AB1040: Bill Text

LRB-2241/1

ZDW&MLJ:emw

2017 - 2018 LEGISLATURE

2017 Assembly BILL 1040

March 21, 2018 - Introduced by Representatives Barca, Berceau, Spreitzer and Subeck, cosponsored by Senators Vinehout and L. Taylor. Referred to Committee on Judiciary.

AB1040,1,7 An Act to renumber 961.475; to amend 346.65 (2) (am) 2., 346.65 (2) (am) 3., 346.65 (2) (bm), 346.65 (2) (cm), 346.65 (2) (dm), 346.65 (2j) (am) 2., 346.65 (2j) (am) 3., 346.65 (2j) (bm), 346.65 (2j) (cm), 346.65 (2j) (cr), 346.65 (3r) and 961.475 (title); and to create 346.65 (2) (br), 346.65 (2) (cr), 346.65 (2j) (br), 346.65 (2j) (cp), 346.65 (2x), 961.475 (2) and 961.48 (1) (c) of the statutes; relating to: alternative sentencing for certain drunken driving and controlled substance offenses and providing a criminal penalty.

Analysis by the Legislative Reference Bureau

This bill provides sentencing alternatives for persons who commit certain second or third offenses related to operating a motor vehicle while intoxicated (OWI) and certain controlled substance offenses.

Under current law, with certain exceptions, a person who commits an OWI-related offense is subject to a fine and a term of imprisonment. For a second OWI-related offense, the term of imprisonment is not less than five days nor more than six months, and for a third offense the term of imprisonment is not less than 45 days nor more than one year. If the person commits an OWI-related offense while operating a commercial vehicle, for a second offense the term of imprisonment is not less than five days nor more than six months, and for a third or subsequent offense, the term of imprisonment is not less than 45 days nor more than one year. A person who possesses a schedule I or II controlled substance is subject to a maximum term of imprisonment of three years and six months for a first offense, and a maximum term of imprisonment of seven years and six months for a second or subsequent offense. A person who possesses a narcotic that is not a schedule I or II controlled substance, or who possesses drug paraphernalia, is subject to a maximum term of imprisonment of 30 days.

Under the bill, if a court places on probation a person who commits his or her second or third OWI-related offense or certain controlled substance offenses, and requires the person to take a therapeutically indicated dose of the drug naltrexone or follow a nonpharmacological treatment plan, the person is subject to the same fine he or she would be subject to under current law, but his or her period of imprisonment is reduced if he or she successfully completes probation. For a person who commits a second OWI-related offense or a second offense related to operating a commercial vehicle with a prohibited alcohol concentration, the period of imprisonment is five to seven days. For a person who commits a third OWI-related offense or a third offense related to operating a commercial vehicle with a prohibited alcohol concentration, the period of imprisonment is not less than 14 days. For a person who possesses a schedule I or II controlled substance, the period of imprisonment is not more than one year and six months for a first offense, and not more than three years and six months for a second or subsequent offense. For a person who possesses a narcotic that is not a schedule I or II controlled substance or who possesses drug paraphernalia, the period of imprisonment is not more than ten days.

Under the bill, a person may not be sentenced under this sentencing alternative or under another sentencing alternative for OWI-related offenses more than once in his or her lifetime, and may not be sentenced under this sentencing alternative for controlled substance-related offenses more than once in his or her lifetime.

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:

AB1040,1 Section 1. 346.65 (2) (am) 2. of the statutes is amended to read:

AB1040,3,2 346.65 (2) (am) 2. Except as provided in pars. (bm), (br), and (f), shall be fined not less than $350 nor more than $1,100 and imprisoned for not less than 5 days nor more 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) within a 10-year period, equals 2, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.

AB1040,2 Section 2. 346.65 (2) (am) 3. of the statutes is amended to read:

AB1040,3,10 346.65 (2) (am) 3. Except as provided in pars. (cm), (cr), (f), and (g), 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.

AB1040,3 Section 3. 346.65 (2) (bm) of the statutes is amended to read:

AB1040,3,23 346.65 (2) (bm) In any county that opts to offer a reduced minimum period of imprisonment for the successful completion of a probation period that includes alcohol and other drug treatment, 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) within a 10-year period, equals 2, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the fine shall be the same as under par. (am) 2., but the period of imprisonment shall be not less than 5 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 5 nor more than 7 days. A person may be sentenced under this paragraph or under par. (cm) or (dm) or sub. (2j) (bm), (cm), or (cr) or (3r) once in his or her lifetime.

AB1040,4 Section 4. 346.65 (2) (br) of the statutes is created to read:

AB1040,4,9 346.65 (2) (br) 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) within a 10-year period, equals 2, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the fine shall be the same as under par. (am) 2., but the period of imprisonment shall be not less than 5 days, except that the period of imprisonment shall be not less than 5 nor more than 7 days if the court places the person on probation under s. 973.09 and the conditions of probation require the person to do at least one of the following:

AB1040,4,15 1. Follow a pharmacological treatment plan that includes, unless contraindicated, taking naltrexone, its drug product equivalent, or another pharmacological agent that is approved by the federal drug administration for the treatment of alcohol dependence, and that is administered in a therapeutically appropriate manner and in a therapeutically appropriate dosage for the duration of the period of probation.

AB1040,4,17 2. Follow a nonpharmacological treatment plan designed to treat alcohol or other drug abuse or dependence.

AB1040,5 Section 5. 346.65 (2) (cm) of the statutes is amended to read:

AB1040,5,5 346.65 (2) (cm) In any county that opts to offer a reduced minimum period of imprisonment for the successful completion of a probation period that includes alcohol and other drug treatment, 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, the fine shall be the same as under par. (am) 3., but the period of imprisonment shall be not less than 45 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 14 days. A person may be sentenced under this paragraph or under par. (bm) or (dm) or sub. (2j) (bm), (cm), or (cr) or (3r) once in his or her lifetime.

AB1040,6 Section 6. 346.65 (2) (cr) of the statutes is created to read:

AB1040,5,15 346.65 (2) (cr) 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, the fine shall be the same as under par. (am) 3., but the period of imprisonment shall be not less than 45 days, except that the period of imprisonment shall be not less than 14 days if the court places the person on probation under s. 973.09 and the conditions of probation require the person to do at least one of the following:

AB1040,5,21 1. Follow a pharmacological treatment plan that includes, unless contraindicated, taking naltrexone, its drug product equivalent, or another pharmacological agent that is approved by the federal drug administration for the treatment of alcohol dependence, and that is administered in a therapeutically appropriate manner and in a therapeutically appropriate dosage for the duration of the period of probation.

AB1040,5,23 2. Follow a nonpharmacological treatment plan designed to treat alcohol or other drug abuse or dependence.

AB1040,7 Section 7. 346.65 (2) (dm) of the statutes is amended to read:

AB1040,6,12 346.65 (2) (dm) In any county that opts to offer a reduced minimum period of imprisonment for the successful completion of a probation period that includes alcohol and other drug treatment, 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, the fine shall be the same as under par. (am) 4., but the period of imprisonment shall be not less than 60 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 29 days. A person may be sentenced under this paragraph or under par. (bm) or (cm) or sub. (2j) (bm), (cm), or (cr) or (3r) once in his or her lifetime.

AB1040,8 Section 8. 346.65 (2j) (am) 2. of the statutes is amended to read:

AB1040,6,19 346.65 (2j) (am) 2. Except as provided in pars. (bm), (br), and (d), shall be fined not less than $300 nor more than $1,000 and imprisoned for not less than 5 days nor more than 6 months if the number of prior convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other convictions, suspension suspensions, and revocations counted under s. 343.307 (2) within a 10-year period, equals 2.

AB1040,9 Section 9. 346.65 (2j) (am) 3. of the statutes is amended to read:

AB1040,7,2 346.65 (2j) (am) 3. Except as provided in pars. (cm), (cp), (cr), and (d), 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 other convictions, suspensions, and revocations counted under s. 343.307 (2), equals 3 or more.

AB1040,10 Section 10. 346.65 (2j) (bm) of the statutes is amended to read:

AB1040,7,15 346.65 (2j) (bm) In any county that opts to offer a reduced minimum period of imprisonment for the successful completion of a probation period that includes alcohol and other drug treatment, 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) within a 10-year period, equals 2, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the fine shall be the same as under par. (am) 2., but the period of imprisonment shall be not less than 5 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 5 nor more than 7 days. A person may be sentenced under this paragraph or under par. (cm) or (cr) or sub. (2) (bm), (cm), or (dm) or (3r) once in his or her lifetime.

AB1040,11 Section 11. 346.65 (2j) (br) of the statutes is created to read:

AB1040,7,25 346.65 (2j) (br) 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) within a 10-year period, equals 2, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the fine shall be the same as under par. (am) 2., but the period of imprisonment shall be not less than 5 days, except that the period of imprisonment shall be not less than 5 nor more than 7 days if the court places the person on probation under s. 973.09 and the conditions of probation require the person to do at least one of the following:

AB1040,8,6 1. Follow a pharmacological treatment plan that includes, unless contraindicated, taking naltrexone, its drug product equivalent, or another pharmacological agent that is approved by the federal drug administration for the treatment of alcohol dependence, and that is administered in a therapeutically appropriate manner and in a therapeutically appropriate dosage for the duration of the period of probation.

AB1040,8,8 2. Follow a nonpharmacological treatment plan designed to treat alcohol or other drug abuse or dependence.

AB1040,12 Section 12. 346.65 (2j) (cm) of the statutes is amended to read:

AB1040,8,21 346.65 (2j) (cm) In any county that opts to offer a reduced minimum period of imprisonment for the successful completion of a probation period that includes alcohol and other drug treatment, 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, the fine shall be the same as under par. (am) 3., but the period of imprisonment shall be not less than 45 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 14 days. A person may be sentenced under this paragraph or under par. (bm) or (cr) or sub. (2) (bm), (cm), or (dm) or (3r) once in his or her lifetime.

AB1040,13 Section 13. 346.65 (2j) (cp) of the statutes is created to read:

AB1040,9,6 346.65 (2j) (cp) 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, the fine shall be the same as under par. (am) 3., but the period of imprisonment shall be not less than 45 days, except that the period of imprisonment shall be not less than 14 days if the court places the person on probation under s. 973.09 and the conditions of probation require the person to do at least one of the following:

AB1040,9,12 1. Follow a pharmacological treatment plan that includes, unless contraindicated, taking naltrexone, its drug product equivalent, or another pharmacological agent that is approved by the federal drug administration for the treatment of alcohol dependence, and that is administered in a therapeutically appropriate manner and in a therapeutically appropriate dosage for the duration of the period of probation.

AB1040,9,14 2. Follow a nonpharmacological treatment plan designed to treat alcohol or other drug abuse or dependence.

AB1040,14 Section 14. 346.65 (2j) (cr) of the statutes is amended to read:

AB1040,9,25 346.65 (2j) (cr) In any county that opts to offer a reduced minimum period of imprisonment for the successful completion of a probation period that includes alcohol and other drug treatment, 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, the fine shall be the same as under par. (am) 3., but the period of imprisonment shall be not less than 60 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 29 days. A person may be sentenced under this paragraph or under par. (bm) or (cm) or sub. (2) (bm), (cm), or (dm) or (3r) once in his or her lifetime.