AB151: Bill Text

AB151, s. 19 Section 19. 346.65 (2) (am) 1m. of the statutes is created to read:

AB151,14,11 346.65 (2) (am) 1m. If the person had an alcohol concentration of 0.12 or more, shall be fined not less than $500 nor more than $2,500 and imprisoned for not less than 5 days nor more than 6 months, except as provided in subds. 2. to 7. and par. (f).

AB151, s. 20 Section 20. 346.65 (2) (am) 2. of the statutes is amended to read:

AB151,14,19 346.65 (2) (am) 2. Except as provided in pars. (bm) and (f), shall be fined not less than $350 $700 nor more than $1,100 $2,500 and imprisoned for not less than 5 15 days nor more than 6 9 months if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1) within a 10-year period, equals 2, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.

AB151, s. 21 Section 21. 346.65 (2) (am) 3. of the statutes is amended to read:

AB151,15,2 346.65 (2) (am) 3. Except as provided in pars. (cm), (f), and (g), shall be fined not less than $600 $1000 nor more than $2,000 $2,500 and imprisoned for not less than 30 60 days nor more than one year in the county jail if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1), equals 3, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.

AB151, s. 22 Section 22. 346.65 (2) (am) 4. of the statutes is amended to read:

AB151,15,10 346.65 (2) (am) 4. Except as provided in pars. (f) and (g), is guilty of a Class I felony and shall be fined not less than $600 nor more than $2,000 $1,500 and imprisoned for not less than 60 days nor more than one year in the county jail if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations and other convictions counted under s. 343.307 (1), equals 4, except that suspensions, revocations or convictions arising out of the same incident or occurrence shall be counted as one.

AB151, s. 23 Section 23. 346.65 (2) (am) 5. of the statutes is amended to read:

AB151,15,18 346.65 (2) (am) 5. Except as provided in pars. (f) and (g), is guilty of a Class H felony and shall be fined not less than $600 $2,000 and imprisoned for not less than 6 months 2 years if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations and other convictions counted under s. 343.307 (1), equals 5 or 6, except that suspensions, revocations or convictions arising out of the same incident or occurrence shall be counted as one.

AB151, s. 24 Section 24. 346.65 (2) (am) 5m. of the statutes is created to read:

AB151,15,25 346.65 (2) (am) 5m. Except as provided in pars. (f) and (g), is guilty of a Class G felony and shall be fined not less than $2,500 and imprisoned for not less than 3 years if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1), equals 6, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.

AB151, s. 25 Section 25. 346.65 (2) (am) 6. of the statutes is amended to read:

AB151,16,7 346.65 (2) (am) 6. Except as provided in par. (f), is guilty of a Class G F felony and shall be fined not less than $3,000 and imprisoned for not less than 4 years if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1), equals 7, 8, or 9, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.

AB151, s. 26 Section 26. 346.65 (2) (am) 7. of the statutes is amended to read:

AB151,16,14 346.65 (2) (am) 7. Except as provided in par. (f), is guilty of a Class F E felony and shall be fined not less than $3,500 and imprisoned for not less than 5 years if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1), equals 10 or more except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.

AB151, s. 27 Section 27. 346.65 (6) (a) 1. of the statutes is amended to read:

AB151,17,3 346.65 (6) (a) 1. The court may order a law enforcement officer to seize the motor vehicle used in the violation or improper refusal and owned by the person whose operating privilege is revoked under s. 343.305 (10) or who committed a violation of s. 346.63 (1) (a), (am), or (b) or (2) (a) 1., 2., or 3., 940.09 (1) (a), (am), (b), (c), (cm), or (d), or 940.25 (1) (a), (am), (b), (c), (cm), or (d) if the person whose operating privilege is revoked under s. 343.305 (10) or who is convicted of the violation has 2 or more prior suspensions, revocations, or convictions, counting convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus other convictions, suspensions, or revocations counted under s. 343.307 (1). The court may not order a motor vehicle seized if the court enters an order under s. 343.301 to immobilize the motor vehicle or equip the motor vehicle with an ignition interlock device or if seizure would result in undue hardship or extreme inconvenience or would endanger the health and safety of a person.

AB151, s. 28 Section 28. 346.70 (3m) (b) of the statutes is amended to read:

AB151,17,11 346.70 (3m) (b) The department shall tabulate and may analyze all accident reports and shall publish annually monthly or at more frequent intervals statistical information based thereon as to the number and circumstances of traffic accidents. The reports shall include a tabulation of the number of accidents in which the consumption of intoxicants or other drugs were contributing factors to the accidents and information as to the amounts of intoxicants or other drugs that were in the blood of the drivers involved in the accidents.

AB151, s. 29 Section 29. 347.417 (1) of the statutes is amended to read:

AB151,17,17 347.417 (1) No person may remove, disconnect, tamper with, or otherwise circumvent the operation of any immobilization device installed in response to a court order under s. 346.65 (6), 1999 stats., or s. 343.301 (2), 2007 stats. This subsection does not apply to the removal of an immobilization device pursuant to a court order or to necessary repairs to a malfunctioning immobilization device.

AB151, s. 30 Section 30. 347.417 (2) of the statutes is amended to read:

AB151,17,23 347.417 (2) The department shall design a warning label which shall be affixed by the owner of each immobilization device before the device is used to immobilize any motor vehicle under s. 346.65 (6), 1999 stats., or s. 343.301 (2), 2007 stats. The label shall provide notice of the penalties for removing, disconnecting, tampering with, or otherwise circumventing the operation of the immobilization device.

AB151, s. 31 Section 31. 940.09 (1d) (a) 1. of the statutes is amended to read:

AB151,18,8 940.09 (1d) (a) 1. Except as provided in subd. 2., if the person who committed an offense under sub. (1) (a), (am), (b), (c), (cm), or (d) has 2 or more prior convictions, suspensions, or revocations, counting convictions under sub. (1) and s. 940.25 in the person's lifetime, plus other convictions, suspensions, or revocations counted under s. 343.307 (1) had an alcohol concentration of less than 0.12 or more at the time of the offense, the procedure under s. 343.301 (1) (a) shall be followed if the court enters an order regarding operating privilege restriction or enters an order regarding immobilization.

AB151, s. 32 Section 32. 940.09 (1d) (a) 2. of the statutes is amended to read:

AB151,18,16 940.09 (1d) (a) 2. Notwithstanding par. (b), if the person who committed an offense under sub. (1) (a), (am), (b), (c), (cm), or (d) has 2 or more convictions, suspensions, or revocations counted under s. 343.307 (1) within any 5-year period had an alcohol concentration of 0.12 or more at the time of the offense, the procedure under s. 343.301 (1) (bm) shall be followed if the court enters an order regarding operating privilege restriction and the installation of an ignition interlock device or enters an order regarding immobilization.

AB151, s. 33 Section 33. 940.25 (1d) (a) 1. of the statutes is amended to read:

AB151,18,25 940.25 (1d) (a) 1. Except as provided in subd. 2., if the person who committed an offense under sub. (1) (a), (am), (b), (c), (cm), or (d) has 2 or more prior convictions, suspensions, or revocations, counting convictions under sub. (1) and s. 940.09 (1) in the person's lifetime, plus other convictions, suspensions, or revocations counted under s. 343.307 (1) had an alcohol concentration of less than 0.12 or more at the time of the offense, the procedure under s. 343.301 (1) (a) shall be followed if the court enters an order regarding operating privilege restriction or enters an order regarding immobilization.

AB151, s. 34 Section 34. 940.25 (1d) (a) 2. of the statutes is amended to read:

AB151,19,8 940.25 (1d) (a) 2. Notwithstanding par. (b), if the person who committed an offense under sub. (1) (a), (am), (b), (c), (cm), or (d) has 2 or more convictions, suspensions, or revocations counted under s. 343.307 (1) within any 5-year period had an alcohol concentration of 0.12 or more at the time of the offense, the procedure under s. 343.301 (1) (bm) shall be followed if the court enters an order regarding operating privilege restriction and the installation of an ignition interlock device or enters an order regarding immobilization.

AB151, s. 35 Section 35. 973.05 (3) (a) of the statutes is amended to read:

AB151,19,21 973.05 (3) (a) In lieu of part or all of a fine imposed by a court, the court may stay the execution of part or all of the sentence and provide that the defendant perform community service work under pars. (b) and (c). If the defendant's fine was imposed under s. 346.65 (2) (am) 1m. to 7., (f), and (g), the court may stay the execution of part or all of the sentence and shall provide that the defendant perform community service work under pars. (b) and (c). Any applicable driver improvement surcharge under s. 346.655 or any domestic abuse surcharge under s. 973.055 shall be imposed under ch. 814 regardless of whether part or all of the sentence has been stayed. If the defendant fails to comply with the community service order, the court shall order the defendant brought before the court for imposition of sentence. If the defendant complies with the community service order, he or she has satisfied that portion of the sentence.

AB151, s. 36 Section 36. Initial applicability.

AB151,20,2 (1) This act first applies to violations committed on the effective date of this subsection but does not preclude the counting of other convictions, suspensions, or revocations as prior convictions, suspensions, or revocations for purposes of administrative action by the department of transportation or sentencing by a court.

AB151,20,3 (End)