SB223: Bill Text

SB223,10,18 350.101 (1) (b) Operating with alcohol concentrations at or above specified levels. No person may engage in the operation of a snowmobile while the person has an alcohol concentration of 0.1 0.08 or more.

SB223, s. 31 Section 31. 350.101 (1) (c) of the statutes is amended to read:

SB223,10,23 350.101 (1) (c) Operating with alcohol concentrations at specified levels; below age 19. If a person has not attained the age of 19, the person may not engage in the operation of a snowmobile while he or she has an alcohol concentration of more than 0.0 but not more than 0.1 0.08.

SB223, s. 32 Section 32. 350.101 (2) (b) of the statutes is amended to read:

SB223,11,3 350.101 (2) (b) Causing injury with alcohol concentrations at or above specified levels. No person who has an alcohol concentration of 0.1 0.08 or more may cause injury to another person by the operation of a snowmobile.

SB223, s. 33 Section 33. 350.101 (2) (d) of the statutes is amended to read:

SB223,11,9 350.101 (2) (d) Defenses. In an action under this subsection, the defendant has a defense if he or she proves by a preponderance of the evidence that the injury would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant or did not have an alcohol concentration of 0.1 0.08 or more.

SB223, s. 34 Section 34. 885.235 (1) (a) 1. of the statutes is renumbered 885.235 (1) (a).

SB223, s. 35 Section 35. 885.235 (1) (a) 2. of the statutes is repealed.

SB223, s. 36 Section 36. 885.235 (1) (b) of the statutes is repealed.

SB223, s. 37 Section 37. 885.235 (1) (c) of the statutes is amended to read:

SB223,11,17 885.235 (1) (c) The fact that the analysis shows that the person had an alcohol concentration of 0.1 0.08 or more is prima facie evidence that he or she was under the influence of an intoxicant and is prima facie evidence that he or she had an alcohol concentration of 0.1 0.08 or more.

SB223, s. 38 Section 38. 885.235 (1m) of the statutes is amended to read:

SB223,12,4 885.235 (1m) In any action under s. 23.33 (4c) (a) 3., 346.63 (2m) or (7) or 350.101 (1) (c), evidence of the amount of alcohol in the person's blood at the time in question, as shown by chemical analysis of a sample of the person's blood or urine or evidence of the amount of alcohol in the person's breath, is admissible on the issue of whether he or she had an alcohol concentration in the range specified in s. 23.33 (4c) (a) 3., 346.63 (2m) or 350.101 (1) (c) or an alcohol concentration above 0.0 under s. 346.63 (7) if the sample was taken within 3 hours after the event to be proved. The fact that the analysis shows that the person had an alcohol concentration of more than 0.0 but not more than 0.1 0.08 is prima facie evidence that the person had an alcohol concentration in the range specified in s. 23.33 (4c) (a) 3., 346.63 (2m) or 350.101 (1) (c) or an alcohol concentration above 0.0 under s. 346.63 (7).

SB223, s. 39 Section 39. 940.09 (1) (intro.) of the statutes is amended to read:

SB223,12,7 940.09 (1) (intro.) Any person who does any of the following is guilty of a Class C BC felony:

SB223, s. 40 Section 40. 940.09 (1) (bm) of the statutes is amended to read:

SB223,12,11 940.09 (1) (bm) Causes the death of another by the operation of a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.1 0.08.

SB223, s. 41 Section 41. 940.09 (1d) of the statutes is renumbered 940.09 (1d) (b).

SB223, s. 42 Section 42. 940.09 (1d) (a) of the statutes is created to read:

SB223,12,16 940.09 (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.

SB223, s. 43 Section 43. 940.09 (1g) (b) of the statutes is amended to read:

SB223,12,19 940.09 (1g) (b) Causes the death of another by the operation or handling of a firearm or airgun while the person has an alcohol concentration of 0.1 0.08 or more.

SB223, s. 44 Section 44. 940.25 (1) (bm) of the statutes is amended to read:

SB223,12,23 940.25 (1) (bm) Causes great bodily harm to another human being by the operation of a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.1 0.08.

SB223, s. 45 Section 45. 940.25 (1d) of the statutes is renumbered 940.25 (1d) (b).

SB223, s. 46 Section 46. 940.25 (1d) (a) of the statutes is created to read:

SB223,13,3 940.25 (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.

SB223, s. 47 Section 47. 949.08 (2) (em) of the statutes is amended to read:

SB223,13,11 949.08 (2) (em) Is an adult passenger in the offender's commercial motor vehicle and the crime involved is specified in s. 346.63 (6) or 940.25 and the passenger knew the offender was under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, controlled substance and controlled substance analog, or had an alcohol concentration of 0.04 or more but less than 0.1 0.08. This paragraph does not apply if the victim is also a victim of a crime specified in s. 940.30, 940.305, 940.31 or 948.30.

SB223, s. 48 Section 48. 967.055 (1) (b) of the statutes is amended to read:

SB223,13,20 967.055 (1) (b) The legislature intends to encourage the vigorous prosecution of offenses concerning the operation of motorboats by persons under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, controlled substance and controlled substance analog to a degree which renders him or her incapable of operating a motorboat safely, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of operating a motorboat safely or having an alcohol concentration of 0.1 0.08 or more.

SB223, s. 49 Section 49. Initial applicability.

SB223,14,2 (1) Except as provided in subsection (2), this act first applies to offenses committed on the effective date of this subsection, but does not preclude the counting of other offenses as prior offenses for purposes of administrative action by the department of transportation, sentencing by a court or suspending or revoking a person's operating privilege.

SB223,14,4 (2) The treatment of section 346.65 (6) (c) of the statutes first applies to vehicles seized on the effective date of this subsection.

SB223, s. 50 Section 50. Effective date.

SB223,14,7 (1) This act takes effect on the first day of the 4th month beginning after publication.

SB223,14,8 (End)