LRB-1371/2
RPN:nwn:rs
2009 - 2010 LEGISLATURE
March 19, 2009 - Introduced by Representatives Bies, Mursau, A. Ott and Zepnick.
Referred to Committee on Public Safety.
AB156,1,10 1An Act to repeal 346.65 (2g) (d); to renumber and amend 346.65 (2) (am) 1.,
2346.65 (2) (am) 2., 346.65 (2) (am) 3., 346.65 (2) (am) 4., 346.65 (2) (am) 5., 346.65
3(2) (am) 6. and 346.65 (2) (am) 7.; to amend 48.685 (5) (bm) 4., 346.65 (2) (f),
4346.65 (2c), 346.65 (2e), 346.65 (2g) (a), 346.65 (2g) (ag), 346.65 (7) and 973.09
5(1) (d) 1.; and to create 302.372 (7), 343.38 (1) (d), 346.65 (2) (am) 1. b., 346.65
6(2) (am) 1m., 346.65 (2) (am) 2. b., 346.65 (2) (am) 2m., 346.65 (2) (am) 3. b.,
7346.65 (2) (am) 3m., 346.65 (2) (am) 4. b., 346.65 (2) (am) 5. b., 346.65 (2) (am)
85m., 346.65 (2) (am) 6. b., 346.65 (2) (am) 6g., 346.65 (2) (am) 6m., 346.65 (2)
9(am) 7. b. and 346.65 (2) (h) of the statutes; relating to: reimbursement to
10counties by prisoners and increasing drunk driving penalties.
Analysis by the Legislative Reference Bureau
The bill changes the monetary and imprisonment penalties for operation of a
motor vehicle while under the influence of an intoxicant or controlled substance
offenses (OWI) as follows: - See PDF for table PDF

To determine the number of previous OWI offenses under current law, the court
counts the number of convictions during the person's lifetime of OWI-related
offenses that resulted in injury or death plus the number of suspensions, revocations,
and convictions for violations related to OWI, except that for second offenses, only
the number of suspensions, revocations, and convictions related to OWI violations
within any 10-year period are counted. Under the bill, the court counts the number
of convictions during the person's lifetime of OWI-related offenses that resulted in
injury or death plus the number of suspensions, revocations and other convictions
of violations related to OWI within the 10 years immediately preceding the current
violation.
Under current law, a county may seek reimbursement from a person who was
confined to the county jail for the actual per-day cost of maintaining the person in
the jail, for the cost of investigating the person's financial status, and for other county
expenses related to collecting the reimbursement. Under this bill, if the county
decides to seek reimbursement from a person who was confined in the county jail as
the result of an OWI-related violation, the Department of Transportation (DOT)
may not reinstate the violator's operating privilege until the county notifies DOT
that the person has reimbursed the county or that the county is no longer seeking
reimbursement from the person.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB156, s. 1 1Section 1. 48.685 (5) (bm) 4. of the statutes is amended to read:
AB156,5,72 48.685 (5) (bm) 4. A violation of s. 940.19 (3), 1999 stats., or of s. 125.075 (1),
3125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3), 125.68 (12), 940.09, 940.19 (2), (4), (5),
4or (6), 940.20, 940.203, 940.205, 940.207, or 940.25, a violation of s. 346.63 (1), (2),
5(5), or (6) that is a felony under s. 346.65 (2) (am) 4., 5., 5m., 6., 6g., 6m., or 7., or (f),
6(2j) (d), or (3m), or an offense under ch. 961 that is a felony, if committed not more
7than 5 years before the date of the investigation under sub. (2) (am).
AB156, s. 2 8Section 2. 302.372 (7) of the statutes is created to read:
AB156,6,49 302.372 (7) Restriction on violator's operating privilege. If the county seeks
10reimbursement under this section or as otherwise provided in chs. 301 to 303 from
11a prisoner who was confined to the jail as the result of a violation under s. 346.63,

1940.09 (1), or 940.25, the department of transportation may not reinstate the
2violator's operating privilege until the county notifies the department that the
3violator has reimbursed the amount owed to the county or that the county is no longer
4seeking reimbursement from the violator.
AB156, s. 3 5Section 3. 343.38 (1) (d) of the statutes is created to read:
AB156,6,66 343.38 (1) (d) Has paid any amount specified in s. 302.372 (7).
AB156, s. 4 7Section 4. 346.65 (2) (am) 1. of the statutes is renumbered 346.65 (2) (am) 1.
8a. and amended to read:
AB156,6,119 346.65 (2) (am) 1. a. Shall forfeit If the person had an alcohol concentration of
10less than 0.15, shall be fined
not less than $150 nor more than $300 and imprisoned
11for 5 days
, except as provided in subds. 2. to 5. 7. and par. (f).
AB156, s. 5 12Section 5. 346.65 (2) (am) 1. b. of the statutes is created to read:
AB156,6,1713 346.65 (2) (am) 1. b. The person is not eligible for home detention under s.
14302.425, good time under s. 302.43, release from jail for employment under s. 303.08
15(1) (b), transfer to a county work camp under s. 303.10, release to perform community
16service unless s. 973.07 applies, or diminution of the sentence under s. 303.19 (3), for
17the first 5 days of confinement.
AB156, s. 6 18Section 6. 346.65 (2) (am) 1m. of the statutes is created to read:
AB156,6,2119 346.65 (2) (am) 1m. a. If the person had an alcohol concentration of 0.15 or
20more, shall be fined not less than $150 nor more than $300 and imprisoned for 8 days,
21except as provided in subds. 2. to 7. and par. (f).
AB156,7,222 b. The person is not eligible for home detention under s. 302.425, good time
23under s. 302.43, release from jail for employment under s. 303.08 (1) (b), transfer to
24a county work camp under s. 303.10, release to perform community service unless

1s. 973.07 applies, or diminution of the sentence under s. 303.19 (3), for the first 8 days
2of confinement.
AB156, s. 7 3Section 7. 346.65 (2) (am) 2. of the statutes is renumbered 346.65 (2) (am) 2.
4a. and amended to read:
AB156,7,125 346.65 (2) (am) 2. a. Except as provided in pars. (bm) and (f), shall be fined not
6less than $350 nor more than $1,100 and imprisoned for not less than 5 45 days nor
7more than 6 9 months if the person had an alcohol concentration of less than 0.15 and
8if the
number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime,
9plus the total number of suspensions, revocations, and other convictions counted
10under s. 343.307 (1) within a 10-year period the immediately preceding 10 years,
11equals 2, except that suspensions, revocations, or convictions arising out of the same
12incident or occurrence shall be counted as one
.
AB156, s. 8 13Section 8. 346.65 (2) (am) 2. b. of the statutes is created to read:
AB156,7,1814 346.65 (2) (am) 2. b. The person sentenced under subd. 2. a. is not eligible for
15home detention under s. 302.425, good time under s. 302.43, release from jail for
16employment under s. 303.08 (1) (b), transfer to a county work camp under s. 303.10,
17release to perform community service unless s. 973.07 applies, or diminution of the
18sentence under s. 303.19 (3), for the first 45 days of confinement.
AB156, s. 9 19Section 9. 346.65 (2) (am) 2m. of the statutes is created to read:
AB156,7,2520 346.65 (2) (am) 2m. a. Except as provided in pars. (bm) and (f), shall be fined
21not less than $350 nor more than $1,100 and imprisoned for not less than 60 days
22nor more than 9 months if the person had an alcohol concentration of 0.15 or more
23and if the number of convictions under ss. 940.09 (1) and 940.25 in the person's
24lifetime, plus the total number of suspensions, revocations, and other convictions
25counted under s. 343.307 (1) within the immediately preceding 10 years, equals 2.
AB156,8,5
1b. The person sentenced under subd. 2m. a. is not eligible for home detention
2under s. 302.425, good time under s. 302.43, release from jail for employment under
3s. 303.08 (1) (b), transfer to a county work camp under s. 303.10, release to perform
4community service unless s. 973.07 applies, or diminution of the sentence under s.
5303.19 (3), for the first 60 days of confinement.
AB156, s. 10 6Section 10. 346.65 (2) (am) 3. of the statutes is renumbered 346.65 (2) (am)
73. a. and amended to read:
AB156,8,158 346.65 (2) (am) 3. a. Except as provided in pars. (cm), (f), and (g), shall be fined
9not less than $600 nor more than $2,000 and imprisoned for not less than 30 days
106 months nor more than one year in the county jail if the person had an alcohol
11concentration of less than 0.15 and if the
number of convictions under ss. 940.09 (1)
12and 940.25 in the person's lifetime, plus the total number of suspensions,
13revocations, and other convictions counted under s. 343.307 (1) within the
14immediately preceding 10 years
, equals 3, except that suspensions, revocations, or
15convictions arising out of the same incident or occurrence shall be counted as one
.
AB156, s. 11 16Section 11. 346.65 (2) (am) 3. b. of the statutes is created to read:
AB156,8,2117 346.65 (2) (am) 3. b. The person sentenced under subd. 3. a. is not eligible for
18home detention under s. 302.425, good time under s. 302.43, release from jail for
19employment under s. 303.08 (1) (b), transfer to a county work camp under s. 303.10,
20release to perform community service unless s. 973.07 applies, or diminution of the
21sentence under s. 303.19 (3), for the first 6 months of confinement.
AB156, s. 12 22Section 12. 346.65 (2) (am) 3m. of the statutes is created to read:
AB156,9,423 346.65 (2) (am) 3m. a. Except as provided in pars. (cm), (f), and (g), shall be
24fined not less than $600 nor more than $2,000 and imprisoned for not less than 9
25months nor more than 18 months if the person had an alcohol concentration of 0.15

1or more and if the number of convictions under ss. 940.09 (1) and 940.25 in the
2person's lifetime, plus the total number of suspensions, revocations, and other
3convictions counted under s. 343.307 (1) within the immediately preceding 10 years,
4equals 3.
AB156,9,95 b. The person sentenced under subd. 3m. a. is not eligible for home detention
6under s. 302.425, good time under s. 302.43, release from jail for employment under
7s. 303.08 (1) (b), transfer to a county work camp under s. 303.10, release to perform
8community service unless s. 973.07 applies, or diminution of the sentence under s.
9303.19 (3), for the first 9 months of confinement.
AB156, s. 13 10Section 13. 346.65 (2) (am) 4. of the statutes is renumbered 346.65 (2) (am)
114. a. and amended to read:
AB156,9,1812 346.65 (2) (am) 4. a. Except as provided in pars. (f) and (g), shall be fined not
13less than $600 nor more than $2,000 and imprisoned for not less than 60 days 21
14months
nor more than one year in the county jail 3 years if the number of convictions
15under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of
16suspensions, revocations and other convictions counted under s. 343.307 (1) within
17the immediately preceding 10 years
, equals 4, except that suspensions, revocations
18or convictions arising out of the same incident or occurrence shall be counted as one
.
AB156, s. 14 19Section 14. 346.65 (2) (am) 4. b. of the statutes is created to read:
AB156,9,2420 346.65 (2) (am) 4. b. The person sentenced under subd. 4. a. is not eligible for
21home detention under s. 302.425, good time under s. 302.43, release from jail for
22employment under s. 303.08 (1) (b), transfer to a county work camp under s. 303.10,
23release to perform community service unless s. 973.07 applies, or diminution of the
24sentence under s. 303.19 (3), for the first 21 months of confinement.
AB156, s. 15
1Section 15. 346.65 (2) (am) 5. of the statutes is renumbered 346.65 (2) (am)
25. a. and amended to read:
AB156,10,93 346.65 (2) (am) 5. a. Except as provided in pars. (f) and (g), is guilty of a Class
4H felony and shall be fined not less than $600 $2,000 and imprisoned for not less than
56 months 2 years if the number of convictions under ss. 940.09 (1) and 940.25 in the
6person's lifetime, plus the total number of suspensions, revocations and other
7convictions counted under s. 343.307 (1) within the immediately preceding 10 years,
8equals 5 or 6, except that suspensions, revocations or convictions arising out of the
9same incident or occurrence shall be counted as one
.
AB156, s. 16 10Section 16. 346.65 (2) (am) 5. b. of the statutes is created to read:
AB156,10,1511 346.65 (2) (am) 5. b. The person sentenced under subd. 5. a. is not eligible for
12home detention under s. 302.425, good time under s. 302.43, release from jail for
13employment under s. 303.08 (1) (b), transfer to a county work camp under s. 303.10,
14release to perform community service unless s. 973.07 applies, or diminution of the
15sentence under s. 303.19 (3), for the first 2 years of confinement.
AB156, s. 17 16Section 17. 346.65 (2) (am) 5m. of the statutes is created to read:
AB156,10,2117 346.65 (2) (am) 5m. a. Except as provided in par. (f), is guilty of a Class H felony
18and shall be fined not less than $2,500 and imprisoned for not less than 3 years if the
19number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus
20the total number of suspensions, revocations, and other convictions counted under
21s. 343.307 (1) within the immediately preceding 10 years, equals 6.
AB156,11,222 b. The person sentenced under subd. 5m a. is not eligible for home detention
23under s. 302.425, good time under s. 302.43, release from jail for employment under
24s. 303.08 (1) (b), transfer to a county work camp under s. 303.10, release to perform

1community service unless s. 973.07 applies, or diminution of the sentence under s.
2303.19 (3), for the first 3 years of confinement.
AB156, s. 18 3Section 18. 346.65 (2) (am) 6. of the statutes is renumbered 346.65 (2) (am)
46. a. and amended to read:
AB156,11,115 346.65 (2) (am) 6. a. Except as provided in par. (f), is guilty of a Class G felony
6and shall be imprisoned for not less than 4 years if the number of convictions under
7ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of
8suspensions, revocations, and other convictions counted under s. 343.307 (1) within
9the immediately preceding 10 years
, equals 7, 8, or 9, except that suspensions,
10revocations, or convictions arising out of the same incident or occurrence shall be
11counted as one
.
AB156, s. 19 12Section 19. 346.65 (2) (am) 6. b. of the statutes is created to read:
AB156,11,1713 346.65 (2) (am) 6. b. The person sentenced under subd. 6. a. is not eligible for
14home detention under s. 302.425, good time under s. 302.43, release from jail for
15employment under s. 303.08 (1) (b), transfer to a county work camp under s. 303.10,
16release to perform community service unless s. 973.07 applies, or diminution of the
17sentence under s. 303.19 (3), for the first 4 years of confinement.
AB156, s. 20 18Section 20. 346.65 (2) (am) 6g. of the statutes is created to read:
AB156,11,2319 346.65 (2) (am) 6g. a. Except as provided in par. (f), is guilty of a Class G felony
20and shall be imprisoned for not less than 5 years if the number of convictions under
21ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of
22suspensions, revocations, and other convictions counted under s. 343.307 (1) within
23the immediately preceding 10 years, equals 8.
AB156,12,324 b. The person sentenced under subd. 6g a. is not eligible for home detention
25under s. 302.425, good time under s. 302.43, release from jail for employment under

1s. 303.08 (1) (b), transfer to a county work camp under s. 303.10, release to perform
2community service unless s. 973.07 applies, or diminution of the sentence under s.
3303.19 (3), for the first 5 years of confinement.
AB156, s. 21 4Section 21. 346.65 (2) (am) 6m. of the statutes is created to read:
AB156,12,95 346.65 (2) (am) 6m. Except as provided in par. (f), is guilty of a Class G felony
6and shall be imprisoned for not less than 6 years if the number of convictions under
7ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of
8suspensions, revocations, and other convictions counted under s. 343.307 (1) within
9the immediately preceding 10 years, equals 9.
AB156,12,1410 b. The person sentenced under subd. 6m. a. is not eligible for home detention
11under s. 302.425, good time under s. 302.43, release from jail for employment under
12s. 303.08 (1) (b), transfer to a county work camp under s. 303.10, release to perform
13community service unless s. 973.07 applies, or diminution of the sentence under s.
14303.19 (3), for the first 6 years of confinement.
AB156, s. 22 15Section 22. 346.65 (2) (am) 7. of the statutes is renumbered 346.65 (2) (am)
167. a. and amended to read:
AB156,12,2317 346.65 (2) (am) 7. a. Except as provided in par. (f), is guilty of a Class F felony
18and shall be imprisoned for not less than 7 years if the number of convictions under
19ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of
20suspensions, revocations, and other convictions counted under s. 343.307 (1) within
21the immediately preceding 10 years
, equals 10 or more except that suspensions,
22revocations, or convictions arising out of the same incident or occurrence shall be
23counted as one
.
AB156, s. 23 24Section 23. 346.65 (2) (am) 7. b. of the statutes is created to read:
AB156,13,5
1346.65 (2) (am) 7. b. The person sentenced under subd. 7. a. is not eligible for
2home detention under s. 302.425, good time under s. 302.43, release from jail for
3employment under s. 303.08 (1) (b), transfer to a county work camp under s. 303.10,
4release to perform community service unless s. 973.07 applies, or diminution of the
5sentence under s. 303.19 (3), for the first 7 years of confinement.
AB156, s. 24 6Section 24. 346.65 (2) (f) of the statutes is amended to read:
AB156,13,137 346.65 (2) (f) If there was a minor passenger under 16 years of age in the motor
8vehicle at the time of the violation that gave rise to the conviction under s. 346.63 (1),
9the applicable minimum and maximum forfeitures, fines , or imprisonment under
10par. (am) for the conviction are doubled. An offense under s. 346.63 (1) that subjects
11a person to a penalty under par. (am) 3., 4., 5., 6., or 7. or 3m. when there is a minor
12passenger under 16 years of age in the motor vehicle is a felony and the place of
13imprisonment shall be determined under s. 973.02.
AB156, s. 25 14Section 25. 346.65 (2) (h) of the statutes is created to read:
AB156,13,1615 346.65 (2) (h) In this subsection, suspensions, revocations, or convictions
16arising out of the same incident or occurrence shall be counted as one.
AB156, s. 26 17Section 26. 346.65 (2c) of the statutes is amended to read:
AB156,13,2318 346.65 (2c) In sub. (2) (am) 2., 3., 4., 5., 6., and 7., the time period shall be
19measured from the dates of the refusals or violations that resulted in the revocation
20or convictions. If a person has a suspension, revocation, or conviction for any offense
21under a local ordinance or a state statute of another state that would be counted
22under s. 343.307 (1), that suspension, revocation, or conviction shall count as a prior
23suspension, revocation, or conviction under sub. (2) (am) 2., 3., 4., 5., 6., and 7.
AB156, s. 27 24Section 27. 346.65 (2e) of the statutes is amended to read:
AB156,14,6
1346.65 (2e) If the court determines that a person does not have the ability to
2pay the costs and fine or forfeiture imposed under sub. (2) (am), (f), or (g), the court
3may reduce the costs, and fine, and forfeiture imposed and order the person to pay,
4toward the cost of the assessment and driver safety plan imposed under s. 343.30 (1q)
5(c), the difference between the amount of the reduced costs and fine or forfeiture and
6the amount of costs and fine or forfeiture imposed under sub. (2) (am), (f), or (g).
AB156, s. 28 7Section 28. 346.65 (2g) (a) of the statutes is amended to read:
AB156,14,168 346.65 (2g) (a) In addition to the authority of the court under s. 973.05 (3) (a)
9to provide that a defendant perform community service work for a public agency or
10a nonprofit charitable organization in lieu of part or all of a fine imposed under sub.
11(2) (am) 2., 2m., 3., 3m., 4., and 5., and 5m., (f), and (g) and except as provided in par.
12(ag), the court may provide that a defendant perform community service work for a
13public agency or a nonprofit charitable organization in lieu of part or all of a forfeiture
14under sub. (2) (am) 1.
or the court may require a person who is subject to sub. (2) to
15perform community service work for a public agency or a nonprofit charitable
16organization in addition to the penalties specified under sub. (2).
AB156, s. 29 17Section 29. 346.65 (2g) (ag) of the statutes is amended to read:
AB156,14,2518 346.65 (2g) (ag) If the court determines that a person does not have the ability
19to pay a fine imposed under sub. (2) (am) 2., 2m., 3., 3m., 4., or 5., or 5m., (f), or (g),
20the court shall require the defendant to perform community service work for a public
21agency or a nonprofit charitable organization in lieu of paying the fine imposed or,
22if the amount of the fine was reduced under sub. (2e), in lieu of paying the remaining
23amount of the fine. Each hour of community service performed in compliance with
24an order under this paragraph shall reduce the amount of the fine owed by an amount
25determined by the court.
AB156, s. 30
1Section 30. 346.65 (2g) (d) of the statutes is repealed.
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