AB221: Bill Text

AB221, s. 3 Section 3. 125.07 (4) (bs) of the statutes is amended to read:

AB221,5,10 125.07 (4) (bs) Any person violating par. (a) is subject to the following penalties shall be penalized as follows:

AB221,5,15 1. For a first violation, the person's operating privilege shall be suspended under s. 343.30 (6) (b) 1. In addition, the person is subject to a forfeiture of not less than $250 nor more than $500, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 1., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB221,5,21 2. For a violation committed within 12 months of a previous violation, the person's operating privilege shall be suspended under s. 343.30 (6) (b) 2. In addition, the person is subject to either a forfeiture of not less than $300 nor more than $500, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 2., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB221,6,2 3. For a violation committed within 12 months of 2 previous violations, the person's operating privilege shall be suspended under s. 343.30 (6) (b) 3. In addition, the person is subject to either a forfeiture of not less than $500 nor more than $750, revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB221,6,8 4. For a violation committed within 12 months of 3 or more previous violations, the person's operating privilege shall be suspended under s. 343.30 (6) (b) 3. In addition, the person is subject to either a forfeiture of not less than $750 nor more than $1,000, revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB221, s. 4 Section 4. 125.07 (4) (c) of the statutes is amended to read:

AB221,6,11 125.07 (4) (c) Any person violating par. (b) is subject to the following penalties shall be penalized as follows:

AB221,6,16 1. For a first violation, the person's operating privilege shall be suspended under s. 343.30 (6) (b) 1. In addition, the person is subject to a forfeiture of not less than $100 nor more than $200, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 1., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB221,6,22 2. For a violation committed within 12 months of a previous violation, the person's operating privilege shall be suspended under s. 343.30 (6) (b) 2. In addition, the person is subject to either a forfeiture of not less than $200 nor more than $300, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 2., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB221,7,3 3. For a violation committed within 12 months of 2 previous violations, the person's operating privilege shall be suspended under s. 343.30 (6) (b) 3. In addition, the person is subject to either a forfeiture of not less than $300 nor more than $500, revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB221,7,9 4. For a violation committed within 12 months of 3 or more previous violations, the person's operating privilege shall be suspended under s. 343.30 (6) (b) 3. In addition, the person is subject to either a forfeiture of not less than $500 nor more than $1,000, revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation in a supervised work program or other community service work under par. (cg) or any combination of these penalties.

AB221, s. 5 Section 5. 125.07 (4) (e) 2. (intro.) of the statutes is amended to read:

AB221,7,16 125.07 (4) (e) 2. (intro.) After ordering a penalty under par. (bs) or (c), the court, with the agreement of the defendant, may enter an additional order staying the execution of the penalty order and suspending or modifying the penalty imposed, except that the court may not stay, suspend or modify the suspension of a person's operating privilege required under par. (bs) or (c). The order under this subdivision shall require the defendant to do any of the following:

AB221, s. 6 Section 6. 340.01 (46m) (b) of the statutes is amended to read:

AB221,7,19 340.01 (46m) (b) If the person has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), an alcohol concentration of 0.08 or more.

AB221, s. 7 Section 7. 340.01 (46m) (c) of the statutes is created to read:

AB221,7,23 340.01 (46m) (c) If the person has 3 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), an alcohol concentration of more than 0.02.

AB221, s. 8 Section 8. 342.12 (4) (a) of the statutes is amended to read:

AB221,8,8 342.12 (4) (a) The district attorney shall notify the department when he or she files a criminal complaint against a person who has been arrested for violating s. 346.63 (1) or (2), 940.09 (1) or 940.25 and who has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1). Except as provided under par. (c), the department may not issue a certificate of title transferring ownership of any motor vehicle owned by the person upon receipt of a notice under this subsection until the court assigned to hear the criminal complaint issues an order permitting the department to issue a certificate of title.

AB221, s. 9 Section 9. 342.12 (4) (c) 1. (intro.) of the statutes is amended to read:

AB221,8,15 342.12 (4) (c) 1. (intro.) The department shall issue a certificate of title transferring ownership of a motor vehicle that was owned by a person who has received a notice of intent to revoke the person's operating privilege under s. 343.305 (9) (a) or has been arrested for violating s. 346.63 (1) or (2), 940.09 (1) or 940.25 and who has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), if all of the following conditions are met:

AB221, s. 10 Section 10. 343.10 (5) (a) 3. of the statutes is amended to read:

AB221,9,5 343.10 (5) (a) 3. If the applicant has 2 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), the The occupational license of the applicant shall restrict the applicant's operation under the occupational license to vehicles that are equipped with a functioning ignition interlock device if the court has ordered under s. 346.65 (6) (a) 1. 1d. or 1g. that a motor vehicle owned by the person be equipped with an ignition interlock device. A person to whom a restriction under this subdivision applies violates that restriction if he or she requests or permits another to blow into an ignition interlock device or to start a motor vehicle equipped with an ignition interlock device for the purpose of providing the person an operable motor vehicle without the necessity of first submitting a sample of his or her breath to analysis by the ignition interlock device. If the occupational license restricts the applicant's operation to a vehicle that is equipped with an ignition interlock device, the applicant shall be liable for the reasonable costs of equipping the vehicle with the ignition interlock device.

AB221, s. 11 Section 11. 343.10 (6) of the statutes is renumbered 343.10 (6) (a) and amended to read:

AB221,9,10 343.10 (6) (a) No Except as provided in par. (b), no person may file an application for an occupational license under sub. (1) unless he or she first pays a fee of $40 to the department.

AB221, s. 12 Section 12. 343.10 (6) (b) of the statutes is created to read:

AB221,9,16 343.10 (6) (b) No person whose operating privilege is restricted to operating only vehicles equipped with an ignition interlock device may file an application for an occupational license under sub. (1) unless he or she first pays a fee of $70 to the department. Forty-three percent of the fees collected under this paragraph shall be credited to the appropriation account under s. 20.395 (5) (er).

AB221, s. 13 Section 13. 343.21 (1) (j) of the statutes is renumbered 343.21 (1) (j) 1. and amended to read:

AB221,9,20 343.21 (1) (j) 1. For Except as provided in subd. 2., for reinstatement of an operating privilege previously revoked or suspended, $50.

AB221, s. 14 Section 14. 343.21 (1) (j) 2. of the statutes is created to read:

AB221,9,25 343.21 (1) (j) 2. For reinstatement of an operating privilege previously revoked or suspended, $80 if the person's operating privilege is restricted under s. 343.38 (5) to operating vehicles equipped with an ignition interlock device and the person has not paid a fee under s. 343.10 (6) (b) within the past 2 years. Thirty-eight percent of the fees collected under this subdivision shall be credited to the appropriation under s. 20.395 (5) (er).

AB221, s. 15 Section 15. 343.30 (1q) (b) 3. of the statutes is amended to read:

AB221,10,9 343.30 (1q) (b) 3. Except as provided in subd. 4m. or 4p., if the number of convictions, suspensions and revocations within a 10-year period equals 2, 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).

AB221, s. 16 Section 16. 343.30 (1q) (b) 4. of the statutes is amended to read:

AB221,10,16 343.30 (1q) (b) 4. Except as provided in subd. 4m. or 4p., if the number of convictions, suspensions and revocations equals 3 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).

AB221, s. 17 Section 17. 343.30 (1q) (b) 4p. of the statutes is created to read:

AB221,11,2 343.30 (1q) (b) 4p. If he or she had an alcohol concentration of 0.15 to 0.199, the applicable minimum and maximum suspension or revocation periods under subd. 3. or 4. for the conviction are doubled. If the person convicted under s. 346.63 (1) or a local ordinance in conformity with s. 346.63 (1) had an alcohol concentration of 0.20 to 0.249, the applicable minimum and maximum suspension or revocation periods under subd. 3. or 4. for the conviction are tripled. If the person convicted under s. 346.63 (1) or a local ordinance in conformity with s. 346.63 (1) had an alcohol concentration of 0.25 or above, the applicable minimum and maximum suspension or revocation periods under subd. 3. or 4. for the conviction are quadrupled.

AB221, s. 18 Section 18. 343.30 (6) (b) of the statutes is amended to read:

AB221,11,6 343.30 (6) (b) If Whenever a court imposes suspension or revocation of a person's operating privilege under s. 125.07 (4) (bs) or (c) or 938.344 (2), (2b) or (2d), the suspension or revocation imposed shall be one of the following:

AB221,11,8 1. For a first violation, suspension for 30 to 90 days not less than 6 months nor more than one year.

AB221,11,10 2. For a violation committed within 12 months of a previous violation, suspension for not more less than one year nor more than 18 months.

AB221,11,12 3. For a violation committed within 12 months of 2 or more previous violations, revocation suspension for not more less than 2 years nor more than 5 years.

AB221, s. 19 Section 19. 343.305 (10) (b) 3. of the statutes is amended to read:

AB221,11,19 343.305 (10) (b) 3. Except as provided in subd. 4m., if the number of convictions, suspensions and revocations within a 10-year period equals 2, the court shall revoke the person's operating privilege for not less than 2 years nor more than 6 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.

AB221, s. 20 Section 20. 343.305 (10) (b) 4. of the statutes is amended to read:

AB221,12,2 343.305 (10) (b) 4. Except as provided in subd. 4m., if the number of convictions, suspensions and revocations equals 3 or more, the court shall revoke the person's operating privilege for not less than 3 years nor more than 12 years. After the first 120 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.

AB221, s. 21 Section 21. 343.305 (10m) of the statutes is renumbered 343.305 (10m) (b).

AB221, s. 22 Section 22. 343.305 (10m) (a) of the statutes is created to read:

AB221,12,7 343.305 (10m) (a) If the person's operating privilege is revoked under sub. (10), the procedure under s. 346.65 (6) shall be followed regarding the equipping of a motor vehicle owned by the person with an ignition interlock device.

AB221, s. 23 Section 23. 343.31 (3) (bm) 3. of the statutes is amended to read:

AB221,12,16 343.31 (3) (bm) 3. Except as provided in subd. 4m. or 4p., if the number of suspensions, revocations and convictions within a 10-year period equals 2, 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. (bm) (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.

AB221, s. 24 Section 24. 343.31 (3) (bm) 4. of the statutes is amended to read:

AB221,12,25 343.31 (3) (bm) 4. Except as provided in subd. 4m. or 4p., if the number of suspensions, revocations and convictions equals 3 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. (bm) (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.

AB221, s. 25 Section 25. 343.31 (3) (bm) 4p. of the statutes is created to read:

AB221,13,11 343.31 (3) (bm) 4p. If he or she had an alcohol concentration of 0.15 to 0.199, the applicable minimum and maximum suspension or revocation periods under subd. 3. or 4. for the conviction are doubled. If the person convicted under a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63 (1) had an alcohol concentration of 0.20 to 0.249, the applicable minimum and maximum suspension or revocation periods under subd. 3. or 4. for the conviction are tripled. If the person convicted under a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63 (1) had an alcohol concentration of 0.25 or above, the applicable minimum and maximum suspension or revocation periods under subd. 3. or 4. for the conviction are quadrupled.

AB221, s. 26 Section 26. 343.31 (3) (c) of the statutes is amended to read:

AB221,14,2 343.31 (3) (c) Any person convicted under s. 940.09 (1) of causing the death of another or of an unborn child by the operation or handling of a motor vehicle shall have his or her operating privilege revoked for 5 years. If there was a minor passenger under 16 years of age or an unborn child, as defined in s. 939.75 (1), in the motor vehicle at the time of the violation that gave rise to the conviction under s. 940.09 (1), the revocation period is 10 years. If the person convicted under s. 940.09 (1) 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 revocation period is 10 years. If the person convicted under s. 940.09 (1) 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 revocation period is 15 years. If the person convicted under s. 940.09 (1) 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 revocation period is 20 years.

AB221, s. 27 Section 27. 343.31 (3) (e) of the statutes is amended to read:

AB221,14,17 343.31 (3) (e) Any person convicted under s. 346.63 (2) shall have his or her operating privilege revoked for not less than one year nor more than 2 years. 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 (2), the minimum and maximum revocation periods are doubled. If the person convicted under s. 346.63 (2) 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 minimum and maximum revocation periods are doubled. If the person convicted under s. 346.63 (2) 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 minimum and maximum revocation periods are tripled. If the person convicted under s. 346.63 (2) 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 minimum and maximum revocation periods are quadrupled.

AB221, s. 28 Section 28. 343.31 (3) (f) of the statutes is amended to read:

AB221,15,6 343.31 (3) (f) Any person convicted under s. 940.25 shall have his or her operating privilege revoked for 2 years. If there was a minor passenger under 16 years of age or an unborn child, as defined in s. 939.75 (1), in the motor vehicle at the time of the violation that gave rise to the conviction under s. 940.25, the revocation period is 4 years. If the person convicted under s. 940.25 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 revocation period is 4 years. If the person convicted under s. 940.25 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 revocation period is 6 years. If the person convicted under s. 940.25 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 revocation period is 8 years.

AB221, s. 29 Section 29. 346.65 (2) (b) of the statutes is amended to read:

AB221,15,13 346.65 (2) (b) Except as provided in par. pars. (f) and (g), shall be fined not less than $300 nor more than $1,000 and imprisoned for not less than 5 30 days nor more than 6 months if the total number of suspensions, revocations and convictions counted under s. 343.307 (1) equals 2 within a 10-year period. Suspensions, revocations or convictions arising out of the same incident or occurrence shall be counted as one.

AB221, s. 30 Section 30. 346.65 (2) (c) of the statutes is amended to read:

AB221,15,20 346.65 (2) (c) Except as provided in par. pars. (f) and (g), shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 30 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, except that suspensions, revocations or convictions arising out of the same incident or occurrence shall be counted as one.

AB221, s. 31 Section 31. 346.65 (2) (d) of the statutes is amended to read:

AB221,16,2 346.65 (2) (d) Except as provided in par. pars. (f) and (g), shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 60 120 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 4, except that suspensions, revocations or convictions arising out of the same incident or occurrence shall be counted as one.

AB221, s. 32 Section 32. 346.65 (2) (e) of the statutes is amended to read:

AB221,16,8 346.65 (2) (e) Except as provided in par. pars. (f) and (g), shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 6 months nor more than 5 years if the total number of suspensions, revocations and convictions counted under s. 343.307 (1) equals 5 or more, except that suspensions, revocations or convictions arising out of the same incident or occurrence shall be counted as one.

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: