LRB-2728/1
EVM:kjf&amn
2019 - 2020 LEGISLATURE
May 15, 2019 - Introduced by Representatives Thiesfeldt, C. Taylor, Spreitzer,
Brostoff, Anderson, Vining, Sinicki, Quinn, Kulp, Rohrkaste, Ramthun and
Considine, cosponsored by Senators Jacque,
Larson, Marklein, L. Taylor,
Ringhand and Johnson. Referred to Committee on Criminal Justice and
Public Safety.
AB211,1,3
1An Act to create 346.65 (2) (bg) of the statutes;
relating to: records of certain
2offenses related to operating a motor vehicle with a prohibited blood alcohol
3concentration.
Analysis by the Legislative Reference Bureau
Under this bill, a court may, upon petition by a person who has been convicted
of a first offense related to operating a vehicle while intoxicated (OWI offense),
expunge the record of the person's conviction. A person may file a petition under this
procedure only if the OWI offense did not involve an injury and the alcohol
concentration of the person at the time of offense was less than 0.15. In addition,
expungement under this procedure may be granted only if the person does one of the
following for not less than six months: 1) equips his or her motor vehicle with an
ignition interlock device, operates only motor vehicles that are equipped with an
ignition interlock device, and provides access to the data generated by the ignition
interlock device; or 2) wears a device that continuously monitors the person's alcohol
consumption and provides access to the data generated by the 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:
AB211,1
1Section
1. 346.65 (2) (bg) of the statutes is created to read:
AB211,2,62
346.65
(2) (bg) 1. A person who is subject to sub. (2) (am) 1. for an offense under
3s. 346.63 (2) (a) 2. for which no injury occurred, who had an alcohol concentration of
4less than 0.15 at the time of the offense, and who does not have a prior withholding
5of adjudication or adjudication of guilt under this paragraph or for any criminal
6offense may petition the court to expunge the record of his or her conviction.
AB211,2,107
2. Except as provided in subd. 3., the court shall order that the record of
8conviction be expunged if a person files a petition under subd. 1.; pays a $100 filing
9fee; successfully completes his or her sentence; and, for not less than 6 months, does
10any of the following:
AB211,2,1611
a. Does not commit a criminal offense, equips each motor vehicle for which the
12person's name appears on the vehicle's certificate of title or registration with an
13ignition interlock device, limits his or her operation of motor vehicles to “Class D"
14vehicles that are equipped with an ignition interlock device, provides access to the
15data generated by the ignition interlock devices, and does not tamper with or
16circumvent the operation of the ignition interlock devices.
AB211,2,1917
b. Does not commit a criminal offense, wears a device that continuously
18monitors the person's alcohol consumption, provides access to the data generated by
19the device, and does not tamper with or circumvent the operation of the device.
AB211,2,2220
3. The court may deny a petition under subd. 1. if, no later than the time of
21sentencing for the offense underlying the petition, the prosecutor objects and the
22court finds that granting the petition is not consistent with the public interest.
AB211,3,223
4. A conviction, the record of which is expunged under subd. 2., counts as a
24conviction under s. 343.307 (1) and (2). Notwithstanding subd. 2., the court shall
1retain a nonpublic record of a conviction, the record of which is expunged under subd.
22., sufficient to permit counting the offense under s. 343.307 (1) and (2).
AB211,3,43
5. A record of a conviction expunged under this paragraph is not considered a
4conviction for employment purposes.
