AB283: Bill Text Engrossed

AB283-engrossed, s. 61 Section 61. 757.05 (1) (a) of the statutes is amended to read:

AB283-engrossed,26,11 757.05 (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), (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, violations under s. 343.51 (1m) (b), 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 26 percent 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.

AB283-engrossed, s. 62 Section 62. 814.63 (1) (c) of the statutes is amended to read:

AB283-engrossed,26,18 814.63 (1) (c) This subsection does not apply to an action for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (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 under s. 343.51 (1m) (b), or a safety belt use violation under s. 347.48 (2m).

AB283-engrossed, s. 63 Section 63. 814.63 (2) of the statutes is amended to read:

AB283-engrossed,27,3 814.63 (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 of 0.08 or more but less than 0.1 at the time of the violation, or for a violation under s. 343.51 (1m) (b) or 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.

AB283-engrossed, s. 64 Section 64. 814.65 (1) of the statutes is amended to read:

AB283-engrossed,27,15 814.65 (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 of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of an ordinance in conformity with s. 343.51 (1m) (b) or 347.48 (2m), the municipal judge shall collect a fee of not less than $15 nor more than $28 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 secretary of administration for deposit in the general fund and shall retain the balance for the use of the municipality.

AB283-engrossed, s. 65 Section 65. 814.65 (1) of the statutes, as affected by 2009 Wisconsin Acts 28 and .... (this act), is repealed and recreated to read:

AB283-engrossed,28,2 814.65 (1) Court costs. In a municipal court action, for a financial responsibility violation under s. 344.62 (2) or for a violation of an ordinance in conformity with s. 343.51 (1m) (b) or 347.48 (2m), the municipal judge shall collect a fee of not less than $15 nor more than $28 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 secretary of administration for deposit in the general fund and shall retain the balance for the use of the municipality.

AB283-engrossed, s. 66 Section 66. 814.75 (9m) of the statutes is created to read:

AB283-engrossed,28,4 814.75 (9m) The district attorney surcharge under s. 346.657.

AB283-engrossed, s. 67 Section 67. 814.76 (7m) of the statutes is created to read:

AB283-engrossed,28,6 814.76 (7m) The district attorney surcharge under s. 346.657.

AB283-engrossed, s. 68 Section 68. 814.78 (7m) of the statutes is created to read:

AB283-engrossed,28,8 814.78 (7m) The district attorney surcharge under s. 346.657.

AB283-engrossed, s. 69 Section 69. 814.79 (4r) of the statutes is created to read:

AB283-engrossed,28,10 814.79 (4r) The district attorney surcharge under s. 346.657.

AB283-engrossed, s. 70 Section 70. 814.85 (1) (a) of the statutes is amended to read:

AB283-engrossed,28,19 814.85 (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 of 0.08 or more but less than 0.1 at the time of the violation, or for a violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $68 court support services surcharge 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).

AB283-engrossed, s. 71 Section 71. 814.85 (1) (a) of the statutes, as affected by 2009 Wisconsin Acts 28 and .... (this act), is repealed and recreated to read:

AB283-engrossed,29,2 814.85 (1) (a) Except for an action for a financial responsibility violation under s. 344.62 (2), or for a violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $68 court support services surcharge 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).

AB283-engrossed, s. 72 Section 72. 814.86 (1) of the statutes, as affected by 2009 Wisconsin Act 28, section 3240, is amended to read:

AB283-engrossed,29,13 814.86 (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 of 0.08 or more but less than 0.1 at the time of the violation, or for a violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $21.50 justice information system surcharge 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 surcharge is in addition to the surcharge listed in sub. (1m).

AB283-engrossed, s. 73 Section 73. 814.86 (1) of the statutes, as affected by 2009 Wisconsin Act 28, section 3240m, and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB283-engrossed,29,23 814.86 (1) Except for an action for a financial responsibility violation under s. 344.62 (2), or for a violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $21.50 justice information system surcharge 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 surcharge is in addition to the surcharge listed in sub. (1m).

AB283-engrossed, s. 74 Section 74. 940.09 (1d) of the statutes is repealed and recreated to read:

AB283-engrossed,30,2 940.09 (1d) A person who violates sub. (1) is subject to the requirements and procedures for installation of an ignition interlock device under s. 343.301.

AB283-engrossed, s. 75 Section 75. 940.25 (1d) of the statutes is repealed and recreated to read:

AB283-engrossed,30,5 940.25 (1d) A person who violates sub. (1) is subject to the requirements and procedures for installation of an ignition interlock device under s. 343.301.

AB283-engrossed, s. 76 Section 76. 969.01 (2) (a) of the statutes is amended to read:

AB283-engrossed,30,13 969.01 (2) (a) Release pursuant to s. 969.02 or 969.03 may be allowed in the discretion of the trial court after conviction and prior to sentencing or the granting of probation. This paragraph does not apply to a person if his or her 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 or more until after the person has served at least the minimum term of confinement for the violation.

AB283-engrossed, s. 77 Section 77. 973.09 (1) (d) (intro.) of the statutes is renumbered 973.09 (1) (d) and amended to read:

AB283-engrossed,30,22 973.09 (1) (d) If a person is convicted of an offense that provides a mandatory or presumptive minimum period of one year or less of imprisonment, a court may place the person on probation under par. (a) if the court requires, as a condition of probation, that the person be confined under sub. (4) for at least that mandatory or presumptive minimum period. The person is eligible to earn good time credit calculated under s. 302.43 regarding the period of confinement. This paragraph does not apply if the conviction is for any of the following:

AB283-engrossed, s. 78 Section 78. 973.09 (1) (d) 1. of the statutes is repealed.

AB283-engrossed, s. 79 Section 79. 973.09 (1) (d) 2. of the statutes is repealed.

AB283-engrossed, s. 80 Section 80. 973.09 (1) (d) 3. of the statutes is repealed.

AB283-engrossed, s. 81 Section 81. 973.15 (8) (a) 3. of the statutes is amended to read:

AB283-engrossed,31,8 973.15 (8) (a) 3. For not more than 60 days, except that the court may not stay execution of a person's sentence of imprisonment or to the intensive sanctions program under this subdivision if the person's 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 or more until after the person has served at least the minimum term of confinement for the violation.

AB283-engrossed, s. 82 Section 82. 978.05 (1m) of the statutes is created to read:

AB283-engrossed,31,18 978.05 (1m) Intoxicated and drugged driving actions. The district attorney of any prosecutorial unit shall use funds from the appropriation under s. 20.475 (1) (j) to prosecute offenses relating to operating a motor vehicle while under the influence of an intoxicant, a controlled substance, a controlled substance analog or any combination of an intoxicant, a controlled substance and a controlled substance analog, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug or operating a motor vehicle with a prohibited alcohol concentration or a detectable amount of a restricted controlled substance in his or her blood.

AB283-engrossed, s. 83 Section 83. Nonstatutory provisions.

AB283-engrossed,32,2 (1) The department of corrections may not use moneys from the appropriation under section 20.410 (1) (hh) of the statutes, as created by this act, to supplant moneys allocated to provide services related to probation, extended supervision and parole, the intensive sanctions program under section 301.048 of the statutes, the community residential confinement program under section 301.046 of the statutes, and programs of intensive supervision of adult offenders and minimum security correctional institutions established under section 301.13 of the statutes for persons who were convicted of offenses not related to intoxicated driving.

AB283-engrossed, s. 84 Section 84. Initial applicability.

AB283-engrossed,32,9 (1) This act first applies to violations that are committed or refusals that occur 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, sentencing by a court, or revocation or suspension of motor vehicle operating privileges.

AB283-engrossed, s. 85 Section 85. Effective dates. This act takes effect on first day of the 3rd month beginning after publication, except as follows:

AB283-engrossed,32,15 (1) The repeal and recreation of sections 343.10 (2) (a) (intro.) and 343.23 (2) (b) of the statutes takes effect on the first day of the 3rd month beginning after publication, or on the date on which the creation of section 343.165 of the statutes by 2007 Wisconsin Act 20 takes effect, whichever is later.

AB283-engrossed,32,17 (1m) The amendment of section 346.65 (2) (bm) and (cm), (2j) (bm) and (cm), and (3r) of the statutes takes effect on the day after publication.

AB283-engrossed,33,2 (2) The repeal of sections 342.12 (4) (c) 1. b., 343.301 (1) (title), 343.301 (2), and 346.65 (6) of the statutes, the renumbering and amendment of sections 343.301 (1) (c) and 343.301 (1) (d) of the statutes, the consolidation, renumbering, and amending of sections 343.301 (1) (b) 1. and 2. of the statutes, the amendment of sections 340.01 (46m) (c), 342.12 (4) (c) 1. c., 342.13 (1), 343.10 (2) (a) (intro.), 343.10 (5) (a) 3., 343.301 (title), 347.413 (title) and (1), 347.417 (1), 347.417 (2), and 347.50 (1s) of the statutes, the repeal and recreation of sections 343.301 (1) (a), 343.305 (10m), 940.09 (1d), and 940.25 (1d) of the statutes, and the creation of sections 20.395 (5) (hj), 25.40 (1) (a) 17., 343.10 (2) (f), 343.301 (1m), 343.301 (3) (b), 343.301 (5), and 347.50 (1t) of the statutes take effect on the first day of the 9th month beginning after publication.

AB283-engrossed,33,4 (3) The creation of sections 20.410 (1) (hh) and 139.27 of the statutes takes effect on July 1, 2011.

AB283-engrossed,33,6 (4) The repeal and recreation of sections 814.65 (1), 814.85 (1) (a), and 814.86 (1) of the statutes takes effect on July 1, 2010.

AB283-engrossed,33,7 (End)