SB125,6,2015 2. For a violation committed within 12 months of a previous violation, the
16person's operating privilege shall be suspended under s. 343.30 (6) (b) 2. In addition,
17the person is subject to
either a forfeiture of not less than $200 nor more than $300,
18suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 2.,
19participation in a supervised work program or other community service work under
20par. (cg) or any combination of these penalties.
SB125,7,221 3. For a violation committed within 12 months of 2 previous violations, the
22person's operating privilege shall be suspended under s. 343.30 (6) (b) 3. In addition,
23the person is subject to
either a forfeiture of not less than $300 nor more than $500,
24revocation of the person's operating privilege under s. 343.30 (6) (b) 3., participation

1in a supervised work program or other community service work under par. (cg) or any
2combination of these penalties.
SB125,7,83 4. For a violation committed within 12 months of 3 or more previous violations,
4the person's operating privilege shall be suspended under s. 343.30 (6) (b) 3. In
5addition, the person is subject to
either a forfeiture of not less than $500 nor more
6than $1,000, revocation of the person's operating privilege under s. 343.30 (6) (b) 3.,
7participation in a supervised work program or other community service work under
8par. (cg) or any combination of these penalties.
SB125, s. 5 9Section 5. 125.07 (4) (e) 2. (intro.) of the statutes is amended to read:
SB125,7,1510 125.07 (4) (e) 2. (intro.) After ordering a penalty under par. (bs) or (c), the court,
11with the agreement of the defendant, may enter an additional order staying the
12execution of the penalty order and suspending or modifying the penalty imposed,
13except that the court may not stay, suspend or modify the suspension of a person's
14operating privilege required under par. (bs) or (c)
. The order under this subdivision
15shall require the defendant to do any of the following:
SB125, s. 6 16Section 6. 340.01 (46m) (b) of the statutes is amended to read:
SB125,7,1817 340.01 (46m) (b) If the person has 2 or more prior convictions, suspensions or
18revocations, as counted under s. 343.307 (1), an alcohol concentration of 0.08 or more.
SB125, s. 7 19Section 7. 340.01 (46m) (c) of the statutes is created to read:
SB125,7,2220 340.01 (46m) (c) If the person has 3 or more prior convictions, suspensions or
21revocations, as counted under s. 343.307 (1), an alcohol concentration of more than
220.02.
SB125, s. 8 23Section 8. 342.12 (4) (a) of the statutes is amended to read:
SB125,8,624 342.12 (4) (a) The district attorney shall notify the department when he or she
25files a criminal complaint against a person who has been arrested for violating s.

1346.63 (1) or (2), 940.09 (1) or 940.25 and who has 2 or more prior convictions,
2suspensions or revocations, as counted under s. 343.307 (1)
. Except as provided
3under par. (c), the department may not issue a certificate of title transferring
4ownership of any motor vehicle owned by the person upon receipt of a notice under
5this subsection until the court assigned to hear the criminal complaint issues an
6order permitting the department to issue a certificate of title.
SB125, s. 9 7Section 9. 342.12 (4) (c) 1. (intro.) of the statutes is amended to read:
SB125,8,138 342.12 (4) (c) 1. (intro.) The department shall issue a certificate of title
9transferring ownership of a motor vehicle that was owned by a person who has
10received a notice of intent to revoke the person's operating privilege under s. 343.305
11(9) (a) or has been arrested for violating s. 346.63 (1) or (2), 940.09 (1) or 940.25 and
12who has 2 or more prior convictions, suspensions or revocations, as counted under
13s. 343.307 (1)
, if all of the following conditions are met:
SB125, s. 10 14Section 10. 343.10 (5) (a) 3. of the statutes is amended to read:
SB125,9,315 343.10 (5) (a) 3. If the applicant has 2 or more prior convictions, suspensions
16or revocations, as counted under s. 343.307 (1), the
The occupational license of the
17applicant shall restrict the applicant's operation under the occupational license to
18vehicles that are equipped with a functioning ignition interlock device if the court
19has ordered under s. 346.65 (6) (a) 1. 1d. or 1g. that a motor vehicle owned by the
20person be equipped with an ignition interlock device. A person to whom a restriction
21under this subdivision applies violates that restriction if he or she requests or
22permits another to blow into an ignition interlock device or to start a motor vehicle
23equipped with an ignition interlock device for the purpose of providing the person an
24operable motor vehicle without the necessity of first submitting a sample of his or her
25breath to analysis by the ignition interlock device. If the occupational license

1restricts the applicant's operation to a vehicle that is equipped with an ignition
2interlock device, the applicant shall be liable for the reasonable costs of equipping
3the vehicle with the ignition interlock device.
SB125, s. 11 4Section 11. 343.10 (6) of the statutes is renumbered 343.10 (6) (a) and
5amended to read:
SB125,9,86 343.10 (6) (a) No Except as provided in par. (b), no person may file an
7application for an occupational license under sub. (1) unless he or she first pays a fee
8of $40 to the department.
SB125, s. 12 9Section 12. 343.10 (6) (b) of the statutes is created to read:
SB125,9,1410 343.10 (6) (b) No person whose operating privilege is restricted to operating
11only vehicles equipped with an ignition interlock device may file an application for
12an occupational license under sub. (1) unless he or she first pays a fee of $70 to the
13department. Forty-three percent of the fees collected under this paragraph shall be
14credited to the appropriation account under s. 20.395 (5) (er).
SB125, s. 13 15Section 13. 343.21 (1) (j) of the statutes is renumbered 343.21 (1) (j) 1. and
16amended to read:
SB125,9,1817 343.21 (1) (j) 1. For Except as provided in subd. 2., for reinstatement of an
18operating privilege previously revoked or suspended, $50.
SB125, s. 14 19Section 14. 343.21 (1) (j) 2. of the statutes is created to read:
SB125,9,2520 343.21 (1) (j) 2. For reinstatement of an operating privilege previously revoked
21or suspended, $80 if the person's operating privilege is restricted under s. 343.38 (5)
22to operating vehicles equipped with an ignition interlock device and the person has
23not paid a fee under s. 343.10 (6) (b) within the past 2 years. Thirty-eight percent
24of the fees collected under this subdivision shall be credited to the appropriation
25under s. 20.395 (5) (er).
SB125, s. 15
1Section 15. 343.30 (1q) (b) 3. of the statutes is amended to read:
SB125,10,72 343.30 (1q) (b) 3. Except as provided in subd. 4m. or 4p., if the number of
3convictions, suspensions and revocations within a 10-year period equals 2, the court
4shall revoke the person's operating privilege for not less than one year nor more than
518 months. After the first 60 days of the revocation period, the person is eligible for
6an occupational license under s. 343.10 if he or she has completed the assessment and
7is complying with the driver safety plan ordered under par. (c).
SB125, s. 16 8Section 16. 343.30 (1q) (b) 4. of the statutes is amended to read:
SB125,10,149 343.30 (1q) (b) 4. Except as provided in subd. 4m. or 4p., if the number of
10convictions, suspensions and revocations equals 3 or more, the court shall revoke the
11person's operating privilege for not less than 2 years nor more than 3 years. After
12the first 90 days of the revocation period, the person is eligible for an occupational
13license under s. 343.10 if he or she has completed the assessment and is complying
14with the driver safety plan ordered under par. (c).
SB125, s. 17 15Section 17. 343.30 (1q) (b) 4p. of the statutes is created to read:
SB125,10,2416 343.30 (1q) (b) 4p. If he or she had an alcohol concentration of 0.15 to 0.199,
17the applicable minimum and maximum suspension or revocation periods under
18subd. 3. or 4. for the conviction are doubled. If the person convicted under s. 346.63
19(1) or a local ordinance in conformity with s. 346.63 (1) had an alcohol concentration
20of 0.20 to 0.249, the applicable minimum and maximum suspension or revocation
21periods under subd. 3. or 4. for the conviction are tripled. If the person convicted
22under s. 346.63 (1) or a local ordinance in conformity with s. 346.63 (1) had an alcohol
23concentration of 0.25 or above, the applicable minimum and maximum suspension
24or revocation periods under subd. 3. or 4. for the conviction are quadrupled.
SB125, s. 18 25Section 18. 343.30 (6) (b) of the statutes is amended to read:
SB125,11,3
1343.30 (6) (b) If Whenever a court imposes suspension or revocation of a
2person's operating privilege under s. 125.07 (4) (bs) or (c) or 938.344 (2), (2b) or (2d),
3the suspension or revocation imposed shall be one of the following:
SB125,11,54 1. For a first violation, suspension for 30 to 90 days not less than 6 months nor
5more than one year
.
SB125,11,76 2. For a violation committed within 12 months of a previous violation,
7suspension for not more less than one year nor more than 18 months.
SB125,11,98 3. For a violation committed within 12 months of 2 or more previous violations,
9revocation suspension for not more less than 2 years nor more than 5 years.
SB125, s. 19 10Section 19. 343.305 (10) (b) 3. of the statutes is amended to read:
SB125,11,1611 343.305 (10) (b) 3. Except as provided in subd. 4m., if the number of convictions,
12suspensions and revocations within a 10-year period equals 2, the court shall revoke
13the person's operating privilege for not less than 2 years nor more than 6 years. After
14the first 90 days of the revocation period, the person is eligible for an occupational
15license under s. 343.10 if he or she has completed the assessment and is complying
16with the driver safety plan.
SB125, s. 20 17Section 20. 343.305 (10) (b) 4. of the statutes is amended to read:
SB125,11,2318 343.305 (10) (b) 4. Except as provided in subd. 4m., if the number of convictions,
19suspensions and revocations equals 3 or more, the court shall revoke the person's
20operating privilege for not less than 3 years nor more than 12 years. After the first
21120 days of the revocation period, the person is eligible for an occupational license
22under s. 343.10 if he or she has completed the assessment and is complying with the
23driver safety plan.
SB125, s. 21 24Section 21. 343.305 (10m) of the statutes is renumbered 343.305 (10m) (b).
SB125, s. 22 25Section 22. 343.305 (10m) (a) of the statutes is created to read:
SB125,12,3
1343.305 (10m) (a) If the person's operating privilege is revoked under sub. (10),
2the procedure under s. 346.65 (6) shall be followed regarding the equipping of a motor
3vehicle owned by the person with an ignition interlock device.
SB125, s. 23 4Section 23. 343.31 (3) (bm) 3. of the statutes is amended to read:
SB125,12,125 343.31 (3) (bm) 3. Except as provided in subd. 4m. or 4p., if the number of
6suspensions, revocations and convictions within a 10-year period equals 2, the
7department shall revoke the person's operating privilege for not less than one year
8nor more than 18 months. If an Indian tribal court in this state revokes the person's
9privilege to operate a motor vehicle on tribal lands for not less than one year nor more
10than 18 months for the conviction specified in par. (bm) (intro.), the department shall
11impose the same period of revocation. After the first 60 days of the revocation period,
12the person is eligible for an occupational license under s. 343.10.
SB125, s. 24 13Section 24. 343.31 (3) (bm) 4. of the statutes is amended to read:
SB125,12,2114 343.31 (3) (bm) 4. Except as provided in subd. 4m. or 4p., if the number of
15suspensions, revocations and convictions equals 3 or more, the department shall
16revoke the person's operating privilege for not less than 2 years nor more than 3
17years. If an Indian tribal court in this state revokes the person's privilege to operate
18a motor vehicle on tribal lands for not less than 2 years nor more than 3 years for the
19conviction specified in par. (bm) (intro.), the department shall impose the same
20period of revocation. After the first 90 days of the revocation period, the person is
21eligible for an occupational license under s. 343.10.
SB125, s. 25 22Section 25. 343.31 (3) (bm) 4p. of the statutes is created to read:
SB125,13,723 343.31 (3) (bm) 4p. If he or she had an alcohol concentration of 0.15 to 0.199,
24the applicable minimum and maximum suspension or revocation periods under
25subd. 3. or 4. for the conviction are doubled. If the person convicted under a law of

1a federally recognized American Indian tribe or band in this state in conformity with
2s. 346.63 (1) had an alcohol concentration of 0.20 to 0.249, the applicable minimum
3and maximum suspension or revocation periods under subd. 3. or 4. for the conviction
4are tripled. If the person convicted under a law of a federally recognized American
5Indian tribe or band in this state in conformity with s. 346.63 (1) had an alcohol
6concentration of 0.25 or above, the applicable minimum and maximum suspension
7or revocation periods under subd. 3. or 4. for the conviction are quadrupled.
SB125, s. 26 8Section 26. 343.31 (3) (c) of the statutes is amended to read:
SB125,13,229 343.31 (3) (c) Any person convicted under s. 940.09 (1) of causing the death of
10another or of an unborn child by the operation or handling of a motor vehicle shall
11have his or her operating privilege revoked for 5 years. If there was a minor
12passenger under 16 years of age or an unborn child, as defined in s. 939.75 (1), in the
13motor vehicle at the time of the violation that gave rise to the conviction under s.
14940.09 (1), the revocation period is 10 years. If the person convicted under s. 940.09
15(1) had any previous suspensions, revocations or convictions that would be counted
16under s. 343.307 (1) and had an alcohol concentration of 0.15 to 0.199, the revocation
17period is 10 years. If the person convicted under s. 940.09 (1) had any previous
18suspensions, revocations or convictions that would be counted under s. 343.307 (1)
19and had an alcohol concentration of 0.20 to 0.249, the revocation period is 15 years.
20If the person convicted under s. 940.09 (1) had any previous suspensions, revocations
21or convictions that would be counted under s. 343.307 (1) and had an alcohol
22concentration of 0.25 or above, the revocation period is 20 years.
SB125, s. 27 23Section 27. 343.31 (3) (e) of the statutes is amended to read:
SB125,14,1224 343.31 (3) (e) Any person convicted under s. 346.63 (2) shall have his or her
25operating privilege revoked for not less than one year nor more than 2 years. If there

1was a minor passenger under 16 years of age in the motor vehicle at the time of the
2violation that gave rise to the conviction under s. 346.63 (2), the minimum and
3maximum revocation periods are doubled. If the person convicted under s. 346.63
4(2) had any previous suspensions, revocations or convictions that would be counted
5under s. 343.307 (1) and had an alcohol concentration of 0.15 to 0.199, the minimum
6and maximum revocation periods are doubled. If the person convicted under s.
7346.63 (2) had any previous suspensions, revocations or convictions that would be
8counted under s. 343.307 (1) and had an alcohol concentration of 0.20 to 0.249, the
9minimum and maximum revocation periods are tripled. If the person convicted
10under s. 346.63 (2) had any previous suspensions, revocations or convictions that
11would be counted under s. 343.307 (1) and had an alcohol concentration of 0.25 or
12above, the minimum and maximum revocation periods are quadrupled.
SB125, s. 28 13Section 28. 343.31 (3) (f) of the statutes is amended to read:
SB125,15,214 343.31 (3) (f) Any person convicted under s. 940.25 shall have his or her
15operating privilege revoked for 2 years. If there was a minor passenger under 16
16years of age or an unborn child, as defined in s. 939.75 (1), in the motor vehicle at the
17time of the violation that gave rise to the conviction under s. 940.25, the revocation
18period is 4 years. If the person convicted under s. 940.25 had any previous
19suspensions, revocations or convictions that would be counted under s. 343.307 (1)
20and had an alcohol concentration of 0.15 to 0.199, the revocation period is 4 years.
21If the person convicted under s. 940.25 had any previous suspensions, revocations
22or convictions that would be counted under s. 343.307 (1) and had an alcohol
23concentration of 0.20 to 0.249, the revocation period is 6 years. If the person
24convicted under s. 940.25 had any previous suspensions, revocations or convictions

1that would be counted under s. 343.307 (1) and had an alcohol concentration of 0.25
2or above, the revocation period is 8 years.
SB125, s. 29 3Section 29. 346.65 (2) (b) of the statutes is amended to read:
SB125,15,94 346.65 (2) (b) Except as provided in par. pars. (f) and (g), shall be fined not less
5than $300 nor more than $1,000 and imprisoned for not less than 5 days nor more
6than 6 months if the total number of suspensions, revocations and convictions
7counted under s. 343.307 (1) equals 2 within a 10-year period. Suspensions,
8revocations or convictions arising out of the same incident or occurrence shall be
9counted as one.
SB125, s. 30 10Section 30. 346.65 (2) (c) of the statutes is amended to read:
SB125,15,1611 346.65 (2) (c) Except as provided in par. pars. (f) and (g), shall be fined not less
12than $600 nor more than $2,000 and imprisoned for not less than 30 days nor more
13than one year in the county jail if the total number of suspensions, revocations and
14convictions counted under s. 343.307 (1) equals 3, except that suspensions,
15revocations or convictions arising out of the same incident or occurrence shall be
16counted as one.
SB125, s. 31 17Section 31. 346.65 (2) (d) of the statutes is amended to read:
SB125,15,2318 346.65 (2) (d) Except as provided in par. pars. (f) and (g), shall be fined not less
19than $600 nor more than $2,000 and imprisoned for not less than 60 days nor more
20than one year in the county jail if the total number of suspensions, revocations and
21convictions counted under s. 343.307 (1) equals 4, except that suspensions,
22revocations or convictions arising out of the same incident or occurrence shall be
23counted as one.
SB125, s. 32 24Section 32. 346.65 (2) (e) of the statutes is amended to read:
SB125,16,5
1346.65 (2) (e) Except as provided in par. pars. (f) and (g), shall be fined not less
2than $600 nor more than $2,000 and imprisoned for not less than 6 months nor more
3than 5 years if the total number of suspensions, revocations and convictions counted
4under s. 343.307 (1) equals 5 or more, except that suspensions, revocations or
5convictions arising out of the same incident or occurrence shall be counted as one.
SB125, s. 33 6Section 33. 346.65 (2) (g) of the statutes is created to read:
SB125,16,197 346.65 (2) (g) Shall, if he or she had an alcohol concentration of 0.15 to 0.199,
8be penalized double the applicable minimum and maximum forfeitures, fines or
9imprisonments under pars. (b) to (e). If the person had an alcohol concentration of
100.20 to 0.249, he or she shall be penalized triple the applicable minimum and
11maximum forfeitures, fines or imprisonments under pars. (b) to (e). If the person had
12an alcohol concentration of 0.25 or above, he or she shall be penalized four times the
13applicable minimum and maximum forfeitures, fines or imprisonments under pars.
14(b) to (e). An offense under s. 346.63 (1) that subjects a person to a penalty under par.
15(c), (d) or (e) when the person had an alcohol concentration of 0.15 or above is a felony
16and the place of imprisonment shall be determined under s. 973.02. An offense under
17s. 346.63 (1) that subjects a person to a penalty under par. (b), (c), (d) or (e) when the
18person had an alcohol concentration of 0.20 or more is a felony and the place of
19imprisonment shall be determined under s. 973.02.
SB125, s. 34 20Section 34. 346.65 (2e) of the statutes is amended to read:
SB125,17,221 346.65 (2e) If the court determines that a person does not have the ability to
22pay the costs and fine or forfeiture imposed under sub. (2) (a), (b), (c), (d), (e) or (f) to
23(g)
, the court may reduce the costs, fine and forfeiture imposed and order the person
24to pay, toward the cost of the assessment and driver safety plan imposed under s.
25343.30 (1q) (c), the difference between the amount of the reduced costs and fine or

1forfeiture and the amount of costs and fine or forfeiture imposed under sub. (2) (a),
2(b), (c), (d), (e) or (f)
to (g).
SB125, s. 35 3Section 35. 346.65 (2g) (a) of the statutes is amended to read:
SB125,17,204 346.65 (2g) (a) In addition to the authority of the court under s. 973.05 (3) (a)
5to provide that a defendant perform community service work for a public agency or
6a nonprofit charitable organization in lieu of part or all of a fine imposed under sub.
7(2) (b) to (f) (g), the court may provide that a defendant perform community service
8work for a public agency or a nonprofit charitable organization in lieu of part or all
9of a forfeiture under sub. (2) (a) or may require a person who is subject to sub. (2) to
10perform community service work for a public agency or a nonprofit charitable
11organization in addition to the penalties specified under sub. (2). Notwithstanding
12s. 973.05 (3) (b), an order may only apply if agreed to by the organization or agency.
13The court shall ensure that the defendant is provided a written statement of the
14terms of the community service order and that the community service order is
15monitored. Any organization or agency acting in good faith to which a defendant is
16assigned pursuant to an order under this subsection has immunity from any civil
17liability in excess of $25,000 for acts or omissions by or impacting on the defendant.
18The issuance or possibility of the issuance of a community service order under this
19subsection does not entitle an indigent defendant who is subject to sub. (2) (a) to
20representation by counsel under ch. 977.
SB125, s. 36 21Section 36. 346.65 (6) (a) 1. of the statutes is renumbered 346.65 (6) (a) 1g. and
22amended to read:
SB125,18,923 346.65 (6) (a) 1g. Except as provided in this paragraph, the court may order a
24law enforcement officer to seize a motor vehicle, or, if the motor vehicle is not ordered
25seized, shall order a law enforcement officer to equip the motor vehicle with an

1ignition interlock device or immobilize any motor vehicle owned by the person whose
2operating privilege is revoked under s. 343.305 (10) or who committed a violation of
3s. 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),
4(c) or (d) if the person whose operating privilege is revoked under s. 343.305 (10) or
5who is convicted of the violation has 2 or more prior suspensions, revocations or
6convictions that would be counted under s. 343.307 (1). The court shall not order a
7motor vehicle equipped with an ignition interlock device or immobilized if that would
8result in undue hardship or extreme inconvenience or would endanger the health
9and safety of a person.
SB125, s. 37 10Section 37. 346.65 (6) (a) 1d. of the statutes is created to read:
SB125,18,1711 346.65 (6) (a) 1d. Except as provided in this subdivision, the court may order
12a law enforcement officer to equip with an ignition interlock device a motor vehicle
13owned by the person whose operating privilege is revoked under s. 343.305 (10) or
14who committed a violation of s. 346.63 (1) (a) or (b) or (2) (a) 1. or 2., 940.09 (1) (a),
15(b), (c) or (d) or 940.25 (1) (a), (b), (c) or (d). The court shall not order a motor vehicle
16equipped with an ignition interlock device if that would result in undue hardship or
17extreme inconvenience or would endanger the health or safety of a person.
SB125, s. 38 18Section 38. 346.65 (6) (a) 2. of the statutes is repealed.
SB125, s. 39 19Section 39. 346.65 (6) (a) 2m. of the statutes is amended to read:
SB125,19,1320 346.65 (6) (a) 2m. A person who owns a motor vehicle subject to seizure,
21equipping with an ignition interlock device or immobilization under this paragraph
22shall surrender to the clerk of circuit court the certificate of title issued under ch. 342
23for every motor vehicle owned by the person. The person shall comply with this
24subdivision within 5 working days after receiving notification of this requirement
25from the district attorney. When a district attorney receives a copy of a notice of

1intent to revoke the operating privilege under s. 343.305 (9) (a) of a person who has
22 or more convictions, suspensions or revocations, as counted under s. 343.307 (1)
,
3or when a district attorney notifies the department of the filing of a criminal
4complaint against a person under s. 342.12 (4) (a), the district attorney shall notify
5the person of the requirement to surrender all certificates of title to the clerk of circuit
6court. The notification shall include the time limits for that surrender, the penalty
7for failure to comply with the requirement and the address of the clerk of circuit
8court. The clerk of circuit court shall promptly return each certificate of title
9surrendered to the clerk of circuit court under this subdivision after stamping the
10certificate of title with the notation "Per section 346.65 (6) of the Wisconsin statutes,
11ownership of this motor vehicle may not be transferred without prior court approval".
12Any person failing to surrender a certificate of title as required under this
13subdivision shall forfeit not more than $500.
SB125, s. 40 14Section 40. 346.65 (6) (c) of the statutes is amended to read:
SB125,20,215 346.65 (6) (c) The district attorney of the county where the motor vehicle was
16seized, or of the county where the owner's operating privilege was revoked under s.
17343.305 (10) or where the owner committed the violation under s. 346.63 (1) (a) or
18(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
19commence an action to forfeit the motor vehicle within 30 days after the motor vehicle
20is seized. The action shall name the owner of the motor vehicle and all lienholders
21of record as parties. The forfeiture action shall be commenced by filing a summons,
22complaint and affidavit of the law enforcement agency with the clerk of circuit court.
23Upon service of an answer, the action shall be set for hearing within 60 days after
24the service of the answer. If no answer is served or no issue of law or fact joined and

1the time for that service or joining of issues has expired, the court may render a
2default judgment as provided in s. 806.02.
SB125, s. 41 3Section 41. 346.65 (6) (d) of the statutes is amended to read:
SB125,20,134 346.65 (6) (d) At the hearing set under par. (c), the state has the burden of
5proving to a reasonable certainty by the greater weight of the credible evidence that
6the motor vehicle is a motor vehicle owned by a person who committed a violation of
7s. 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),
8(b), (c) or (d) and, if the seizure is under par. (a) 1. 1g., that the person had 2 or more
9prior convictions, suspensions or revocations, as counted under s. 343.307 (1) or, if
10the seizure is under par. (a) 2., 3 or more prior convictions, suspensions or
11revocations, as counted under s. 343.307 (1)
. If the ,, (c) or (d) ,, (c) or (d) state fails
12to meet the burden of proof required under this paragraph, the motor vehicle shall
13be returned to the owner upon the payment of storage costs.
SB125, s. 42 14Section 42. 346.93 (2g) of the statutes is created to read:
SB125,20,1615 346.93 (2g) Any person violating this section may be required to forfeit not less
16than $20 nor more than $400 and shall have his or her operating privilege:
SB125,20,1717 (a) For a first violation, suspended under s. 343.30 (6) (b) 1.
SB125,20,1918 (b) For a violation committed within 12 months of a previous violation,
19suspended under s. 343.30 (6) (b) 2.
SB125,20,2120 (c) For a violation committed within 12 months of 2 or more previous violations,
21suspended under s. 343.30 (6) (b) 3.
SB125, s. 43 22Section 43. 346.95 (2) of the statutes is amended to read:
SB125,20,2423 346.95 (2) Any person violating s. 346.89 (1), 346.93 or 346.94 (2), (4) or (7) may
24be required to forfeit not less than $20 nor more than $400.
SB125, s. 44 25Section 44. 938.344 (2) (intro.) of the statutes is amended to read:
SB125,21,4
1938.344 (2) (intro.) If a court finds a juvenile committed a violation under s.
2125.07 (4) (b) or 125.09 (2), or a local ordinance that strictly conforms to one of those
3statutes
that statute, the court shall order one or any combination of the following
4penalties:
SB125, s. 45 5Section 45. 938.344 (2) (c) of the statutes is amended to read:
SB125,21,106 938.344 (2) (c) For a violation committed within 12 months of 2 or more
7previous violations, a forfeiture of not more than $500, revocation suspension of the
8juvenile's operating privilege as provided under s. 343.30 (6) (b) 3. or the juvenile's
9participation in a supervised work program or other community service work under
10s. 938.34 (5g).
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