AB670: Bill Text

AB670,34,3 885.235 (1) (b) "Intoxicant" has the meaning given in s. 939.22 (19m).

AB670,34,5 (c) "Under the influence of an intoxicant" has the meaning given in s. 939.22 (42).

AB670, s. 51 Section 51. 885.235 (1) (bd) of the statutes is repealed.

AB670, s. 52 Section 52. 885.235 (1g) (a) of the statutes is amended to read:

AB670,34,12 885.235 (1g) (a) 1. The fact that the analysis shows that the person had an alcohol concentration of more than 0.0 but less than 0.08 is relevant evidence on the issue of being under the combined influence of alcohol and a controlled substance, a controlled substance analog or any other drug an intoxicant, but, except as provided in par. (d) or sub. (1m), is not to be given any prima facie effect.

AB670,34,17 2. The fact that the analysis shows that the person had an alcohol concentration of more than 0.0 but less than 0.1 is relevant evidence on the issue of being under the combined influence of alcohol and a controlled substance, a controlled substance analog or any other drug an intoxicant but, except as provided in par. (d) or sub. (1m), is not to be given any prima facie effect.

AB670, s. 53 Section 53. 895.53 (2) of the statutes is amended to read:

AB670,35,2 895.53 (2) Any person withdrawing blood at the request of a traffic officer, law enforcement officer or conservation warden for the purpose of determining the presence or quantity of alcohol, controlled substances, controlled substance analogs or any combination of alcohol, controlled substances and controlled substance analogs an intoxicant, as defined in s. 340.01 (25d), is immune from any civil or criminal liability for the act, except for civil liability for negligence in the performance of the act.

AB670, s. 54 Section 54. 939.22 (19m) of the statutes is created to read:

AB670,35,4 939.22 (19m) "Intoxicant" means any of the following:

AB670,35,6 (a) Alcohol, a controlled substance, a controlled substance analog, any other drug, or a vapor-releasing substance.

AB670,35,8 (b) Any combination of alcohol, a controlled substance, a controlled substance analog, any other drug, or vapor-releasing substance.

Note: This Section creates a definition of the term "intoxicant" for the criminal code. The definition is the same as that used in s. 340.01 (25d) as created in Section 3 of the bill.

AB670, s. 55 Section 55. 939.22 (42) of the statutes is repealed and recreated to read:

AB670,35,10 939.22 (42) "Under the influence of an intoxicant" means any of the following:

AB670,35,14 (a) A condition in which a person's ability to operate a vehicle, because of the consumption or use of an intoxicant, is impaired to the extent that the person is less able to exercise the clear judgment and steady hand necessary to handle and control a vehicle.

AB670,35,16 (b) A condition in which a person's ability to handle a firearm or airgun is materially impaired because of the consumption or use of an intoxicant.

Note: Section 939.22 (42), stats., defines the term "under the influence of an intoxicant" for the criminal code. The statutory provision is repealed and recreated to conform to the definition of the same term in s. 340.01 (73e) as created in Section 3 of the bill.

AB670, s. 56 Section 56. 949.08 (2) (e) and (em) of the statutes are amended to read:

AB670,36,3 949.08 (2) (e) Is an adult passenger in the offender's vehicle and the crime involved is specified in s. 346.63 (2) or 940.25 and the passenger knew the offender was under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, controlled substance and controlled substance analog, or had a prohibited alcohol concentration, as defined in s. 340.01 (46m). This paragraph does not apply if the victim is also a victim of a crime specified in s. 940.30, 940.305, 940.31 or 948.30.

AB670,36,10 (em) Is an adult passenger in the offender's commercial motor vehicle and the crime involved is specified in s. 346.63 (6) or 940.25 and the passenger knew the offender was under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, controlled substance and controlled substance analog, or had an alcohol concentration of 0.04 or more but less than 0.1. This paragraph does not apply if the victim is also a victim of a crime specified in s. 940.30, 940.305, 940.31 or 948.30.

AB670, s. 57 Section 57. 967.055 (title) and (1) (a) of the statutes are amended to read:

AB670,36,22 967.055 (title) Prosecution of offenses; operation of a motor vehicle or motorboat; alcohol, or intoxicant or drug. (1) (a) The legislature intends to encourage the vigorous prosecution of offenses concerning the operation of motor vehicles by persons under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, controlled substance and controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving as defined in s. 340.01 (25d), or having a prohibited alcohol concentration, as defined in s. 340.01 (46m), or offenses concerning the operation of commercial motor vehicles by persons with an alcohol concentration of 0.04 or more.

AB670, s. 58 Section 58. 967.055 (1m) of the statutes is repealed.

AB670, s. 59 Section 59. 967.055 (2) (a) of the statutes is amended to read:

AB670,37,19 967.055 (2) (a) Notwithstanding s. 971.29, if the prosecutor seeks to dismiss or amend a charge under s. 346.63 (1) or (5) or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle or an improper refusal under s. 343.305, the prosecutor shall apply to the court. The application shall state the reasons for the proposed amendment or dismissal. The court may approve the application only if the court finds that the proposed amendment or dismissal is consistent with the public's interest in deterring the operation of motor vehicles by persons who are under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, controlled substance and controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving as defined in s. 340.01 (25d), or in deterring the operation of commercial motor vehicles by persons with an alcohol concentration of 0.04 or more. The court may not approve an application to amend the vehicle classification from a commercial motor vehicle to a noncommercial motor vehicle unless there is evidence in the record that the motor vehicle being operated by the defendant at the time of his or her arrest was not a commercial motor vehicle.

AB670, s. 60 Section 60. Initial applicability.

AB670,38,2 (1) This act first applies 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, or revocation or suspension of motor vehicle operating privileges.

AB670, s. 61 Section 61. Effective date.

AB670,38,4 (1) This act takes effect on January 1, 2003.

AB670,38,5 (End)