AB17: Bill Text

LRB-1273/1

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1997 - 1998 LEGISLATURE

1997 Assembly BILL 17

January 28, 1997 - Introduced by Representatives Cullen, Dobyns, Notestein, Wasserman, Turner, Bock, Ryba, La Fave, Ainsworth, Harsdorf, Ziegelbauer, Huber, Springer, Goetsch, Kreibich, Murat, Travis, Hasenohrl, Hahn, Olsen, Gunderson, Walker, Ott and F. Lasee, cosponsored by Senators Plache, Wirch, Grobschmidt, Risser, Huelsman, Rosenzweig and Weeden. Referred to Committee on Judiciary.

AB17,1,6 An Act to renumber 343.305 (10m), 346.65 (6) (a) 1., 940.09 (1d) and 940.25 (1d); to amend 342.12 (4) (a), 343.10 (5) (a) 3., 346.65 (6) (a) 2m. and 346.65 (6) (d); 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: installation of an ignition interlock device in cases involving intoxicated operation of a motor 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 convictions, suspensions 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 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:

AB17, s. 1 Section 1. 342.12 (4) (a) of the statutes is amended to read:

AB17,2,9 342.12 (4) (a) The district attorney shall notify the department when he or she files a criminal complaint against a person who has been arrested for violating s. 346.63 (1) or (2), 940.09 (1) or 940.25 and who has 2 or more prior convictions, suspensions or revocations within a 10-year period, as counted under s. 343.307 (1). The department may not issue a certificate of title transferring ownership of any motor vehicle owned by the person upon receipt of a notice under this subsection until the court assigned to hear the criminal complaint issues an order permitting the department to issue a certificate of title.

AB17, s. 2 Section 2. 343.10 (5) (a) 3. of the statutes is amended to read:

AB17,2,20 343.10 (5) (a) 3. If the applicant has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), the The occupational license of the applicant may restrict the applicant's operation under the occupational license to vehicles that are equipped with a functioning ignition interlock device as provided under s. 346.65 (6). A person to whom a restriction under this subdivision applies violates that restriction if he or she requests or permits another to blow into an ignition interlock device or to start a motor vehicle equipped with an ignition interlock device for the purpose of providing the person an operable motor vehicle without the necessity of first submitting a sample of his or her breath to analysis by the ignition interlock device.

AB17, s. 3 Section 3. 343.305 (4) (am) of the statutes is created to read:

AB17,3,3 343.305 (4) (am) If testing is refused, a motor vehicle owned by the person may be equipped with an ignition interlock device and the person's operating privilege will be revoked under this section;

AB17, s. 4 Section 4. 343.305 (4) (bd) of the statutes is created to read:

AB17,3,9 343.305 (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;

AB17, s. 5 Section 5. 343.305 (10m) of the statutes is renumbered 343.305 (10m) (b).

AB17, s. 6 Section 6. 343.305 (10m) (a) of the statutes is created to read:

AB17,3,14 343.305 (10m) (a) If the person's operating privilege is revoked under sub. (10), 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.

AB17, s. 7 Section 7. 346.65 (6) (a) 1. of the statutes is renumbered 346.65 (6) (a) 1g.

AB17, s. 8 Section 8. 346.65 (6) (a) 1d. of the statutes is created to read:

AB17,3,23 346.65 (6) (a) 1d. Except as provided in this subdivision, 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). The court shall not order a motor vehicle equipped with an ignition interlock device if that would result in undue hardship or extreme inconvenience or would endanger the health or safety of a person.

AB17, s. 9 Section 9. 346.65 (6) (a) 2m. of the statutes is amended to read:

AB17,4,19 346.65 (6) (a) 2m. A person who owns a motor vehicle subject to seizure, equipping with an ignition interlock device or immobilization under this paragraph shall surrender to the clerk of circuit court the certificate of title issued under ch. 342 for every motor vehicle owned by the person. The person shall comply with this subdivision within 5 working days after receiving notification of this requirement from the district attorney. When a district attorney receives a copy of a notice of intent to revoke the operating privilege under s. 343.305 (9) (a) of a person who has 2 or more convictions, suspensions or revocations within a 5-year period, as counted under s. 343.307 (1), or when a district attorney notifies the department of the filing of a criminal complaint against a person under s. 342.12 (4) (a), the district attorney shall notify the person of the requirement to surrender all certificates of title to the clerk of circuit court. The notification shall include the time limits for that surrender, the penalty for failure to comply with the requirement and the address of the clerk of circuit court. The clerk of circuit court shall promptly return each certificate of title surrendered to the clerk of circuit court under this subdivision after stamping the certificate of title with the notation "Per section 346.65 (6) of the Wisconsin statutes, ownership of this motor vehicle may not be transferred without prior court approval". Any person failing to surrender a certificate of title as required under this subdivision shall forfeit not more than $500.

AB17, s. 10 Section 10. 346.65 (6) (d) of the statutes is amended to read:

AB17,5,10 346.65 (6) (d) At the hearing set under par. (c), the state has the burden of proving to a reasonable certainty by the greater weight of the credible evidence that the motor vehicle is a motor vehicle owned by a person 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) and, if the seizure is under par. (a) 1. 1g., that the person had 2 prior convictions, suspensions or revocations within a 10-year period as counted under s. 343.307 (1) or, if the seizure is under par. (a) 2., 3 or more prior convictions, suspensions or revocations within a 10-year period as counted under s. 343.307 (1). If the owner of the motor vehicle proves by a preponderance of the evidence that he or she was not convicted of 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), or, if the seizure is under par. (a) 1., that he or she did not have 2 prior convictions, suspensions or revocations within a 10-year period as counted under s. 343.307 (1) or, if the seizure is under par. (a) 2., 3 or more prior convictions, suspensions or revocations within a 10-year period as counted under s. 343.307 (1), the motor vehicle shall be returned to the owner upon the payment of storage costs.

AB17, s. 11 Section 11. 940.09 (1d) of the statutes is renumbered 940.09 (1d) (b).

AB17, s. 12 Section 12. 940.09 (1d) (a) of the statutes is created to read:

AB17,5,15 940.09 (1d) (a) If a person commits an offense under sub. (1) (a) or (b), 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.

AB17, s. 13 Section 13. 940.25 (1d) of the statutes is renumbered 940.25 (1d) (b).

AB17, s. 14 Section 14. 940.25 (1d) (a) of the statutes is created to read:

AB17,5,20 940.25 (1d) (a) If a person commits an offense under sub. (1) (a) or (b), the procedure under s. 346.65 may be followed regarding the equipping of a motor vehicle owned by the person with an ignition interlock device.

AB17, s. 15 Section 15. Initial applicability.

AB17,6,2 (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.

AB17,6,3 (End)