AB88: Bill Text Engrossed

AB88-engrossed,8,13 757.05 (1) (a) Whenever a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), or (br) or (5), or for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration between 0.08 and 0.099 at the time of the violation, or for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations or safety belt use violations under s. 347.48 (2m), there shall be imposed in addition a penalty assessment in an amount of 24% of the fine or forfeiture imposed. If multiple offenses are involved, the penalty assessment shall be based upon the total fine or forfeiture for all offenses. When a fine or forfeiture is suspended in whole or in part, the penalty assessment shall be reduced in proportion to the suspension.

AB88-engrossed, s. 18g Section 18g. 814.63 (1) (c) of the statutes is amended to read:

AB88-engrossed,8,19 814.63 (1) (c) This subsection does not apply to an action for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), or (br) or (5), for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration between 0.08 and 0.099 at the time of the violation, or for a violation of a safety belt use violation under s. 347.48 (2m).

AB88-engrossed, s. 18L Section 18L. 814.63 (2) of the statutes is amended to read:

AB88-engrossed,9,4 814.63 (2) Upon the disposition of a forfeiture action in circuit court for violation of a county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district ordinance, except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration between 0.08 and 0.099 at the time of the violation, or for a safety belt use violation under s. 347.48 (2m), the county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district shall pay a nonrefundable fee of $5 to the clerk of circuit court.

AB88-engrossed, s. 18p Section 18p. 814.634 (1) (a) of the statutes is amended to read:

AB88-engrossed,9,12 814.634 (1) (a) Except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration between 0.08 and 0.099 at the time of the violation, or for a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $52 court support services fee from any person, including any governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am) or 814.63 (1).

AB88-engrossed, s. 18t Section 18t. 814.635 (1) of the statutes is amended to read:

AB88-engrossed,9,21 814.635 (1) Except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration between 0.08 and 0.099 at the time of the violation, or for a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $9 justice information system fee from any person, including any governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3) or (8) (am), 814.62 (1), (2) or (3) (a) or (b) or 814.63 (1). The justice information system fee is in addition to the other fees listed in this section.

AB88-engrossed, s. 18x Section 18x. 814.65 (1) of the statutes is amended to read:

AB88-engrossed,9,25 814.65 (1) Court costs. In a municipal court action, except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration between 0.08 and 0.099 at the time of the violation, or for a violation of an ordinance in conformity with s. 347.48 (2m), the municipal judge shall collect a fee of not less than $15 nor more than $23 on each separate matter, whether it is on default of appearance, a plea of guilty or no contest, on issuance of a warrant or summons or the action is tried as a contested matter. Of each fee received by the judge under this subsection, the municipal treasurer shall pay monthly $5 to the state treasurer for deposit in the general fund and shall retain the balance for the use of the municipality.

AB88-engrossed, s. 19 Section 19. 885.235 (1g) (a) 1. of the statutes is renumbered 885.235 (1g) (a).

AB88-engrossed, s. 20 Section 20. 885.235 (1g) (a) 2. of the statutes is repealed.

AB88-engrossed, s. 21 Section 21. 885.235 (1g) (b) of the statutes is amended to read:

AB88-engrossed,10,16 885.235 (1g) (b) Except with respect to the operation of a commercial motor vehicle as provided in par. (d), the fact that the analysis shows that the person had an alcohol concentration of more than 0.04 but less than 0.1 0.08 is relevant evidence on the issue of intoxication or an alcohol concentration of 0.1 0.08 or more but is not to be given any prima facie effect.

AB88-engrossed, s. 22 Section 22. 885.235 (1g) (bd) of the statutes is repealed.

AB88-engrossed, s. 23 Section 23. 885.235 (1g) (c) of the statutes is amended to read:

AB88-engrossed,10,24 885.235 (1g) (c) The In cases involving persons who have 2 or fewer prior convictions, suspensions, or revocations, as counted under s. 343.307 (1), the fact that the analysis shows that the person had an alcohol concentration of 0.1 0.08 or more is prima facie evidence that he or she was under the influence of an intoxicant and is prima facie evidence that he or she had an alcohol concentration of 0.1 0.08 or more.

AB88-engrossed, s. 24 Section 24. 885.235 (1g) (cd) of the statutes is repealed.

AB88-engrossed, s. 25 Section 25. 885.235 (1m) of the statutes is amended to read:

AB88-engrossed,11,13 885.235 (1m) In any action under s. 23.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m) or (7), or 350.101 (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 (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 0.08 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 (1) (c) or an alcohol concentration above 0.0 under s. 346.63 (7).

AB88-engrossed, s. 26 Section 26. 940.09 (1) (bm) of the statutes is amended to read:

AB88-engrossed,11,17 940.09 (1) (bm) Causes the death of another by the operation of a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.1 0.08.

AB88-engrossed, s. 27 Section 27. 940.09 (1) (e) of the statutes is amended to read:

AB88-engrossed,11,21 940.09 (1) (e) Causes the death of an unborn child by the operation of a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.1 0.08.

AB88-engrossed, s. 28 Section 28. 940.09 (1g) (b) of the statutes is amended to read:

AB88-engrossed,11,24 940.09 (1g) (b) Causes the death of another by the operation or handling of a firearm or airgun while the person has an alcohol concentration of 0.1 0.08 or more.

AB88-engrossed, s. 29 Section 29. 940.09 (1g) (d) of the statutes is amended to read:

AB88-engrossed,12,3 940.09 (1g) (d) Causes the death of an unborn child by the operation or handling of a firearm or airgun while the person has an alcohol concentration of 0.1 0.08 or more.

AB88-engrossed, s. 30 Section 30. 940.25 (1) (bm) of the statutes is amended to read:

AB88-engrossed,12,7 940.25 (1) (bm) Causes great bodily harm to another human being by the operation of a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.1 0.08.

AB88-engrossed, s. 31 Section 31. 940.25 (1) (e) of the statutes is amended to read:

AB88-engrossed,12,11 940.25 (1) (e) Causes great bodily harm to an unborn child by the operation of a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.1 0.08.

AB88-engrossed, s. 32 Section 32. 949.08 (2) (em) of the statutes is amended to read:

AB88-engrossed,12,19 949.08 (2) (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 0.08. 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.

AB88-engrossed, s. 33 Section 33. 967.055 (1) (b) of the statutes is amended to read:

AB88-engrossed,13,3 967.055 (1) (b) The legislature intends to encourage the vigorous prosecution of offenses concerning the operation of motorboats 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 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 motorboat safely or having an alcohol concentration of 0.1 0.08 or more.

AB88-engrossed, s. 34 Section 34. Initial applicability.

AB88-engrossed,13,6 (1) This act first applies to offenses committed on the effective date of this subsection.

AB88-engrossed, s. 35 Section 35. Effective date.

AB88-engrossed,13,8 (1) This act takes effect on September 30, 2003.

AB88-engrossed,13,9 (End)