LRB-3758/1
RPN:mfd:km
1997 - 1998 LEGISLATURE
September 2, 1997 - Introduced by Representatives Olsen, Wasserman,
Grothman, Hanson, Kelso, Green, Dobyns, Gunderson, Hahn, Ziegelbauer,
Robson, Ryba, Otte, Goetsch, Huebsch, Lazich, Harsdorf, Powers, Ladwig,
Vrakas, Zukowski, Hutchison, Staskunas and Plouff, cosponsored by
Senators Drzewiecki, Huelsman, Cowles, A. Lasee, Farrow, Darling and
Rosenzweig. Referred to Committee on Judiciary.
AB497,1,3
1An Act to repeal 346.65 (6) (a) 2.; and
to amend 346.65 (6) (a) 1. and 346.65 (6)
2(d) of the statutes;
relating to: seizure of motor vehicles for offenses related to
3driving while under the influence of an intoxicant.
Analysis by the Legislative Reference Bureau
Under current law, if a person is convicted of driving or operating a motor
vehicle while under the influence of an intoxicant (OWI) or refuses to submit to a test
to determine his or her blood alcohol concentration and the person has 2 prior
OWI-related convictions, suspensions or revocations, the court may order a law
enforcement officer to seize a motor vehicle owned by the person. Current law
requires the court, if the court does not order a motor vehicle seized in this situation,
to order a law enforcement officer to immobilize or equip with an ignition interlock
device a motor vehicle owned by the person. Under current law, if a person is
convicted of OWI or refuses to submit to a test to determine his or her blood alcohol
concentration and the person has 3 or more prior OWI-related convictions,
suspensions or revocations, the court is required to order a law enforcement officer
to seize a motor vehicle owned by the person.
This bill removes the requirement that the court order a law enforcement officer
to seize a motor vehicle owned by a person who is convicted of OWI or refuses to
submit to a test to determine his or her blood alcohol concentration when the person
has 3 or more prior OWI-related convictions, suspensions or revocations. The court
continues to have the option of ordering the seizure of a motor vehicle, but the court
is not required to order the seizure under this bill.
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:
AB497, s. 1
1Section
1. 346.65 (6) (a) 1. of the statutes is amended to read:
AB497,2,132
346.65
(6) (a) 1. Except as provided in this paragraph, the court may order a
3law enforcement officer to seize a motor vehicle, or, if the motor vehicle is not ordered
4seized, shall order a law enforcement officer to equip the motor vehicle with an
5ignition interlock device or immobilize any motor vehicle owned by the person whose
6operating privilege is revoked under s. 343.305 (10) or who committed a violation of
7s. 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
8the person whose operating privilege is revoked under s. 343.305 (10) or who is
9convicted of the violation has 2
or more prior suspensions, revocations or convictions
10within a 10-year period that would be counted under s. 343.307 (1). The court shall
11not order a motor vehicle equipped with an ignition interlock device or immobilized
12if that would result in undue hardship or extreme inconvenience or would endanger
13the health and safety of a person.
AB497, s. 2
14Section
2. 346.65 (6) (a) 2. of the statutes is repealed.
AB497, s. 3
15Section
3. 346.65 (6) (d) of the statutes is amended to read:
AB497,3,1016
346.65
(6) (d) At the hearing set under par. (c), the state has the burden of
17proving to a reasonable certainty by the greater weight of the credible evidence that
18the motor vehicle is a motor vehicle owned by a person who committed a violation of
19s. 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,
20if the seizure is under par. (a) 1., that the person had 2
or more prior convictions,
21suspensions or revocations within a 10-year period as counted under s. 343.307 (1)
1or, if the seizure is under par. (a) 2., 3 or more prior convictions, suspensions or
2revocations within a 10-year period as counted under s. 343.307 (1). If the owner of
3the motor vehicle proves by a preponderance of the evidence that he or she was not
4convicted of a violation of s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09 (1) (a) or (b)
5or 940.25 (1) (a) or (b), or
, if the seizure is under par. (a) 1., that he or she did not have
62
or more prior convictions, suspensions or revocations within a 10-year period as
7counted under s. 343.307 (1)
or, if the seizure is under par. (a) 2., 3 or more prior
8convictions, suspensions or revocations within a 10-year period as counted under s.
9343.307 (1), the motor vehicle shall be returned to the owner upon the payment of
10storage costs.
AB497,3,1612
(1)
This act first applies to offenses committed on the effective date of this
13subsection, but does not preclude the counting of other violations as prior
14convictions, suspensions or revocations for purposes of administrative action by the
15department of transportation, sentencing by a court or revocation or suspension of
16operating privileges.
