SB125: Bill Text

SB125, s. 43 Section 43. 346.95 (2) of the statutes is amended to read:

SB125,20,24 346.95 (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.

SB125, s. 44 Section 44. 938.344 (2) (intro.) of the statutes is amended to read:

SB125,21,4 938.344 (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:

SB125, s. 45 Section 45. 938.344 (2) (c) of the statutes is amended to read:

SB125,21,10 938.344 (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).

SB125, s. 46 Section 46. 938.344 (2b) of the statutes is amended to read:

SB125,21,14 938.344 (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:

SB125,21,20 (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.

SB125,22,2 (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.

SB125,22,8 (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.

SB125, s. 47 Section 47. 938.344 (2d) (c) of the statutes is amended to read:

SB125,22,14 938.344 (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).

SB125, s. 48 Section 48. 940.09 (1d) of the statutes is renumbered 940.09 (1d) (b).

SB125, s. 49 Section 49. 940.09 (1d) (a) of the statutes is created to read:

SB125,22,19 940.09 (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.

SB125, s. 50 Section 50. 940.25 (1c) of the statutes is created to read:

SB125,23,6 940.25 (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.

SB125, s. 51 Section 51. 940.25 (1d) of the statutes is renumbered 940.25 (1d) (b).

SB125, s. 52 Section 52. 940.25 (1d) (a) of the statutes is created to read:

SB125,23,11 940.25 (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.

SB125, s. 53 Section 53. 971.17 (1) of the statutes is amended to read:

SB125,23,22 971.17 (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).

SB125, s. 54 Section 54. 1997 Wisconsin Act 84, section 2 is repealed.

SB125, s. 55 Section 55. 1997 Wisconsin Act 84, section 3 is repealed.

SB125, s. 56 Section 56. 1997 Wisconsin Act 84, section 4 is repealed.

SB125, s. 57 Section 57. 1997 Wisconsin Act 84, section 5 is repealed.

SB125, s. 58 Section 58. 1997 Wisconsin Act 84, section 30 is repealed.

SB125, s. 59 Section 59. 1997 Wisconsin Act 84, section 31 is repealed.

SB125, s. 60 Section 60. 1997 Wisconsin Act 84, section 160 is repealed.

SB125, s. 61 Section 61. 1997 Wisconsin Act 84, section 161 is repealed.

SB125, s. 62 Section 62. 1997 Wisconsin Act 84, section 162 is repealed.

SB125, s. 63 Section 63. Initial applicability.

SB125,24,13 (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.

SB125,25,2 (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.

SB125, s. 64 Section 64. Effective date.

SB125,25,5 (1) This act takes effect on the first day of the 4th month beginning after publication.

SB125,25,6 (End)