AB363,4,2418 346.65 (2) (am) 1. b. A person who is convicted of a violation under subd. 1. a.
19may petition the court to vacate his or her conviction. The court shall order that the
20conviction be vacated and the record of the conviction be expunged, and that a record
21of a civil violation be entered if the person has completed his or her sentence, as
22defined in s. 973.015 (1) (b), and, in the 5 years after the person was convicted of the
23violation, the person was not convicted or adjudicated of committing a subsequent
24violation that is counted as a suspension, revocation, or conviction under s. 343.307.
AB363,5,3
1c. The clerk of court shall forward a copy of the order to amend the record of the
2conviction to a civil offense to the department of justice and to the department of
3transportation.
AB363,5,64 d. A conviction that is vacated under subd. 1. b. is not a conviction for any
5matter relating to an application for employment or for the rental, purchase, or
6financing of housing.
AB363,9 7Section 9. 346.65 (2) (am) 2. of the statutes is amended to read:
AB363,5,148 346.65 (2) (am) 2. Except as provided in pars. (bm) and (f), shall be fined not
9less than $350 nor more than $1,100 and imprisoned for not less than 5 days nor more
10than 6 months if the number of convictions under ss. 940.09 (1) and 940.25 in the
11person's lifetime, plus the total number of suspensions, revocations, and other
12convictions counted under s. 343.307 (1) within a 10-year period, equals 2, except
13that suspensions, revocations, or convictions arising out of the same incident or
14occurrence shall be counted as one.
AB363,10 15Section 10. 346.65 (2) (bm) of the statutes is amended to read:
AB363,6,216 346.65 (2) (bm) In any county that opts to offer a reduced minimum period of
17imprisonment for the successful completion of a probation period that includes
18alcohol and other drug treatment, if the number of convictions under ss. 940.09 (1)
19and 940.25 in the person's lifetime, plus the total number of suspensions,
20revocations, and other convictions counted under s. 343.307 (1) within a 10-year
21period
, equals 2, except that suspensions, revocations, or convictions arising out of
22the same incident or occurrence shall be counted as one, the fine shall be the same
23as under par. (am) 2., but the period of imprisonment shall be not less than 5 days,
24except that if the person successfully completes a period of probation that includes
25alcohol and other drug treatment, the period of imprisonment shall be not less than

15 nor more than 7 days. A person may be sentenced under this paragraph or under
2par. (cm) or (dm) or sub. (2j) (bm), (cm), or (cr) or (3r) once in his or her lifetime.
AB363,11 3Section 11. 346.65 (2) (f) 1. of the statutes is repealed.
AB363,12 4Section 12. 346.65 (2) (f) 2. of the statutes is renumbered 346.65 (2) (f) and
5amended to read:
AB363,6,126 346.65 (2) (f) If there was a minor passenger under 16 years of age in the motor
7vehicle at the time of the violation that gave rise to the conviction under s. 346.63 (1),
8the applicable minimum and maximum fines and imprisonment under par. (am) 2.
9to 7.
for the conviction are doubled. An offense under s. 346.63 (1) that subjects a
10person to a penalty under par. (am) 3., 4., 4m., 5., 6., or 7. when there is a minor
11passenger under 16 years of age in the motor vehicle is a felony and the place of
12imprisonment shall be determined under s. 973.02.
AB363,13 13Section 13. 346.65 (2c) of the statutes is amended to read:
AB363,6,2014 346.65 (2c) In sub. (2) (am) 2., 3., 4., 4m., 5., 6., and 7., the time period shall
15be measured from the dates of the refusals or violations that resulted in the
16revocation or convictions. If a person has a suspension, revocation, or conviction for
17any offense under a local ordinance or a state statute of another state that would be
18counted under s. 343.307 (1), that suspension, revocation, or conviction shall count
19as a prior suspension, revocation, or conviction under sub. (2) (am) 2., 3., 4., 4m., 5.,
206., and 7
.
AB363,14 21Section 14. 346.65 (2e) of the statutes is amended to read:
AB363,7,222 346.65 (2e) If the court determines that a person does not have the ability to
23pay the costs and fine or forfeiture imposed under sub. (2) (am), (f), or (g), the court
24may reduce the costs, or fine, and forfeiture imposed and order the person to pay,
25toward the cost of the assessment and driver safety plan imposed under s. 343.30 (1q)

1(c), the difference between the amount of the reduced costs and fine or forfeiture and
2the amount of costs and fine or forfeiture imposed under sub. (2) (am), (f), or (g).
AB363,15 3Section 15. 346.65 (2g) (a) of the statutes is amended to read:
AB363,7,124 346.65 (2g) (a) In addition to the authority of the court under s. 973.05 (3) (a)
5to provide that a defendant perform community service work for a public agency or
6a nonprofit charitable organization in lieu of part or all of a fine imposed under sub.
7(2) (am) 1., 2., 3., 4., 4m., and 5., (f), and (g) and except as provided in par. (ag), the
8court may provide that a defendant perform community service work for a public
9agency or a nonprofit charitable organization in lieu of part or all of a forfeiture under
10sub. (2) (am) 1. or
may require a person who is subject to sub. (2) to perform
11community service work for a public agency or a nonprofit charitable organization
12in addition to the penalties specified under sub. (2).
AB363,16 13Section 16. 346.65 (2g) (ag) of the statutes is amended to read:
AB363,7,2114 346.65 (2g) (ag) If the court determines that a person does not have the ability
15to pay a fine imposed under sub. (2) (am) 1., 2., 3., 4., 4m., or 5., (f), or (g), the court
16shall require the defendant to perform community service work for a public agency
17or a nonprofit charitable organization in lieu of paying the fine imposed or, if the
18amount of the fine was reduced under sub. (2e), in lieu of paying the remaining
19amount of the fine. Each hour of community service performed in compliance with
20an order under this paragraph shall reduce the amount of the fine owed by an amount
21determined by the court.
AB363,17 22Section 17. 346.65 (2g) (am) of the statutes is amended to read:
AB363,8,723 346.65 (2g) (am) Notwithstanding s. 973.05 (3) (b), an order under par. (a) or
24(ag) may apply only if agreed to by the organization or agency. The court shall ensure
25that the defendant is provided a written statement of the terms of the community

1service order and that the community service order is monitored. Any organization
2or agency acting in good faith to which a defendant is assigned pursuant to an order
3under this subsection has immunity from any civil liability in excess of $25,000 for
4acts or omissions by or impacting on the defendant. The issuance or possibility of the
5issuance of a community service order under this subsection does not entitle an
6indigent defendant who is subject to sub. (2) (am) 1. to representation by counsel
7under ch. 977.
AB363,18 8Section 18. 346.65 (2g) (d) of the statutes is repealed.
AB363,19 9Section 19. 346.65 (2i) of the statutes is amended to read:
AB363,9,910 346.65 (2i) In addition to the authority of the court under sub. (2g) and s. 973.05
11(3) (a), the court may order a defendant subject to sub. (2), or a defendant subject to
12s. 973.05 (3) (a) who violated s. 346.63 (2), 940.09 (1), or 940.25, to visit a site that
13demonstrates the adverse effects of substance abuse or of operating a vehicle while
14under the influence of an intoxicant or other drug, including an alcoholism treatment
15facility approved under s. 51.45 or an emergency room of a general hospital in lieu
16of part or all of any forfeiture imposed or
in addition to any penalty imposed. The
17court may order the defendant to pay a reasonable fee, based on the person's ability
18to pay, to offset the costs of establishing, maintaining, and monitoring the visits
19ordered under this subsection. The court may order a visit to the site only if agreed
20to by the person responsible for the site. If the opportunities available to visit sites
21under this subsection are fewer than the number of defendants eligible for a visit,
22the court shall, when making an order under this subsection, give preference to
23defendants who were under 21 years of age at the time of the offense. The court shall
24ensure that the visit is monitored. A visit to a site may be ordered for a specific time
25and a specific day to allow the defendant to observe victims of vehicle accidents

1involving intoxicated drivers. If it appears to the court that the defendant has not
2complied with the court order to visit a site or to pay a reasonable fee, the court may
3order the defendant to show cause why he or she should not be held in contempt of
4court. Any organization or agency acting in good faith to which a defendant is
5assigned pursuant to an order under this subsection has immunity from any civil
6liability in excess of $25,000 for acts or omissions by or impacting on the defendant.
7The issuance or possibility of the issuance of an order under this subsection does not
8entitle an indigent defendant who is subject to sub. (2) (am) 1. to representation by
9counsel under ch. 977.
AB363,20 10Section 20. 939.51 (1) (intro.) of the statutes is amended to read:
AB363,9,1211 939.51 (1) (intro.) Misdemeanors in chs. 346 and 939 to 951 are classified as
12follows:
AB363,21 13Section 21. 972.11 (3m) of the statutes is amended to read:
AB363,9,1814 972.11 (3m) A court may not exclude evidence in any criminal action or traffic
15forfeiture action
for violation of s. 346.63 (1) or any criminal action or traffic
16forfeiture action for a violation of s. 346.63
(5), or a local ordinance in conformity with
17s. 346.63 (1) or (5), on the ground that the evidence existed or was obtained outside
18of this state.
AB363,22 19Section 22. Initial applicability.
AB363,9,2320 (1) This act first applies to violations committed on the effective date of this
21subsection but does not preclude the counting of other convictions, suspensions, or
22revocations as prior convictions, suspensions, or revocations for purposes of
23administrative action by the department of transportation or sentencing by a court.
AB363,23
1Section 23. Effective date. This act takes effect on the first day of the 9th
2month beginning after publication.
AB363,10,33 (End)
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