LRB-3902/1
TNF:hmh&cs:ch
2001 - 2002 LEGISLATURE
January 28, 2002 - Introduced by Representatives McCormick, Starzyk, Hines,
Krawczyk, Jeskewitz, Hahn, Miller, Owens, Ott, Albers and Vrakas,
cosponsored by Senators Darling, Huelsman, Rosenzweig and Harsdorf.
Referred to Committee on Highway Safety.
AB746,1,5
1An Act to renumber 346.65 (3m); and
to create 343.10 (2) (dr), 346.65 (2d),
2346.65 (3m) (b), 940.09 (1e) and 940.25 (1e) of the statutes;
relating to:
3withholding sentences in cases involving operating a motor vehicle while
4intoxicated and eligibility for an occupational license authorizing the operation
5of motor vehicles.
Analysis by the Legislative Reference Bureau
Under current law, if a person is convicted of operating a motor vehicle while
intoxicated or while having a prohibited alcohol concentration (OWI), the court, in
addition to imposing penalties, is required to order the person to submit to and
comply with an assessment by an approved public treatment facility, to determine
the person's use of alcohol or controlled substances, and a driver safety plan.
This bill permits the court to order the person to submit to and comply with an
assessment and driver safety plan before the court imposes sentence. The court may
withheld sentencing the person until it has reviewed the person's compliance with
assessment.
Also under current law, if a court orders a person to submit to and comply with
an assessment and driver safety plan, and the person has two or more prior
OWI-related convictions, suspensions, or revocations, no occupational license (a
license that permits limited operation of a motor vehicle for purposes of an
occupational trade, including full-time or part-time study) may be issued to the
person until he or she has completed the assessment and is complying with the driver
safety plan.
This bill provides that, if a court orders a person to submit to and comply with
an assessment and driver safety plan and the person has one or no prior OWI-related
convictions, suspensions, or revocations, the court may order that no occupational
license be issued to the person until he or she has completed the assessment and is
complying with the driver safety plan.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB746, s. 1
1Section
1. 343.10 (2) (dr) of the statutes is created to read:
AB746,2,62
343.10
(2) (dr) If the court orders a person to submit to and comply with an
3assessment and driver safety plan and if the person has one or no prior convictions,
4suspensions, or revocations, as counted under s. 343.307 (1), the court may order that
5no occupational license may be issued to the person until the person has completed
6the assessment and is complying with the driver safety plan.
AB746, s. 2
7Section
2. 346.65 (2d) of the statutes is created to read:
AB746,2,118
346.65
(2d) Before imposing a sentence under sub. (2) for a violation of s. 346.63
9(1) or a local ordinance in conformity therewith, the court may order the person to
10submit to and comply with an assessment under s. 343.30 (1q). The court may
11withhold sentence until it has reviewed the person's compliance with assessment.
AB746, s. 3
12Section
3. 346.65 (3m) of the statutes is renumbered 346.65 (3m) (a).
AB746, s. 4
13Section
4. 346.65 (3m) (b) of the statutes is created to read:
AB746,2,1714
346.65
(3m) (b) Before imposing a sentence under par. (a) for a violation of s.
15346.63 (2), the court may order the person to submit to and comply with an
16assessment under s. 343.30 (1q). The court may withhold sentence until it has
17reviewed the person's compliance with assessment.
AB746, s. 5
18Section
5. 940.09 (1e) of the statutes is created to read:
AB746,3,4
1940.09
(1e) Before imposing a sentence under sub. (1), the court may order the
2person to submit to and comply with an assessment under s. 343.30 (1q). The court
3may withhold sentence until it has reviewed the person's compliance with
4assessment.
AB746, s. 6
5Section
6. 940.25 (1e) of the statutes is created to read:
AB746,3,96
940.25
(1e) Before imposing a sentence under sub. (1), the court may order the
7person to submit to and comply with an assessment under s. 343.30 (1q). The court
8may withhold sentence until it has reviewed the person's compliance with
9assessment.
AB746,3,1611
(1) This act first applies to violations committed or refusals occurring on the
12effective date of this subsection, but does not preclude the counting of other
13convictions, suspensions, or revocations as prior convictions, suspensions, or
14revocations for purposes of administrative action by the department of
15transportation, sentencing by a court, or revocation or suspension of motor vehicle
16operating privileges.
AB746,3,1918
(1)
This act takes effect on the first day of the 4th month beginning after
19publication.
