SB566: Bill Text

(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), (br), or (bv) 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 of 0.08 or more but less than 0.1 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 surcharge under ch. 814 in an amount of 24% of the fine or forfeiture imposed. If multiple offenses are involved, the penalty surcharge 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 surcharge shall be reduced in proportion to the suspension.

SB566, s. 46 Section 46. The treatment of 814.61 (7) (b) of the statutes by 2003 Wisconsin Act 33 is not repealed by 2003 Wisconsin Act 165. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, effective 7-1-04, s. 814.61 (7) (b) reads:

(b) Upon the filing of any petition, motion, or order to show cause by either party under s. 767.325 or 767.327, $50. No fee may be collected under this paragraph for filing a petition, motion, or order to show cause for the revision of a judgment or order for legal custody or physical placement if both parties have stipulated to the revision of the judgment or order. Of the fees received by the clerk under this paragraph, the county treasurer shall pay 25% to the secretary of administration for deposit in the general fund, retain 25% for the use of the county, and deposit 50% in a separate account to be used by the county exclusively for the purposes specified in s. 767.11.

SB566, s. 47 Section 47. The treatment of 814.63 (1) (c) of the statutes by 2003 Wisconsin Act 30 is not repealed by 2003 Wisconsin Act 268. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 814.63 (1) (c) reads:

(c) This subsection does not apply to an action for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) 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 of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of a safety belt use violation under s. 347.48 (2m).

SB566, s. 48 Section 48. 940.32 (3m) of the statutes, as created by 2003 Wisconsin Act 222, is amended to read:

SB566,17,3 940.32 (3m) A prosecutor need not need show that a victim received or will receive treatment from a mental health professional in order to prove that the victim suffered serious emotional distress under sub. (2) (c) or (2e) (c).

Note: Deletes unnecessary word.

SB566, s. 49 Section 49. 943.21 (3) (am) (intro.) of the statutes, as affected by 2003 Wisconsin Act 80, is amended to read:

SB566,17,6 943.21 (3) (am) (intro.) Whoever violates sub. (1) (1m) (a), (b), or (c):

Note: Inserts correct cross-reference. 2003 Wis. Act 252 renumbered s. 943.21 (1) to s. 943.21 (1m).

SB566, s. 50 Section 50. 943.21 (3) (bm) of the statutes, as created by 2003 Wisconsin Act 80, is amended to read:

SB566,17,10 943.21 (3) (bm) Whoever violates sub. (1) (1m) (d) is subject to a Class D forfeiture.

Note: Inserts correct cross-reference. 2003 Wis. Act 252 renumbered s. 943.21 (1) to s. 943.21 (1m).

SB566, s. 51 Section 51. 943.21 (3m) (a) 2. of the statutes, as created by 2003 Wisconsin Act 80, is amended to read:

SB566,17,14 943.21 (3m) (a) 2. "Repeat offense" means a violation of sub. (1) (1m) (d) that occurs after a person has been found by a court to have violated sub. (1) (1m) (d).

Note: Inserts correct cross-reference. 2003 Wis. Act 252 renumbered s. 943.21 (1) to s. 943.21 (1m).

SB566, s. 52 Section 52. 943.21 (3m) (c) of the statutes, as created by 2003 Wisconsin Act 80, is amended to read:

SB566,18,2 943.21 (3m) (c) Driver's license suspension; 3rd offense. Subject to par. (d), if a person violates sub. (1) (1m) (d) after having been found by a court to have committed an offense that constitutes a repeat offense, the court, in addition to imposing any penalty under sub. (3) (bm), shall suspend the person's operating privilege for not more than 6 months.

Note: Inserts correct cross-reference. 2003 Wis. Act 252 renumbered s. 943.21 (1) to s. 943.21 (1m).

SB566, s. 53 Section 53. 943.21 (3m) (d) of the statutes, as created by 2003 Wisconsin Act 80, is amended to read:

SB566,18,8 943.21 (3m) (d) Driver's license suspension; 4th offense. If a person violates sub. (1) (1m) (d) after having his or her operating privilege suspended under par. (c), the court, in addition to imposing any penalty under sub. (3) (bm), shall suspend the person's operating privilege for one year.

Note: Inserts correct cross-reference. 2003 Wis. Act 252 renumbered s. 943.21 (1) to s. 943.21 (1m).

SB566, s. 54 Section 54. 943.212 (4) (b) of the statutes, as created by 2003 Wisconsin Act 80, is amended to read:

SB566,18,12 943.212 (4) (b) This subsection does not apply to an action based on acts that constitute a violation of s. 943.21 (1) (1m) (d).

Note: Inserts correct cross-reference. 2003 Wis. Act 252 renumbered s. 943.21 (1) to s. 943.21 (1m).

SB566, s. 55 Section 55. 961.41 (1m) (hm) (intro.) of the statutes, as affected by 2001 Wisconsin Act 109, is amended to read:

SB566,19,2 961.41 (1m) (hm) Certain other schedule I controlled substances and ketamine. (intro.) If the person violates this subsection with respect to gamma-hydroxybutyric acid, gamma-butyrolactone, 3,4-methylenedioxymethamphetamine, 4-bromo-2,5-dimethoxy-beta-phenylethylamine, 4-methylthioamphetamine, ketamine, or a controlled substance analog of gamma-hydroxybutyric acid, gamma-butyrolactone, 3,4-methylenedioxymethamphetamine, 4-bromo-2,5-dimethoxy-beta-phenylethylamine, or 4-methylthioamphetamine is subject to the following penalties if the amount possessed, with intent to manufacture, distribute, or deliver is:

Note: Inserts commas between 2 separate substances as indicated by s. 961.14 (4) (am), which states "3,4-methylenedioxymethamphetamine, commonly known as "MDMA"" and s. 961.14 (4) (wg), which states "4-bromo-2,5-dimethoxy-beta-phenylethylamine, commonly known as "2C-B" or "Nexus"."

SB566, s. 56 Section 56. 961.41 (2) (bm) of the statutes, as affected by 2003 Wisconsin Act .... (Senate Bill 562), is amended to read:

SB566,19,14 961.41 (2) (bm) Counterfeit of phencyclidine and certain other drugs. If a person violates this subsection with respect to a counterfeit substance that is a counterfeit of phencyclidine, methamphetamine, lysergic acid diethylamide, gamma-hydroxybutyric acid, gamma-butyrolactone, 3,4-methylenedioxymethamphetamine 4-bromo-2,5-dimethoxy-beta-phenylethyl-amine, 4-bromo-2,5-dimethoxy-beta-phenylethylamine, 4-methylthioamphetamine, or ketamine, the person is subject to the applicable fine and imprisonment for manufacture, distribution, delivery, or possession with intent to manufacture, distribute, or deliver, of the genuine controlled substance under sub. (1) or (1m).

Note: Inserts a comma between 2 separate substances as indicated by s. 961.14 (4) (am), which states "3,4-methylenedioxymethamphetamine, commonly known as "MDMA"" and s. 961.14 (4) (wg), which states "4-bromo-2,5-dimethoxy-beta-phenylethylamine, commonly known as "2C-B" or "Nexus"," and deletes hyphen to correct error in transcribing 2001 Wis. Act 16.

SB566, s. 57 Section 57. The treatment of 973.055 (1) (intro.) of the statutes by 2003 Wisconsin Act 139 is not repealed by 2003 Wisconsin Act 225. Both treatments stand.

Note: There is no conflict of substance. As merged by the revisor, s. 973.055 (1) (intro.) reads:

(1) (intro.) If a court imposes a sentence on an adult person or places an adult person on probation, regardless of whether any fine is imposed, the court shall impose a domestic abuse surcharge under ch. 814 of $75 for each offense if:

SB566, s. 58 Section 58. 2003 Wisconsin Act 176, section 1 is amended by replacing "20.250 (2) (g) of the statutes is created to read:" with "20.250 (2) of the statutes is created to read:".

Note: 2003 Wis. Act 176, section 1, creates all of s. 20.250 (2), not just s. 20.250 (2) (g).

SB566, s. 59 Section 59. 2003 Wisconsin Act 214, section 37 is amended by replacing "82.10 (4) (a) (intro.) The town" with "82.10 (4) (a) (intro.) At The town".

Note: "At" was deleted from the renumbering and amendment of s. 80.05 (2) (a) by 2003 Wis. Act 214, section 37, without being shown as stricken. The change was intended.

SB566, s. 60 Section 60. 2003 Wisconsin Act 239, section 1j is amended by replacing "169.09 (2) of the statutes is created to read:" with "169.09 (2) (b) of the statutes is created to read:".

Note: This provision only created s. 169.09 (2) (b). Section 169.09 (2) was previously existing.

SB566, s. 61 Section 61. Effective dates. This act takes effect on the day after publication, except as follows:

SB566,20,11 (1) The treatment of section 255.055 of the statutes takes effect on July 1, 2005.

SB566,20,13 (2) The treatment of sections 66.0419 (3m) (a) 3., 66.0422 (3d) (a), and 196.204 (5) (ar) 2. of the statutes takes effect on July 1, 2004.

SB566,20,15 (3) The treatment of sections 85.21 (3m) (bm), 346.923 (1) (intro.), (a), (f), and (h), and 346.95 (4) of the statutes takes effect on September 1, 2004.

SB566,20,17 (4) The treatment of section 6.36 (2) (c) 2. of the statutes takes effect on January 1, 2006.

SB566,20,19 (5) The treatment of section 82.16 (title) of the statutes takes effect on January 1, 2005.

SB566,20,20 (End)