LRB-4973/1
EVM:emw
2017 - 2018 LEGISLATURE
January 4, 2018 - Introduced by Senator Larson, cosponsored by Representatives
Sinicki, Brostoff, Pope, Anderson, C. Taylor, Berceau, Spreitzer, Subeck,
Considine and Zepnick. Referred to Committee on Judiciary and Public
Safety.
SB688,1,5
1An Act to repeal 343.301 (1g) (a) 2. a. and 343.301 (1g) (a) 2. b.;
to renumber
2and amend 343.301 (1g) (a) 2. (intro.); and
to amend 165.957 (3) (a), 165.957
3(4) (a) 2., 165.957 (4) (b) 2. and 165.957 (4) (b) 2m. of the statutes;
relating to:
4requiring an ignition interlock device to be installed for committing a drunken
5driving offense.
Analysis by the Legislative Reference Bureau
This bill requires a court to order the operating privileges of a person who
commits any OWI offense, regardless of his or her alcohol concentration, to be
restricted to operating vehicles that are equipped with an ignition interlock device.
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:
SB688,1
6Section 1
. 165.957 (3) (a) of the statutes is amended to read:
SB688,2,67
165.957
(3) (a) A standard for frequent testing for the use of alcohol or a
8controlled substance that is an alternative to the testing described in sub. (4) (b) 1.
1This paragraph does not apply to testing required pursuant to an order under s.
2343.301 (1g) (am) 2. that a court imposes on a person who
meets the criteria under
3s. 343.301 (1g) (a) 2. b. has a total of one or more prior convictions, suspensions, or
4revocations, counting convictions under ss. 940.09 (1) and 940.25 in the person's
5lifetime and other convictions, suspensions, and revocations counted under s.
6343.307 (1).
SB688,2
7Section 2
. 165.957 (4) (a) 2. of the statutes is amended to read:
SB688,2,198
165.957
(4) (a) 2. The person agrees to totally abstain from using alcohol or a
9controlled substance while he or she is released on bond, on release under s. 969.01
10(1), on probation, participating in a deferred prosecution agreement, or on parole or
11extended supervision and agrees to participate in the program even though his or her
12participation is not ordered by a judge or by the department of corrections as a
13condition of bond, release pursuant to s. 969.01 (1), probation or deferred
14prosecution, or release to parole or to extended supervision. This subdivision does
15not apply to any person who
meets the criteria under s. 343.301 (1g) (a) 2. b. has a
16total of one or more prior convictions, suspensions, or revocations, counting
17convictions under ss. 940.09 (1) and 940.25 in the person's lifetime and other
18convictions, suspensions, and revocations counted under s. 343.307 (1), and who is
19subject to an order under s. 343.301 (1g) (am) 2.
SB688,3
20Section 3
. 165.957 (4) (b) 2. of the statutes is amended to read:
SB688,3,321
165.957
(4) (b) 2. If the standard for frequent testing described in subd. 1.
22creates an unreasonable hardship for the county administering the program, the
23program may utilize the standard established by the department of justice under
24sub. (3) (a). This subdivision does not apply to any person who
meets the criteria
25under s. 343.301 (1g) (a) 2. b. has a total of one or more prior convictions, suspensions,
1or revocations, counting convictions under ss. 940.09 (1) and 940.25 in the person's
2lifetime and other convictions, suspensions, and revocations counted under s.
3343.307 (1), and who is subject to an order under s. 343.301 (1g) (am) 2.
SB688,4
4Section 4
. 165.957 (4) (b) 2m. of the statutes is amended to read:
SB688,3,105
165.957
(4) (b) 2m. Any person who
meets the criteria under s. 343.301 (1g) (a)
62. b. has a total of one or more prior convictions, suspensions, or revocations, counting
7convictions under ss. 940.09 (1) and 940.25 in the person's lifetime and other
8convictions, suspensions, and revocations counted under s. 343.307 (1), and who is
9subject to an order under s. 343.301 (1g) (am) 2. shall be tested as required under
23
10USC 405 (d) (7) (A) (ii) and regulations adopted thereunder.
SB688,5
11Section 5
. 343.301 (1g) (a) 2. (intro.) of the statutes is renumbered 343.301 (1g)
12(a) 2. and amended to read:
SB688,3,1413
343.301
(1g) (a) 2. The person violated s. 346.63 (1) or (2), 940.09 (1), or 940.25
14and either of the following applies:.
SB688,6
15Section 6
. 343.301 (1g) (a) 2. a. of the statutes is repealed.
SB688,7
16Section 7
. 343.301 (1g) (a) 2. b. of the statutes is repealed.
SB688,8
17Section
8.
Initial applicability.
SB688,3,1918
(1) This act first applies to violations committed on the effective date of this
19subsection.
