AB71: Bill Text

2013 Assembly BILL 71

March 14, 2013 - Introduced by Representatives J. Ott, Stone, Nass, Honadel, Kerkman, Strachota, Thiesfeldt, T. Larson, Jacque and Tranel, cosponsored by Senators Darling, Leibham, Risser, Carpenter and Kedzie. Referred to Committee on Judiciary.

AB71,1,5 An Act to repeal 973.09 (2) (am); and to amend 48.685 (5) (bm) 4., 48.685 (5) (br) 6., 346.65 (2) (am) 3., 346.65 (2) (am) 4., 346.65 (2) (am) 4m., 346.65 (2) (am) 5., 346.65 (2) (am) 6., 346.65 (2) (am) 7. and 973.09 (2) (a) 1. d. of the statutes; relating to: penalties for operating-while-intoxicated offenses and providing a penalty.

Analysis by the Legislative Reference Bureau

Under current law, a person who commits a third offense related to drunken driving or driving under the influence of an intoxicant or other drug (OWI offense) must be fined not less than $600 nor more than $2,000 and imprisoned for not less than 45 days nor more than one year. A person who commits a fourth OWI offense must be fined not less than $600 nor more than $2,000 and imprisoned for not less than 60 days nor more than one year. A person who commits a fourth OWI offense within five years of a prior offense is guilty of a Class H felony and must be fined not less than $600 and imprisoned for not less than six months. A person who commits a fifth or sixth OWI offense is guilty of a Class H felony and must be fined not less than $600 and imprisoned for not less than six months. A person who commits a seventh, eighth, or ninth OWI offense is guilty of a Class G felony and the confinement portion of a bifurcated sentence imposed on the person may not be less than three years. A person who commits a tenth or subsequent OWI offense is guilty of a Class F felony and the confinement portion of a bifurcated sentence imposed on the person may not be less than four years. Also under current law, the penalty for a Class E felony is a fine not to exceed $50,000 or imprisonment not to exceed 15 years, or both; the penalty for a Class F felony is a fine not to exceed $25,000 or imprisonment not to exceed 12 years and six months, or both; the penalty for a Class G felony is a fine not to exceed $25,000 or imprisonment not to exceed ten years, or both; and the penalty for a Class H felony is a fine not to exceed $10,000 or imprisonment not to exceed six years, or both.

Under this bill, a person who commits a third OWI offense is guilty of a Class H felony and the person must be fined not less than $600 and must be imprisoned for not less than 45 days. A person who commits a fourth OWI offense is guilty of a Class H felony and the person must be fined not less than $600 and must be imprisoned for not less than 60 days. A person who commits a fourth OWI offense within five years of a prior offense is guilty of a Class G felony and must be fined not less than $600 and imprisoned for not less than six months. A person who commits a fifth or sixth OWI offense is guilty of a Class G felony and the person must be fined not less than $600 and must be imprisoned for not less than six months. A person who commits a seventh, eighth, or ninth OWI offense is guilty of a Class F felony and the confinement portion of a bifurcated sentence imposed on the person may not be less than three years. A person who commits a tenth or greater OWI offense is guilty of a Class E felony and the confinement portion of a bifurcated sentence imposed on the person may not be less than four years.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.

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:

AB71,1 Section 1. 48.685 (5) (bm) 4. of the statutes is amended to read:

AB71,2,7 48.685 (5) (bm) 4. A violation of s. 940.19 (3), 1999 stats., or of s. 125.075 (1), 125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3), 125.68 (12), 940.09, 940.19 (2), (4), (5), or (6), 940.20, 940.203, 940.205, 940.207, or 940.25, a violation of s. 346.63 (1), (2), (5), or (6) that is a felony under s. 346.65 (2) (am) 5., 6., or 3. to 7., or (f), (2j) (d), or (3m), or an offense under ch. 961 that is a felony, if committed not more than 5 years before the date of the investigation under sub. (2) (am).

AB71,2 Section 2. 48.685 (5) (br) 6. of the statutes is amended to read:

AB71,3,8 48.685 (5) (br) 6. A violation of s. 125.075 (1), 125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3), 125.68 (12), 940.09, 940.19 (2), (4), (5), or (6), 940.20, 940.203, 940.205, 940.207, 940.25, or 943.23 (1g), a violation of s. 948.51 (2) that is a felony under s. 948.51 (3) (b) or (c), a violation of s. 346.63 (1), (2), (5), or (6) that is a felony under s. 346.65 (2) (am) 5., 6., or 3. to 7., or (f), (2j) (d), or (3m), or an offense under ch. 961 that is a felony, if the person completed his or her sentence, including any probation, parole, or extended supervision, or was discharged by the department of corrections, less than 5 years before the date of the investigation under sub. (2) (am) or (b) 1.

AB71,3 Section 3. 346.65 (2) (am) 3. of the statutes is amended to read:

AB71,3,16 346.65 (2) (am) 3. Except as provided in pars. (cm), (f), and (g), is guilty of a class H felony and shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 45 days nor more than one year in the county jail if the 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, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.

AB71,4 Section 4. 346.65 (2) (am) 4. of the statutes is amended to read:

AB71,3,24 346.65 (2) (am) 4. Except as provided in subd. 4m. and pars. (dm), (f), and (g), is guilty of a Class H felony and shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 60 days nor more than one year in the county jail if the 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 4, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.

AB71,5 Section 5. 346.65 (2) (am) 4m. of the statutes is amended to read:

AB71,4,9 346.65 (2) (am) 4m. Except as provided in pars. (f) and (g), is guilty of a Class H G felony and shall be fined not less than $600 and imprisoned for not less than 6 months if the 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 4 and the person committed an offense that resulted in a suspension, revocation, or other conviction counted under s. 343.307 (1) within 5 years prior to the day of current offense, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.

AB71,6 Section 6. 346.65 (2) (am) 5. of the statutes is amended to read:

AB71,4,16 346.65 (2) (am) 5. Except as provided in pars. (f) and (g), is guilty of a Class H G felony and shall be fined not less than $600 and imprisoned for not less than 6 months if the 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 5 or 6, except that suspensions, revocations or convictions arising out of the same incident or occurrence shall be counted as one.

AB71,7 Section 7. 346.65 (2) (am) 6. of the statutes is amended to read:

AB71,4,24 346.65 (2) (am) 6. Except as provided in par. (f), is guilty of a Class G F felony if the 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 7, 8, or 9, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one. The confinement portion of a bifurcated sentence imposed on the person under s. 973.01 shall be not less than 3 years.

AB71,8 Section 8. 346.65 (2) (am) 7. of the statutes is amended to read:

AB71,5,7 346.65 (2) (am) 7. Except as provided in par. (f), is guilty of a Class F E felony if the 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 10 or more except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one. The confinement portion of a bifurcated sentence imposed on the person under s. 973.01 shall be not less than 4 years.

AB71,9 Section 9. 973.09 (2) (a) 1. d. of the statutes is amended to read:

AB71,5,11 973.09 (2) (a) 1. d. A misdemeanor under s. 23.33 (4c) or (4p) (e), 30.681, 30.684 (5), 350.101, 350.104 (5), or 350.17 or a misdemeanor punishable under s. 346.63 to which s. 973.09 (1) (d) applies 346.65 (2) (am) 2.

AB71,10 Section 10. 973.09 (2) (am) of the statutes is repealed.

AB71,11 Section 11. Initial applicability.

AB71,5,19 (1) This act first applies to violations committed or refusals occurring 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.

AB71,12 Section 12. Effective date.

AB71,5,21 (1) This act takes effect on January 1, 2015.

AB71,5,22 (End)