AB694: Bill Text

AB694,74 Section 74. 885.235 (1m) of the statutes is amended to read:

AB694,63,2 885.235 (1m) In any action under s. 23.33 (4c) (a) 3., 23.335 (12) (a) 3., 30.681 (1) (bn), 346.63 (2m) or (7), or 350.101 (1) (c), evidence of the amount of alcohol in the person's blood at the time in question, as shown by chemical analysis of a sample of the person's blood or urine or evidence of the amount of alcohol in the person's breath, is admissible on the issue of whether he or she had an alcohol concentration in the range specified in s. 23.33 (4c) (a) 3., 23.335 (12) (a) 3., 30.681 (1) (bn), 346.63 (2m), or 350.101 (1) (c) or an alcohol concentration above 0.0 under s. 346.63 (7) if the sample was taken within 3 hours after the event to be proved. The fact that the analysis shows that the person had an alcohol concentration of more than 0.0 but not more than 0.08 is prima facie evidence that the person had an alcohol concentration in the range specified in s. 23.33 (4c) (a) 3., 23.335 (12) (a) 3., 30.681 (1) (bn), 346.63 (2m), or 350.101 (1) (c) or an alcohol concentration above 0.0 under s. 346.63 (7).

AB694,75 Section 75. 885.235 (4) of the statutes is amended to read:

AB694,63,12 885.235 (4) The provisions of this section relating to the admissibility of chemical tests for alcohol concentration or intoxication or for determining whether a person had a detectable amount of a restricted controlled substance in his or her blood shall not be construed as limiting the introduction of any other competent evidence bearing on the question of whether or not a person was under the influence of an intoxicant, had a detectable amount of a restricted controlled substance in his or her blood, had a specified alcohol concentration, or had an alcohol concentration in the range specified in s. 23.33 (4c) (a) 3., 23.335 (12) (a) 3., 30.681 (1) (bn), 346.63 (2m), or 350.101 (1) (c).

AB694,76 Section 76. 895.043 (6) of the statutes is amended to read:

AB694,63,24 895.043 (6) Limitation on damages. Punitive damages received by the plaintiff may not exceed twice the amount of any compensatory damages recovered by the plaintiff or $200,000, whichever is greater. This subsection does not apply to a plaintiff seeking punitive damages from a defendant whose actions under sub. (3) included the operation of a vehicle, including a motor vehicle as defined under s. 340.01 (35), an off-highway motorcycle, as defined in s. 23.335 (1) (q), a snowmobile as defined under s. 340.01 (58a), an all-terrain vehicle as defined under s. 340.01 (2g), a utility terrain vehicle as defined under s. 23.33 (1) (ng), and a boat as defined under s. 30.50 (2), while under the influence of an intoxicant to a degree that rendered the defendant incapable of safe operation of the vehicle. In this subsection, "intoxicant" has the meaning given in s. 30.50 (4e).

AB694,77 Section 77. 895.049 of the statutes is amended to read:

AB694,64,9 895.049 Recovery by a person who fails to use protective headgear while operating certain motor vehicles. Notwithstanding s. 895.045, failure by a person who operates or is a passenger on a utility terrain vehicle, as defined in s. 23.33 (1) (ng), a motorcycle, as defined in s. 340.01 (32), an all-terrain vehicle, as defined in s. 340.01 (2g), or a snowmobile, as defined in s. 340.01 (58a), on or off a highway, to use protective headgear shall not reduce recovery for injuries or damages by the person or the person's legal representative in any civil action. This section does not apply to any person required to wear protective headgear under s. 23.33 (3g), 23.335 (8) (a) or (b), or 347.485 (1).

AB694,78 Section 78. 901.053 of the statutes is amended to read:

AB694,64,24 901.053 Admissibility of evidence relating to use of protective headgear while operating certain motor vehicles. Evidence of use or nonuse of protective headgear by a person, other than a person required to wear protective headgear under s. 23.33 (3g), 23.335 (8) (a) or (b), or 347.485 (1), who operates or is a passenger on a utility terrain vehicle, as defined in s. 23.33 (1) (ng), a motorcycle, as defined in s. 340.01 (32), an all-terrain vehicle, as defined in s. 340.01 (2g), or a snowmobile, as defined in s. 340.01 (58a), on or off a highway, is not admissible in any civil action for personal injury or property damage. This section does not apply to the introduction of such evidence in a civil action against the manufacturer or producer of the protective headgear arising out of any alleged deficiency or defect in the design or manufacture of the protective headgear or, with respect to such use of protective headgear, in a civil action on the sole issue of whether the protective headgear contributed to the personal injury or property damage incurred by another person.

AB694,79 Section 79. 938.17 (1) (intro.) of the statutes is amended to read:

AB694,65,15 938.17 (1) Traffic, boating, snowmobile, all-terrain vehicle, and utility terrain vehicle, and limited off-highway motorcycle violations. (intro.) Except for violations of ss. 342.06 (2) and 344.48 (1), and violations of ss. 30.67 (1) and 346.67 (1) when death or injury occurs, courts of criminal and civil jurisdiction have exclusive jurisdiction in proceedings against juveniles 16 years of age or older for violations of s. ss. 23.33 and 23.335, of ss. 30.50 to 30.80, of chs. 341 to 351, and of traffic regulations, as defined in s. 345.20, and nonmoving traffic violations, as defined in s. 345.28 (1). A juvenile charged with a traffic, boating, snowmobile, all-terrain vehicle, or utility terrain vehicle, or limited off-highway motorcycle offense in a court of criminal or civil jurisdiction shall be treated as an adult before the trial of the proceeding except that the juvenile may be held in secure custody only in a juvenile detention facility. A juvenile convicted of a traffic, boating, snowmobile, all-terrain vehicle, or utility terrain vehicle, or limited off-highway motorcycle offense in a court of criminal or civil jurisdiction shall be treated as an adult for sentencing purposes except as follows:

AB694,80 Section 80. 938.343 (9m) of the statutes is created to read:

AB694,65,21 938.343 (9m) Off-highway motorcycle safety certification program. If the violation is one under s. 23.335 or under an ordinance enacted in accordance with s. 23.335 concerning the use of off-highway motorcycles, as defined in s. 23.335 (1) (q), order the juvenile to attend the off-highway motorcycle safety certification program under s. 23.335 (14).

AB694,81 Section 81. 940.09 (1m) (b) of the statutes is amended to read:

AB694,66,7 940.09 (1m) (b) If a person is charged in an information with any of the combinations of crimes referred to in par. (a), the crimes shall be joined under s. 971.12. If the person is found guilty of more than one of the crimes so charged for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 23.33 (13) (b) 2. and 3., under s. 23.335 (23) (c) 2. and 3., under s. 30.80 (6) (a) 2. and 3., under s. 343.307 (1) or under s. 350.11 (3) (a) 2. and 3. Subsection (1) (a), (am), (b), (bm), (c), (cm), (d), and (e) each require proof of a fact for conviction which the others do not require, and sub. (1g) (a), (am), (b), (c), (cm), and (d) each require proof of a fact for conviction which the others do not require.

AB694,82 Section 82. 940.09 (3) of the statutes is amended to read:

AB694,66,11 940.09 (3) An officer who makes an arrest for a violation of this section shall make a report as required under s. 23.33 (4t), 23.335 (11) (j), 30.686, 346.635 or 350.106.

AB694,83 Section 83. 940.25 (1m) (b) of the statutes is amended to read:

AB694,66,21 940.25 (1m) (b) If a person is charged in an information with any of the combinations of crimes referred to in par. (a), the crimes shall be joined under s. 971.12. If the person is found guilty of more than one of the crimes so charged for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 23.33 (13) (b) 2. and 3., under s. 23.335 (23) (c) 2. and 3., under s. 30.80 (6) (a) 2. or 3., under ss. 343.30 (1q) and 343.305 or under s. 350.11 (3) (a) 2. and 3. Subsection (1) (a), (am), (b), (bm), (c), (cm), (d), and (e) each require proof of a fact for conviction which the others do not require.

AB694,84 Section 84. 940.25 (3) of the statutes is amended to read:

AB694,66,25 940.25 (3) An officer who makes an arrest for a violation of this section shall make a report as required under s. 23.33 (4t), 23.335 (12) (j), 30.686, 346.635 or 350.106.

AB694,85 Section 85. 973.06 (1) (j) of the statutes is amended to read:

AB694,67,11 973.06 (1) (j) If the defendant violated s. 23.33 (4c), 23.335 (12) (a) or (b), 30.681, 346.63, 350.101, 940.09 (1), or 940.25, any costs charged to or paid by a law enforcement agency for the withdrawal of the defendant's blood, except that the court may not impose on the defendant any cost for an alternative test provided free of charge as described in s. 343.305 (4). If at the time the court finds that the defendant committed the violation, the law enforcement agency has not paid or been charged with the costs of withdrawing the person's blood, the court shall impose and collect the costs the law enforcement agency reasonably expects to be charged for the withdrawal, based on the current charges for this procedure. Notwithstanding sub. (2), the court may not remit these costs.

AB694,86 Section 86. 973.09 (2) (a) 1. d. of the statutes is amended to read:

AB694,67,15 973.09 (2) (a) 1. d. A misdemeanor under s. 23.33 (4c) or (4p) (e), 23.335 (12) (a), (b), or (h), 30.681, 30.684 (5), 350.101, 350.104 (5), or 350.17 or a misdemeanor under s. 346.63 to which s. 973.09 (1) (d) applies.

AB694,87 Section 87. Nonstatutory provisions.

AB694,67,20 (1) Off-highway motorcycle council. Notwithstanding the length of terms specified in section 15.347 (10) (a) of the statutes, as created by this act, the governor shall appoint the initial members of the off-highway motorcycle council for the following terms:

AB694,67,22 (a) One member appointed under section 15.347 (10) of the statutes, as created by this act, for a term expiring on March 1, 2016.

AB694,67,24 (b) Two members appointed under section 15.347 (10) of the statutes, as created by this act, for terms expiring on March 1, 2017.

AB694,68,2 (c) Two members appointed under section 15.347 (10) of the statutes, as created by this act, for terms expiring on March 1, 2018.

AB694,88 Section 88. Effective date.

AB694,68,6 (1) This act takes effect on the first day of the 7th month beginning after publication, or on the 2nd day after publication of the 2013-15 budget act, whichever is later.

AB694,68,7 (End)