AB88-engrossed,8,132 757.05 (1) (a) Whenever a court imposes a fine or forfeiture for a violation of
3state law or for a violation of a municipal or county ordinance except for a violation
4of s. 101.123 (2) (a), (am) 1., (ar), (bm), or (br) or (5), or for a first violation of s. 23.33
5(4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who
6committed the violation had a blood alcohol concentration between 0.08 and 0.099
7at the time of the violation,
or for a violation of state laws or municipal or county
8ordinances involving nonmoving traffic violations or safety belt use violations under
9s. 347.48 (2m), there shall be imposed in addition a penalty assessment in an amount
10of 24% of the fine or forfeiture imposed. If multiple offenses are involved, the penalty
11assessment shall be based upon the total fine or forfeiture for all offenses. When a
12fine or forfeiture is suspended in whole or in part, the penalty assessment shall be
13reduced in proportion to the suspension.
AB88-engrossed, s. 18g 14Section 18g. 814.63 (1) (c) of the statutes is amended to read:
AB88-engrossed,8,1915 814.63 (1) (c) This subsection does not apply to an action for a violation of s.
16101.123 (2) (a), (am) 1., (ar), (bm), or (br) or (5), for a first violation of s. 23.33 (4c) (a)
172., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the
18violation had a blood alcohol concentration between 0.08 and 0.099 at the time of the
19violation,
or for a violation of a safety belt use violation under s. 347.48 (2m).
AB88-engrossed, s. 18L 20Section 18L. 814.63 (2) of the statutes is amended to read:
AB88-engrossed,9,421 814.63 (2) Upon the disposition of a forfeiture action in circuit court for
22violation of a county, town, city, village, town sanitary district or public inland lake
23protection and rehabilitation district ordinance, except for an action for a first
24violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the
25person who committed the violation had a blood alcohol concentration between 0.08

1and 0.099 at the time of the violation, or for
a safety belt use violation under s. 347.48
2(2m), the county, town, city, village, town sanitary district or public inland lake
3protection and rehabilitation district shall pay a nonrefundable fee of $5 to the clerk
4of circuit court.
AB88-engrossed, s. 18p 5Section 18p. 814.634 (1) (a) of the statutes is amended to read:
AB88-engrossed,9,126 814.634 (1) (a) Except for an action for a first violation of s. 23.33 (4c) (a) 2.,
730.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the
8violation had a blood alcohol concentration between 0.08 and 0.099 at the time of the
9violation, or
for a safety belt use violation under s. 347.48 (2m), the clerk of circuit
10court shall charge and collect a $52 court support services fee from any person,
11including any governmental unit as defined in s. 108.02 (17), paying a fee under s.
12814.61 (1) (a), (3), or (8) (am) or 814.63 (1).
AB88-engrossed, s. 18t 13Section 18t. 814.635 (1) of the statutes is amended to read:
AB88-engrossed,9,2114 814.635 (1) Except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681
15(1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation
16had a blood alcohol concentration between 0.08 and 0.099 at the time of the violation,
17or for
a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall
18charge and collect a $9 justice information system fee from any person, including any
19governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a),
20(3) or (8) (am), 814.62 (1), (2) or (3) (a) or (b) or 814.63 (1). The justice information
21system fee is in addition to the other fees listed in this section.
AB88-engrossed, s. 18x 22Section 18x. 814.65 (1) of the statutes is amended to read:
AB88-engrossed,9,2523 814.65 (1) Court costs. In a municipal court action, except for an action for
24a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1)
25(b), if the person who committed the violation had a blood alcohol concentration

1between 0.08 and 0.099 at the time of the violation, or for a
violation of an ordinance
2in conformity with s. 347.48 (2m), the municipal judge shall collect a fee of not less
3than $15 nor more than $23 on each separate matter, whether it is on default of
4appearance, a plea of guilty or no contest, on issuance of a warrant or summons or
5the action is tried as a contested matter. Of each fee received by the judge under this
6subsection, the municipal treasurer shall pay monthly $5 to the state treasurer for
7deposit in the general fund and shall retain the balance for the use of the
8municipality.
AB88-engrossed, s. 19 9Section 19. 885.235 (1g) (a) 1. of the statutes is renumbered 885.235 (1g) (a).
AB88-engrossed, s. 20 10Section 20. 885.235 (1g) (a) 2. of the statutes is repealed.
AB88-engrossed, s. 21 11Section 21. 885.235 (1g) (b) of the statutes is amended to read:
AB88-engrossed,10,1612 885.235 (1g) (b) Except with respect to the operation of a commercial motor
13vehicle as provided in par. (d), the fact that the analysis shows that the person had
14an alcohol concentration of more than 0.04 but less than 0.1 0.08 is relevant evidence
15on the issue of intoxication or an alcohol concentration of 0.1 0.08 or more but is not
16to be given any prima facie effect.
AB88-engrossed, s. 22 17Section 22. 885.235 (1g) (bd) of the statutes is repealed.
AB88-engrossed, s. 23 18Section 23. 885.235 (1g) (c) of the statutes is amended to read:
AB88-engrossed,10,2419 885.235 (1g) (c) The In cases involving persons who have 2 or fewer prior
20convictions, suspensions, or revocations, as counted under s. 343.307 (1), the
fact
21that the analysis shows that the person had an alcohol concentration of 0.1 0.08 or
22more is prima facie evidence that he or she was under the influence of an intoxicant
23and is prima facie evidence that he or she had an alcohol concentration of 0.1 0.08
24or more.
AB88-engrossed, s. 24 25Section 24. 885.235 (1g) (cd) of the statutes is repealed.
AB88-engrossed, s. 25
1Section 25. 885.235 (1m) of the statutes is amended to read:
AB88-engrossed,11,132 885.235 (1m) In any action under s. 23.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m)
3or (7), or 350.101 (1) (c), evidence of the amount of alcohol in the person's blood at the
4time in question, as shown by chemical analysis of a sample of the person's blood or
5urine or evidence of the amount of alcohol in the person's breath, is admissible on the
6issue of whether he or she had an alcohol concentration in the range specified in s.
723.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m), or 350.101 (1) (c) or an alcohol
8concentration above 0.0 under s. 346.63 (7) if the sample was taken within 3 hours
9after the event to be proved. The fact that the analysis shows that the person had
10an alcohol concentration of more than 0.0 but not more than 0.1 0.08 is prima facie
11evidence that the person had an alcohol concentration in the range specified in s.
1223.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m), or 350.101 (1) (c) or an alcohol
13concentration above 0.0 under s. 346.63 (7).
AB88-engrossed, s. 26 14Section 26. 940.09 (1) (bm) of the statutes is amended to read:
AB88-engrossed,11,1715 940.09 (1) (bm) Causes the death of another by the operation of a commercial
16motor vehicle while the person has an alcohol concentration of 0.04 or more but less
17than 0.1 0.08.
AB88-engrossed, s. 27 18Section 27. 940.09 (1) (e) of the statutes is amended to read:
AB88-engrossed,11,2119 940.09 (1) (e) Causes the death of an unborn child by the operation of a
20commercial motor vehicle while the person has an alcohol concentration of 0.04 or
21more but less than 0.1 0.08.
AB88-engrossed, s. 28 22Section 28. 940.09 (1g) (b) of the statutes is amended to read:
AB88-engrossed,11,2423 940.09 (1g) (b) Causes the death of another by the operation or handling of a
24firearm or airgun while the person has an alcohol concentration of 0.1 0.08 or more.
AB88-engrossed, s. 29 25Section 29. 940.09 (1g) (d) of the statutes is amended to read:
AB88-engrossed,12,3
1940.09 (1g) (d) Causes the death of an unborn child by the operation or
2handling of a firearm or airgun while the person has an alcohol concentration of 0.1
30.08 or more.
AB88-engrossed, s. 30 4Section 30. 940.25 (1) (bm) of the statutes is amended to read:
AB88-engrossed,12,75 940.25 (1) (bm) Causes great bodily harm to another human being by the
6operation of a commercial motor vehicle while the person has an alcohol
7concentration of 0.04 or more but less than 0.1 0.08.
AB88-engrossed, s. 31 8Section 31. 940.25 (1) (e) of the statutes is amended to read:
AB88-engrossed,12,119 940.25 (1) (e) Causes great bodily harm to an unborn child by the operation of
10a commercial motor vehicle while the person has an alcohol concentration of 0.04 or
11more but less than 0.1 0.08.
AB88-engrossed, s. 32 12Section 32. 949.08 (2) (em) of the statutes is amended to read:
AB88-engrossed,12,1913 949.08 (2) (em) Is an adult passenger in the offender's commercial motor
14vehicle and the crime involved is specified in s. 346.63 (6) or 940.25 and the passenger
15knew the offender was under the influence of an intoxicant, a controlled substance,
16a controlled substance analog or any combination of an intoxicant, controlled
17substance and controlled substance analog, or had an alcohol concentration of 0.04
18or more but less than 0.1 0.08. This paragraph does not apply if the victim is also a
19victim of a crime specified in s. 940.30, 940.305, 940.31, or 948.30.
AB88-engrossed, s. 33 20Section 33. 967.055 (1) (b) of the statutes is amended to read:
AB88-engrossed,13,321 967.055 (1) (b) The legislature intends to encourage the vigorous prosecution
22of offenses concerning the operation of motorboats by persons under the influence of
23an intoxicant, a controlled substance, a controlled substance analog or any
24combination of an intoxicant, controlled substance and controlled substance analog
25to a degree which renders him or her incapable of operating a motorboat safely, or

1under the combined influence of an intoxicant and any other drug to a degree which
2renders him or her incapable of operating a motorboat safely or having an alcohol
3concentration of 0.1 0.08 or more.
AB88-engrossed, s. 34 4Section 34. Initial applicability.
AB88-engrossed,13,65 (1) This act first applies to offenses committed on the effective date of this
6subsection.
AB88-engrossed, s. 35 7Section 35. Effective date.
AB88-engrossed,13,88 (1) This act takes effect on September 30, 2003.
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