SB223, s. 34
10Section
34. 885.235 (1) (a) 1. of the statutes is renumbered 885.235 (1) (a).
SB223, s. 35
11Section
35. 885.235 (1) (a) 2. of the statutes is repealed.
SB223, s. 36
12Section
36. 885.235 (1) (b) of the statutes is repealed.
SB223, s. 37
13Section
37. 885.235 (1) (c) of the statutes is amended to read:
SB223,11,1714
885.235
(1) (c) The fact that the analysis shows that the person had an alcohol
15concentration of
0.1 0.08 or more is prima facie evidence that he or she was under the
16influence of an intoxicant and is prima facie evidence that he or she had an alcohol
17concentration of
0.1 0.08 or more.
SB223, s. 38
18Section
38. 885.235 (1m) of the statutes is amended to read:
SB223,12,419
885.235
(1m) In any action under s. 23.33 (4c) (a) 3., 346.63 (2m) or (7) or
20350.101 (1) (c), evidence of the amount of alcohol in the person's blood at the time in
21question, as shown by chemical analysis of a sample of the person's blood or urine or
22evidence of the amount of alcohol in the person's breath, is admissible on the issue
23of whether he or she had an alcohol concentration in the range specified in s. 23.33
24(4c) (a) 3., 346.63 (2m) or 350.101 (1) (c) or an alcohol concentration above 0.0 under
25s. 346.63 (7) if the sample was taken within 3 hours after the event to be proved. The
1fact that the analysis shows that the person had an alcohol concentration of more
2than 0.0 but not more than
0.1 0.08 is prima facie evidence that the person had an
3alcohol concentration in the range specified in s. 23.33 (4c) (a) 3., 346.63 (2m) or
4350.101 (1) (c) or an alcohol concentration above 0.0 under s. 346.63 (7).
SB223, s. 39
5Section
39. 940.09 (1) (intro.) of the statutes is amended to read:
SB223,12,76
940.09
(1) (intro.) Any person who does any of the following is guilty of a Class
7C BC felony:
SB223, s. 40
8Section
40. 940.09 (1) (bm) of the statutes is amended to read:
SB223,12,119
940.09
(1) (bm) Causes the death of another by the operation of a commercial
10motor vehicle while the person has an alcohol concentration of 0.04 or more but less
11than
0.1 0.08.
SB223, s. 41
12Section
41. 940.09 (1d) of the statutes is renumbered 940.09 (1d) (b).
SB223, s. 42
13Section
42. 940.09 (1d) (a) of the statutes is created to read:
SB223,12,1614
940.09
(1d) (a) If a person commits an offense under sub. (1) (a) or (b), the
15procedure under s. 346.65 (6) may be followed regarding the equipping of a motor
16vehicle owned by the person with an ignition interlock device.
SB223, s. 43
17Section
43. 940.09 (1g) (b) of the statutes is amended to read:
SB223,12,1918
940.09
(1g) (b) Causes the death of another by the operation or handling of a
19firearm or airgun while the person has an alcohol concentration of
0.1 0.08 or more.
SB223, s. 44
20Section
44. 940.25 (1) (bm) of the statutes is amended to read:
SB223,12,2321
940.25
(1) (bm) Causes great bodily harm to another human being by the
22operation of a commercial motor vehicle while the person has an alcohol
23concentration of 0.04 or more but less than
0.1 0.08.
SB223, s. 45
24Section
45. 940.25 (1d) of the statutes is renumbered 940.25 (1d) (b).
SB223, s. 46
25Section
46. 940.25 (1d) (a) of the statutes is created to read:
SB223,13,3
1940.25
(1d) (a) If a person commits an offense under sub. (1) (a) or (b), the
2procedure under s. 346.65 (6) may be followed regarding the equipping of a motor
3vehicle owned by the person with an ignition interlock device.
SB223, s. 47
4Section
47. 949.08 (2) (em) of the statutes is amended to read:
SB223,13,115
949.08
(2) (em) Is an adult passenger in the offender's commercial motor
6vehicle and the crime involved is specified in s. 346.63 (6) or 940.25 and the passenger
7knew the offender was under the influence of an intoxicant, a controlled substance,
8a controlled substance analog or any combination of an intoxicant, controlled
9substance and controlled substance analog, or had an alcohol concentration of 0.04
10or more but less than
0.1 0.08. This paragraph does not apply if the victim is also a
11victim of a crime specified in s. 940.30, 940.305, 940.31 or 948.30.
SB223, s. 48
12Section
48. 967.055 (1) (b) of the statutes is amended to read:
SB223,13,2013
967.055
(1) (b) The legislature intends to encourage the vigorous prosecution
14of offenses concerning the operation of motorboats by persons under the influence of
15an intoxicant, a controlled substance, a controlled substance analog or any
16combination of an intoxicant, controlled substance and controlled substance analog
17to a degree which renders him or her incapable of operating a motorboat safely, or
18under the combined influence of an intoxicant and any other drug to a degree which
19renders him or her incapable of operating a motorboat safely or having an alcohol
20concentration of
0.1 0.08 or more.
SB223,14,222
(1) Except as provided in subsection (2), this act first applies to offenses
23committed on the effective date of this subsection, but does not preclude the counting
24of other offenses as prior offenses for purposes of administrative action by the
1department of transportation, sentencing by a court or suspending or revoking a
2person's operating privilege.
SB223,14,43
(2) The treatment of section 346.65 (6) (c) of the statutes first applies to vehicles
4seized on the effective date of this subsection.
SB223,14,76
(1)
This act takes effect on the first day of the 4th month beginning after
7publication.