AB839: Bill Text

LRB-4636/1

PJH:ahe

2015 - 2016 LEGISLATURE

2015 Assembly BILL 839

February 1, 2016 - Introduced by Representatives Schraa and Hintz, cosponsored by Senators Gudex, Darling and Wanggaard. Referred to Committee on Criminal Justice and Public Safety.

AB839,1,4 An Act to renumber and amend 343.301 (1g) and 343.301 (2m); to amend 303.08 (10r), 343.10 (2) (f) and 343.10 (5) (a) 3.; and to create 343.301 (1g) (am) and 343.301 (2m) (b) of the statutes; relating to: participation in a sobriety program.

Analysis by the Legislative Reference Bureau

This bill allows a court to order a person who improperly refused to take a sobriety test or who committed certain offenses related to drunken driving to participate in a program that closely monitors participants for drug and alcohol use (sobriety program). Under the bill, a court may order a person who would otherwise be required to install an ignition interlock device (IID) in his or her vehicle, and whose operating privileges would be restricted to operating vehicles so equipped, to participate in the sobriety program.

Under the bill, a person who is ordered to participate in the program may obtain an occupational driver's license and may operate a vehicle that is not equipped with an IID so long as he or she participates in the sobriety program. If he or she completes the program or otherwise stops participating, he or she must install an IID on his or her vehicle and may not operate a vehicle that is not so equipped. Under the bill, the time period during which a person who participates in a sobriety program, combined with the time period during which the person's operating privilege is restricted to operating vehicles equipped with an IID, must be at least one year.

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:

AB839,1 Section 1. 303.08 (10r) of the statutes is amended to read:

AB839,2,9 303.08 (10r) The sheriff may not permit a prisoner who is subject to an order whose operating privilege for the operation of "Class D" vehicles is restricted to operating vehicles that are equipped with an ignition interlock device under s. 343.301 (1g) to leave the jail under sub. (1) unless, within 2 weeks after the court issues the an order under s. 343.301 (1g) (am) 1. or the person's operating privilege is restricted under s. 343.301 (1g) (am) 2., the person submits proof to the sheriff that an ignition interlock device has been installed in each motor vehicle to which the order applies.

AB839,2 Section 2. 343.10 (2) (f) of the statutes is amended to read:

AB839,2,18 343.10 (2) (f) If the court orders under s. 343.301 (1g) that the person's operating privilege for the operation of "Class D" vehicles be restricted to operating vehicles that are equipped with an ignition interlock device, no occupational license may be granted until the person pays the surcharge under s. 343.301 (5) and submits proof that an ignition interlock device has been installed in each motor vehicle to which the order under s. 343.301 applies. A person who is subject to an order under s. 343.301 (1g) (am) 2. need not submit proof that an ignition interlock device has been installed if he or she is participating in a program designated in the order.

AB839,3 Section 3. 343.10 (5) (a) 3. of the statutes is amended to read:

AB839,3,18 343.10 (5) (a) 3. The occupational license of the applicant shall restrict the applicant's operation under the occupational license to vehicles that are equipped with a functioning ignition interlock device if the court has ordered under s. 343.301 (1g) that the person's operating privilege for Class D vehicles be restricted to operating vehicles that are equipped with an ignition interlock device or has ordered under s. 346.65 (6) (a) 1., 1999 stats., that the motor vehicle owned by the person and used in the violation or improper refusal be equipped with an ignition interlock device. A person to whom a restriction under this subdivision applies violates that restriction if he or she removes or disconnects an ignition interlock device, requests or permits another to blow into an ignition interlock device or to start a motor vehicle equipped with an ignition interlock device for the purpose of providing the person an operable motor vehicle without the necessity of first submitting a sample of his or her breath to analysis by the ignition interlock device, or otherwise tampers with or circumvents the operation of the ignition interlock device. Except as provided in s. 343.301 (3) (b), if the occupational license restricts the applicant's operation to a vehicle that is equipped with an ignition interlock device, the applicant shall be liable for the reasonable costs of equipping the vehicle with the ignition interlock device. This subdivision does not apply to an applicant who is subject to an order under s. 343.301 (1g) (am) 2. while the applicant is participating in a program designated in the order.

AB839,4 Section 4. 343.301 (1g) of the statutes is renumbered 343.301 (1g) (a), and 343.301 (1g) (a) (intro), as renumbered, is amended to read:

AB839,4,2 343.301 (1g) (a) (intro.) A court shall order a person's operating privilege for the operation of "Class D" vehicles be restricted to operating vehicles that are equipped with an ignition interlock device and, except as provided in sub. (1m), shall order that each motor vehicle for which the person's name appears on the vehicle's certificate of title or registration be equipped with an ignition interlock device enter an order under par. (am) if either of the following applies:

AB839,5 Section 5. 343.301 (1g) (am) of the statutes is created to read:

AB839,4,4 343.301 (1g) (am) A court shall order one of the following:

AB839,4,9 1. That the person's operating privilege for the operation of "Class D" vehicles be restricted to operating vehicles that are equipped with an ignition interlock device and, except as provided in sub. (1m), shall order that each motor vehicle for which the person's name appears on the vehicle's certificate of title or registration be equipped with an ignition interlock device.

AB839,4,18 2. That the person participate in a program described in s. 165.957 or that meets the definition of a 24-7 sobriety program under 23 USC 405 (d) (7) (A). If the court enters an order under this subdivision, the court shall order that when the person completes or otherwise does not participate in the program, the person's operating privilege for the operation of "Class D" vehicles be restricted to operating vehicles that are equipped with an ignition interlock device and, except as provided in sub. (1m), shall order that each motor vehicle for which the person's name appears on the vehicle's certificate of title or registration be equipped with an ignition interlock device.

AB839,6 Section 6. 343.301 (2m) of the statutes is renumbered 343.301 (2m) (a) and amended to read:

AB839,5,4 343.301 (2m) (a) The If the court enters an order under sub. (1g) (am) 1., the court shall restrict the operating privilege under sub. (1g) (am) 1. for a period of not less than one year nor more than the maximum operating privilege revocation period permitted for the refusal or violation, beginning on the date the department issues any license granted under this chapter, except that if the maximum operating privilege revocation period is less than one year, the court shall restrict the operating privilege under sub. (1g) (am) 1. for one year. The court may order the installation of an ignition interlock device under sub. (1g) (am) 1. immediately upon issuing an order under sub. (1g) (am) 1.

AB839,7 Section 7. 343.301 (2m) (b) of the statutes is created to read:

AB839,5,20 343.301 (2m) (b) If the court enters an order under sub. (1g) (am) 2., the court shall order that the time period during which a person participates in a program, combined with the time period for which the person's operating privilege is restricted under sub. (1g) (am) 2. equals not less than one year nor more than the maximum operating privilege revocation period permitted for the refusal or violation, except that if the maximum operating privilege revocation period is less than one year, the time period shall equal one year. The time period for which the person's operating privilege is restricted under sub. (1g) (am) 2. begins on the date the department issues any license granted under this chapter. The court may order the person to install an ignition interlock device under sub. (1g) (am) 2. immediately after his or her participation in the program ends. A person subject to an order requiring installation of an ignition interlock device shall, within 2 weeks after his or her participation in the program ends, submit proof to the sheriff in his or her county of residence that an ignition interlock device has been installed in each motor vehicle to which the order applies.

AB839,8 Section 8. Initial applicability.

AB839,6,2 (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 violations, 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.

AB839,9 Section 9. Effective date.

AB839,6,4 (1) This act takes effect on October 2, 2016.

AB839,6,5 (End)