LRB-3190/1
RPN:skg:lpa
1995 - 1996 LEGISLATURE
November 1, 1995 - Introduced by Senators Huelsman, Darling, Drzewiecki,
Panzer, Rosenzweig and
Buettner, cosponsored by Representatives Otte,
Lehman, Ward, Hanson, Albers, Dobyns, Klusman, Hahn, Walker, Goetsch,
Olsen, Huber, Brandemuehl, Wirch, Ladwig, F. Lasee, Schneiders, Green,
Bock, Kelso, Kreibich, Ziegelbauer, La Fave, Murat, Gunderson and Nass.
Referred to Committee on Judiciary.
SB392,1,2
1An Act to amend 346.65 (2i) of the statutes;
relating to: providing for an order
2to show cause in certain cases.
Analysis by the Legislative Reference Bureau
Under current law, a court may order a person who has been convicted of
operating a motor vehicle while under the influence of an intoxicant to visit a site
that demonstrates the adverse effects of substance abuse or of operating a vehicle
while under the influence of an intoxicant or other drug. The court may also order
the person to pay a reasonable fee to offset the costs of establishing, maintaining and
monitoring the visits. Current law does not include any penalty for failing to comply
with the court order. This bill allows a court to order a person who fails to comply
with the court order to show cause why he or she should not be held in contempt of
court. Penalties for contempt of court include imprisonment so long as the contempt
of court continues up to a maximum of 6 months and a forfeiture of up to $2,000 for
each day the contempt of court continues.
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:
SB392, s. 1
3Section
1. 346.65 (2i) of the statutes is amended to read:
SB392,2,224
346.65
(2i) In addition to the authority of the court under sub. (2g) and s. 973.05
5(3) (a), the court may order a defendant subject to sub. (2), or a defendant subject to
6s. 973.05 (3) (a) who violated s. 346.63 (2), 940.09 (1) or 940.25, to visit a site that
1demonstrates the adverse effects of substance abuse or of operating a vehicle while
2under the influence of an intoxicant or other drug, including an alcoholism treatment
3facility approved under s. 51.45 or an emergency room of a general hospital in lieu
4of part or all of any forfeiture imposed or in addition to any penalty imposed. The
5court may order the defendant to pay a reasonable fee, based on the person's ability
6to pay, to offset the costs of establishing, maintaining and monitoring the visits
7ordered under this subsection. The court may order a visit to the site only if agreed
8to by the person responsible for the site. If the opportunities available to visit sites
9under this subsection are fewer than the number of defendants eligible for a visit,
10the court shall, when making an order under this subsection, give preference to
11defendants who were under 21 years of age at the time of the offense. The court shall
12ensure that the visit is monitored. A visit to a site may be ordered for a specific time
13and a specific day to allow the defendant to observe victims of vehicle accidents
14involving intoxicated drivers.
If it appears to the court that the defendant has not
15complied with the court order to visit a site or to pay a reasonable fee, the court may
16order the defendant to show cause why he or she should not be held in contempt of
17court. Any organization or agency acting in good faith to which a defendant is
18assigned pursuant to an order under this subsection has immunity from any civil
19liability in excess of $25,000 for acts or omissions by or impacting on the defendant.
20The issuance or possibility of the issuance of an order under this subsection does not
21entitle an indigent defendant who is subject to sub. (2) (a) to representation by
22counsel under ch. 977.
SB392,3,2
1(1) This act first applies to court orders to visit a site or to pay a reasonable fee
2related to a site issued on the effective date of this subsection.
