SB379: Bill Text

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB379, s. 1 Section 1. 343.10 (5) (b) of the statutes is amended to read:

SB379,3,3 343.10 (5) (b) Limitations. Occupational licenses are subject to the limitations specified in ss. 343.30 (1q) (b), (bm) and (h), 343.305 (8) (d) and (10) (b) and (em), 343.31 (3m), 343.32 (1m) and 767.303 and 961.50.

SB379, s. 2 Section 2. 343.30 (1q) (b) (intro.) of the statutes is amended to read:

SB379,3,6 343.30 (1q) (b) (intro.) For persons convicted under s. 346.63 (1) or a local ordinance in conformity therewith whose alcohol concentration is less than 0.18:

SB379, s. 3 Section 3. 343.30 (1q) (bm) of the statutes is created to read:

SB379,3,9 343.30 (1q) (bm) For persons convicted under s. 346.63 (1) or a local ordinance in conformity therewith whose alcohol concentration is 0.18 or greater:

SB379,3,16 1. The court shall suspend or revoke the person's operating privilege under this paragraph according to the number of previous suspensions, revocations or convictions that would be counted under s. 343.307 (1). Suspensions, revocations and convictions arising out of the same incident shall be counted as one. If a person has a conviction, suspension or revocation for any offense that is counted under s. 343.307 (1), that conviction, suspension or revocation shall count as a prior conviction, suspension or revocation under this subdivision.

SB379,3,21 2. Except as provided in subd. 4., for the first conviction, the court shall revoke the person's operating privilege for not less than one year nor more than 18 months. After the first 60 days of the revocation period, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan ordered under par. (c).

SB379,4,2 3. Except as provided in subd. 4., if the number of convictions, suspensions and revocations within a 10-year period equals 2 or more, the court shall revoke the person's operating privilege for not less than 2 years nor more than 3 years. After the first 90 days of the revocation period, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan ordered under par. (c).

SB379,4,6 4. If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under s. 346.63 (1) or a local ordinance in conformity with s. 346.63 (1), the applicable minimum and maximum revocation periods under subd. 2. or 3. for the conviction are doubled.

SB379,4,9 5. The 10-year period under this paragraph shall be measured from the dates of the refusals or violations which resulted in the suspensions, revocations or convictions.

SB379, s. 4 Section 4. 343.305 (10) (b) 3. of the statutes is amended to read:

SB379,4,16 343.305 (10) (b) 3. Except as provided in subd. 4m., if the number of convictions, suspensions and revocations in a 5-year period equals 2, the court shall revoke the person's operating privilege for not less than 2 years nor more than 3 years. After the first 90 days of the revocation period, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan.

SB379, s. 5 Section 5. 343.305 (10) (em) of the statutes is amended to read:

SB379,5,3 343.305 (10) (em) One penalty for improperly refusing to submit to a test for intoxication regarding a person arrested for a violation of s. 346.63 (2m) or (7) or a local ordinance in conformity therewith is revocation of the person's operating privilege for 6 months. If there was a minor passenger under 16 years of age in the motor vehicle at the time of the incident that gave rise to the improper refusal, the revocation period is 12 months. After the first 15 days of the revocation period, the person is eligible for an occupational license under s. 343.10. Any such improper refusal or revocation for the refusal does not count as a prior refusal or a prior revocation under this section or ss. 343.30 (1q), 343.307 and 346.65 (2) and (2bg). The person shall not be required to submit to and comply with any assessment or driver safety plan under pars. (c) and (d).

SB379, s. 6 Section 6. 343.307 (1) (intro.) of the statutes is amended to read:

SB379,5,7 343.307 (1) (intro.) The court shall count the following to determine the length of a revocation or suspension under s. 343.30 (1q) (b) or (bm) and to determine the penalty under s. 346.65 (2) or (2bg):

SB379, s. 7 Section 7. 343.307 (3) of the statutes is amended to read:

SB379,5,15 343.307 (3) If the same elements of the offense must be proven under a local ordinance or under a law of a federally recognized American Indian tribe or band in this state as under s. 346.63 (1) (a) or (b) or both, or s. 346.63 (5), the local ordinance or the law of a federally recognized American Indian tribe or band in this state shall be considered to be in conformity with s. 346.63 (1) (a) or (b) or both, or s. 346.63 (5), for purposes of ss. 343.30 (1q) (b) 1. and (bm) 1., 343.305 (10) (b) 1. and 346.65 (2), (2bg) and (2j).

SB379, s. 8 Section 8. 343.31 (3) (bm) (intro.) of the statutes is amended to read:

SB379,5,19 343.31 (3) (bm) (intro.) For any person convicted under a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63 (1) whose alcohol concentration is less than 0.18:

SB379, s. 9 Section 9. 343.31 (3) (br) of the statutes is created to read:

SB379,5,23 343.31 (3) (br) For any person convicted under a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63 (1) whose alcohol concentration is 0.18 or greater:

SB379,6,5 1. The department shall suspend or revoke the person's operating privilege under this paragraph according to the number of previous suspensions, revocations or convictions that would be counted under s. 343.307 (1). Suspensions, revocations and convictions arising out of the same incident shall be counted as one. If a person has a conviction, suspension or revocation for any offense that is counted under s. 343.307 (1), that conviction, suspension or revocation shall count as a prior conviction, suspension or revocation under this subdivision.

SB379,6,12 2. Except as provided in subd. 4., for the first conviction, the department shall revoke the person's operating privilege for not less than one year nor more than 18 months. If an Indian tribal court in this state revokes the person's privilege to operate a motor vehicle on tribal lands for not less than one year nor more than 18 months for the conviction specified in par. (br) (intro.), the department shall impose the same period of revocation. After the first 60 days of the revocation period, the person is eligible for an occupational license under s. 343.10.

SB379,6,20 3. Except as provided in subd. 4., if the number of suspensions, revocations and convictions within a 10-year period equals 2 or more, the department shall revoke the person's operating privilege for not less than 2 years nor more than 3 years. If an Indian tribal court in this state revokes the person's privilege to operate a motor vehicle on tribal lands for not less than 2 years nor more than 3 years for the conviction specified in par. (br) (intro.), the department shall impose the same period of revocation. After the first 90 days of the revocation period, the person is eligible for an occupational license under s. 343.10.

SB379,6,24 4. If the Indian tribal court that convicted the person determined that there was a minor passenger under 16 years of age in the motor vehicle at the time of the incident that gave rise to the conviction, the applicable minimum and maximum suspension or revocation periods under subd. 2. or 3. for the conviction are doubled.

SB379,7,3 5. The 10-year period under this paragraph shall be measured from the dates of the refusals or violations which resulted in the suspensions, revocations or convictions.

SB379, s. 10 Section 10. 346.65 (2) (intro.) of the statutes is amended to read:

SB379,7,6 346.65 (2) (intro.) Any person violating s. 346.63 (1) whose alcohol concentration is less than 0.18:

SB379, s. 11 Section 11. 346.65 (2bg) of the statutes is created to read:

SB379,7,9 346.65 (2bg) Any person violating s. 346.63 (1) whose alcohol concentration is 0.18 or greater:

SB379,7,11 (a) Except as provided in par. (e), shall be fined not less than $300 nor more than $1,000 and imprisoned for not less than 5 days nor more than 6 months.

SB379,7,16 (b) Except as provided in par. (e), shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 30 days nor more than one year in the county jail if the total number of suspensions, revocations and convictions counted under s. 343.307 (1) equals 2 in a 10-year period, except that suspensions, revocations or convictions arising out of the same incident or occurrence shall be counted as one.

SB379,7,22 (c) Except as provided in par. (e), shall be fined not less than $1,000 nor more than $2,500 and imprisoned for not less than 60 days nor more than one year in the county jail if the total number of suspensions, revocations and convictions counted under s. 343.307 (1) equals 3 in a 10-year period, except that suspensions, revocations or convictions arising out of the same incident or occurrence shall be counted as one.

SB379,8,3 (d) Except as provided in par. (e), shall be fined not less than $1,000 nor more than $3,000 and imprisoned for not less than 6 months nor more than one year in the county jail if the total number of suspensions, revocations and convictions counted under s. 343.307 (1) equals 4 or more in a 10-year period, except that suspensions, revocations or convictions arising out of the same incident or occurrence shall be counted as one.

SB379,8,10 (e) If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under s. 346.63 (1), the applicable minimum and maximum fines or imprisonment under pars. (a), (b), (c) and (d) for the conviction are doubled. An offense under s. 346.63 (1) that subjects a person to a penalty under par. (b), (c) or (d) when there is a minor passenger under 16 years of age in the motor vehicle is a felony and the place of imprisonment shall be determined under s. 973.02.

SB379, s. 12 Section 12. 346.65 (2c) of the statutes is amended to read:

SB379,8,18 346.65 (2c) In sub. subs. (2) (b) to (e) and (2bg) (b) to (d), the 5-year or 10-year period shall be measured from the dates of the refusals or violations that resulted in the revocation or convictions. If a person has a suspension, revocation or conviction for any offense under a local ordinance or a state statute of another state that would be counted under s. 343.307 (1), that suspension, revocation or conviction shall count as a prior suspension, revocation or conviction under sub. subs. (2) (b) to (e) and (2bg) (b) to (d).

SB379, s. 13 Section 13. 346.65 (2e) of the statutes is amended to read:

SB379,9,2 346.65 (2e) If the court determines that a person does not have the ability to pay the costs and fine or forfeiture imposed under sub. (2) (a), (b), (c), (d), (e) or (f) or (2bg), the court may reduce the costs, fine and forfeiture imposed and order the person to pay, toward the cost of the assessment and driver safety plan imposed under s. 343.30 (1q) (c), the difference between the amount of the reduced costs and fine or forfeiture and the amount of costs and fine or forfeiture imposed under sub. (2) (a), (b), (c), (d), (e) or (f) or (2bg).

SB379, s. 14 Section 14. 346.65 (2g) (a) of the statutes is amended to read:

SB379,9,20 346.65 (2g) (a) In addition to the authority of the court under s. 973.05 (3) (a) to provide that a defendant perform community service work for a public agency or a nonprofit charitable organization in lieu of part or all of a fine imposed under sub. (2) (b) to (f) or (2bg) (a) to (e), the court may provide that a defendant perform community service work for a public agency or a nonprofit charitable organization in lieu of part or all of a forfeiture under sub. (2) (a) or may require a person who is subject to sub. (2) or (2bg) to perform community service work for a public agency or a nonprofit charitable organization in addition to the penalties specified under sub. (2) or (2bg). Notwithstanding s. 973.05 (3) (b), an order may only apply if agreed to by the organization or agency. The court shall ensure that the defendant is provided a written statement of the terms of the community service order and that the community service order is monitored. Any organization or agency acting in good faith to which a defendant is assigned pursuant to an order under this subsection has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the defendant. The issuance or possibility of the issuance of a community service order under this subsection does not entitle an indigent defendant who is subject to sub. (2) (a) to representation by counsel under ch. 977.

SB379, s. 15 Section 15. 346.65 (2i) of the statutes is amended to read:

SB379,9,25 346.65 (2i) In addition to the authority of the court under sub. (2g) and s. 973.05 (3) (a), the court may order a defendant subject to sub. (2) or (2bg), or a defendant subject to s. 973.05 (3) (a) who violated s. 346.63 (2), 940.09 (1) or 940.25, to visit a site that demonstrates the adverse effects of substance abuse or of operating a vehicle while under the influence of an intoxicant or other drug, including an alcoholism treatment facility approved under s. 51.45 or an emergency room of a general hospital in lieu of part or all of any forfeiture imposed or in addition to any penalty imposed. The court may order the defendant to pay a reasonable fee, based on the person's ability to pay, to offset the costs of establishing, maintaining and monitoring the visits ordered under this subsection. The court may order a visit to the site only if agreed to by the person responsible for the site. If the opportunities available to visit sites under this subsection are fewer than the number of defendants eligible for a visit, the court shall, when making an order under this subsection, give preference to defendants who were under 21 years of age at the time of the offense. The court shall ensure that the visit is monitored. A visit to a site may be ordered for a specific time and a specific day to allow the defendant to observe victims of vehicle accidents involving intoxicated drivers. If it appears to the court that the defendant has not complied with the court order to visit a site or to pay a reasonable fee, the court may order the defendant to show cause why he or she should not be held in contempt of court. Any organization or agency acting in good faith to which a defendant is assigned pursuant to an order under this subsection has immunity from any civil liability in excess of $25,000 for acts or omissions by or impacting on the defendant. The issuance or possibility of the issuance of an order under this subsection does not entitle an indigent defendant who is subject to sub. (2) (a) to representation by counsel under ch. 977.

SB379, s. 16 Section 16. 346.65 (2m) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

SB379,11,6 346.65 (2m) (a) In imposing a sentence under sub. (2), (2bg) or (2j) for a violation of s. 346.63 (1) (b) or (5) or a local ordinance in conformity therewith, the court shall review the record and consider the aggravating and mitigating factors in the matter. If the level of the person's blood alcohol level is known, the court shall consider that level as a factor in sentencing. The chief judge of each judicial administrative district shall adopt guidelines, under the chief judge's authority to adopt local rules under SCR 70.34, for the consideration of aggravating and mitigating factors.

SB379, s. 17 Section 17. 346.65 (2m) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

SB379,11,10 346.65 (2m) (b) The court shall consider a report submitted under s. 85.53 (2) (d) when imposing a sentence under sub. (2), (2bg), (2j), (2q) or (3m).

SB379, s. 18 Section 18. 346.65 (7) of the statutes is amended to read:

SB379,11,14 346.65 (7) A person convicted under sub. (2) (b), (c), (d) or (e), (2bg) or (2j) (b) or (c) shall be required to remain in the county jail for not less than a 48-consecutive-hour period.

SB379, s. 19 Section 19. 971.17 (1) of the statutes is amended to read:

SB379,12,2 971.17 (1) Commitment period. When a defendant is found not guilty by reason of mental disease or mental defect, the court shall commit the person to the department of health and family services for a specified period not exceeding two-thirds of the maximum term of imprisonment that could be imposed under s. 973.15 (2) (a) against an offender convicted of the same crime or crimes, including imprisonment authorized by ss. 346.65 (2) (f), (2bg) (e), (2j) (d) or (3m), 939.62, 939.621, 939.63, 939.635, 939.64, 939.641, 939.645, 940.09 (1b) and 940.25 (1b) and 961.48 and other penalty enhancement statutes, as applicable, subject to the credit provisions of s. 973.155. If the maximum term of imprisonment is life, the commitment period specified by the court may be life, subject to termination under sub. (5).

SB379, s. 20 Section 20. Initial applicability.

SB379,12,8 (1) This act first applies to offenses committed on the effective date of this subsection, but does not preclude the counting of other violations as prior convictions, suspensions or revocations for purposes of administrative action by the department of transportation, sentencing by a court or revocation or suspension of operating privileges.

SB379, s. 21 Section 21. Effective date.

SB379,12,11 (1) This act takes effect on the first day of the 3rd month beginning after publication.

SB379,12,12 (End)