LRB-3484/3
RPN:kaf:ijs
1997 - 1998 LEGISLATURE
December 19, 1997 - Introduced by Senators Moen, Weeden, Darling and
Roessler, cosponsored by Representatives Goetsch, Musser, Bock, Plouff,
Gunderson and Albers. Referred to Committee on Judiciary, Campaign
Finance Reform and Consumer Affairs.
SB385,1,4
1An Act to amend 343.30 (1q) (c) 1. (intro.); and
to create 343.30 (1q) (c) 1g. of
2the statutes;
relating to: treatment alternatives for persons who commit
3violations related to driving while under the influence of an intoxicant or other
4drug.
Analysis by the Legislative Reference Bureau
Under current law, if a person is found guilty of operating a motor vehicle while
under the influence of an intoxicant or a controlled substance or a combination of
both or while having a prohibited alcohol concentration (OWI), the court, in addition
to imposing penalties, may order the person to perform community service work or
to visit a site that demonstrates the adverse effects of substance abuse or of OWI.
Currently, the court is also required to order the person to submit to and comply with
an assessment by an approved public treatment facility to determine the person's use
of alcohol or controlled substances. The assessment may result in the person
attending a traffic safety school, a treatment facility or an activity that shows the
effects of the offense on the victim. This bill allows the court, instead of ordering the
person to submit to an assessment and driver safety plan, to order the person to
attend a public treatment facility, a traffic school or an activity that makes the person
aware of the effect of the offense on the victim, or any combination of those
components.
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:
SB385, s. 1
1Section
1. 343.30 (1q) (c) 1. (intro.) of the statutes is amended to read:
SB385,2,92
343.30
(1q) (c) 1. Except as provided in subd. 1. a. or b.
or 1g., the court shall
3order the person to submit to and comply with an assessment by an approved public
4treatment facility as defined in s. 51.45 (2) (c) for examination of the person's use of
5alcohol, controlled substances or controlled substance analogs and development of
6a driver safety plan for the person. The court shall notify the department of
7transportation of the assessment order. The court shall notify the person that
8noncompliance with assessment or the driver safety plan will result in license
9suspension until the person is in compliance. The assessment order shall:
SB385, s. 2
10Section
2. 343.30 (1q) (c) 1g. of the statutes is created to read:
SB385,3,411
343.30
(1q) (c) 1g. Instead of ordering the person to submit to and comply with
12an assessment, the court may order the person to attend a school under s. 345.60, an
13activity that makes him or her aware of the effects of his or her offense on the victim
14or the victim's family or an approved public treatment facility in the county where
15the person resides for treatment of his or her misuse, abuse or dependence on alcohol,
16controlled substances or controlled substance analogs, or any combination of these
17alternatives. The court may order the person to attend the treatment facility, school
18or activity for a period not to exceed the period of the person's license suspension or
19revocation under par. (b). The court shall notify the department of transportation
20of the order. The person shall provide initial verification of compliance with the order
21within 60 days after the date of his or her conviction. The requirement to furnish
1verification of compliance may be satisfied by receipt by the department of such
2verification from the approved public treatment facility or an agency operating the
3school or activity. The court shall notify the person that noncompliance with the
4order will result in license suspension until the person is in compliance.
SB385,3,76
(1) This act first applies to offenses committed on the effective date of this
7subsection.
