LRB-2227/1
RPN:kmg&jlg:kat
1997 - 1998 LEGISLATURE
December 23, 1997 - Introduced by Representatives Reynolds, Black, Ladwig,
Staskunas, Bock and
Olsen. Referred to Committee on Highways and
Transportation.
AB678,1,3
1An Act to amend 346.74 (2); and
to create 346.71 (2g) and 346.74 (2m) of the
2statutes;
relating to: testing of blood for alcohol content in motor vehicle
3accidents involving a fatality or great bodily harm and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, if a person 14 years of age or older is killed in an accident
involving a motor vehicle, his or her blood is tested to determine its alcohol content.
The results are forwarded to state agencies to be used for statistical purposes and to
the coroner or medical examiner.
This bill requires the testing of the blood of all drivers or operators of motor
vehicles involved in an accident that results in a fatality or in great bodily harm at
the time of the accident, if the drivers or operators are not tested for purposes of
determining if they committed a violation involving intoxicated driving. The law
enforcement agency requesting the test is told of the results and includes the results
in the accident report. The department of transportation pays for the tests and may
use the results for statistical purposes.
The bill also provides that any person who refuses to submit to the blood test
may be required to forfeit not more than $1,000.
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:
AB678, s. 1
1Section
1. 346.71 (2g) of the statutes is created to read:
AB678,2,62
346.71
(2g) (a) A law enforcement officer at the scene of an accident that
3involves the operation of a motor vehicle shall require that a blood specimen of at
4least 10 cc. be withdrawn from each driver or operator of a motor vehicle involved in
5the accident who was not tested under s. 343.305 (5) if the law enforcement officer
6knew any of the following:
AB678,2,87
1. That a person died as a result of the operation of the motor vehicle before he
8or she was removed from the scene of the accident.
AB678,2,109
2. That a person suffered great bodily harm, as defined in s. 939.22 (14), as a
10result of the operation of the motor vehicle.
AB678,2,2311
(b) The blood specimen shall be withdrawn under par. (a) within 3 hours after
12the accident. The coroner or medical examiner, a physician or a qualified person at
13the direction of a physician shall withdraw the blood. The blood so drawn shall be
14forwarded to a laboratory approved by the department of health and family services
15for analysis of the alcohol content of the blood specimen. The laboratory shall notify
16the law enforcement agency causing the blood to be withdrawn of the results of each
17analysis. The law enforcement agency shall place those results in the law
18enforcement agency's report regarding the accident. The laboratory shall send a copy
19of the results to the department of transportation. The department of transportation
20shall pay the cost of each analysis and keep a record of those results to be used for
21statistical purposes only. The department of transportation may disseminate and
22make public the cumulative results of the analyses without identifying the
23individuals involved.
AB678, s. 2
24Section
2. 346.74 (2) of the statutes is amended to read:
AB678,3,4
1346.74
(2) Any person violating s. 346.70 (1), (2) or (3), 346.71
(1), (2) or (3) or
2346.73 may be required to forfeit not less than $40 nor more than $200 for the first
3offense and may be required to forfeit not less than $100 nor more than $500 for the
42nd or subsequent conviction within a year.
AB678, s. 3
5Section
3. 346.74 (2m) of the statutes is created to read:
AB678,3,76
346.74
(2m) Any person who refuses to allow the withdrawal of his or her blood
7under s. 346.71 (2g) may be required to forfeit not more than $1,000.
AB678,3,109
(1) This act first applies to accidents occurring on the effective date of this
10subsection.
