The bill makes the provisions of the intoxicated operation of an ATV or UTV, the
intoxicated operation of an OHM, the intoxicated boating, and the intoxicated
snowmobiling laws more consistent. These changes include all of the following:
1. Adopting the higher penalties for various violations where the penalties for
violations of the intoxicated operation of an ATV or UTV law, the intoxicated
operation of an OHM law, the intoxicated boating law, the intoxicated snowmobiling
law, and the refusal law conflict.
2. Imposing increased penalties for violating the intoxicated operation of an
OHM law, the intoxicated boating law, or the intoxicated snowmobiling law or
related refusal law if the OHM, motorboat, or snowmobile is operated with a
passenger under 16 years of age. The increased penalty already exists for a violation
of the intoxicated operation of an ATV or UTV law and the ATV or UTV refusal law.
3. Repealing the provisions that imposed increased penalties for operating an
ATV or UTV with an alcohol concentration level that is 0.17 or more. Under current
law, these increased penalties are not imposed for violations of the intoxicated
boating or the intoxicated snowmobiling laws.
The bill eliminates the impositions of fines and mandatory terms of
confinement in the county jail for a person who is found guilty of a violation of a
refusal law who has, within the previous five years, violated the intoxicated
operation of an ATV or UTV, the intoxicated operation of an OHM, the intoxicated
boating, or the intoxicated snowmobiling law one or more times. Under the bill, the
penalty for violating a refusal law is a forfeiture of at least $400 but not more than
$550 regardless of the number of prior violations.
The bill provides that when counting the number of convictions within the
previous five years, the previous convictions for intoxicated operation of that same
type of recreational vehicle or the related refusal law that occurred before the
effective date of this bill are counted, but previous convictions for the other three
types of recreational vehicles that occurred before the effective date of this bill are
not counted.
The bill also requires a court to enter an order to suspend the person's privilege
to operate a snowmobile, an ATV, a UTV, an OHM, and a motorboat for a period of
not less than 12 months and not more that 16 months if the court imposes a penalty
for a violation of the intoxicated operation of an ATV or UTV, the intoxicated
operation of an OHM, the intoxicated boating, or the intoxicated snowmobiling law
or the related refusal law. The bill allows the court, as part of the order, to authorize
the person to operate an ATV, UTV, OHM, or snowmobile exclusively on land under
the management and control of the person's immediate family, or to operate a
recreational motorboat, if the court finds that such operation is essential for the
purpose of engaging in an occupation or trade. The bill also provides a forfeiture and
additional six-month period of operating privilege suspension for violating the order
of suspension.
Under the bill, if the person is found guilty of a violation of the intoxicated
operation of an ATV or UTV, the intoxicated operation of an OHM, the intoxicated
boating, or the intoxicated snowmobiling law or the related refusal law and has,
within the previous five years, violated one of these laws, the court is required to
revoke the person's privilege to operate a motor vehicle for not less than six months
and not more than 12 months. Also under the bill, the person may be eligible for an
occupational driver's license at any time during the revocation period. The bill
requires the person whose operating privilege was revoked to pay a $140
reinstatement fee.
Under the bill, if a person has had his or her privilege to operate a motor vehicle
suspended or revoked for a violation of a prohibition against operating a motor
vehicle while intoxicated, the person may not operate a snowmobile, an ATV, a UTV,
an OHM, or a motorboat during the period of that motor vehicle operating privilege
suspension or revocation. The bill also provides a forfeiture and an additional
six-month period of operating privilege suspension for violating the order of
suspension.
Under current law, the sentences of persons who are convicted of certain
second, third, or fourth offenses involving the operation of a motor vehicle while
under the influence of an intoxicant may be reduced if the violator successfully
completes a period of probation that includes alcohol and other drug treatment. A
person may complete a treatment program and receive a reduced period of
imprisonment only once. This bill allows this option to be used for persons convicted
of a violation of the intoxicated operation of an ATV or UTV, the intoxicated operation
of an OHM, the intoxicated boating, or the intoxicated snowmobiling law or the
applicable refusal law.
Because this bill proposes to revoke a person's operating privilege upon
conviction for an offense, the Department of Transportation, as required by law, will
prepare a report to be printed as an appendix to this bill.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
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:
SB331,1
1Section 1
. 23.33 (1) (ib) of the statutes is created to read:
SB331,5,32
23.33
(1) (ib) “Intoxicated operating law" means the intoxicated operation of
3an all-terrain or utility terrain vehicle law, the intoxicated operation of an
1off-highway motorcycle law, as defined in s. 23.335 (1) (km), the intoxicated boating
2law, as defined in s. 30.50 (4m), or the intoxicated snowmobiling law, as defined in
3s. 350.01 (9c).
SB331,2
4Section 2
. 23.33 (1) (ih) of the statutes is created to read:
SB331,5,55
23.33
(1) (ih) “Legal drinking age" means 21 years of age.
SB331,3
6Section 3
. 23.33 (1) (jd) of the statutes is created to read:
SB331,5,127
23.33
(1) (jd) “Public premises" means all premises held out to the public for
8use of a motor vehicle, including highways, all premises provided by employers to
9employees for the use of their motor vehicles, and all premises provided to tenants
10of rental housing in buildings of 4 or more units for the use of their motor vehicles,
11whether such premises are publicly or privately owned and whether or not a fee is
12charged for the use of those premises.
SB331,4
13Section 4
. 23.33 (1) (jh) of the statutes is created to read:
SB331,5,1714
23.33
(1) (jh) “Recreational vehicle" means an all-terrain vehicle, a utility
15terrain vehicle, an off-highway motorcycle as defined in s. 23.335 (1) (q), a
16recreational motorboat as defined in s. 30.50 (9m), or a snowmobile, as defined in s.
17340.01 (58a).
SB331,5
18Section 5
. 23.33 (1) (jk) of the statutes is created to read:
SB331,5,2119
23.33
(1) (jk) “Recreational vehicle and boating refusal law" means the
20all-terrain or utility terrain vehicle refusal law, the boating refusal law, as defined
21in s. 30.50 (2c), or the snowmobiling refusal law, as defined in s. 350.01 (17m).
SB331,6
22Section 6
. 23.33 (1) (jm) of the statutes is renumbered 23.33 (1) (at) and
23amended to read:
SB331,5,2524
23.33
(1) (at)
“Refusal “
All-terrain or utility terrain vehicle refusal law" means
25sub. (4p) (e) or a local ordinance in conformity therewith.
SB331,7
1Section
7. 23.33 (4c) (a) 3. of the statutes is amended to read:
SB331,6,62
23.33
(4c) (a) 3. `Operating with alcohol concentrations at specified levels;
3below
legal drinking age
21.'
If a A person
who has not attained the
legal drinking 4age
of 21, the person may not engage in the operation of an all-terrain vehicle or
5utility terrain vehicle while he or she has an alcohol concentration of more than 0.0
6but
not more less than 0.08.
SB331,8
7Section 8
. 23.33 (4c) (a) 4. of the statutes is amended to read:
SB331,6,168
23.33
(4c) (a) 4. `Related charges.' A person may be charged with and a
9prosecutor may proceed upon a complaint based upon a violation of any combination
10of subd. 1., 2., or 2m. for acts arising out of the same incident or occurrence. If the
11person is charged with violating any combination of subd. 1., 2., or 2m., the offenses
12shall be joined. If the person is found guilty of any combination of subd. 1., 2., or 2m.
13for acts arising out of the same incident or occurrence, there shall be a single
14conviction for purposes of sentencing and for purposes of counting convictions under
15sub. (13) (b) 2.
and 3. to 5. Subdivisions 1., 2., and 2m. each require proof of a fact
16for conviction
which that the others do not require.
SB331,9
17Section 9
. 23.33 (4c) (b) 3. of the statutes is amended to read:
SB331,7,218
23.33
(4c) (b) 3. `Related charges.' A person may be charged with and a
19prosecutor may proceed upon a complaint based upon a violation of any combination
20of subd. 1., 2., or 2m. for acts arising out of the same incident or occurrence. If the
21person is charged with violating any combination of subd. 1., 2., or 2m. in the
22complaint, the crimes shall be joined under s. 971.12. If the person is found guilty
23of any combination of subd. 1., 2., or 2m. for acts arising out of the same incident or
24occurrence, there shall be a single conviction for purposes of sentencing and for
25purposes of counting convictions under sub. (13) (b) 2.
and 3. to 5. Subdivisions 1.,
12., and 2m. each require proof of a fact for conviction
which that the others do not
2require.
SB331,10
3Section 10
. 23.33 (4t) of the statutes is amended to read:
SB331,7,74
23.33
(4t) Report arrest to department. If a law enforcement officer arrests
5a person for a violation of the intoxicated operation of an all-terrain vehicle or utility
6terrain vehicle law or the
all-terrain or utility terrain vehicle refusal law, the law
7enforcement officer shall notify the department of the arrest as soon as practicable.
SB331,11
8Section 11
. 23.33 (4y) of the statutes is created to read:
SB331,7,199
23.33
(4y) Suspension or revocation of operating privileges. (a)
Orders to
10suspend or revoke. 1. If a court imposes a penalty for a violation of the intoxicated
11operation of an all-terrain or utility terrain vehicle law or the all-terrain or utility
12terrain vehicle refusal law, the court shall order the suspension of the person's
13privilege to operate a recreational vehicle for a period of not less than 12 months and
14not more than 16 months. As part of the order, the court may authorize the person
15to operate an all-terrain vehicle or utility terrain vehicle exclusively on land under
16the management and control of the person's immediate family if the court finds that
17such operation is essential for the purpose of engaging in an occupation or trade.
18Whenever a court suspends an operating privilege under this subdivision, the court
19shall notify the department of that action.
SB331,8,620
2. In addition to the order under subd. 1., the court shall also order the
21revocation of the person's privilege to operate a motor vehicle on public premises if
22the person, within 5 years prior to the arrest for the current violation of the
23intoxicated operation of an all-terrain or utility terrain vehicle law or the all-terrain
24or utility terrain vehicle refusal law, violated the intoxicated operating law or the
25recreational vehicle and boating refusal law. The period of revocation shall be not
1less than 6 months and not more than 12 months. Whenever a court revokes an
2operating privilege under this subdivision, the court may take possession of the
3revoked license. If the court takes possession of the revoked license, the court shall
4destroy the license. The court shall forward to the department of transportation the
5record of the conviction and notice of revocation. The person is eligible for an
6occupational license under s. 343.10 at any time.
SB331,8,87
(b)
Operating while suspended or revoked. 1. No person may operate a
8recreational vehicle in violation of a suspension order imposed under par. (a) 1.
SB331,8,119
2. No person may operate an all-terrain vehicle or utility terrain vehicle during
10the time that the person's motor vehicle operating privilege is suspended or revoked
11for a conviction counted under s. 343.307 (1).
SB331,12
12Section 12
. 23.33 (13) (b) 1. of the statutes is amended to read:
SB331,8,1513
23.33
(13) (b) 1. Except as provided under subds. 2.
and 3. to 5., a person who
14violates sub. (4c) (a) 1., 2., or 2m. or (4p) (e) shall forfeit not less than
$150 $400 nor
15more than
$300 $550.
SB331,13
16Section 13
. 23.33 (13) (b) 2. of the statutes is amended to read:
SB331,8,2317
23.33
(13) (b) 2.
Except as provided under subd. 3., a A person who violates sub.
18(4c) (a) 1., 2., or 2m.
or (4p) (e) and who, within 5 years prior to the arrest for the
19current violation, was convicted
one time previously under the intoxicated
operation
20of an all-terrain vehicle or utility terrain vehicle operating law or the
recreational
21vehicle and boating refusal law shall be fined not less than $300 nor more than
22$1,100 and shall be imprisoned not less than 5 days nor more than
6 months one year
23in the county jail.
SB331,14
24Section 14
. 23.33 (13) (b) 3. of the statutes is amended to read:
SB331,9,7
123.33
(13) (b) 3. A person who violates sub. (4c) (a) 1., 2., or 2m.
or (4p) (e) and
2who, within 5 years prior to the arrest for the current violation, was convicted 2
or
3more times previously under the intoxicated
operation of an all-terrain vehicle or
4utility terrain vehicle operating law
or, the recreational vehicle and boating refusal
5law
, or any combination of these laws, shall be fined not less than $600 nor more than
6$2,000 and shall be imprisoned not less than 30 days nor more than one year in the
7county jail.
SB331,15
8Section 15
. 23.33 (13) (b) 4. of the statutes is renumbered 23.33 (13) (b) 6. and
9amended to read:
SB331,9,1210
23.33
(13) (b) 6. A person who violates sub. (4c) (a) 3. or
who violates sub. (4p)
11(e) and
who has not attained the
legal drinking age
of 21 shall forfeit
not more than 12$50.
SB331,16
13Section 16
. 23.33 (13) (b) 4b. of the statutes is created to read:
SB331,9,1914
23.33
(13) (b) 4b. A person who violates sub. (4c) (a) 1., 2., or 2m. and who,
15within 5 years prior to the arrest for the current violation, was convicted 3 times
16previously under the intoxicated operating law, the recreational vehicle and boating
17refusal law, or any combination of these laws, shall be fined not less than $600 nor
18more than $2,000 and shall be imprisoned not less than 60 days nor more than one
19year in the county jail.
SB331,17
20Section 17
. 23.33 (13) (b) 5. of the statutes is created to read:
SB331,9,2421
23.33
(13) (b) 5. A person who violates sub. (4c) (a) 1., 2., or 2m. and who, within
225 years prior to the arrest for the current violation, was convicted 4 or more times
23previously under the intoxicated operating law, the recreational vehicle and boating
24refusal law, or any combination of these laws, shall be fined not less than $600 nor
1more than $2,000 and shall be imprisoned not less than 6 months nor more than one
2year in the county jail.
SB331,18
3Section 18
. 23.33 (13) (bg) of the statutes is amended to read:
SB331,10,94
23.33
(13) (bg)
Penalties related to intoxicated operation of an all-terrain
5vehicle or utility terrain vehicle; underage passengers. If there is a passenger under
616 years of age on the all-terrain vehicle or utility terrain vehicle at the time of a
7violation that gives rise to a conviction under sub. (4c) (a) 1.
or, 2.
, or 2m. or (4p) (e),
8the applicable minimum and maximum forfeitures, fines, and terms of
9imprisonment under
pars. par. (b) 1.
, 2., and 3. to 5. for the conviction are doubled.
SB331,19
10Section 19
. 23.33 (13) (bm) of the statutes is created to read:
SB331,10,2111
23.33
(13) (bm)
Alcohol and drug treatment alternatives. 1. In any county that
12opts to offer a reduced minimum period of imprisonment for the successful
13completion of a probation period that includes alcohol and other drug treatment, if
14the number of suspensions, revocations, and convictions for a violation of the
15intoxicated operation of an all-terrain or utility terrain vehicle law or of the
16all-terrain or utility terrain vehicle refusal law within a 5-year period equals 2,
17except that suspensions, revocations, or convictions arising out of the same incident
18or occurrence shall be counted as one, the fine shall be the same as under par. (b) 2.,
19but the period of imprisonment shall be not less than 5 days, except that if the person
20successfully completes a period of probation that includes alcohol and other drug
21treatment, the period of imprisonment shall be not less than 5 nor more than 7 days.
SB331,11,622
2. In any county that opts to offer a reduced minimum period of imprisonment
23for the successful completion of a probation period that includes alcohol and other
24drug treatment, if the number of suspensions, revocations, and convictions for a
25violation of the intoxicated operation of an all-terrain or utility terrain vehicle law
1or of the all-terrain or utility terrain vehicle refusal law within a 5-year period
2equals 3, except that suspensions, revocations, or convictions arising out of the same
3incident or occurrence shall be counted as one, the fine shall be the same as under
4par. (b) 3., but the period of imprisonment shall be not less than 30 days, except that
5if the person successfully completes a period of probation that includes alcohol and
6other drug treatment, the period of imprisonment shall be not less than 14 days.
SB331,11,167
3. In any county that opts to offer a reduced minimum period of imprisonment
8for the successful completion of a probation period that includes alcohol and other
9drug treatment, if the number of suspensions, revocations, and convictions for a
10violation of the intoxicated operation of an all-terrain or utility terrain vehicle law
11or of the all-terrain or utility terrain vehicle refusal law within a 5-year period
12equals 4, except that suspensions, revocations, or convictions arising out of the same
13incident or occurrence shall be counted as one, the fine shall be the same as under
14par. (b) 4b., but the period of imprisonment shall be not less than 60 days, except that
15if the person successfully completes a period of probation that includes alcohol and
16other drug treatment, the period of imprisonment shall be not less than 29 days.
SB331,11,1817
4. A person may be sentenced under this paragraph or under s. 23.335 (23)
18(dm), 30.80 (6) (ar), or 350.11 (3) (ar) once in his or her lifetime.
SB331,20
19Section 20
. 23.33 (13) (br) of the statutes is repealed.
SB331,21
20Section 21
. 23.33 (13) (ce) of the statutes is created to read:
SB331,12,221
23.33
(13) (ce)
Penalties related to suspension and revocation. 1. A person who
22operates a recreational vehicle in violation of sub. (4y) (b) 1. is subject to a forfeiture
23of not less than $50 nor more than $250. In addition, for each such violation, the court
24may suspend the person's privilege to operate a recreational vehicle for a period of
1not more than 6 months. Whenever a court suspends an operating privilege under
2this subdivision, the court shall notify the department of that action.
SB331,12,83
2. A person who operates an all-terrain vehicle or utility terrain vehicle in
4violation of sub. (4y) (b) 2. is subject to a forfeiture of not less than $150 nor more than
5$300. In addition, the court may suspend the person's privilege to operate a
6recreational vehicle for a period of not more than 6 months. Whenever a court
7suspends an operating privilege under this subdivision, the court shall notify the
8department of that action.
SB331,22
9Section 22
. 23.33 (13) (cm) of the statutes is amended to read:
SB331,12,1310
23.33
(13) (cm)
Sentence of detention. The legislature intends that courts use
11the sentencing option under s. 973.03 (4) whenever appropriate for persons subject
12to par. (b) 2.
or, 3.
, 4b., or 5., or (c). The use of this option can result in significant cost
13savings for the state and local governments.
SB331,23
14Section 23
. 23.33 (13) (d) of the statutes is renumbered 23.33 (13) (d) 1. and
15amended to read:
SB331,12,1816
23.33
(13) (d) 1. In determining the number of previous convictions under par.
17(b) 2.
and 3. to 5., convictions arising out of the same incident or occurrence shall be
18counted as one previous conviction.
SB331,24
19Section 24
. 23.33 (13) (d) 2. of the statutes is created to read:
SB331,13,520
23.33
(13) (d) 2. In determining the number of previous convictions under par.
21(b) 2. to 5., previous convictions under the intoxicated operation of an all-terrain or
22utility terrain vehicle law or under the all-terrain or utility terrain vehicle refusal
23law that occurred before, on, or after the effective date of this subdivision .... [LRB
24inserts date], and previous convictions under the intoxicated operation of an
25off-highway motorcycle law, as defined in s. 23.335 (1) (L), the off-highway
1motorcycle refusal law, as defined in s. 23.335 (1) (tm), the intoxicated boating law,
2as defined in s. 30.50 (4m), the boating refusal law, as defined in s. 30.50 (2c), the
3intoxicated snowmobiling law, as defined in s. 350.01 (9c), or the snowmobiling
4refusal law, as defined in s. 350.01 (17m), that occur after the effective date of this
5subdivision .... [LRB inserts date], shall count as previous convictions.
SB331,25
6Section 25
. 23.33 (13) (dm) of the statutes is amended to read:
SB331,13,137
23.33
(13) (dm)
Reporting convictions to the department. Whenever a person
8is convicted of a violation of the intoxicated operation of an all-terrain vehicle or
9utility terrain vehicle law
or the all-terrain or utility terrain vehicle refusal law, the
10clerk of the court in which the conviction occurred
, or the justice, judge or magistrate
11of a court not having a clerk, shall forward to the department the record of such
12conviction. The record of conviction forwarded to the department shall state whether
13the offender was involved in an accident at the time of the offense.
SB331,26
14Section 26
. 23.33 (13) (eg) of the statutes is created to read:
SB331,13,2215
23.33
(13) (eg)
Certificate of completion of safety program. In addition to any
16other penalty or order, a person who for the first time violates the intoxicated
17operation of an all-terrain or utility terrain vehicle law or the all-terrain or utility
18terrain vehicle refusal law shall be ordered by the court to obtain a certificate of
19satisfactory completion of a safety program established under sub. (5) (d). If the
20person has a valid certificate at the time that the court imposes a sentence for such
21a violation, the court shall permanently revoke the certificate and order the person
22to obtain another certificate of satisfactory completion of the safety program.
SB331,27
23Section 27
. 23.335 (1) (km) of the statutes is created to read:
SB331,14,324
23.335
(1) (km) “Intoxicated operating law” means the intoxicated operation
25of an off-highway motorcycle law, the intoxicated operation of an all-terrain or
1utility terrain vehicle law, as defined in s. 23.33 (1) (ic), the intoxicated boating law,
2as defined in s. 30.50 (4m), or the intoxicated snowmobiling law, as defined in s.
3350.01 (9c).
SB331,28
4Section 28
. 23.335 (1) (nm) of the statutes is created to read:
SB331,14,55
23.335
(1) (nm) “Legal drinking age” means 21 years of age.
SB331,29
6Section 29
. 23.335 (1) (zdr) of the statutes is created to read:
SB331,14,127
23.335
(1) (zdr) “Public premises” means all premises held out to the public for
8use of a motor vehicle, including highways, all premises provided by employers to
9employees for the use of their motor vehicles, and all premises provided to tenants
10of rental housing in buildings of 4 or more units for the use of their motor vehicles,
11whether such premises are publicly or privately owned and whether or not a fee is
12charged for the use of those premises.
SB331,30
13Section 30
. 23.335 (1) (zer) of the statutes is created to read:
SB331,14,1714
23.335
(1) (zer) “Recreational vehicle" means an off-highway motorcycle, an
15all-terrain vehicle as defined in s. 23.33 (1) (b), a utility terrain vehicle as defined
16in s. 23.33 (1) (ng), a recreational motorboat as defined in s. 30.50 (9m), or a
17snowmobile, as defined in s. 340.01 (58a).
SB331,31
18Section 31
. 23.335 (1) (zet) of the statutes is created to read:
SB331,14,2219
23.335
(1) (zet) “Recreational vehicle and boating refusal law" means the
20off-highway motorcycle refusal law, the all-terrain or utility terrain vehicle refusal
21law, as defined in s. 23.33 (1) (jm), the boating refusal law, as defined in s. 30.50 (2c),
22or the snowmobiling refusal law, as defined in s. 350.01 (17m).
SB331,32
23Section 32
. 23.335 (1) (zf) of the statutes is renumbered 23.335 (1) (tm) and
24amended to read:
SB331,15,2
123.335
(1) (tm)
“Refusal “Off-highway motorcycle refusal law" means sub. (12)
2(h) or a local ordinance in conformity therewith.
SB331,33
3Section 33
. 23.335 (12) (a) 3. of the statutes is amended to read:
SB331,15,64
23.335
(12) (a) 3.
If a
A person
who has not attained the
legal drinking age
of
521, the person may not engage in the operation of an off-highway motorcycle while
6he or she has an alcohol concentration of more than 0.0 but
not more less than 0.08.
SB331,34
7Section 34
. 23.335 (12) (a) 4. of the statutes is amended to read:
SB331,15,168
23.335
(12) (a) 4. A person may be charged with and a prosecutor may proceed
9upon a complaint based upon a violation of any combination of subd. 1., 2., or 2m. for
10acts arising out of the same incident or occurrence. If the person is charged with
11violating any combination of subd. 1., 2., or 2m., the offenses shall be joined. If the
12person is found guilty of any combination of subd. 1., 2., or 2m. for acts arising out
13of the same incident or occurrence, there shall be a single conviction for purposes of
14sentencing and for purposes of counting convictions under sub. (23) (c) 2.
and 3. to
155. Subdivisions 1., 2., and 2m. each require proof of a fact for conviction
which that 16the others do not require.