SB331,98 23Section 98 . 350.11 (3) (a) 4b. of the statutes is created to read:
SB331,38,424 350.11 (3) (a) 4b. A person who violates s. 350.101 (1) (a), (b), or (bm) and who,
25within 5 years prior to the arrest for the current violation, was convicted 3 times

1previously under the intoxicated operating law, the recreational vehicle and boating
2refusal law, or any combination of these laws, shall be fined not less than $600 nor
3more than $2,000 and shall be imprisoned not less than 60 days nor more than one
4year in the county jail.
SB331,99 5Section 99 . 350.11 (3) (a) 5. of the statutes is created to read:
SB331,38,116 350.11 (3) (a) 5. A person who violates s. 350.101 (1) (a), (b), or (bm) and who,
7within 5 years prior to the arrest for the current violation, was convicted 4 or more
8times previously under the intoxicated operating law, the recreational vehicle and
9boating refusal law, or any combination of these laws, shall be fined not less than
10$600 nor more than $2,000 and shall be imprisoned not less than 6 months nor more
11than one year in the county jail.
SB331,100 12Section 100 . 350.11 (3) (am) of the statutes is created to read:
SB331,38,1713 350.11 (3) (am) Penalties related to operating with underage passengers. If
14there is a passenger under 16 years of age on a snowmobile at the time of a violation
15that gives rise to a conviction under s. 350.101 (1) (a), (b), or (bm) or 350.104 (5), the
16applicable minimum and maximum forfeitures, fines, and terms of imprisonment
17under par. (a) 1. to 5. for the conviction are doubled.
SB331,101 18Section 101 . 350.11 (3) (ar) of the statutes is created to read:
SB331,39,419 350.11 (3) (ar) Alcohol and drug treatment alternatives. 1. In any county that
20opts to offer a reduced minimum period of imprisonment for the successful
21completion of a probation period that includes alcohol and other drug treatment, if
22the number of suspensions, revocations, and convictions for a violation of the
23intoxicated snowmobiling law or the snowmobiling refusal law within a 5-year
24period equals 2, except that suspensions, revocations, or convictions arising out of
25the same incident or occurrence shall be counted as one, the fine shall be the same

1as under par. (a) 2., but the period of imprisonment shall be not less than 5 days,
2except that if the person successfully completes a period of probation that includes
3alcohol and other drug treatment, the period of imprisonment shall be not less than
45 nor more than 7 days.
SB331,39,145 2. In any county that opts to offer a reduced minimum period of imprisonment
6for the successful completion of a probation period that includes alcohol and other
7drug treatment, if the number of suspensions, revocations, and convictions for a
8violation of the intoxicated snowmobiling law or the snowmobiling refusal law within
9a 5-year period equals 3, except that suspensions, revocations, or convictions arising
10out of the same incident or occurrence shall be counted as one, the fine shall be the
11same as under par. (a) 3., but the period of imprisonment shall be not less than 30
12days, except that if the person successfully completes a period of probation that
13includes alcohol and other drug treatment, the period of imprisonment shall be not
14less than 14 days.
SB331,39,2415 3. In any county that opts to offer a reduced minimum period of imprisonment
16for the successful completion of a probation period that includes alcohol and other
17drug treatment, if the number of suspensions, revocations, and convictions for a
18violation of the intoxicated snowmobiling law or the snowmobiling refusal law within
19a 5-year period equals 4, except that suspensions, revocations, or convictions arising
20out of the same incident or occurrence shall be counted as one, the fine shall be the
21same as under par. (a) 4b., but the period of imprisonment shall be not less than 60
22days, except that if the person successfully completes a period of probation that
23includes alcohol and other drug treatment, the period of imprisonment shall be not
24less than 29 days.
SB331,40,2
14. A person may be sentenced under this paragraph or under s. 23.33 (13) (bm),
223.335 (23) (dm), or 30.80 (6) (ar) once in his or her lifetime.
SB331,102 3Section 102 . 350.11 (3) (bg) of the statutes is created to read:
SB331,40,104 350.11 (3) (bg) Penalties related to suspension and revocation. 1. A person who
5operates a recreational vehicle in violation of s. 350.1075 (2) (a) is subject to a
6forfeiture of not less than $50 nor more than $250. In addition, for each such
7violation, the court may suspend the person's privilege to operate a recreational
8vehicle for a period of not more than 6 months. Whenever a court suspends an
9operating privilege under this subdivision, the court shall notify the department of
10that action.
SB331,40,1511 2. A person who operates a snowmobile in violation of s. 350.1075 (2) (b) is
12subject to a forfeiture of not less than $150 nor more than $300. In addition, the court
13may suspend the person's privilege to operate a recreational vehicle for a period of
14not more than 6 months. Whenever a court suspends an operating privilege under
15this subdivision, the court shall notify the department of that action.
SB331,103 16Section 103 . 350.11 (3) (bm) of the statutes is amended to read:
SB331,40,2017 350.11 (3) (bm) Sentence of detention. The legislature intends that courts use
18the sentencing option under s. 973.03 (4) whenever appropriate for persons subject
19to par. (a) 2. or, 3., 4b., or 5. or (b). The use of this option can result in significant cost
20savings for the state and local governments.
SB331,104 21Section 104 . 350.11 (3) (c) of the statutes is renumbered 350.11 (3) (c) 1. and
22amended to read:
SB331,40,2523 350.11 (3) (c) 1. In determining the number of previous convictions under par.
24(a) 2. and 3. to 5., convictions arising out of the same incident or occurrence shall be
25counted as one previous conviction.
SB331,105
1Section 105. 350.11 (3) (c) 2. of the statutes is created to read:
SB331,41,122 350.11 (3) (c) 2. In determining the number of previous convictions under par.
3(a) 2. to 5., previous convictions under the intoxicated snowmobiling law or the
4snowmobiling refusal law that occurred before, on, or after the effective date of this
5subdivision .... [LRB inserts date], and previous convictions under the intoxicated
6operation of an all-terrain or utility terrain vehicle law, as defined in s. 23.33 (1) (ic),
7the all-terrain or utility terrain vehicle refusal law, as defined in s. 23.33 (1) (at), the
8intoxicated operation of an off-highway motorcycle law, as defined in s. 23.335 (1) (L),
9the off-highway motorcycle refusal law, as defined in s. 23.335 (1) (tm), the
10intoxicated boating law, as defined in s. 30.50 (4m), or the boating refusal law, as
11defined in s. 30.50 (2c), that occur after the effective date of this subdivision .... [LRB
12inserts date], shall count as previous convictions.
SB331,106 13Section 106 . 350.11 (3) (cm) of the statutes is amended to read:
SB331,41,1914 350.11 (3) (cm) Reporting convictions to the department. Whenever a person
15is convicted of a violation of the intoxicated snowmobiling law or the snowmobiling
16refusal law
, the clerk of the court in which the conviction occurred, or the justice,
17judge or magistrate of a court not having a clerk,
shall forward to the department the
18record of such conviction. The record of conviction forwarded to the department shall
19state whether the offender was involved in an accident at the time of the offense.
SB331,107 20Section 107 . 350.11 (3) (e) of the statutes is created to read:
SB331,42,321 350.11 (3) (e) Certificate of completion of safety program. In addition to any
22other penalty or order, a person who for the first time violates the intoxicated
23snowmobiling law or the snowmobiling refusal law shall be ordered by the court to
24obtain a certificate of satisfactory completion of a safety program established under
25s. 350.055 (1). If the person has a valid certificate at the time that the court imposes

1a sentence for such a violation, the court shall permanently revoke the certificate and
2order the person to obtain another certificate of satisfactory completion of the safety
3program.
SB331,108 4Section 108 . 940.09 (1m) (b) of the statutes is amended to read:
SB331,42,145 940.09 (1m) (b) If a person is charged in an information with any of the
6combinations of crimes referred to in par. (a), the crimes shall be joined under s.
7971.12. If the person is found guilty of more than one of the crimes so charged for
8acts arising out of the same incident or occurrence, there shall be a single conviction
9for purposes of sentencing and for purposes of counting convictions under s. 23.33
10(13) (b) 2. and 3. to 5., under s. 23.335 (23) (c) 2. and 3. to 5., under s. 30.80 (6) (a) 2.
11and 3. to 5., under s. 343.307 (1), or under s. 350.11 (3) (a) 2. and 3. to 5. Subsection
12(1) (a), (am), (b), (bm), (c), (cm), (d), and (e) each require proof of a fact for conviction
13which that the others do not require, and sub. (1g) (a), (am), (b), (c), (cm), and (d) each
14require proof of a fact for conviction which that the others do not require.
SB331,109 15Section 109 . 940.25 (1m) (b) of the statutes is amended to read:
SB331,42,2416 940.25 (1m) (b) If a person is charged in an information with any of the
17combinations of crimes referred to in par. (a), the crimes shall be joined under s.
18971.12. If the person is found guilty of more than one of the crimes so charged for
19acts arising out of the same incident or occurrence, there shall be a single conviction
20for purposes of sentencing and for purposes of counting convictions under s. 23.33
21(13) (b) 2. and 3. to 5., under s. 23.335 (23) (c) 2. and 3. to 5., under s. 30.80 (6) (a) 2.
22or 3. to 5., under ss. 343.30 (1q) and 343.305, or under s. 350.11 (3) (a) 2. and 3. to 5.
23Subsection (1) (a), (am), (b), (bm), (c), (cm), (d), and (e) each require proof of a fact for
24conviction which that the others do not require.
SB331,110 25Section 110 . Effective date.
SB331,43,2
1(1) This act takes effect on the first day of the 4th month beginning after
2publication.
SB331,43,33 (End)
Loading...
Loading...