AB221: Bill Text

AB221, s. 33 Section 33. 346.65 (2) (g) of the statutes is created to read:

AB221,16,22 346.65 (2) (g) Shall, if he or she had an alcohol concentration of 0.15 to 0.199, be penalized double the applicable minimum and maximum forfeitures, fines or imprisonments under pars. (b) to (e). If the person had an alcohol concentration of 0.20 to 0.249, he or she shall be penalized triple the applicable minimum and maximum forfeitures, fines or imprisonments under pars. (b) to (e). If the person had an alcohol concentration of 0.25 or above, he or she shall be penalized four times the applicable minimum and maximum forfeitures, fines or imprisonments under pars. (b) to (e). An offense under s. 346.63 (1) that subjects a person to a penalty under par. (c), (d) or (e) when the person had an alcohol concentration of 0.15 or above is a felony and the place of imprisonment shall be determined under s. 973.02. An offense under s. 346.63 (1) that subjects a person to a penalty under par. (b), (c), (d) or (e) when the person had an alcohol concentration of 0.20 or more is a felony and the place of imprisonment shall be determined under s. 973.02.

AB221, s. 34 Section 34. 346.65 (2e) of the statutes is amended to read:

AB221,17,5 346.65 (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) to (g), 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) to (g).

AB221, s. 35 Section 35. 346.65 (2g) (a) of the statutes is amended to read:

AB221,17,23 346.65 (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) (g), 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) to perform community service work for a public agency or a nonprofit charitable organization in addition to the penalties specified under sub. (2). 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.

AB221, s. 36 Section 36. 346.65 (6) (a) 1. of the statutes is renumbered 346.65 (6) (a) 1g. and amended to read:

AB221,18,12 346.65 (6) (a) 1g. Except as provided in this paragraph, the court may order a law enforcement officer to seize a motor vehicle, or, if the motor vehicle is not ordered seized, shall order a law enforcement officer to equip the motor vehicle with an ignition interlock device or immobilize any motor vehicle owned by the person whose operating privilege is revoked under s. 343.305 (10) or who committed a violation of s. 346.63 (1) (a), (b) or (2) (a) 1. or 2., 940.09 (1) (a), (b), (c) or (d) or 940.25 (1) (a), (b), (c) or (d) if the person whose operating privilege is revoked under s. 343.305 (10) or who is convicted of the violation has 2 or more prior suspensions, revocations or convictions that would be counted under s. 343.307 (1). The court shall not order a motor vehicle equipped with an ignition interlock device or immobilized if that would result in undue hardship or extreme inconvenience or would endanger the health and safety of a person.

AB221, s. 37 Section 37. 346.65 (6) (a) 1d. of the statutes is created to read:

AB221,18,20 346.65 (6) (a) 1d. Except as provided in this subdivision, the court may order a law enforcement officer to equip with an ignition interlock device a motor vehicle owned by the person whose operating privilege is revoked under s. 343.305 (10) or who committed a violation of s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09 (1) (a), (b), (c) or (d) or 940.25 (1) (a), (b), (c) or (d). The court shall not order a motor vehicle equipped with an ignition interlock device if that would result in undue hardship or extreme inconvenience or would endanger the health or safety of a person.

AB221, s. 38 Section 38. 346.65 (6) (a) 2. of the statutes is repealed.

AB221, s. 39 Section 39. 346.65 (6) (a) 2m. of the statutes is amended to read:

AB221,19,16 346.65 (6) (a) 2m. A person who owns a motor vehicle subject to seizure, equipping with an ignition interlock device or immobilization under this paragraph shall surrender to the clerk of circuit court the certificate of title issued under ch. 342 for every motor vehicle owned by the person. The person shall comply with this subdivision within 5 working days after receiving notification of this requirement from the district attorney. When a district attorney receives a copy of a notice of intent to revoke the operating privilege under s. 343.305 (9) (a) of a person who has 2 or more convictions, suspensions or revocations, as counted under s. 343.307 (1), or when a district attorney notifies the department of the filing of a criminal complaint against a person under s. 342.12 (4) (a), the district attorney shall notify the person of the requirement to surrender all certificates of title to the clerk of circuit court. The notification shall include the time limits for that surrender, the penalty for failure to comply with the requirement and the address of the clerk of circuit court. The clerk of circuit court shall promptly return each certificate of title surrendered to the clerk of circuit court under this subdivision after stamping the certificate of title with the notation "Per section 346.65 (6) of the Wisconsin statutes, ownership of this motor vehicle may not be transferred without prior court approval". Any person failing to surrender a certificate of title as required under this subdivision shall forfeit not more than $500.

AB221, s. 40 Section 40. 346.65 (6) (c) of the statutes is amended to read:

AB221,20,4 346.65 (6) (c) The district attorney of the county where the motor vehicle was seized, or of the county where the owner's operating privilege was revoked under s. 343.305 (10) or where the owner committed the violation under s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09 (1) (a), (b), (c) or (d) or 940.25 (1) (a), (b), (c) or (d), shall commence an action to forfeit the motor vehicle within 30 days after the motor vehicle is seized. The action shall name the owner of the motor vehicle and all lienholders of record as parties. The forfeiture action shall be commenced by filing a summons, complaint and affidavit of the law enforcement agency with the clerk of circuit court. Upon service of an answer, the action shall be set for hearing within 60 days after the service of the answer. If no answer is served or no issue of law or fact joined and the time for that service or joining of issues has expired, the court may render a default judgment as provided in s. 806.02.

AB221, s. 41 Section 41. 346.65 (6) (d) of the statutes is amended to read:

AB221,20,15 346.65 (6) (d) At the hearing set under par. (c), the state has the burden of proving to a reasonable certainty by the greater weight of the credible evidence that the motor vehicle is a motor vehicle owned by a person who committed a violation of s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09 (1) (a), (b), (c) or (d) or 940.25 (1) (a), (b), (c) or (d) and, if the seizure is under par. (a) 1. 1g., that the person had 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1) or, if the seizure is under par. (a) 2., 3 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1). If the ,, (c) or (d) ,, (c) or (d) state fails to meet the burden of proof required under this paragraph, the motor vehicle shall be returned to the owner upon the payment of storage costs.

AB221, s. 42 Section 42. 346.93 (2g) of the statutes is created to read:

AB221,20,18 346.93 (2g) Any person violating this section may be required to forfeit not less than $20 nor more than $400 and shall have his or her operating privilege:

AB221,20,19 (a) For a first violation, suspended under s. 343.30 (6) (b) 1.

AB221,20,21 (b) For a violation committed within 12 months of a previous violation, suspended under s. 343.30 (6) (b) 2.

AB221,20,23 (c) For a violation committed within 12 months of 2 or more previous violations, suspended under s. 343.30 (6) (b) 3.

AB221, s. 43 Section 43. 346.95 (2) of the statutes is amended to read:

AB221,21,2 346.95 (2) Any person violating s. 346.89 (1), 346.93 or 346.94 (2), (4) or (7) may be required to forfeit not less than $20 nor more than $400.

AB221, s. 44 Section 44. 938.344 (2) (intro.) of the statutes is amended to read:

AB221,21,7 938.344 (2) (intro.) If a court finds a juvenile committed a violation under s. 125.07 (4) (b) or 125.09 (2), or a local ordinance that strictly conforms to one of those statutes that statute, the court shall order one or any combination of the following penalties:

AB221, s. 45 Section 45. 938.344 (2) (c) of the statutes is amended to read:

AB221,21,13 938.344 (2) (c) For a violation committed within 12 months of 2 or more previous violations, a forfeiture of not more than $500, revocation suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 3. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g).

AB221, s. 46 Section 46. 938.344 (2b) of the statutes is amended to read:

AB221,21,17 938.344 (2b) If a court finds a juvenile committed a violation under s. 125.07 (4) (a) or (b), or a local ordinance which strictly conforms to s. 125.07 (4) (a) or (b), the court shall order one or any combination of the following penalties:

AB221,21,23 (a) For a first violation, a forfeiture of not less than $250 nor more than $500, suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 1. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g). In addition to any penalty imposed under this paragraph, the court shall suspend the juvenile's operating privilege as provided in s. 343.30 (6) (b) 1.

AB221,22,4 (b) For a violation committed within 12 months of a previous violation, a forfeiture of not less than $300 nor more than $500, suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 2. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g). In addition to any penalty imposed under this paragraph, the court shall suspend the juvenile's operating privilege as provided in s. 343.30 (6) (b) 2.

AB221,22,10 (c) For a violation committed within 12 months of 2 or more previous violations, a forfeiture of $500, revocation of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 3. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g). In addition to any penalty imposed under this paragraph, the court shall suspend the juvenile's operating privilege as provided in s. 343.30 (6) (b) 3.

AB221, s. 47 Section 47. 938.344 (2d) (c) of the statutes is amended to read:

AB221,22,16 938.344 (2d) (c) For a violation committed within 12 months of 2 or more previous violations, a forfeiture of $500, revocation suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 3. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g).

AB221, s. 48 Section 48. 940.09 (1d) of the statutes is renumbered 940.09 (1d) (b).

AB221, s. 49 Section 49. 940.09 (1d) (a) of the statutes is created to read:

AB221,22,21 940.09 (1d) (a) If a person commits an offense under sub. (1) (a), (b), (c) or (d), 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.

AB221, s. 50 Section 50. 940.25 (1c) of the statutes is created to read:

AB221,23,8 940.25 (1c) If the person convicted under sub. (1) (a), (b), (c) or (d) had any previous suspensions, revocations or convictions that would be counted under s. 343.307 (1) and had an alcohol concentration of 0.15 to 0.199, the applicable maximum fine or imprisonment for the conviction is doubled. If the person convicted under sub. (1) (a), (b), (c) or (d) had any previous suspensions, revocations or convictions that would be counted under s. 343.307 (1) and had an alcohol concentration of 0.20 to 0.249, the applicable maximum fine or imprisonment for the conviction is tripled. If the person convicted under sub. (1) (a), (b), (c) or (d) had any previous suspensions, revocations or convictions that would be counted under s. 343.307 (1) and had an alcohol concentration of 0.25 or above, the applicable maximum fine or imprisonment for the conviction is quadrupled.

AB221, s. 51 Section 51. 940.25 (1d) of the statutes is renumbered 940.25 (1d) (b).

AB221, s. 52 Section 52. 940.25 (1d) (a) of the statutes is created to read:

AB221,23,13 940.25 (1d) (a) If a person commits an offense under sub. (1) (a), (b), (c) or (d), the procedure under s. 346.65 may be followed regarding the equipping of a motor vehicle owned by the person with an ignition interlock device.

AB221, s. 53 Section 53. 971.17 (1) of the statutes is amended to read:

AB221,23,24 971.17 (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) or (g), (2j) (d) or (3m), 939.62, 939.621, 939.63, 939.635, 939.64, 939.641, 939.645, 940.09 (1b), 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).

AB221, s. 54 Section 54. 1997 Wisconsin Act 84, section 2 is repealed.

AB221, s. 55 Section 55. 1997 Wisconsin Act 84, section 3 is repealed.

AB221, s. 56 Section 56. 1997 Wisconsin Act 84, section 4 is repealed.

AB221, s. 57 Section 57. 1997 Wisconsin Act 84, section 5 is repealed.

AB221, s. 58 Section 58. 1997 Wisconsin Act 84, section 30 is repealed.

AB221, s. 59 Section 59. 1997 Wisconsin Act 84, section 31 is repealed.

AB221, s. 60 Section 60. 1997 Wisconsin Act 84, section 160 is repealed.

AB221, s. 61 Section 61. 1997 Wisconsin Act 84, section 161 is repealed.

AB221, s. 62 Section 62. 1997 Wisconsin Act 84, section 162 is repealed.

AB221, s. 63 Section 63. Initial applicability.

AB221,24,15 (1) Mandatory operating privilege suspensions. The treatment of sections 125.07 (4) (bs), (c) and (e) 2. (intro.), 343.30 (6) (b), 346.93 (2g), 346.95 (2) and 938.344 (2) (intro.) and (c), (2b) and (2d) (c) of the statutes first applies to violations committed on the effective date of this subsection, but does not preclude the counting of other violations as prior violations for sentencing a person or for suspending or revoking a person's operating privilege.

AB221,25,3 (2) Intoxicated driver programs. The treatment of sections 20.395 (5) (er), 85.55, 340.01 (46m) (b) and (c), 342.12 (4) (a) and (c) 1. (intro.), 343.10 (5) (a) 3. and (6) (b), 343.21 (1) (j) 2., 343.30 (1q) (b) 3., 4. and 4p., 343.305 (10) (b) 3. and 4. and (10m) (a), 343.31 (3) (bm) 3., 4. and 4p., (c), (e) and (f), 346.65 (2) (b), (c), (d), (e) and (g), (2e), (2g) (a) and (6) (a) 1., 1d., 2. and 2m. and (d), 940.09 (1d) (a), 940.25 (1c) and (1d) (a) and 971.17 (1) of the statutes, the renumbering of sections 343.305 (10m), 940.09 (1d) and 940.25 (1d) of the statutes and the renumbering and amendment of sections 343.10 (6) and 343.21 (1) (j) of the statutes first apply to violations committed or refusals occurring on the effective date of this subsection, but does not preclude the counting of other convictions, suspensions or revocations as prior convictions, suspensions or revocations for purposes of administrative action by the department of transportation, sentencing by a court, revocation or suspension of operating privileges or determining the prohibited alcohol concentration.

AB221, s. 64 Section 64. Effective date.

AB221,25,6 (1) This act takes effect on the first day of the 4th month beginning after publication.

AB221,25,7 (End)