AB518: Bill Text

September 16, 1997 - Introduced by Representatives Kaufert, Reynolds, Ainsworth, Ott, Otte, Gunderson, Albers, Ladwig, Olsen, Plouff, Seratti, Nass, Underheim, Sykora, Ward and Jeskewitz, cosponsored by Senators Darling, Rosenzweig, Panzer, Grobschmidt, Farrow and Roessler. Referred to Committee on Highways and Transportation.

AB518,1,6 An Act to amend 125.07 (4) (bs) 1., 2., 3. and 4., 125.07 (4) (c) 1., 2., 3. and 4., 125.07 (4) (e) 4., 125.07 (4) (e) 5., 125.085 (3) (bd), 343.30 (6) (b) (intro.), 343.30 (6) (b) 1., 2. and 3., 343.30 (6) (bm), 343.30 (6) (d), 938.344 (2) (a), (b) and (c), 938.344 (2b) (a), (b) and (c) and 938.344 (2d) (a), (b) and (c) of the statutes; relating to: the operating privilege of an underage person convicted of certain alcohol-related offenses.

Analysis by the Legislative Reference Bureau

Under current law, no person who has not attained the legal drinking age of 21 years of age (underage person) may: procure or attempt to procure alcohol beverages from a person licensed to sell alcohol beverages; enter, knowingly attempt to enter or be on licensed premises; falsely represent his or her age for the purpose of receiving alcohol beverages from a licensee or permittee; or, unless authorized by law, possess or consume alcohol beverages. The sentence for a violation of these prohibitions varies depending upon the number of prior violations the underage person has committed, and may include suspension or revocation of the underage person's operating privilege, a forfeiture of up to $1,000, required participation in a supervised work program or other community service work or any combination of these penalties. The specified period of suspension or revocation of an underage person's operating privilege, if imposed, ranges from a minimum of 30 days to a maximum of 2 years. The suspension or revocation period commences immediately unless the underage person does not possess a valid regular driver's license, in which case the suspension or revocation period commences on the date that a regular license would otherwise be reinstated or issued after the person applies and qualifies for issuance or 2 years from the date of disposition of the alcohol-related offense, whichever occurs first.

This bill changes the penalties for underage persons who commit certain alcohol-related offenses. In addition to other penalties that a court elects to impose, the bill requires that the operating privilege of an underage person convicted of certain alcohol-related offenses be acted upon as follows:

1. For a first violation, suspended for 90 days.

2. For a 2nd violation committed within 12 months, suspended for 180 days.

3. For a 3rd or subsequent violation committed within 12 months, revoked for 270 days.

The bill specifies that the period of suspension or revocation of the operating privilege of an underage person who does not possess a regular driver's license does not commence until the date that a regular license would otherwise be reinstated or issued after the person applies and qualifies for issuance. The bill also eliminates the authority of a court that ordered the suspension of an underage person's operating privilege to reinstate that person's operating privilege for completing an alcohol abuse treatment program or court-approved alcohol abuse education program.

For further information see the state 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:

AB518, s. 1 Section 1. 125.07 (4) (bs) 1., 2., 3. and 4. of the statutes are amended to read:

AB518,2,7 125.07 (4) (bs) 1. For a first violation, a forfeiture of not less than $250 nor more than $500, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 1., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties. In addition to any penalty imposed under this subdivision, the violator's operating privilege shall be suspended as provided under s. 343.30 (6) (b) 1.

AB518,3,4 2. For a violation committed within 12 months of a previous violation, either a forfeiture of not less than $300 nor more than $500, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 2., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties. In addition to any penalty imposed under this subdivision, the violator's operating privilege shall be suspended as provided under s. 343.30 (6) (b) 2.

AB518,3,10 3. For a violation committed within 12 months of 2 previous violations, either a forfeiture of not less than $500 nor more than $750, revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties. In addition to any penalty imposed under this subdivision, the violator's operating privilege shall be revoked as provided under s. 343.30 (6) (b) 3.

AB518,3,16 4. For a violation committed within 12 months of 3 or more previous violations, either a forfeiture of not less than $750 nor more than $1,000, revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties. In addition to any penalty imposed under this subdivision, the violator's operating privilege shall be revoked as provided under s. 343.30 (6) (b) 3.

AB518, s. 2 Section 2. 125.07 (4) (c) 1., 2., 3. and 4. of the statutes are amended to read:

AB518,3,23 125.07 (4) (c) 1. For a first violation, a forfeiture of not less than $100 nor more than $200, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 1., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties. In addition to any penalty imposed under this subdivision, the violator's operating privilege shall be suspended as provided under s. 343.30 (6) (b) 1.

AB518,4,5 2. For a violation committed within 12 months of a previous violation, either a forfeiture of not less than $200 nor more than $300, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 2., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties. In addition to any penalty imposed under this subdivision, the violator's operating privilege shall be suspended as provided under s. 343.30 (6) (b) 2.

AB518,4,11 3. For a violation committed within 12 months of 2 previous violations, either a forfeiture of not less than $300 nor more than $500, revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties. In addition to any penalty imposed under this subdivision, the violator's operating privilege shall be revoked as provided under s. 343.30 (6) (b) 3.

AB518,4,17 4. For a violation committed within 12 months of 3 or more previous violations, either a forfeiture of not less than $500 nor more than $1,000, revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties. In addition to any penalty imposed under this subdivision, the violator's operating privilege shall be revoked as provided under s. 343.30 (6) (b) 3.

AB518, s. 3 Section 3. 125.07 (4) (e) 4. of the statutes is amended to read:

AB518,5,4 125.07 (4) (e) 4. If the defendant completes the alcohol abuse treatment program or court-approved alcohol abuse education program, the approved treatment facility or court-approved alcohol abuse education program shall, with the written informed consent of the defendant, notify the agency primarily responsible for providing services to the defendant that the defendant has complied with the order and the court shall notify the defendant of whether or not the penalty will be reinstated. If the court had ordered the suspension of the defendant's operating privilege under par. (bs) or (c), the court may order the secretary of transportation to reinstate the operating privilege of the defendant if he or she completes the alcohol abuse treatment program or court-approved alcohol abuse education program.

AB518, s. 4 Section 4. 125.07 (4) (e) 5. of the statutes is amended to read:

AB518,5,13 125.07 (4) (e) 5. If an approved treatment facility or court-approved alcohol abuse education program, with the written informed consent of the defendant, notifies the agency primarily responsible for providing services to the defendant that the defendant is not participating in the program or that the defendant has not satisfactorily completed a recommended alcohol abuse treatment program or an education program, the court shall hold a hearing to determine whether the penalties under par. (bs) or (c) not involving an operating privilege should be imposed.

AB518, s. 5 Section 5. 125.085 (3) (bd) of the statutes is amended to read:

AB518,5,21 125.085 (3) (bd) Any underage person who violates par. (b) is subject to a forfeiture of not less than $100 nor more than $500, suspension of the person's operating privilege under s. 343.30 (6) (bm), participation in a supervised work program or other community service work under par. (bh) or any combination of these penalties. In addition to any penalty imposed under this paragraph, the underage person's operating privilege shall be suspended as provided in s. 343.30 (6) (bm).

AB518, s. 6 Section 6. 343.30 (6) (b) (intro.) of the statutes is amended to read:

AB518,5,25 343.30 (6) (b) (intro.) If Whenever a court imposes suspension or revocation of a person's operating privilege under s. 125.07 (4) (bs) or (c) or 938.344 (2), (2b) or (2d), the suspension or revocation imposed shall be one of the following:

AB518, s. 7 Section 7. 343.30 (6) (b) 1., 2. and 3. of the statutes are amended to read:

AB518,6,2 343.30 (6) (b) 1. For a first violation, suspension for 30 to 90 days.

AB518,6,4 2. For a violation committed within 12 months of a previous violation, suspension for not more than one year 180 days.

AB518,6,6 3. For a violation committed within 12 months of 2 or more previous violations, revocation for not more than 2 years 270 days.

AB518, s. 8 Section 8. 343.30 (6) (bm) of the statutes is amended to read:

AB518,6,9 343.30 (6) (bm) If the court imposes a suspension of a person's operating privilege under s. 125.085 (3) (bd), the suspension shall be for 30 to 90 days.

AB518, s. 9 Section 9. 343.30 (6) (d) of the statutes is amended to read:

AB518,6,16 343.30 (6) (d) If the person subject to suspension or revocation under this subsection does not hold a valid license under this chapter other than a license under s. 343.07 or 343.08 on the date of disposition, the suspension or revocation under par. (b) shall commence on the date that such a license would otherwise be reinstated or issued after the person applies and qualifies for issuance or 2 years from the date of disposition, whichever occurs first.

AB518, s. 10 Section 10. 938.344 (2) (a), (b) and (c) of the statutes are amended to read:

AB518,6,23 938.344 (2) (a) For a first violation, a forfeiture of not more than $50, suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 1. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g). In addition to any penalty imposed under this paragraph, the juvenile's operating privilege shall be suspended as provided in s. 343.30 (6) (b) 1.

AB518,7,4 (b) For a violation committed within 12 months of a previous violation, a forfeiture of not more than $100, suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 2. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g). In addition to any penalty imposed under this paragraph, the juvenile's operating privilege shall be suspended as provided in s. 343.30 (6) (b) 2.

AB518,7,10 (c) For a violation committed within 12 months of 2 or more previous violations, a forfeiture of not more than $500, revocation of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 3. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g). In addition to any penalty imposed under this paragraph, the juvenile's operating privilege shall be revoked as provided in s. 343.30 (6) (b) 3.

AB518, s. 11 Section 11. 938.344 (2b) (a), (b) and (c) of the statutes are amended to read:

AB518,7,17 938.344 (2b) (a) For a first violation, a forfeiture of not less than $250 nor more than $500, suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 1. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g). In addition to any penalty imposed under this paragraph, the juvenile's operating privilege shall be suspended as provided in s. 343.30 (6) (b) 1.

AB518,7,23 (b) For a violation committed within 12 months of a previous violation, a forfeiture of not less than $300 nor more than $500, suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 2. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g). In addition to any penalty imposed under this paragraph, the juvenile's operating privilege shall be suspended as provided in s. 343.30 (6) (b) 2.

AB518,8,4 (c) For a violation committed within 12 months of 2 or more previous violations, a forfeiture of $500, revocation of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 3. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g). In addition to any penalty imposed under this paragraph, the juvenile's operating privilege shall be revoked as provided in s. 343.30 (6) (b) 3.

AB518, s. 12 Section 12. 938.344 (2d) (a), (b) and (c) of the statutes are amended to read:

AB518,8,11 938.344 (2d) (a) For a first violation, a forfeiture of not less than $100 nor more than $500, suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 1. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g). In addition to any penalty imposed under this paragraph, the juvenile's operating privilege shall be suspended as provided in s. 343.30 (6) (b) 1.

AB518,8,17 (b) For a violation committed within 12 months of a previous violation, a forfeiture of not less than $300 nor more than $500, suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 2. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g). In addition to any penalty imposed under this paragraph, the juvenile's operating privilege shall be suspended as provided in s. 343.30 (6) (b) 2.

AB518,8,23 (c) For a violation committed within 12 months of 2 or more previous violations, a forfeiture of $500, revocation of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 3. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g). In addition to any penalty imposed under this paragraph, the juvenile's operating privilege shall be revoked as provided in s. 343.30 (6) (b) 3.

AB518, s. 13 Section 13. Initial applicability.

AB518,9,3 (1) This act first applies to violations committed on the effective date of this subsection, but does not preclude the counting of other violations as prior violations for sentencing a person or for suspending or revoking a person's operating privilege.

AB518, s. 14 Section 14. Effective date.

AB518,9,6 (1) This act takes effect on the first day of the 4th month beginning after publication.

AB518,9,7 (End)