SB335: Bill Text

6. This bill authorizes a court to use statutory restitution procedures to impose a restitution requirement upon a person who causes property damage due to the intoxicated operation of a sport recreational vehicle or a commercial motorboat. Section 973.20, stats., currently may be used for this purpose with respect to ss. 940.09 and 940.25 regarding homicide or injury by intoxicated use of a vehicle.

7. The bill incorporates statutory provisions applicable to the operation of a motor vehicle under s. 346.65 (1) (f) and (g), stats., to the operation of sport recreational vehicles and commercial motorboats. First, if a minor passenger under 16 years of age is in or on a vehicle at the time of a violation, the applicable minimum and maximum forfeitures, fines or imprisonment for the convictions are doubled. Second, the applicable minimum and maximum fines will be doubled, tripled or quadrupled if the operator of the sport recreational vehicle or the commercial motorboat had an alcohol concentration of 0.17 to 0.199, 0.20 to 0.249, or 0.25 or above, respectively. This bill clarifies that the increased fines for increasing alcohol concentration may not be applied if the penalty relating to a minor passenger under the age of 16 years is applicable to the offense.

8. See the note to Section 7 of the bill for a description of the penalties applicable to an operator of a sport recreational vehicle or a commercial motorboat who refuses to obey law enforcement officers, signs and signals.

9. Under current law, a conviction relating to the use of an all-terrain vehicle or a snowmobile must be reported to DNR. The bill applies this requirement to a conviction relating to the use of a motorboat or a commercial motorboat.

SB335,46,6 350.76 Operator improvement surcharge. (1) If a court imposes a fine or a forfeiture for a violation of the intoxicated operation of a sport recreational vehicle law or the intoxicated operation of a commercial motorboat law, it shall impose an operator improvement surcharge in an amount of $355 in addition to the fine or forfeiture, penalty assessment, jail assessment, and crime laboratories and drug law enforcement assessment.

SB335,46,10 (2) (a) Except as provided in par. (b), the clerk of court shall collect and transmit the amount under sub. (1) to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment of 38.5% of the amount to the state treasurer as provided in s. 59.25 (3) (f) 2.

SB335,46,15 (b) If the forfeiture is imposed by a municipal court, the court shall transmit the amount to the treasurer of the county, city, town, or village, and that treasurer shall make payment of 38.5% of the amount to the state treasurer as provided in s. 66.0114 (1) (bm). The treasurer of the city, town, or village shall transmit the remaining 61.5% of the amount to the treasurer of the county.

SB335,46,21 (3) All moneys collected from the operator improvement surcharge that are transmitted to the county treasurer under sub. (2) (a) or (b), except the amounts that the county treasurer is required to transmit to the state treasurer under sub. (2) (a) or (b), shall be retained by the county treasurer and disbursed to the county department under s. 51.42 for services under s. 51.42 for operators referred through assessment.

SB335,47,5 (4) If a court imposes an operator improvement surcharge under sub. (1) and the person fails to pay the surcharge within 60 days after the date by which the court ordered the surcharge to be paid, the court may suspend the person's operating privilege until the person pays the surcharge, except that the suspension period may not exceed 2 years.

Note: Current law provides that an operator of a motor vehicle who violates various operating while intoxicated statutory provisions must pay an operator improvement surcharge in an amount of $355 in addition to the fine or forfeiture, penalty assessment, jail assessment and crime laboratories and drug law enforcement assessment. This Section applies the surcharge provisions found in s. 346.655, stats., to a person who violates the intoxicated operation of a sport recreational vehicle law or the intoxicated operation of a commercial motorboat law.

SB335, s. 62 Section 62. 350.99 of the statutes is renumbered 350.21, and 350.21 (1), as renumbered, is amended to read:

SB335,47,11 350.21 (1) Whoever is concerned in the commission of a violation of this chapter subchapter for which a forfeiture is imposed is a principal and may be charged with and convicted of the violation although he or she did not directly commit it and although the person who directly committed it has not been convicted of the violation.

SB335, s. 63 Section 63. 800.001 of the statutes is amended to read:

SB335,47,16 800.001 Definition. In this chapter, "general statutory counterpart ordinance" means an ordinance which prohibits conduct which is the same as or similar to conduct prohibited by state statute, but does not include an ordinance enacted by a local authority in accordance with s. 30.77 or , 349.06, or 350.72.

SB335, s. 64 Section 64. 800.02 (2) (b) of the statutes is amended to read:

SB335,48,2 800.02 (2) (b) Except for parking violations, in traffic regulation actions in municipal court, the uniform traffic citation specified in s. 345.11 shall be used in lieu of the citation form specified in par. (a). In actions for violations of local ordinances enacted in accordance with s. 23.33 (11) (am) or , 30.77, or 350.72, the citation form specified in s. 23.54 shall be used in lieu of the citation form specified in par. (a).

SB335, s. 65 Section 65. 885.235 (1m) and (4) of the statutes are amended to read:

SB335,48,15 885.235 (1m) In any action under s. 23.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m) or (7) or 350.101 350.52 (1) (c), evidence of the amount of alcohol in the person's blood at the time in question, as shown by chemical analysis of a sample of the person's blood or urine or evidence of the amount of alcohol in the person's breath, is admissible on the issue of whether he or she had an alcohol concentration in the range specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m) or 350.101 350.52 (1) (c) or an alcohol concentration above 0.0 under s. 346.63 (7) if the sample was taken within 3 hours after the event to be proved. The fact that the analysis shows that the person had an alcohol concentration of more than 0.0 but not more than 0.1 is prima facie evidence that the person had an alcohol concentration in the range specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m) or 350.101 350.52 (1) (c) or an alcohol concentration above 0.0 under s. 346.63 (7).

SB335,48,21 (4) The provisions of this section relating to the admissibility of chemical tests for alcohol concentration or intoxication shall not be construed as limiting the introduction of any other competent evidence bearing on the question of whether or not a person was under the influence of an intoxicant, had a specified alcohol concentration, or had an alcohol concentration in the range specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m) or 350.101 350.52 (1) (c).

SB335, s. 66 Section 66. 938.343 (9) of the statutes is amended to read:

SB335,49,2 938.343 (9) If the violation is one under s. 23.33 or subch. II of ch. 350, or under an ordinance enacted in conformity with s. 23.33 or enacted under s. 350.72, concerning the use of all-terrain vehicles, order the juvenile to enroll and participate in an all-terrain vehicle safety course.

SB335, s. 67 Section 67. 940.09 (1m) and (3) of the statutes are amended to read:

SB335,49,18 940.09 (1m) A person may be charged with and a prosecutor may proceed upon an information based upon a violation of sub. (1) (a) or (b) or both, sub. (1) (a) or (bm) or both, sub. (1) (c) or (d) or both, sub. (1) (c) or (e) or both, sub. (1g) (a) or (b) or both, or sub. (1g) (c) or (d) or both for acts arising out of the same incident or occurrence. If the person is charged with violating both sub. (1) (a) and (b), both sub. (1) (a) and (bm), both sub. (1) (c) and (d), both sub. (1) (c) and (e), both sub. (1g) (a) and (b), or both sub. (1g) (c) and (d) in the information, the crimes shall be joined under s. 971.12. If the person is found guilty of both sub. (1) (a) and (b), both sub. (1) (a) and (bm), both sub. (1) (c) and (d), both sub. (1) (c) and (e), both sub. (1g) (a) and (b), or both sub. (1g) (c) and (d) for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 23.33 (13) (b) 2. and 3., under s. 30.80 (6) (a) 2. and 3., under s. 343.307 (1) or under s. 350.11 (3) (a) 2. and 3 350.74 (1) (b) to (e). Subsection (1) (a), (b), (bm), (c), (d), and (e), and sub. (1g) (a), (b), (c), and (d), each require proof of a fact for conviction which the other does not require.

SB335,49,20 (3) An officer who makes an arrest for a violation of this section shall make a report as required under s. 23.33 (4t), 30.686, 346.635 or 350.106 350.62.

SB335, s. 68 Section 68. 940.25 (1m) and (3) of the statutes are amended to read:

SB335,50,9 940.25 (1m) A person may be charged with and a prosecutor may proceed upon an information based upon a violation of sub. (1) (a) or (b) or both, sub. (1) (a) or (bm) or both, sub. (1) (c) or (d) or both, or sub. (1) (c) or (e) or both for acts arising out of the same incident or occurrence. If the person is charged with violating both sub. (1) (a) and (b), both sub. (1) (a) and (bm), both sub. (1) (c) and (d), or both sub. (1) (c) and (e) in the information, the crimes shall be joined under s. 971.12. If the person is found guilty of both sub. (1) (a) and (b), both sub. (1) (a) and (bm), both sub. (1) (c) and (d), or both sub. (1) (c) and (e) for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 23.33 (13) (b) 2. and 3., under s. 30.80 (6) (a) 2. or 3., under ss. 343.30 (1q) and 343.305 or under s. 350.11 (3) (a) 2. and 3 350.74 (1) (b) to (e). Subsection (1) (a), (b), (bm), (c), (d), and (e) each require proof of a fact for conviction which the other does not require.

SB335,50,11 (3) An officer who makes an arrest for a violation of this section shall make a report as required under s. 23.33 (4t), 30.686, 346.635 or 350.106 350.62.

SB335, s. 69 Section 69. 967.055 (2) (b) of the statutes is amended to read:

SB335,51,3 967.055 (2) (b) Notwithstanding s. 971.29, if the prosecutor seeks to dismiss or amend a charge regarding the operation of any type of motorboat under s. 30.681 (1) 350.52 (1) or a local ordinance in conformity therewith, a charge under s. 30.681 (2) 350.52 (2), a charge under s. 30.684 (5) 350.60 (5) or a local ordinance in conformity therewith or a charge under s. 940.09 or 940.25 if the offense involved the use of a any type of motorboat, except a sailboat operating under sail alone, 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 motorboats 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 operating a motorboat safely, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of operating a any type of motorboat safely.

SB335, s. 70 Section 70. Initial applicability.

SB335,51,9 (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 that occurred after December 31, 1998, as prior convictions for purposes of sentencing by a court or revocation or suspension of the privileges to operate a sport recreational vehicle or commercial motorboat.

SB335, s. 71 Section 71. Effective date. This act takes effect on January 1, 2003.

SB335,51,11 (End)