AB221, s. 37 13Section 37. 346.65 (6) (a) 1d. of the statutes is created to read:
AB221,18,2014 346.65 (6) (a) 1d. Except as provided in this subdivision, the court may order
15a law enforcement officer to equip with an ignition interlock device a motor vehicle
16owned by the person whose operating privilege is revoked under s. 343.305 (10) or
17who committed a violation of s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09 (1) (a),
18(b), (c) or (d) or 940.25 (1) (a), (b), (c) or (d). The court shall not order a motor vehicle
19equipped with an ignition interlock device if that would result in undue hardship or
20extreme inconvenience or would endanger the health or safety of a person.
AB221, s. 38 21Section 38. 346.65 (6) (a) 2. of the statutes is repealed.
AB221, s. 39 22Section 39. 346.65 (6) (a) 2m. of the statutes is amended to read:
AB221,19,1623 346.65 (6) (a) 2m. A person who owns a motor vehicle subject to seizure,
24equipping with an ignition interlock device or immobilization under this paragraph
25shall surrender to the clerk of circuit court the certificate of title issued under ch. 342

1for every motor vehicle owned by the person. The person shall comply with this
2subdivision within 5 working days after receiving notification of this requirement
3from the district attorney. When a district attorney receives a copy of a notice of
4intent to revoke the operating privilege under s. 343.305 (9) (a) of a person who has
52 or more convictions, suspensions or revocations, as counted under s. 343.307 (1)
,
6or when a district attorney notifies the department of the filing of a criminal
7complaint against a person under s. 342.12 (4) (a), the district attorney shall notify
8the person of the requirement to surrender all certificates of title to the clerk of circuit
9court. The notification shall include the time limits for that surrender, the penalty
10for failure to comply with the requirement and the address of the clerk of circuit
11court. The clerk of circuit court shall promptly return each certificate of title
12surrendered to the clerk of circuit court under this subdivision after stamping the
13certificate of title with the notation "Per section 346.65 (6) of the Wisconsin statutes,
14ownership of this motor vehicle may not be transferred without prior court approval".
15Any person failing to surrender a certificate of title as required under this
16subdivision shall forfeit not more than $500.
AB221, s. 40 17Section 40. 346.65 (6) (c) of the statutes is amended to read:
AB221,20,418 346.65 (6) (c) The district attorney of the county where the motor vehicle was
19seized, or of the county where the owner's operating privilege was revoked under s.
20343.305 (10) or where the owner committed the violation under s. 346.63 (1) (a) or
21(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
22commence an action to forfeit the motor vehicle within 30 days after the motor vehicle
23is seized. The action shall name the owner of the motor vehicle and all lienholders
24of record as parties. The forfeiture action shall be commenced by filing a summons,
25complaint and affidavit of the law enforcement agency with the clerk of circuit court.

1Upon service of an answer, the action shall be set for hearing within 60 days after
2the service of the answer. If no answer is served or no issue of law or fact joined and
3the time for that service or joining of issues has expired, the court may render a
4default judgment as provided in s. 806.02.
AB221, s. 41 5Section 41. 346.65 (6) (d) of the statutes is amended to read:
AB221,20,156 346.65 (6) (d) At the hearing set under par. (c), the state has the burden of
7proving to a reasonable certainty by the greater weight of the credible evidence that
8the motor vehicle is a motor vehicle owned by a person who committed a violation of
9s. 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),
10(b), (c) or (d) and, if the seizure is under par. (a) 1. 1g., that the person had 2 or more
11prior convictions, suspensions or revocations, as counted under s. 343.307 (1) or, if
12the seizure is under par. (a) 2., 3 or more prior convictions, suspensions or
13revocations, as counted under s. 343.307 (1)
. If the ,, (c) or (d) ,, (c) or (d) state fails
14to meet the burden of proof required under this paragraph, the motor vehicle shall
15be returned to the owner upon the payment of storage costs.
AB221, s. 42 16Section 42. 346.93 (2g) of the statutes is created to read:
AB221,20,1817 346.93 (2g) Any person violating this section may be required to forfeit not less
18than $20 nor more than $400 and shall have his or her operating privilege:
AB221,20,1919 (a) For a first violation, suspended under s. 343.30 (6) (b) 1.
AB221,20,2120 (b) For a violation committed within 12 months of a previous violation,
21suspended under s. 343.30 (6) (b) 2.
AB221,20,2322 (c) For a violation committed within 12 months of 2 or more previous violations,
23suspended under s. 343.30 (6) (b) 3.
AB221, s. 43 24Section 43. 346.95 (2) of the statutes is amended to read:
AB221,21,2
1346.95 (2) Any person violating s. 346.89 (1), 346.93 or 346.94 (2), (4) or (7) may
2be required to forfeit not less than $20 nor more than $400.
AB221, s. 44 3Section 44. 938.344 (2) (intro.) of the statutes is amended to read:
AB221,21,74 938.344 (2) (intro.) If a court finds a juvenile committed a violation under s.
5125.07 (4) (b) or 125.09 (2), or a local ordinance that strictly conforms to one of those
6statutes
that statute, the court shall order one or any combination of the following
7penalties:
AB221, s. 45 8Section 45. 938.344 (2) (c) of the statutes is amended to read:
AB221,21,139 938.344 (2) (c) For a violation committed within 12 months of 2 or more
10previous violations, a forfeiture of not more than $500, revocation suspension of the
11juvenile's operating privilege as provided under s. 343.30 (6) (b) 3. or the juvenile's
12participation in a supervised work program or other community service work under
13s. 938.34 (5g).
AB221, s. 46 14Section 46. 938.344 (2b) of the statutes is amended to read:
AB221,21,1715 938.344 (2b) If a court finds a juvenile committed a violation under s. 125.07
16(4) (a) or (b), or a local ordinance which strictly conforms to s. 125.07 (4) (a) or (b), the
17court shall order one or any combination of the following penalties:
AB221,21,2318 (a) For a first violation, a forfeiture of not less than $250 nor more than $500,
19suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 1.

20or the juvenile's participation in a supervised work program or other community
21service work under s. 938.34 (5g). In addition to any penalty imposed under this
22paragraph, the court shall suspend the juvenile's operating privilege as provided in
23s. 343.30 (6) (b) 1.
AB221,22,424 (b) For a violation committed within 12 months of a previous violation, a
25forfeiture of not less than $300 nor more than $500, suspension of the juvenile's

1operating privilege as provided under s. 343.30 (6) (b) 2.
or the juvenile's
2participation in a supervised work program or other community service work under
3s. 938.34 (5g). In addition to any penalty imposed under this paragraph, the court
4shall suspend the juvenile's operating privilege as provided in s. 343.30 (6) (b) 2.
AB221,22,105 (c) For a violation committed within 12 months of 2 or more previous violations,
6a forfeiture of $500, revocation of the juvenile's operating privilege as provided under
7s. 343.30 (6) (b) 3.
or the juvenile's participation in a supervised work program or
8other community service work under s. 938.34 (5g). In addition to any penalty
9imposed under this paragraph, the court shall suspend the juvenile's operating
10privilege as provided in s. 343.30 (6) (b) 3.
AB221, s. 47 11Section 47. 938.344 (2d) (c) of the statutes is amended to read:
AB221,22,1612 938.344 (2d) (c) For a violation committed within 12 months of 2 or more
13previous violations, a forfeiture of $500, revocation suspension of the juvenile's
14operating privilege as provided under s. 343.30 (6) (b) 3. or the juvenile's
15participation in a supervised work program or other community service work under
16s. 938.34 (5g).
AB221, s. 48 17Section 48. 940.09 (1d) of the statutes is renumbered 940.09 (1d) (b).
AB221, s. 49 18Section 49. 940.09 (1d) (a) of the statutes is created to read:
AB221,22,2119 940.09 (1d) (a) If a person commits an offense under sub. (1) (a), (b), (c) or (d),
20the procedure under s. 346.65 (6) may be followed regarding the equipping of a motor
21vehicle owned by the person with an ignition interlock device.
AB221, s. 50 22Section 50. 940.25 (1c) of the statutes is created to read:
AB221,23,823 940.25 (1c) If the person convicted under sub. (1) (a), (b), (c) or (d) had any
24previous suspensions, revocations or convictions that would be counted under s.
25343.307 (1) and had an alcohol concentration of 0.15 to 0.199, the applicable

1maximum fine or imprisonment for the conviction is doubled. If the person convicted
2under sub. (1) (a), (b), (c) or (d) had any previous suspensions, revocations or
3convictions that would be counted under s. 343.307 (1) and had an alcohol
4concentration of 0.20 to 0.249, the applicable maximum fine or imprisonment for the
5conviction is tripled. If the person convicted under sub. (1) (a), (b), (c) or (d) had any
6previous suspensions, revocations or convictions that would be counted under s.
7343.307 (1) and had an alcohol concentration of 0.25 or above, the applicable
8maximum fine or imprisonment for the conviction is quadrupled.
AB221, s. 51 9Section 51. 940.25 (1d) of the statutes is renumbered 940.25 (1d) (b).
AB221, s. 52 10Section 52. 940.25 (1d) (a) of the statutes is created to read:
AB221,23,1311 940.25 (1d) (a) If a person commits an offense under sub. (1) (a), (b), (c) or (d),
12the procedure under s. 346.65 may be followed regarding the equipping of a motor
13vehicle owned by the person with an ignition interlock device.
AB221, s. 53 14Section 53. 971.17 (1) of the statutes is amended to read:
AB221,23,2415 971.17 (1) Commitment period. When a defendant is found not guilty by reason
16of mental disease or mental defect, the court shall commit the person to the
17department of health and family services for a specified period not exceeding
18two-thirds of the maximum term of imprisonment that could be imposed under s.
19973.15 (2) (a) against an offender convicted of the same crime or crimes, including
20imprisonment authorized by ss. 346.65 (2) (f) or (g), (2j) (d) or (3m), 939.62, 939.621,
21939.63, 939.635, 939.64, 939.641, 939.645, 940.09 (1b), 940.25 (1b) and 961.48 and
22other penalty enhancement statutes, as applicable, subject to the credit provisions
23of s. 973.155. If the maximum term of imprisonment is life, the commitment period
24specified by the court may be life, subject to termination under sub. (5).
AB221, s. 54 25Section 54. 1997 Wisconsin Act 84, section 2 is repealed.
AB221, s. 55
1Section 55. 1997 Wisconsin Act 84, section 3 is repealed.
AB221, s. 56 2Section 56. 1997 Wisconsin Act 84, section 4 is repealed.
AB221, s. 57 3Section 57. 1997 Wisconsin Act 84, section 5 is repealed.
AB221, s. 58 4Section 58. 1997 Wisconsin Act 84, section 30 is repealed.
AB221, s. 59 5Section 59. 1997 Wisconsin Act 84, section 31 is repealed.
AB221, s. 60 6Section 60. 1997 Wisconsin Act 84, section 160 is repealed.
AB221, s. 61 7Section 61. 1997 Wisconsin Act 84, section 161 is repealed.
AB221, s. 62 8Section 62. 1997 Wisconsin Act 84, section 162 is repealed.
AB221, s. 63 9Section 63. Initial applicability.
AB221,24,1510 (1) Mandatory operating privilege suspensions. The treatment of sections
11125.07 (4) (bs), (c) and (e) 2. (intro.), 343.30 (6) (b), 346.93 (2g), 346.95 (2) and 938.344
12(2) (intro.) and (c), (2b) and (2d) (c) of the statutes first applies to violations committed
13on the effective date of this subsection, but does not preclude the counting of other
14violations as prior violations for sentencing a person or for suspending or revoking
15a person's operating privilege.
AB221,25,316 (2) Intoxicated driver programs. The treatment of sections 20.395 (5) (er),
1785.55, 340.01 (46m) (b) and (c), 342.12 (4) (a) and (c) 1. (intro.), 343.10 (5) (a) 3. and
18(6) (b), 343.21 (1) (j) 2., 343.30 (1q) (b) 3., 4. and 4p., 343.305 (10) (b) 3. and 4. and
19(10m) (a), 343.31 (3) (bm) 3., 4. and 4p., (c), (e) and (f), 346.65 (2) (b), (c), (d), (e) and
20(g), (2e), (2g) (a) and (6) (a) 1., 1d., 2. and 2m. and (d), 940.09 (1d) (a), 940.25 (1c) and
21(1d) (a) and 971.17 (1) of the statutes, the renumbering of sections 343.305 (10m),
22940.09 (1d) and 940.25 (1d) of the statutes and the renumbering and amendment of
23sections 343.10 (6) and 343.21 (1) (j) of the statutes first apply to violations committed
24or refusals occurring on the effective date of this subsection, but does not preclude
25the counting of other convictions, suspensions or revocations as prior convictions,

1suspensions or revocations for purposes of administrative action by the department
2of transportation, sentencing by a court, revocation or suspension of operating
3privileges or determining the prohibited alcohol concentration.
AB221, s. 64 4Section 64. Effective date.
AB221,25,65 (1) This act takes effect on the first day of the 4th month beginning after
6publication.
AB221,25,77 (End)
Loading...
Loading...