AB356,22,115 23.335 (23) (h) Reporting convictions to the department. Whenever a person
6is convicted of a violation of the intoxicated operation of an off-highway motorcycle
7law or the off-highway motorcycle refusal law, the clerk of the court in which the
8conviction occurred, or the justice, judge, or magistrate of a court not having a clerk,
9shall forward to the department the record of such conviction. The record of
10conviction forwarded to the department shall state whether the offender was
11involved in an accident at the time of the offense.
AB356,51 12Section 51 . 23.335 (23) (im) of the statutes is created to read:
AB356,22,2013 23.335 (23) (im) Certificate of completion of safety program. In addition to any
14other penalty or order, a person who for the first time violates the intoxicated
15operation of an off-highway motorcycle law or the off-highway motorcycle refusal
16law shall be ordered by the court to obtain a certificate of satisfactory completion of
17a safety program established under sub. (14). If the person has a valid certificate at
18the time that the court imposes a sentence for such a violation, the court shall
19permanently revoke the certificate and order the person to obtain another certificate
20of satisfactory completion of the safety program.
AB356,52 21Section 52 . 30.50 (4n) of the statutes is created to read:
AB356,23,222 30.50 (4n) “Intoxicated operating law" means the intoxicated operation of an
23all-terrain or utility terrain vehicle law, as defined in s. 23.33 (1) (ic), the intoxicated
24operation of an off-highway motorcycle law, as defined in s. 23.335 (1) (km), the

1intoxicated boating law, or the intoxicated snowmobiling law, as defined in s. 350.01
2(9c).
AB356,53 3Section 53 . 30.50 (4v) of the statutes is created to read:
AB356,23,44 30.50 (4v) “Legal drinking age" means 21 years of age.
AB356,54 5Section 54 . 30.50 (9fm) of the statutes is created to read:
AB356,23,116 30.50 (9fm) “Public premises” means all premises held out to the public for use
7of a motor vehicle, including highways, all premises provided by employers to
8employees for the use of their motor vehicles, and all premises provided to tenants
9of rental housing in buildings of 4 or more units for the use of their motor vehicles,
10whether such premises are publicly or privately owned and whether or not a fee is
11charged for the use of those premises.
AB356,55 12Section 55 . 30.50 (9m) of the statutes is created to read:
AB356,23,1413 30.50 (9m) “Recreational motorboat" means a motorboat that is not a
14commercial motorboat.
AB356,56 15Section 56 . 30.50 (9s) of the statutes is created to read:
AB356,23,1916 30.50 (9s) “Recreational vehicle" means an all-terrain vehicle, as defined in s.
17340.01 (2g), a utility terrain vehicle, as defined in s. 23.33 (1) (ng), an off-highway
18motorcycle, as defined in s. 23.335 (1) (q), a recreational motorboat, or a snowmobile,
19as defined in s. 340.01 (58a).
AB356,57 20Section 57 . 30.50 (9t) of the statutes is created to read:
AB356,23,2421 30.50 (9t) “Recreational vehicle and boating refusal law" means the all-terrain
22or utility terrain vehicle refusal law, as defined in s. 23.33 (1) (at), the off-highway
23motorcycle refusal law, as defined in s. 23.335 (1) (tm), the boating refusal law, or the
24snowmobiling refusal law, as defined in s. 350.01 (17m).
AB356,58
1Section 58. 30.50 (9x) of the statutes is renumbered 30.50 (2c) and amended
2to read:
AB356,24,43 30.50 (2c) “Refusal “ Boating refusal law" means s. 30.684 (5) or a local
4ordinance in conformity with that subsection.
AB356,59 5Section 59 . 30.681 (1) (bn) of the statutes is amended to read:
AB356,24,96 30.681 (1) (bn) Operating with alcohol concentrations at specified levels; below
7legal drinking age.
A person who has not attained the legal drinking age, as defined
8in s. 125.02 (8m),
may not engage in the operation of a motorboat while he or she has
9 a blood an alcohol concentration of more than 0.0 but less than 0.08.
AB356,60 10Section 60 . 30.681 (1) (c) of the statutes is amended to read:
AB356,24,1911 30.681 (1) (c) Related charges. A person may be charged with and a prosecutor
12may proceed upon a complaint based upon a violation of any combination of par. (a)
13or (b) 1., 1m., or 2. for acts arising out of the same incident or occurrence. If the person
14is charged with violating any combination of par. (a) or (b) 1., 1m., or 2., the offenses
15shall be joined. If the person is found guilty of any combination of par. (a) or (b) 1.,
161m., or 2. for acts arising out of the same incident or occurrence, there shall be a
17single conviction for purposes of sentencing and for purposes of counting convictions
18under s. 30.80 (6) (a) 2. and 3. to 5. Paragraphs (a) and (b) 1., 1m., and 2. each require
19proof of a fact for conviction which that the others do not require.
AB356,61 20Section 61 . 30.681 (2) (c) of the statutes is amended to read:
AB356,25,521 30.681 (2) (c) Related charges. A person may be charged with and a prosecutor
22may proceed upon a complaint based upon a violation of any combination of par. (a)
23or (b) 1., 1m., or 2. for acts arising out of the same incident or occurrence. If the person
24is charged with violating any combination of par. (a) or (b) 1., 1m., or 2. in the
25complaint, the crimes shall be joined under s. 971.12. If the person is found guilty

1of any combination of par. (a) or (b) 1., 1m., or 2. for acts arising out of the same
2incident or occurrence, there shall be a single conviction for purposes of sentencing
3and for purposes of counting convictions under s. 30.80 (6) (a) 2. and 3. to 5.
4Paragraphs (a) and (b) 1., 1m., and 2. each require proof of a fact for conviction which
5that the others do not require.
AB356,62 6Section 62 . 30.681 (2) (d) 1. a. of the statutes is amended to read:
AB356,25,137 30.681 (2) (d) 1. a. In an action under this subsection for a violation of the
8intoxicated boating law where the defendant was operating a recreational motorboat
9that is not a commercial motorboat, the defendant has a defense if he or she proves
10by a preponderance of the evidence that the injury would have occurred even if he
11or she had been exercising due care and he or she had not been under the influence
12of an intoxicant or did not have an alcohol concentration of 0.08 or more or a
13detectable amount of a restricted controlled substance in his or her blood.
AB356,63 14Section 63 . 30.686 of the statutes is amended to read:
AB356,25,18 1530.686 Report arrest to department. If a law enforcement officer arrests
16a person for a violation of the intoxicated boating law or the boating refusal law, the
17law enforcement officer shall notify the department of the arrest as soon as
18practicable.
AB356,64 19Section 64 . 30.688 of the statutes is created to read:
AB356,26,4 2030.688 Suspension or revocation of operating privileges. (1) Orders to
21suspend or revoke.
(a) If a court imposes a penalty for a violation of the intoxicated
22boating law or the boating refusal law and if the violation involved the operation of
23a recreational motorboat, the court shall order the suspension of the person's
24privilege to operate a recreational vehicle for a period of not less than 12 months and
25not more than 16 months. As part of the order, the court may authorize the person

1to operate a recreational motorboat if the court finds that such operation is essential
2for the purpose of engaging in an occupation or trade. Whenever a court suspends
3an operating privilege under this paragraph, the court shall notify the department
4of that action.
AB356,26,155 (b) In addition to the order under par. (a), the court shall also order the
6revocation of the person's privilege to operate a motor vehicle on public premises, as
7defined in s. 23.33 (1) (jd), if the person, within 5 years prior to the arrest for the
8current violation subject to the order under par. (a), violated the intoxicated
9operating law or the recreational vehicle and boating refusal law. The period of
10revocation shall be not less than 6 months and not more than 12 months. Whenever
11a court revokes an operating privilege under this paragraph, the court may take
12possession of the revoked license. If the court takes possession of the revoked license,
13the court shall destroy the license. The court shall forward to the department of
14transportation the record of the conviction and notice of revocation. The person is
15eligible for an occupational license under s. 343.10 at any time.
AB356,26,17 16(2) Operating while suspended or revoked. (a) No person may operate a
17recreational vehicle in violation of a suspension order imposed under sub. (1) (a).
AB356,26,2018 (b) No person may operate a recreational motorboat during the time that the
19person's motor vehicle operating privilege is suspended or revoked for a conviction
20counted under s. 343.307 (1).
AB356,65 21Section 65 . 30.74 (1) (bn) of the statutes is amended to read:
AB356,26,2522 30.74 (1) (bn) A certificate issued to a person under this subsection is valid for
23life unless the certificate or the person's privilege to operate a recreational motorboat
24is suspended or
revoked by a court under s. 30.688 (1) (a), 30.80 (2m) or (6) (e), or
25938.343 (5).
AB356,66
1Section 66. 30.80 (6) (a) 1. of the statutes is amended to read:
AB356,27,52 30.80 (6) (a) 1. Except as provided under subds. 2. to 5., a person who violates
3s. 30.681 (1) (a) or (b), a local ordinance in conformity with s. 30.681 (1) (a) or (b) or
4the refusal law 30.684 (5) shall forfeit not less than $150 $400 nor more than $300
5$550.
AB356,67 6Section 67 . 30.80 (6) (a) 2. of the statutes is amended to read:
AB356,27,137 30.80 (6) (a) 2. A person who violates s. 30.681 (1) (a) or (b), a local ordinance
8in conformity with s. 30.681 (1) (a) or (b) or the refusal law
and who, within 5 years
9prior to the arrest for the current violation, was convicted one time previously under
10the intoxicated boating operating law or the recreational vehicle and boating refusal
11law shall be fined not less than $300 nor more than $1,000 $1,100 and shall be
12imprisoned for not less than 5 days nor more than 6 months one year in the county
13jail
.
AB356,68 14Section 68 . 30.80 (6) (a) 3. of the statutes is amended to read:
AB356,27,2115 30.80 (6) (a) 3. A person who violates s. 30.681 (1) (a) or (b), a local ordinance
16in conformity with s. 30.681 (1) (a) or (b) or the refusal law
and who, within 5 years
17prior to the arrest for the current violation, was convicted 2 times previously under
18the intoxicated boating operating law or, the recreational vehicle and boating refusal
19law, or any combination of these laws, shall be fined not less than $600 nor more than
20$2,000 and shall be imprisoned for not less than 30 days nor more than one year in
21the county jail.
AB356,69 22Section 69 . 30.80 (6) (a) 4. of the statutes is amended to read:
AB356,28,423 30.80 (6) (a) 4. A person who violates s. 30.681 (1) (a) or (b), a local ordinance
24in conformity with s. 30.681 (1) (a) or (b) or the refusal law
and who, within 5 years
25prior to the arrest for the current violation, was convicted 3 times previously under

1the intoxicated boating operating law or, the recreational vehicle and boating refusal
2law, or any combination of these laws, shall be fined not less than $600 nor more than
3$2,000 and shall be imprisoned for not less than 60 days nor more than one year in
4the county jail.
AB356,70 5Section 70 . 30.80 (6) (a) 5. of the statutes is amended to read:
AB356,28,126 30.80 (6) (a) 5. A person who violates s. 30.681 (1) (a) or (b), a local ordinance
7in conformity with s. 30.681 (1) (a) or (b) or the refusal law
and who, within 5 years
8prior to the arrest for the current violation, was convicted 4 or more times previously
9under the intoxicated boating operating law or, the recreational vehicle and boating
10refusal law, or any combination of these laws, shall be fined not less than $600 nor
11more than $2,000 and shall be imprisoned for not less than 6 months nor more than
12one year in the county jail.
AB356,71 13Section 71 . 30.80 (6) (a) 6. of the statutes is amended to read:
AB356,28,1614 30.80 (6) (a) 6. A person who violates s. 30.681 (1) (bn) or a local ordinance in
15conformity with s. 30.681 (1) (bn)
who violates s. 30.684 (5) and has not attained the
16legal drinking age
shall forfeit $50.
AB356,72 17Section 72 . 30.80 (6) (am) of the statutes is created to read:
AB356,28,2218 30.80 (6) (am) Penalties related to operating with underage passengers. If there
19is a passenger under 16 years of age in a motorboat at the time of a violation that
20gives rise to a conviction under s. 30.681 (1) (a) or (b) 1. or 1m. or 30.684 (5), the
21applicable minimum and maximum forfeitures, fines, and terms of imprisonment
22under par. (a) 1. to 5. for the conviction are doubled.
AB356,73 23Section 73 . 30.80 (6) (ar) of the statutes is created to read:
AB356,29,824 30.80 (6) (ar) Alcohol and drug treatment alternatives. 1. In any county that
25opts to offer a reduced minimum period of imprisonment for the successful

1completion of a probation period that includes alcohol and other drug treatment, if
2the number of suspensions, revocations, and convictions for a violation of the
3intoxicated boating law or the boating refusal law within a 5-year period equals 2,
4except that suspensions, revocations, or convictions arising out of the same incident
5or occurrence shall be counted as one, the fine shall be the same as under par. (a) 2.,
6but the period of imprisonment shall be not less than 5 days, except that if the person
7successfully completes a period of probation that includes alcohol and other drug
8treatment, the period of imprisonment shall be not less than 5 nor more than 7 days.
AB356,29,189 2. In any county that opts to offer a reduced minimum period of imprisonment
10for the successful completion of a probation period that includes alcohol and other
11drug treatment, if the number of suspensions, revocations, and convictions for a
12violation of the intoxicated boating law or the boating refusal law within a 5-year
13period equals 3, except that suspensions, revocations, or convictions arising out of
14the same incident or occurrence shall be counted as one, the fine shall be the same
15as under par. (a) 3., but the period of imprisonment shall be not less than 30 days,
16except that if the person successfully completes a period of probation that includes
17alcohol and other drug treatment, the period of imprisonment shall be not less than
1814 days.
AB356,30,319 3. In any county that opts to offer a reduced minimum period of imprisonment
20for the successful completion of a probation period that includes alcohol and other
21drug treatment, if the number of suspensions, revocations, and convictions for a
22violation of the intoxicated boating law or the boating refusal law within a 5-year
23period equals 4, except that suspensions, revocations, or convictions arising out of
24the same incident or occurrence shall be counted as one, the fine shall be the same
25as under par. (a) 4., but the period of imprisonment shall be not less than 60 days,

1except that if the person successfully completes a period of probation that includes
2alcohol and other drug treatment, the period of imprisonment shall be not less than
329 days.
AB356,30,54 4. A person may be sentenced under this paragraph or under s. 23.33 (13) (bm),
523.335 (23) (dm), or 350.11 (3) (ar) once in his or her lifetime.
AB356,74 6Section 74 . 30.80 (6) (bg) of the statutes is created to read:
AB356,30,127 30.80 (6) (bg) Penalties related to suspension and revocation. 1. A person who
8operates a recreational vehicle in violation of s. 30.688 (2) (a) is subject to a forfeiture
9of not less than $50 nor more than $250. In addition, for each such violation, the court
10may suspend the person's privilege to operate a recreational vehicle for a period of
11not more than 6 months. Whenever a court suspends an operating privilege under
12this subdivision, the court shall notify the department of that action.
AB356,30,1713 2. A person who operates a recreational motorboat in violation of s. 30.688 (2)
14(b) is subject to a forfeiture of not less than $150 nor more than $300. In addition,
15the court may suspend the person's privilege to operate a recreational vehicle for a
16period of not more than 6 months. Whenever a court suspends an operating privilege
17under this subdivision, the court shall notify the department of that action.
AB356,75 18Section 75 . 30.80 (6) (bn) of the statutes is created to read:
AB356,30,2219 30.80 (6) (bn) Sentence of detention. The legislature intends that courts use the
20sentencing option under s. 973.03 (4) whenever appropriate for persons subject to
21par. (a) 2., 3., 4., or 5. or (b). The use of this option can result in significant cost savings
22for the state and local governments.
AB356,76 23Section 76 . 30.80 (6) (c) of the statutes is renumbered 30.80 (6) (c) 1.
AB356,77 24Section 77 . 30.80 (6) (c) 2. of the statutes is created to read:
AB356,31,11
130.80 (6) (c) 2. In determining the number of previous convictions under par.
2(a) 2. to 5., previous convictions under the intoxicated boating law or the boating
3refusal law that occurred before, on, or after the effective date of this subdivision ....
4[LRB inserts date], and previous convictions under the intoxicated operation of an
5all-terrain or utility terrain vehicle law, as defined in s. 23.33 (1) (ic), the all-terrain
6or utility terrain vehicle refusal law, as defined in s. 23.33 (1) (at), the intoxicated
7operation of an off-highway motorcycle law, as defined in s. 23.335 (1) (L), the
8off-highway motorcycle refusal law, as defined in s. 23.335 (1) (tm), the intoxicated
9snowmobiling law, as defined in s. 350.01 (9c), or the snowmobiling refusal law, as
10defined in s. 350.01 (17m), that occur after the effective date of this subdivision ....
11[LRB inserts date], shall count as previous convictions.
AB356,78 12Section 78 . 30.80 (6) (cm) of the statutes is created to read:
AB356,31,1713 30.80 (6) (cm) Reporting convictions to the department. Whenever a person is
14convicted of a violation of the intoxicated boating law or the boating refusal law, the
15court in which the conviction occurred shall forward to the department the record of
16such conviction. The record of conviction forwarded to the department shall state
17whether the offender was involved in an accident at the time of the offense.
AB356,79 18Section 79 . 30.80 (6) (e) of the statutes is amended to read:
AB356,32,219 30.80 (6) (e) Certificate of satisfactory completion of safety course. In addition
20to any other penalty or order, a person who for the first time violates s. 30.681 (1) or
21(2) or 30.684 (5) or who violates s. 940.09 or 940.25 if the violation involves the
22operation of a motorboat,
the intoxicated boating law or the boating refusal law shall
23be ordered by the court to obtain a certificate of satisfactory completion of a safety
24course under s. 30.74 (1). If the person has a valid certificate at the time that the
25court imposes a sentence for such a violation, the court shall permanently revoke the

1certificate and order the person to obtain a another certificate of satisfactory
2completion of a the safety course under s. 30.74 (1).
AB356,80 3Section 80 . 59.54 (14) (g) of the statutes is amended to read:
AB356,32,134 59.54 (14) (g) A county may establish extensions of the jail, which need not be
5at the county seat, to serve as places of temporary confinement. No person may be
6detained in such an extension for more than 24 consecutive hours, except that a court
7may order that a person subject to imprisonment under s. 23.33 (13) (b) 2. or, 3., 4b.
8or 5.
or (c), 23.335 (23) (c) 2. or, 3., 4b., or 5. or (d), 30.80 (6) (a) 2., 3., 4., or 5. or (b),
9or 350.11 (3) (a) 2. or, 3., 4b., or 5. or (b) be imprisoned for more than 24 consecutive
10hours in such an extension. Jail extensions shall be subject to the approval of plans
11and specifications approval by the department of corrections and shall conform to
12other requirements imposed by law on jails, except that cells may be designed and
13used for multiple occupancy.
AB356,81 14Section 81 . 343.10 (1) (a) of the statutes is amended to read:
AB356,33,215 343.10 (1) (a) If a person's license or operating privilege is revoked or
16suspended under this chapter or s. 23.33 (4y) (a) 2., 23.335 (12) (km) 1. b., 30.688 (1)
17(b), 350.1075 (1) (b),
767.73, 938.34 (14q), 943.21 (3m), or 961.50 and if the person
18is engaged in an occupation, including homemaking or full-time or part-time study,
19or a trade making it essential that he or she operate a motor vehicle, the person, after
20payment of the fee provided in sub. (6), may file an application with the department
21setting forth in detail the need for operating a motor vehicle. No person may file more
22than one application with respect to each revocation or suspension of the person's
23license or operating privilege under this chapter or s. 23.33 (4y) (a) 2., 23.335 (12)
24(km) 1. b., 30.688 (1) (b), 350.1075 (1) (b),
767.73, 938.34 (14q), 943.21 (3m), or 961.50,

1except that this limitation does not apply to an application to amend an occupational
2license restriction.
AB356,82 3Section 82 . 343.10 (2) (a) 1. of the statutes is amended to read:
AB356,33,104 343.10 (2) (a) 1. Except for a revocation or suspension that arose out of the same
5incident or occurrence for which the person's license or operating privilege is
6currently revoked or suspended, the person's license or operating privilege was not
7revoked or suspended previously under this chapter or ch. 344 or s. 23.33 (4y) (a) 2.,
823.335 (12) (km) 1. b., 30.688 (1) (b), 350.1075 (1) (b),
943.21 (3m) or 961.50 within
9the one-year period immediately preceding the present revocation or suspension,
10except as provided in s. 344.40.
AB356,83 11Section 83 . 343.10 (9) of the statutes is amended to read:
AB356,33,1512 343.10 (9) Notice. The department shall inform a person whose operating
13privilege is revoked or suspended under this chapter or chs. 23, 30, or 350 of his or
14her right to apply to the department for issuance of an occupational license under
15this section.
AB356,84 16Section 84 . 343.21 (1) (jr) of the statutes is amended to read:
AB356,33,2017 343.21 (1) (jr) In addition to any other fee under this subsection, for
18reinstatement of an operating privilege previously revoked or suspended under s.
1923.33 (4y) (a) 2., 23.335 (12) (km) 1. b., 30.688 (1) (b), 343.305 (7), or 350.1075 (1) (b)
20or resulting from the commission of an offense listed in s. 343.307, $140.
AB356,85 21Section 85 . 350.01 (9b) of the statutes is created to read:
AB356,34,222 350.01 (9b) “Intoxicated operating law" means the intoxicated operation of an
23all-terrain or utility terrain vehicle law, as defined in s. 23.33 (1) (ic), the intoxicated
24operation of an off-highway motorcycle law, as defined in s. 23.335 (1) (km), the

1intoxicated boating law, as defined in s. 30.50 (4m), or the intoxicated snowmobiling
2law.
AB356,86 3Section 86 . 350.01 (10c) of the statutes is created to read:
AB356,34,94 350.01 (10c) “Public premises” means all premises held out to the public for use
5of a motor vehicle, including highways, all premises provided by employers to
6employees for the use of their motor vehicles, and all premises provided to tenants
7of rental housing in buildings of 4 or more units for the use of their motor vehicles,
8whether such premises are publicly or privately owned and whether or not a fee is
9charged for the use of those premises.
AB356,87 10Section 87 . 350.01 (10p) of the statutes is created to read:
AB356,34,1411 350.01 (10p) “Recreational vehicle" means an all-terrain vehicle, as defined
12in s. 340.01 (2g), a utility terrain vehicle, as defined in s. 23.33 (1) (ng), an
13off-highway motorcycle, as defined in s. 23.335 (1) (q), a recreational motorboat, as
14defined in s. 30.50 (9m), or a snowmobile.
AB356,88 15Section 88 . 350.01 (10q) of the statutes is created to read:
AB356,34,1916 350.01 (10q) “Recreational vehicle and boating refusal law" means the
17all-terrain or utility terrain vehicle refusal law, as defined in s. 23.33 (1) (at), the
18off-highway motorcycle refusal law, as defined in s. 23.335 (1) (tm), the boating
19refusal law, as defined in s. 30.50 (2c), or the snowmobiling refusal law.
AB356,89 20Section 89 . 350.01 (10r) of the statutes is renumbered 350.01 (17m) and
21amended to read:
AB356,34,2322 350.01 (17m) “Refusal “ Snowmobiling refusal law" means s. 350.104 (5) or a
23local ordinance in conformity therewith.
AB356,90 24Section 90 . 350.101 (1) (d) of the statutes is amended to read:
AB356,35,9
1350.101 (1) (d) Related charges. A person may be charged with and a prosecutor
2may proceed upon a complaint based upon a violation of any combination of par. (a),
3(b), or (bm) for acts arising out of the same incident or occurrence. If the person is
4charged with violating any combination of par. (a), (b), or (bm), the offenses shall be
5joined. If the person is found guilty of any combination of par. (a), (b), or (bm) for acts
6arising out of the same incident or occurrence, there shall be a single conviction for
7purposes of sentencing and for purposes of counting convictions under s. 350.11 (3)
8(a) 2. and 3. to 5. Paragraphs (a), (b), and (bm) each require proof of a fact for
9conviction which that the others do not require.
AB356,91 10Section 91 . 350.101 (2) (c) of the statutes is amended to read:
AB356,35,2011 350.101 (2) (c) Related charges. A person may be charged with and a prosecutor
12may proceed upon a complaint based upon a violation of any combination of par. (a),
13(b), or (bm) for acts arising out of the same incident or occurrence. If the person is
14charged with violating any combination of par. (a), (b), or (bm) in the complaint, the
15crimes shall be joined under s. 971.12. If the person is found guilty of any
16combination of par. (a), (b), or (bm) for acts arising out of the same incident or
17occurrence, there shall be a single conviction for purposes of sentencing and for
18purposes of counting convictions under s. 350.11 (3) (a) 2. and 3. to 5. Paragraphs
19(a), (b), and (bm) each require proof of a fact for conviction which that the others do
20not require.
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