:
AB817,107,2
1340.01
(9n) "Controlled substance analog" has the meaning given in s. 961.01
2(4m).
AB817, s. 338
3Section
338. 343.06 (1) (d) of the statutes is amended to read:
AB817,107,104
343.06
(1) (d) To any person whose dependence on alcohol has attained such
5a degree that it interferes with his or her physical or mental health or social or
6economic functioning, or who is addicted to the use of controlled substances
or
7controlled substance analogs, except that the secretary may issue a license if the
8person submits to an examination, evaluation or treatment in a treatment facility
9meeting the standards prescribed in s. 51.45 (8) (a), as directed by the secretary, in
10accordance with s. 343.16 (5).
AB817, s. 339
11Section
339. 343.10 (1) (a) of the statutes is amended to read:
AB817,107,1712
343.10
(1) (a) If a person's license or operating privilege is revoked or
13suspended under this chapter or s.
161.50 961.50 and if the person is engaged in an
14occupation, including homemaking or full-time or part-time study, or a trade
15making it essential that he or she operate a motor vehicle, the person, after payment
16of the fee provided in sub. (6), may file a petition setting forth in detail the need for
17operating a motor vehicle.
AB817, s. 340
18Section
340. 343.10 (5) (a) 1. of the statutes is amended to read:
AB817,108,519
343.10
(5) (a) 1. In addition to any restrictions appearing on the former
20operator's license of the petitioner, the order for issuance of an occupational license
21shall contain definite restrictions as to hours of the day, not to exceed 12, hours per
22week, not to exceed 60, type of occupation and areas or routes of travel which are
23permitted under the license. The order may permit travel to and from church during
24specified hours if the travel does not exceed the restrictions as to hours of the day and
25hours per week in this subdivision. The order may permit travel necessary to comply
1with a driver safety plan ordered under s. 343.30 (1q) or 343.305 if the travel does
2not exceed the restrictions as to hours of the day and hours per week in this
3subdivision. The order may contain restrictions on the use of alcohol and of
4controlled substances
and controlled substance analogs in violation of s.
161.41 5961.41.
AB817, s. 341
6Section
341. 343.10 (5) (b) of the statutes is amended to read:
AB817,108,97
343.10
(5) (b)
Limitations. Occupational licenses are subject to the limitations
8specified in ss.
161.50, 343.30 (1q) (b) and (h), 343.305 (8) (d) and (10) (b) and (em),
9343.31 (3m)
and, 343.32 (1m)
and 961.50.
AB817, s. 342
10Section
342. 343.16 (5) (a) of the statutes is amended to read:
AB817,109,711
343.16
(5) (a) The secretary may require any applicant for a license or any
12licensed operator to submit to a special examination by such persons or agencies as
13the secretary may direct to determine incompetency, physical or mental disability,
14disease or any other condition which might prevent such applicant or licensed person
15from exercising reasonable and ordinary control over a motor vehicle. When the
16department requires the applicant to submit to an examination, the applicant shall
17pay the cost thereof. If the department receives an application for a renewal or
18duplicate license after voluntary surrender under s. 343.265 or receives a report from
19a physician or optometrist under s. 146.82 (3), or if the department has a report of
202 or more arrests within a one-year period for any combination of violations of s.
21346.63 (1) or (5) or a local ordinance in conformity therewith or a law of a federally
22recognized American Indian tribe or band in this state in conformity with s. 346.63
23(1) or (5), or s. 346.63 (1m), 1985 stats., or s. 346.63 (2) or (6) or 940.25, or s. 940.09
24where the offense involved the use of a vehicle, the department shall determine, by
25interview or otherwise, whether the operator should submit to an examination under
1this section. The examination may consist of an assessment. If the examination
2indicates that education or treatment for a disability, disease or condition concerning
3the use of alcohol
or, a controlled substance
or a controlled substance analog is
4appropriate, the department may order a driver safety plan in accordance with s.
5343.30 (1q). If there is noncompliance with assessment or the driver safety plan, the
6department shall suspend the person's operating privilege in the manner specified
7in s. 343.30 (1q) (d).
AB817, s. 343
8Section
343. 343.30 (1q) (c) 1. (intro.) of the statutes is amended to read:
AB817,109,169
343.30
(1q) (c) 1. (intro.) Except as provided in subd. 1. a. or b., the court shall
10order the person to submit to and comply with an assessment by an approved public
11treatment facility as defined in s. 51.45 (2) (c) for examination of the person's use of
12alcohol
or, controlled substances
or controlled substance analogs and development
13of a driver safety plan for the person. The court shall notify the department of
14transportation of the assessment order. The court shall notify the person that
15noncompliance with assessment or the driver safety plan will result in license
16suspension until the person is in compliance. The assessment order shall:
AB817,111,319
343.30
(1q) (d) The assessment report shall order compliance with a driver
20safety plan. The report shall inform the person of the fee provisions under s. 46.03
21(18) (f). The driver safety plan may include a component that makes the person
22aware of the effect of his or her offense on a victim and a victim's family. The driver
23safety plan may include treatment for the person's misuse, abuse or dependence on
24alcohol
or, controlled substances
or controlled substance analogs, or attendance at
25a school under s. 345.60, or both. If the plan requires inpatient treatment, the
1treatment shall not exceed 30 days. A driver safety plan under this paragraph shall
2include a termination date consistent with the plan which shall not extend beyond
3one year. The county department under s. 51.42 shall assure notification of the
4department of transportation and the person of the person's compliance or
5noncompliance with assessment and with treatment. The school under s. 345.60
6shall notify the department, the county department under s. 51.42 and the person
7of the person's compliance or noncompliance with the requirements of the school.
8Nonpayment of the assessment fee or, if the person has the ability to pay,
9nonpayment of the driver safety plan fee is noncompliance with the court order. If
10the department is notified of any noncompliance, it shall suspend the person's
11operating privilege until the county department under s. 51.42 or the school under
12s. 345.60 notifies the department that the person is in compliance with assessment
13or the driver safety plan. The department shall notify the person of the suspension,
14the reason for the suspension and the person's right to a review. A person may
15request a review of a suspension based upon failure to comply with a driver safety
16plan within 10 days of notification. The review shall be handled by the subunit of
17the department of transportation designated by the secretary. The issues at the
18review are limited to whether the driver safety plan, if challenged, is appropriate and
19whether the person is in compliance with the assessment order or the driver safety
20plan. The review shall be conducted within 10 days after a request is received. If the
21driver safety plan is determined to be inappropriate, the department shall order a
22reassessment and if the person is otherwise eligible, the department shall reinstate
23the person's operating privilege. If the person is determined to be in compliance with
24the assessment or driver safety plan, and if the person is otherwise eligible, the
25department shall reinstate the person's operating privilege. If there is no decision
1within the 10-day period, the department shall issue an order reinstating the
2person's operating privilege until the review is completed, unless the delay is at the
3request of the person seeking the review.
AB817, s. 345
4Section
345. 343.30 (5) of the statutes is amended to read:
AB817,111,135
343.30
(5) No court may suspend or revoke an operating privilege except as
6authorized by this chapter or ch. 48, 345 or 351 or s.
161.50 961.50. When a court
7revokes, suspends or restricts a child's operating privilege under ch. 48, the
8department of transportation shall not disclose information concerning or relating
9to the revocation, suspension or restriction to any person other than a court, district
10attorney, county corporation counsel, city, village or town attorney, law enforcement
11agency, or the minor whose operating privilege is revoked, suspended or restricted,
12or his or her parent or guardian. Persons entitled to receive this information shall
13not disclose the information to other persons or agencies.
AB817,111,2416
343.30
(5) No court may suspend or revoke an operating privilege except as
17authorized by this chapter or ch. 345, 351 or 938 or s. 961.50. When a court revokes,
18suspends or restricts a child's operating privilege under ch. 938, the department of
19transportation shall not disclose information concerning or relating to the
20revocation, suspension or restriction to any person other than a court, district
21attorney, county corporation counsel, city, village or town attorney, law enforcement
22agency, or the minor whose operating privilege is revoked, suspended or restricted,
23or his or her parent or guardian. Persons entitled to receive this information shall
24not disclose the information to other persons or agencies.
AB817, s. 347
25Section
347. 343.303 of the statutes is amended to read:
AB817,112,22
1343.303 Preliminary breath screening test. If a law enforcement officer
2has probable cause to believe that the person is violating or has violated s. 346.63 (1)
3or (2m) or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25
4or s. 940.09 where the offense involved the use of a vehicle, or if the officer detects
5any presence of alcohol, a controlled substance
, controlled substance analog or other
6drug, or a combination thereof, on a person driving or operating or on duty time with
7respect to a commercial motor vehicle or has reason to believe that the person is
8violating or has violated s. 346.63 (7) or a local ordinance in conformity therewith,
9the officer, prior to an arrest, may request the person to provide a sample of his or
10her breath for a preliminary breath screening test using a device approved by the
11department for this purpose. The result of this preliminary breath screening test
12may be used by the law enforcement officer for the purpose of deciding whether or
13not the person shall be arrested for a violation of s. 346.63 (1), (2m), (5) or (7) or a local
14ordinance in conformity therewith, or s. 346.63 (2) or (6), 940.09 (1) or 940.25 and
15whether or not to require or request chemical tests as authorized under s. 343.305
16(3). The result of the preliminary breath screening test shall not be admissible in any
17action or proceeding except to show probable cause for an arrest, if the arrest is
18challenged, or to prove that a chemical test was properly required or requested of a
19person under s. 343.305 (3). Following the screening test, additional tests may be
20required or requested of the driver under s. 343.305 (3). The general penalty
21provision under s. 939.61 (1) does not apply to a refusal to take a preliminary breath
22screening test.
AB817, s. 348
23Section
348. 343.305 (2) of the statutes is amended to read:
AB817,113,1224
343.305
(2) Implied consent. Any person who is on duty time with respect to
25a commercial motor vehicle or drives or operates a motor vehicle upon the public
1highways of this state, or in those areas enumerated in s. 346.61, is deemed to have
2given consent to one or more tests of his or her breath, blood or urine, for the purpose
3of determining the presence or quantity in his or her blood or breath, of alcohol,
4controlled substances,
a combination of alcohol and controlled substances, controlled
5substance analogs or other drugs
, or
a any combination of alcohol
and, controlled
6substances, controlled substance analogs and other drugs
, when requested to do so
7by a law enforcement officer under sub. (3) (a) or (am) or when required to do so under
8sub. (3) (b). Any such tests shall be administered upon the request of a law
9enforcement officer. The law enforcement agency by which the officer is employed
10shall be prepared to administer, either at its agency or any other agency or facility,
112 of the 3 tests under sub. (3) (a) or (am), and may designate which of the tests shall
12be administered first.
AB817, s. 349
13Section
349. 343.305 (3) (am) of the statutes is amended to read:
AB817,113,2314
343.305
(3) (am) Prior to arrest, a law enforcement officer may request the
15person to provide one or more samples of his or her breath, blood or urine for the
16purpose specified under sub. (2) whenever a law enforcement officer detects any
17presence of alcohol, a controlled substance
, a controlled substance analog or other
18drug, or a combination thereof, on a person driving or operating or on duty time with
19respect to a commercial motor vehicle or has reason to believe the person is violating
20or has violated s. 346.63 (7). Compliance with a request for one type of sample does
21not bar a subsequent request for a different type of sample. For the purposes of this
22paragraph, "law enforcement officer" includes inspectors in the performance of
23duties under s. 110.07 (3).
AB817, s. 350
24Section
350. 343.305 (3) (b) of the statutes is amended to read:
AB817,114,10
1343.305
(3) (b) A person who is unconscious or otherwise not capable of
2withdrawing consent is presumed not to have withdrawn consent under this
3subsection, and if a law enforcement officer has probable cause to believe that the
4person has violated s. 346.63 (1), (2m) or (5) or a local ordinance in conformity
5therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the
6use of a vehicle, or detects any presence of alcohol, controlled substance
, controlled
7substance analog or other drug, or a combination thereof, on a person driving or
8operating or on duty time with respect to a commercial motor vehicle or has reason
9to believe the person has violated s. 346.63 (7), one or more samples specified in par.
10(a) or (am) may be administered to the person.
AB817, s. 351
11Section
351. 343.305 (5) (b) of the statutes is amended to read:
AB817,114,2012
343.305
(5) (b) Blood may be withdrawn from the person arrested for violation
13of s. 346.63 (1), (2), (2m), (5) or (6) or 940.25, or s. 940.09 where the offense involved
14the use of a vehicle, or a local ordinance in conformity with s. 346.63 (1), (2m) or (5),
15or as provided in sub. (3) (am) or (b) to determine the presence or quantity of alcohol,
16a controlled substance,
a combination of alcohol and a controlled substance, a
17controlled substance analog or any other drug
, or
a any combination of alcohol
and,
18controlled substance, controlled substance analog and any other drug in the blood
19only by a physician, registered nurse, medical technologist, physician assistant or
20person acting under the direction of a physician.
AB817, s. 352
21Section
352. 343.305 (5) (d) of the statutes is amended to read:
AB817,115,1922
343.305
(5) (d) At the trial of any civil or criminal action or proceeding arising
23out of the acts committed by a person alleged to have been driving or operating a
24motor vehicle while under the influence of an intoxicant
or
, a controlled substance
,
25a controlled substance analog or any other drug, or
a under the influence of any
1combination of alcohol
and, a controlled substance,
under the influence of a
2controlled substance analog and any other drug
, to a degree which renders him or
3her incapable of safely driving, or under the combined influence of an intoxicant and
4any other drug to a degree which renders him or her incapable of safely driving, or
5having a prohibited alcohol concentration, or alleged to have been driving or
6operating or on duty time with respect to a commercial motor vehicle while having
7any measured alcohol concentration above 0.0 or possessing an intoxicating
8beverage, regardless of its alcohol content, or within 4 hours of having consumed or
9having been under the influence of an intoxicating beverage, regardless of its alcohol
10content, or of having an alcohol concentration of 0.04 or more, the results of a test
11administered in accordance with this section are admissible on the issue of whether
12the person was under the influence of an intoxicant
or
, a controlled substance
, a
13controlled substance analog or any other drug, or
a under the influence of any 14combination of alcohol
and, a controlled substance,
under the influence of a
15controlled substance analog and any other drug
, to a degree which renders him or
16her incapable of safely driving or under the combined influence of an intoxicant and
17any other drug to a degree which renders him or her incapable of safely driving or
18any issue relating to the person's alcohol concentration. Test results shall be given
19the effect required under s. 885.235.
AB817, s. 353
20Section
353. 343.305 (6) (a) of the statutes is amended to read:
AB817,116,721
343.305
(6) (a) Chemical analyses of blood or urine to be considered valid under
22this section shall have been performed substantially according to methods approved
23by the laboratory of hygiene and by an individual possessing a valid permit to
24perform the analyses issued by the department of health and social services. The
25department of health and social services shall approve laboratories for the purpose
1of performing chemical analyses of blood or urine for alcohol
or, controlled substances
2or controlled substance analogs and shall develop and administer a program for
3regular monitoring of the laboratories. A list of approved laboratories shall be
4provided to all law enforcement agencies in the state. Urine specimens are to be
5collected by methods specified by the laboratory of hygiene. The laboratory of
6hygiene shall furnish an ample supply of urine and blood specimen containers to
7permit all law enforcement officers to comply with the requirements of this section.
AB817, s. 354
8Section
354. 343.305 (9) (a) 5. a. of the statutes is amended to read:
AB817,116,199
343.305
(9) (a) 5. a. Whether the officer had probable cause to believe the
10person was driving or operating a motor vehicle while under the influence of alcohol,
11a controlled substance or a
controlled substance analog or any combination of
both 12alcohol, a controlled substance and a controlled substance analog, under the
13influence of any other drug to a degree which renders the person incapable of safely
14driving, or under the combined influence of alcohol and any other drug to a degree
15which renders the person incapable of safely driving or having a prohibited alcohol
16concentration or, if the person was driving or operating a commercial motor vehicle,
17an alcohol concentration of 0.04 or more and whether the person was lawfully placed
18under arrest for violation of s. 346.63 (1), (2m) or (5) or a local ordinance in conformity
19therewith or s. 346.63 (2) or (6), 940.09 (1) or 940.25.
AB817, s. 355
20Section
355. 343.305 (9) (a) 5. c. of the statutes is amended to read:
AB817,116,2521
343.305
(9) (a) 5. c. Whether the person refused to permit the test. The person
22shall not be considered to have refused the test if it is shown by a preponderance of
23evidence that the refusal was due to a physical inability to submit to the test due to
24a physical disability or disease unrelated to the use of alcohol, controlled substances
,
25controlled substance analogs or other drugs.
AB817, s. 356
1Section
356. 343.305 (9) (am) 5. a. of the statutes is amended to read:
AB817,117,52
343.305
(9) (am) 5. a. Whether the officer detected any presence of alcohol,
3controlled substance
, controlled substance analog or other drug, or a combination
4thereof, on the person or had reason to believe that the person was violating or had
5violated s. 346.63 (7).
AB817, s. 357
6Section
357. 343.305 (9) (am) 5. c. of the statutes is amended to read:
AB817,117,117
343.305
(9) (am) 5. c. Whether the person refused to permit the test. The person
8shall not be considered to have refused the test if it is shown by a preponderance of
9evidence that the refusal was due to a physical inability to submit to the test due to
10a physical disability or disease unrelated to the use of alcohol, controlled substances
,
11controlled substance analogs or other drugs.
AB817, s. 358
12Section
358. 343.305 (10) (c) 1. (intro.) of the statutes is amended to read:
AB817,117,2013
343.305
(10) (c) 1. (intro.) Except as provided in subd. 1. a. or b., the court shall
14order the person to submit to and comply with an assessment by an approved public
15treatment facility as defined in s. 51.45 (2) (c) for examination of the person's use of
16alcohol
or, controlled substances
or controlled substance analogs and development
17of a driver safety plan for the person. The court shall notify the person and the
18department of transportation of the assessment order. The court shall also notify the
19person that noncompliance with assessment or the driver safety plan will result in
20license suspension until the person is in compliance. The assessment order shall:
AB817,119,723
343.305
(10) (d) The assessment report shall order compliance with a driver
24safety plan. The report shall inform the person of the fee provisions under s. 46.03
25(18) (f). The driver safety plan may include a component that makes the person
1aware of the effect of his or her offense on a victim and a victim's family. The driver
2safety plan may include treatment for the person's misuse, abuse or dependence on
3alcohol
or, controlled substances
or controlled substance analogs, attendance at a
4school under s. 345.60, or both. If the plan requires inpatient treatment, the
5treatment shall not exceed 30 days. A driver safety plan under this paragraph shall
6include a termination date consistent with the plan which shall not extend beyond
7one year. The county department under s. 51.42 shall assure notification of the
8department of transportation and the person of the person's compliance or
9noncompliance with assessment and treatment. The school under s. 345.60 shall
10notify the department, the county department under s. 51.42 and the person of the
11person's compliance or noncompliance with the requirements of the school.
12Nonpayment of the assessment fee or, if the person has the ability to pay,
13nonpayment of the driver safety plan fee is noncompliance with the court order. If
14the department is notified of noncompliance, it shall suspend the person's operating
15privilege until the county department under s. 51.42 or the school under s. 345.60
16notifies the department that the person is in compliance with assessment or the
17driver safety plan. The department shall notify the person of the suspension, the
18reason for the suspension and the person's right to a review. A person may request
19a review of a suspension based upon failure to comply with a driver safety plan within
2010 days of notification. The review shall be handled by the subunit of the department
21of transportation designated by the secretary. The issues at the review are limited
22to whether the driver safety plan, if challenged, is appropriate and whether the
23person is in compliance with the assessment order or the driver safety plan. The
24review shall be conducted within 10 days after a request is received. If the driver
25safety plan is determined to be inappropriate, the department shall order a
1reassessment and if the person is otherwise eligible, the department shall reinstate
2the person's operating privilege. If the person is determined to be in compliance with
3the assessment or driver safety plan, and if the person is otherwise eligible, the
4department shall reinstate the person's operating privilege. If there is no decision
5within the 10-day period, the department shall issue an order reinstating the
6person's operating privilege until the review is completed, unless the delay is at the
7request of the person seeking the review.
AB817, s. 360
8Section
360. 343.307 (1) (d) of the statutes is amended to read:
AB817,119,149
343.307
(1) (d) Convictions under the law of another jurisdiction that prohibits
10refusal of chemical testing or use of a motor vehicle while intoxicated or under the
11influence of a controlled substance
or controlled substance analog, or a combination
12thereof, or with an excess or specified range of alcohol concentration, or under the
13influence of any drug to a degree that renders the person incapable of safely driving,
14as those or substantially similar terms are used in that jurisdiction's laws.
AB817, s. 361
15Section
361. 343.307 (2) (e) of the statutes is amended to read:
AB817,119,2116
343.307
(2) (e) Convictions under the law of another jurisdiction that prohibits
17refusal of chemical testing or use of a motor vehicle while intoxicated or under the
18influence of a controlled substance
or controlled substance analog, or a combination
19thereof, or with an excess or specified range of alcohol concentration, or under the
20influence of any drug to a degree that renders the person incapable of safely driving,
21as those or substantially similar terms are used in that jurisdiction's laws.
AB817, s. 362
22Section
362. 343.31 (1) (am) of the statutes is amended to read:
AB817,120,523
343.31
(1) (am) Injury by the operation of a vehicle while under the influence
24of an intoxicant
or, a controlled substance or a
controlled substance analog, or any 25combination of an intoxicant
and, a controlled substance
and a controlled substance
1analog, under the influence of any other drug to a degree which renders him or her
2incapable of safely driving, or under the combined influence of an intoxicant and any
3other drug to a degree which renders him or her incapable of safely driving or while
4the person has a prohibited alcohol concentration and which is criminal under s.
5346.63 (2).
AB817, s. 363
6Section
363. 343.31 (1) (b) of the statutes is amended to read:
AB817,120,147
343.31
(1) (b) Upon the 2nd or any subsequent conviction for operation of a
8motor vehicle while under the influence of an intoxicant
or
, controlled substance
,
9controlled substance analog or a combination thereof, under the influence of any
10other drug to a degree which renders him or her incapable of safely driving, or under
11the combined influence of an intoxicant and any other drug to a degree which renders
12him or her incapable of safely driving, in accordance with the order of the court. This
13paragraph does not apply to a law of a federally recognized American Indian tribe
14or band in this state.
AB817, s. 364
15Section
364. 343.31 (2) of the statutes is amended to read:
AB817,121,516
343.31
(2) The department shall revoke or suspend, respectively, the operating
17privilege of any resident upon receiving notice of the conviction of such person in
18another jurisdiction for an offense therein which, if committed in this state, would
19have been cause for revocation or suspension under this section or under s. 343.30
20(1q). Such offenses shall include violation of any law of another jurisdiction that
21prohibits use of a motor vehicle while intoxicated or under the influence of a
22controlled substance
or controlled substance analog, or a combination thereof, or
23with an excess or specified range of alcohol concentration, or under the influence of
24any drug to a degree that renders the person incapable of safely driving, as those or
25substantially similar terms are used in that jurisdiction's laws. Upon receiving
1similar notice with respect to a nonresident, the department shall revoke or suspend,
2respectively, the privilege of the nonresident to operate a motor vehicle in this state.
3Such suspension or revocation shall not apply to the operation of a commercial motor
4vehicle by a nonresident who holds a valid commercial driver license issued by
5another state.
AB817, s. 365
6Section
365. 343.31 (3) (b) of the statutes is amended to read:
AB817,121,137
343.31
(3) (b) If the suspension results from a first conviction of operation of
8a motor vehicle while under the influence of an intoxicant
or, controlled substance
,
9controlled substance analog or a combination thereof, under the influence of any
10other drug to a degree which renders him or her incapable of safely driving, or under
11the combined influence of an intoxicant and any other drug to a degree which renders
12him or her incapable of safely driving and the conviction occurs in another
13jurisdiction, the period of suspension shall be 6 months.
AB817, s. 366
14Section
366. 343.315 (2) (a) 1. of the statutes is amended to read:
AB817,121,2215
343.315
(2) (a) 1. Section 346.63 (1) (a) or a local ordinance in conformity
16therewith or a law of a federally recognized American Indian tribe or band in this
17state in conformity with s. 346.63 (1) (a) or the law of another jurisdiction prohibiting
18driving or operating a motor vehicle while intoxicated or under the influence of
19alcohol, a controlled substance,
a controlled substance analog or a combination
20thereof, or under the influence of any drug which renders the person incapable of
21safely driving, as those or substantially similar terms are used in that jurisdiction's
22laws.