LRB-0934/1
PJH:bjk:ph
2009 - 2010 LEGISLATURE
April 30, 2009 - Introduced by Representatives Zigmunt, Staskunas, Strachota
and Barca, cosponsored by Senator Plale. Referred to Committee on Public
Safety.
AB244,1,4
1An Act to repeal 346.65 (2) (am) 4.; and
to amend 346.65 (2) (am) 5., 346.65 (2)
2(am) 6., 346.65 (2) (am) 7., 346.65 (2) (f), 346.65 (2c), 346.65 (2g) (a), 346.65 (2g)
3(ag) and 346.65 (7) of the statutes;
relating to: fines and terms of
4imprisonment for certain drunken driving offenses and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, a person who commits an offense relating to operating a
vehicle while intoxicated or under the influence of a controlled substance (OWI) is
subject to a forfeiture or fine and, for a second or subsequent offense, a period of
imprisonment. Currently, a person who commits a second OWI offense is subject to
a fine between $350 and $1,100 and may be imprisoned for not less than five days
nor more than six months, a person who commits a third offense is subject to a fine
between $600 and $2000 and may be imprisoned for not less than 30 days nor more
than one year, a person who commits a fourth offense may be fined between $600 and
$2000 and may be imprisoned for not less than 60 days nor more than one year.
Upon committing a fifth or sixth OWI offense, a person is guilty of a Class H
felony, and is subject to a minimum fine of $600, a six month minimum term of
imprisonment and a maximum term of imprisonment of six years. A seventh, eighth,
or ninth OWI offense is a Class G felony, and the person is subject to a maximum fine
of $25,000 and a maximum term of imprisonment of ten years. A tenth or subsequent
OWI offense is a Class F felony, and the person is subject to a maximum fine of
$25,000, and a maximum term of imprisonment of 12 years and six months.
Under current law, a person who is sentenced for a felony is sentenced to a
bifurcated sentence, and the person serves a portion of his or her sentence confined
in a prison and a portion under extended supervision outside of prison.
This bill makes a fourth OWI offense a Class H felony and requires a person who
commits a fourth, fifth, or sixth OWI offense to serve a minimum of two years in
prison under a bifurcated sentence. The bill requires a person who commits a
seventh, eighth, or ninth OWI offense to serve a minimum of three years in prison
under a bifurcated sentence and a person who commits a tenth or subsequent OWI
offense to serve a minimum of four years in prison under a bifurcated sentence.
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:
AB244, s. 1
1Section
1. 346.65 (2) (am) 4. of the statutes is repealed.
AB244, s. 2
2Section
2. 346.65 (2) (am) 5. of the statutes is amended to read:
AB244,2,103
346.65
(2) (am) 5. Except as provided in pars. (f) and (g), is guilty of a Class H
4felony and shall be fined not less than $600
and imprisoned for not less than 6 months 5if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime,
6plus the total number of suspensions, revocations and other convictions counted
7under s. 343.307 (1), equals
4, 5
, or 6, except that suspensions, revocations or
8convictions arising out of the same incident or occurrence shall be counted as one.
9The confinement portion of a bifurcated sentence imposed on the person under s.
10973.01 shall be not less than 2 years.
AB244, s. 3
11Section
3. 346.65 (2) (am) 6. of the statutes is amended to read:
AB244,3,212
346.65
(2) (am) 6. Except as provided in par. (f), is guilty of a Class G felony if
13the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime,
14plus the total number of suspensions, revocations, and other convictions counted
15under s. 343.307 (1), equals 7, 8, or 9, except that suspensions, revocations, or
16convictions arising out of the same incident or occurrence shall be counted as one.
1The confinement portion of a bifurcated sentence imposed on the person under s.
2973.01 shall be not less than 3 years.
AB244, s. 4
3Section
4. 346.65 (2) (am) 7. of the statutes is amended to read:
AB244,3,104
346.65
(2) (am) 7. Except as provided in par. (f), is guilty of a Class F felony if
5the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime,
6plus the total number of suspensions, revocations, and other convictions counted
7under s. 343.307 (1), equals 10 or more except that suspensions, revocations, or
8convictions arising out of the same incident or occurrence shall be counted as one.
9The confinement portion of a bifurcated sentence imposed on the person under s.
10973.01 shall be not less than 4 years.
AB244, s. 5
11Section
5. 346.65 (2) (f) of the statutes is amended to read:
AB244,3,1812
346.65
(2) (f) If there was a minor passenger under 16 years of age in the motor
13vehicle at the time of the violation that gave rise to the conviction under s. 346.63 (1),
14the applicable minimum and maximum forfeitures, fines, or imprisonment under
15par. (am) for the conviction are doubled. An offense under s. 346.63 (1) that subjects
16a person to a penalty under par. (am) 3.,
4., 5., 6., or 7. when there is a minor
17passenger under 16 years of age in the motor vehicle is a felony and the place of
18imprisonment shall be determined under s. 973.02.
AB244, s. 6
19Section
6. 346.65 (2c) of the statutes is amended to read:
AB244,3,2520
346.65
(2c) In sub. (2) (am) 2., 3.,
4., 5., 6., and 7., the time period shall be
21measured from the dates of the refusals or violations that resulted in the revocation
22or convictions. If a person has a suspension, revocation, or conviction for any offense
23under a local ordinance or a state statute of another state that would be counted
24under s. 343.307 (1), that suspension, revocation, or conviction shall count as a prior
25suspension, revocation, or conviction under sub. (2) (am) 2., 3.,
4., 5., 6., and 7.
AB244, s. 7
1Section
7. 346.65 (2g) (a) of the statutes is amended to read:
AB244,4,102
346.65
(2g) (a) In addition to the authority of the court under s. 973.05 (3) (a)
3to provide that a defendant perform community service work for a public agency or
4a nonprofit charitable organization in lieu of part or all of a fine imposed under sub.
5(2) (am) 2., 3.,
4., and 5., (f), and (g) and except as provided in par. (ag), the court may
6provide that a defendant perform community service work for a public agency or a
7nonprofit charitable organization in lieu of part or all of a forfeiture under sub. (2)
8(am) 1. or may require a person who is subject to sub. (2) to perform community
9service work for a public agency or a nonprofit charitable organization in addition
10to the penalties specified under sub. (2).
AB244, s. 8
11Section
8. 346.65 (2g) (ag) of the statutes is amended to read:
AB244,4,1912
346.65
(2g) (ag) If the court determines that a person does not have the ability
13to pay a fine imposed under sub. (2) (am) 2., 3.,
4., or 5., (f), or (g), the court shall
14require the defendant to perform community service work for a public agency or a
15nonprofit charitable organization in lieu of paying the fine imposed or, if the amount
16of the fine was reduced under sub. (2e), in lieu of paying the remaining amount of the
17fine. Each hour of community service performed in compliance with an order under
18this paragraph shall reduce the amount of the fine owed by an amount determined
19by the court.
AB244, s. 9
20Section
9. 346.65 (7) of the statutes is amended to read:
AB244,4,2321
346.65
(7) A person convicted under sub. (2) (am) 2., 3.,
4., 5., 6., or 7. or (2j)
22(am) 2. or 3. shall be required to remain in the county jail for not less than a
2348-consecutive-hour period.