LRB-1529/2
RPN:cmh&kg:lp
1999 - 2000 LEGISLATURE
March 4, 1999 - Introduced by Representatives Goetsch, Brandemuehl, Urban,
Ladwig, M. Lehman, Walker, Ainsworth, Spillner, La Fave, Reynolds, Hoven,
Ziegelbauer, Ryba and
Bock, cosponsored by Senators Roessler and
Huelsman. Referred to Committee on Highway Safety.
AB160,1,3
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:
AB160, s. 1
1Section
1. 346.71 (2g) of the statutes is created to read:
AB160,2,112
346.71
(2g) (a) Any person who drives or operates a motor vehicle upon the
3public highways of this state, or in those areas enumerated in s. 346.61, is deemed
4to have given consent to one or more tests of his or her blood for the purpose of
5determining the presence or quantity in his or her blood of alcohol, controlled
6substances, controlled substance analogs or other drugs, or any combination of
7alcohol, controlled substances, controlled substance analogs and other drugs, when
8requested to do so by a law enforcement officer under this subsection. A person who
9is unconscious or otherwise not capable of giving consent is presumed to have given
10consent to the testing of his or her blood under this subsection. Testing under this
11subsection shall be administered upon the request of a law enforcement officer.
AB160,2,1612
(b) A law enforcement officer at the scene of an accident that involves the
13operation of a motor vehicle shall require that a blood specimen of at least 10 cc. be
14withdrawn from each driver or operator of a motor vehicle involved in the accident
15who was not tested under s. 343.305 (5) if the law enforcement officer knew any of
16the following:
AB160,2,1817
1. That a person died before he or she was removed from the scene of the
18accident as a result of the operation of a motor vehicle involved in the accident.
AB160,2,2019
2. That a person suffered great bodily harm, as defined in s. 939.22 (14), as a
20result of the operation of a motor vehicle involved in the accident.
AB160,3,1021
(c) The blood specimen shall be withdrawn under par. (b) within 3 hours after
22the accident. The coroner or medical examiner, a physician or a qualified person at
23the direction of a physician shall withdraw the blood. The blood so drawn shall be
24forwarded to a laboratory approved by the department of health and family services
25for analysis for the purpose of determining the presence or quantity in the blood of
1alcohol, controlled substances, controlled substance analogs or other drugs, or any
2combination of alcohol, controlled substances, controlled substance analogs and
3other drugs. The laboratory shall notify the law enforcement agency causing the
4blood to be withdrawn of the results of each analysis. The law enforcement agency
5shall place those results in the law enforcement agency's report regarding the
6accident. The laboratory shall send a copy of the results to the department of
7transportation. The department of transportation shall pay the cost of each analysis
8and keep a record of those results to be used for statistical purposes. The department
9of transportation may disseminate and make public the cumulative results of the
10analyses without identifying the individuals involved.
AB160, s. 2
11Section
2. 346.74 (2) of the statutes is amended to read:
AB160,3,1512
346.74
(2) Any person violating s. 346.70 (1), (2) or (3), 346.71
(1), (2) or (3) or
13346.73 may be required to forfeit not less than $40 nor more than $200 for the first
14offense and may be required to forfeit not less than $100 nor more than $500 for the
152nd or subsequent conviction within a year.
AB160, s. 3
16Section
3. 346.74 (2m) of the statutes is created to read:
AB160,3,1817
346.74
(2m) Any person who refuses to allow the withdrawal of his or her blood
18under s. 346.71 (2g) may be required to forfeit not more than $1,000.
AB160,3,2120
(1) This act first applies to accidents occurring on the effective date of this
21subsection.
