AB547, s. 25 8Section 25. 346.65 (2g) (a) of the statutes is amended to read:
AB547,12,179 346.65 (2g) (a) In addition to the authority of the court under s. 973.05 (3) (a)
10to provide that a defendant perform community service work for a public agency or
11a nonprofit charitable organization in lieu of part or all of a fine imposed under sub.
12(2) (am) 2., 3., 4., and 5., (f), and (g) and except as provided in par. (ag), the court may
13provide that a defendant perform community service work for a public agency or a
14nonprofit charitable organization in lieu of part or all of a forfeiture under sub. (2)
15(am) 1. or
may require a person who is subject to sub. (2) to perform community
16service work for a public agency or a nonprofit charitable organization in addition
17to the penalties specified under sub. (2).
AB547, s. 26 18Section 26. 346.65 (2g) (ag) of the statutes is amended to read:
AB547,13,219 346.65 (2g) (ag) If the court determines that a person does not have the ability
20to pay a fine imposed under sub. (2) (am) 1., 2., 3., 4., or 5., (f), or (g), the court shall
21require the defendant to perform community service work for a public agency or a
22nonprofit charitable organization in lieu of paying the fine imposed or, if the amount
23of the fine was reduced under sub. (2e), in lieu of paying the remaining amount of the
24fine. Each hour of community service performed in compliance with an order under

1this paragraph shall reduce the amount of the fine owed by an amount determined
2by the court.
AB547, s. 27 3Section 27. 346.65 (2g) (am) of the statutes is amended to read:
AB547,13,134 346.65 (2g) (am) Notwithstanding s. 973.05 (3) (b), an order under par. (a) or
5(ag) may apply only if agreed to by the organization or agency. The court shall ensure
6that the defendant is provided a written statement of the terms of the community
7service order and that the community service order is monitored. Any organization
8or agency acting in good faith to which a defendant is assigned pursuant to an order
9under this subsection has immunity from any civil liability in excess of $25,000 for
10acts or omissions by or impacting on the defendant. The issuance or possibility of the
11issuance of a community service order under this subsection does not entitle an
12indigent defendant who is subject to sub. (2) (am) 1. to representation by counsel
13under ch. 977.
AB547, s. 28 14Section 28. 346.65 (2g) (d) of the statutes is repealed.
AB547, s. 29 15Section 29. 346.65 (2i) of the statutes is amended to read:
AB547,14,1516 346.65 (2i) In addition to the authority of the court under sub. (2g) and s. 973.05
17(3) (a), the court may order a defendant subject to sub. (2), or a defendant subject to
18s. 973.05 (3) (a) who violated s. 346.63 (2), 940.09 (1), or 940.25, to visit a site that
19demonstrates the adverse effects of substance abuse or of operating a vehicle while
20under the influence of an intoxicant or other drug, including an alcoholism treatment
21facility approved under s. 51.45 or an emergency room of a general hospital in lieu
22of part or all of any forfeiture imposed or
in addition to any penalty imposed. The
23court may order the defendant to pay a reasonable fee, based on the person's ability
24to pay, to offset the costs of establishing, maintaining, and monitoring the visits
25ordered under this subsection. The court may order a visit to the site only if agreed

1to by the person responsible for the site. If the opportunities available to visit sites
2under this subsection are fewer than the number of defendants eligible for a visit,
3the court shall, when making an order under this subsection, give preference to
4defendants who were under 21 years of age at the time of the offense. The court shall
5ensure that the visit is monitored. A visit to a site may be ordered for a specific time
6and a specific day to allow the defendant to observe victims of vehicle accidents
7involving intoxicated drivers. If it appears to the court that the defendant has not
8complied with the court order to visit a site or to pay a reasonable fee, the court may
9order the defendant to show cause why he or she should not be held in contempt of
10court. Any organization or agency acting in good faith to which a defendant is
11assigned pursuant to an order under this subsection has immunity from any civil
12liability in excess of $25,000 for acts or omissions by or impacting on the defendant.
13The issuance or possibility of the issuance of an order under this subsection does not
14entitle an indigent defendant who is subject to sub. (2) (am) 1. to representation by
15counsel under ch. 977.
AB547, s. 30 16Section 30. 346.655 (1) of the statutes is amended to read:
AB547,14,2417 346.655 (1) If a court imposes a fine or a forfeiture for a violation of s. 346.63
18(1) or (5), except for a first violation of s. 346.63 (1) (b), if the person who committed
19the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at
20the time of the violation,
or a local ordinance in conformity therewith, or s. 346.63
21(2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, it shall
22impose a driver improvement surcharge under ch. 814 in an amount of $365 in
23addition to the fine or forfeiture, plus costs, fees, and other surcharges imposed under
24ch. 814.
AB547, s. 31 25Section 31. 349.02 (2) (a) of the statutes is amended to read:
AB547,15,13
1349.02 (2) (a) Notwithstanding sub. (1), a police officer, sheriff, deputy sheriff,
2traffic officer or motor vehicle inspector may not stop or inspect a vehicle solely to
3determine compliance with a statute or ordinance specified under par. (b) unless the
4police officer, sheriff, deputy sheriff, traffic officer, or motor vehicle inspector has
5reasonable cause to believe that a violation of a statute or ordinance specified under
6par. (b) has been committed. This paragraph does not limit the authority of a police
7officer, sheriff, deputy sheriff, traffic officer, or motor vehicle inspector to make an
8arrest or issue a citation for a violation of any statute or ordinance specified under
9par. (b) observed in the course of a stop or inspection made for a lawful purpose. This
10paragraph does not apply to a traffic officer or motor vehicle inspector in the
11performance of duties under s. 110.075 (2) or to a police officer, sheriff, deputy sheriff,
12or traffic officer in the performance of duties under rules promulgated under s.
13165.85 (4r)
.
AB547, s. 32 14Section 32. 753.19 of the statutes is amended to read:
AB547,15,21 15753.19 Operating costs; circuit court. The cost of operation of the circuit
16court for each county, except for the salaries of judges and court reporters provided
17to be paid by the state, and except for the cost assumed by the state under this chapter
18and chs. 40 and 230, and except as otherwise provided, shall be paid by the county.
19The county may use moneys from the appropriation under s. 20.625 (1) (q) to pay
20costs associated with prosecuting persons charged with offenses that are punishable
21under s. 346.65 (2) (am) 1.
AB547, s. 33 22Section 33. 757.05 (1) (a) of the statutes is amended to read:
AB547,16,1023 757.05 (1) (a) Whenever a court imposes a fine or forfeiture for a violation of
24state law or for a violation of a municipal or county ordinance except for a violation
25of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), or for a first violation of s.

123.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who
2committed the violation had a blood alcohol concentration of 0.08 or more but less
3than 0.1 at the time of the violation,
or for a violation of state laws or municipal or
4county ordinances involving nonmoving traffic violations, violations under s. 343.51
5(1m) (b), or safety belt use violations under s. 347.48 (2m), there shall be imposed in
6addition a penalty surcharge under ch. 814 in an amount of 26 percent of the fine or
7forfeiture imposed. If multiple offenses are involved, the penalty surcharge shall be
8based upon the total fine or forfeiture for all offenses. When a fine or forfeiture is
9suspended in whole or in part, the penalty surcharge shall be reduced in proportion
10to the suspension.
AB547, s. 34 11Section 34. 814.63 (1) (c) of the statutes is amended to read:
AB547,16,1712 814.63 (1) (c) This subsection does not apply to an action for a violation of s.
13101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), for a first violation of s. 23.33
14(4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who
15committed the violation had a blood alcohol concentration of 0.08 or more but less
16than 0.1 at the time of the violation, or
for a violation under s. 343.51 (1m) (b), or a
17safety belt use violation under s. 347.48 (2m).
AB547, s. 35 18Section 35. 814.63 (2) of the statutes is amended to read:
AB547,17,219 814.63 (2) Upon the disposition of a forfeiture action in circuit court for
20violation of a county, town, city, village, town sanitary district or public inland lake
21protection and rehabilitation district ordinance, except for an action for a first
22violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the
23person who committed the violation had a blood alcohol concentration of 0.08 or more
24but less than 0.1 at the time of the violation, or
for a violation under s. 343.51 (1m)
25(b) or a safety belt use violation under s. 347.48 (2m), the county, town, city, village,

1town sanitary district or public inland lake protection and rehabilitation district
2shall pay a nonrefundable fee of $5 to the clerk of circuit court.
AB547, s. 36 3Section 36. 814.65 (1) of the statutes is amended to read:
AB547,17,144 814.65 (1) Court costs. In a municipal court action, except for an action for
5a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1)
6(b), if the person who committed the violation had a blood alcohol concentration of
70.08 or more but less than 0.1 at the time of the violation, or
for a violation of an
8ordinance in conformity with s. 343.51 (1m) (b) or 347.48 (2m), the municipal judge
9shall collect a fee of not less than $15 nor more than $28 on each separate matter,
10whether it is on default of appearance, a plea of guilty or no contest, on issuance of
11a warrant or summons, or the action is tried as a contested matter. Of each fee
12received by the judge under this subsection, the municipal treasurer shall pay
13monthly $5 to the secretary of administration for deposit in the general fund and
14shall retain the balance for the use of the municipality.
AB547, s. 37 15Section 37. 814.65 (1) of the statutes, as affected by 2009 Wisconsin Acts 28
16and .... (this act), is repealed and recreated to read:
AB547,17,2517 814.65 (1) Court costs. In a municipal court action, for a financial
18responsibility violation under s. 344.62 (2) or for a violation of an ordinance in
19conformity with s. 343.51 (1m) (b) or 347.48 (2m), the municipal judge shall collect
20a fee of not less than $15 nor more than $28 on each separate matter, whether it is
21on default of appearance, a plea of guilty or no contest, on issuance of a warrant or
22summons, or the action is tried as a contested matter. Of each fee received by the
23judge under this subsection, the municipal treasurer shall pay monthly $5 to the
24secretary of administration for deposit in the general fund and shall retain the
25balance for the use of the municipality.
AB547, s. 38
1Section 38. 814.85 (1) (a) of the statutes is amended to read:
AB547,18,92 814.85 (1) (a) Except for an action for a first violation of s. 23.33 (4c) (a) 2.,
330.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the
4violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the
5time of the violation, or for
a violation under s. 343.51 (1m) (b) or a safety belt use
6violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $68
7court support services surcharge from any person, including any governmental unit
8as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am) or
9814.63 (1).
AB547, s. 39 10Section 39. 814.85 (1) (a) of the statutes, as affected by 2009 Wisconsin Acts
1128
and .... (this act), is repealed and recreated to read:
AB547,18,1712 814.85 (1) (a) Except for an action for a financial responsibility violation under
13s. 344.62 (2), or for a violation under s. 343.51 (1m) (b) or a safety belt use violation
14under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $68 court
15support services surcharge from any person, including any governmental unit as
16defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am) or 814.63
17(1).
AB547, s. 40 18Section 40. 814.86 (1) of the statutes, as affected by 2009 Wisconsin Act 28,
19section 3240, is amended to read:
AB547,19,320 814.86 (1) Except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681
21(1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation
22had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the
23violation, or for
a violation under s. 343.51 (1m) (b) or a safety belt use violation under
24s. 347.48 (2m), the clerk of circuit court shall charge and collect a $21.50 justice
25information system surcharge from any person, including any governmental unit, as

1defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62
2(1), (2), or (3) (a) or (b), or 814.63 (1). The justice information system surcharge is in
3addition to the surcharge listed in sub. (1m).
AB547, s. 41 4Section 41. 814.86 (1) of the statutes, as affected by 2009 Wisconsin Act 28,
5section 3240m, and 2009 Wisconsin Act .... (this act), is repealed and recreated to
6read:
AB547,19,137 814.86 (1) Except for an action for a financial responsibility violation under s.
8344.62 (2), or for a violation under s. 343.51 (1m) (b) or a safety belt use violation
9under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $21.50 justice
10information system surcharge from any person, including any governmental unit, as
11defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62
12(1), (2), or (3) (a) or (b), or 814.63 (1). The justice information system surcharge is in
13addition to the surcharge listed in sub. (1m).
AB547, s. 42 14Section 42. 969.01 (2) (a) of the statutes is amended to read:
AB547,19,2015 969.01 (2) (a) Release pursuant to s. 969.02 or 969.03 may be allowed in the
16discretion of the trial court after conviction and prior to sentencing or the granting
17of probation. This paragraph does not apply to a person convicted of violating s.
18346.63 (1) or (2) or 940.25 or of s. 940.09, if the offense involved the use of a vehicle,
19until after the person has been imprisoned for at least the applicable minimum
20period of imprisonment for the violation.
AB547, s. 43 21Section 43. 972.11 (3m) of the statutes is amended to read:
AB547,20,222 972.11 (3m) A court may not exclude evidence in any criminal action or traffic
23forfeiture action
for violation of s. 346.63 (1) or any criminal action or traffic
24forfeiture action for a violation of s. 346.63
(5), or a local ordinance in conformity with

1s. 346.63 (1) or (5), on the ground that the evidence existed or was obtained outside
2of this state.
AB547, s. 44 3Section 44. 973.09 (1) (d) 1. of the statutes is amended to read:
AB547,20,54 973.09 (1) (d) 1. A violation under s. 346.63 (1) that subjects the person to a
5mandatory minimum period of imprisonment under s. 346.65 (2) (am) 2. or 3.
AB547, s. 45 6Section 45. 973.15 (8) (a) 3. of the statutes is amended to read:
AB547,20,107 973.15 (8) (a) 3. For not more than 60 days, except that a court may not stay
8execution of a sentence of imprisonment or to the intensive sanctions program under
9this subdivision for a conviction under s. 346.63 (1) or (2) or 940.25 or under s. 940.09,
10if the offense involved the use of a vehicle
.
AB547, s. 46 11Section 46. 977.02 (2g) of the statutes is created to read:
AB547,20,1412 977.02 (2g) From the appropriation under s. 20.550 (1) (q), provide legal
13services in cases involving persons charged with offenses that are punishable under
14s. 346.65 (2) (am) 1.
AB547, s. 47 15Section 47. 978.05 (1p) of the statutes is created to read:
AB547,20,1916 978.05 (1p) Intoxicated and drugged driving actions. The district attorney
17of any prosecutorial unit shall use funds from the appropriation under s. 20.475 (1)
18(q) to prosecute persons charged with offenses that are punishable under s. 346.65
19(2) (am) 1.
AB547, s. 48 20Section 48 . Nonstatutory provisions.
AB547,21,721 (1) District attorneys. The department of administration shall prepare a
22budget request for the 2011-2013 fiscal biennium for allocation of funds deposited
23into the trust fund under section 25.975 of the statutes. The budget request shall
24include a proposed number of created assistant district attorney positions necessary
25to prosecute first offenses related to operating a motor vehicle while under the

1influence of an intoxicant, a controlled substance, a controlled substance analog or
2any combination of an intoxicant, a controlled substance and a controlled substance
3analog, under the influence of any other drug to a degree which renders him or her
4incapable of safely driving, or under the combined influence of an intoxicant and any
5other drug to a degree which renders him or her incapable of safely driving or
6operating a motor vehicle with a prohibited alcohol concentration or a detectable
7amount of a restricted controlled substance in his or her blood.
AB547,21,198 (2) Public defenders. The public defender board shall prepare a budget
9request for the 2011-2013 fiscal biennium for allocation of funds deposited into the
10trust fund under section 25.975 of the statutes. The budget request shall include a
11proposed number of created positions necessary to provide criminal defense services
12for first offenses related to operating a motor vehicle while under the influence of an
13intoxicant, a controlled substance, a controlled substance analog or any combination
14of an intoxicant, a controlled substance and a controlled substance analog, under the
15influence of any other drug to a degree which renders him or her incapable of safely
16driving, or under the combined influence of an intoxicant and any other drug to a
17degree which renders him or her incapable of safely driving or operating a motor
18vehicle with a prohibited alcohol concentration or a detectable amount of a restricted
19controlled substance in his or her blood.
AB547,22,620 (3) State circuit courts. The director of state courts shall prepare a budget
21request for the 2011-2013 fiscal biennium for allocation of funds deposited into the
22trust fund under section 25.975 of the statutes. The budget request shall include a
23proposed number of created positions and circuit court branches necessary to process
24first offenses related to operating a motor vehicle while under the influence of an
25intoxicant, a controlled substance, a controlled substance analog or any combination

1of an intoxicant, a controlled substance and a controlled substance analog, under the
2influence of any other drug to a degree which renders him or her incapable of safely
3driving, or under the combined influence of an intoxicant and any other drug to a
4degree which renders him or her incapable of safely driving or operating a motor
5vehicle with a prohibited alcohol concentration or a detectable amount of a restricted
6controlled substance in his or her blood.
AB547,22,237 (4) Counties. The department of administration shall prepare a budget request
8for the 2011-2013 fiscal biennium for allocation of funds deposited into the trust fund
9under section 25.975 of the statutes. Each county shall submit to the department of
10administration, by July 1, 2010, an estimate of costs for the 2011-2013 fiscal
11biennium related to prosecuting and defending in circuit court, and imprisoning,
12persons charged with and and convicted of first offenses related to operating a motor
13vehicle while under the influence of an intoxicant, a controlled substance, a
14controlled substance analog or any combination of an intoxicant, a controlled
15substance and a controlled substance analog, under the influence of any other drug
16to a degree which renders him or her incapable of safely driving, or under the
17combined influence of an intoxicant and any other drug to a degree which renders
18him or her incapable of safely driving or operating a motor vehicle with a prohibited
19alcohol concentration or a detectable amount of a restricted controlled substance in
20his or her blood. The budget request prepared by the department of administration
21shall include the costs set forth by the counties and shall request how the funds into
22the trust fund under section 25.975 of the statutes shall be distributed, on an
23equitable basis, among the counties.
AB547,23,1224 (5) Health services. The department of health services shall prepare a budget
25request for the 2011-2013 fiscal biennium for allocation of funds deposited into the

1trust fund under section 25.975 of the statutes. The department shall submit to the
2department of administration, by July 1, 2010, an estimate of costs for the 2011-2013
3fiscal biennium related to providing alcohol and drug abuse treatment services to
4persons charged with and and convicted of first offenses related to operating a motor
5vehicle while under the influence of an intoxicant, a controlled substance, a
6controlled substance analog or any combination of an intoxicant, a controlled
7substance and a controlled substance analog, under the influence of any other drug
8to a degree which renders him or her incapable of safely driving, or under the
9combined influence of an intoxicant and any other drug to a degree which renders
10him or her incapable of safely driving or operating a motor vehicle with a prohibited
11alcohol concentration or a detectable amount of a restricted controlled substance in
12his or her blood.
AB547, s. 49 13Section 49. Initial applicability.
AB547,23,1714 (1) This act first applies to violations committed on the effective date of this
15subsection but does not preclude the counting of other convictions, suspensions, or
16revocations as prior convictions, suspensions, or revocations for purposes of
17administrative action by the department of transportation or sentencing by a court.
AB547, s. 50 18Section 50. Effective dates. This act takes effect on first day of the 3rd
19month beginning after publication, except as follows:
AB547,23,2220 (1) The repeal and recreation of section 343.23 (2) (b) of the statutes takes effect
21on the day after publication, or on the date on which the creation of section 343.165
22of the statutes by 2007 Wisconsin Act 20 takes effect, whichever is later.
AB547,23,2423 (2) The repeal and recreation of sections 814.65 (1), 814.85 (1) (a), and 814.86
24(1) of the statutes takes effect on June 1, 2010.
AB547,23,2525 (3) Section 48 of this act takes effect on the day after publication.
AB547,24,6
1(4) The amendment of sections 302.372 (2) (a) (intro), 345.20 (2) (c), 346.65 (2)
2(am) 1., 346.65 (2) (f), 346.65 (2c), 346.65 (2e), 346.65 (2g) (a), 346.65 (2g) (ag), 346.65
3(2g) (am), 346.65 (2i), 753.19, 972.11 (3m), and 973.09 (1) (d) 1. of the statutes, the
4creation of sections 16.185, 20.435 (5) (q), 20.475 (1) (q), 20.505 (6) (q), 20.550 (1) (q),
520.625 (1) (q), 25.975, 46.03 (44), 139.27, 977.02 (2g), and 978.05 (1p) of the statutes,
6and the repeal of section 346.65 (2g) (d) of the statutes take effect on July 1, 2011.
AB547,24,77 (End)
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