LRBs0037/1
PJH:bjk:md
2009 - 2010 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2009 ASSEMBLY BILL 130
May 13, 2009 - Offered by Representative Gundrum.
AB130-ASA1,1,2
1An Act to create 814.63 (3m), 814.65 (4m) and 973.06 (1) (j) of the statutes;
2relating to: costs of administering tests for intoxication.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB130-ASA1,1,94
814.63
(3m) (a) Except as provided in par. (d), if a defendant is required to
5appear in court, in addition to any forfeiture, costs, fees, or surcharges it imposes, the
6court shall impose and collect from the defendant any costs charged to or paid by a
7law enforcement agency for the withdrawal of the defendant's blood if the court finds
8that the defendant violated s. 23.33 (4c), 30.681, 346.63, 350.101, or a local ordinance
9in conformity therewith.
AB130-ASA1,2,210
(b) Except as provided in par. (d), if at the time the court finds that the
11defendant committed the violation, the law enforcement agency has not paid or been
12charged with the costs of withdrawing the defendant's blood, the court shall impose
1and collect the costs the law enforcement agency reasonably expects to be charged
2for the withdrawal, based on the current charges for this procedure.
AB130-ASA1,2,43
(c) The court shall disburse the amounts it collects under this subsection to the
4law enforcement agency that requested the blood withdrawal.
AB130-ASA1,2,65
(d) The court may not impose on the defendant any cost for an alternative test
6provided free of charge as described in s. 343.305 (4).
AB130-ASA1,2,138
814.65
(4m) Blood test fee. (a) Except as provided in par. (d), if a defendant
9is required to appear in municipal court, in addition to any forfeiture, costs, fees, or
10surcharges it imposes, the municipal court shall impose and collect from the
11defendant any costs charged to or paid by a law enforcement agency for the
12withdrawal of the defendant's blood if the court finds that the defendant violated a
13local ordinance in conformity with s. 23.33 (4c), 30.681, 346.63, or 350.101.
AB130-ASA1,2,1814
(b) Except as provided in par. (d), if at the time the court finds that the
15defendant committed the violation, the law enforcement agency has not paid or been
16charged with the costs of withdrawing the defendant's blood, the court shall impose
17and collect the costs the law enforcement agency reasonably expects to be charged
18for the withdrawal, based on the current charges for this procedure.
AB130-ASA1,2,2019
(c) The court shall disburse the amounts it collects under this subsection to the
20law enforcement agency that requested the blood withdrawal.
AB130-ASA1,2,2221
(d) The court may not impose on the defendant any cost for an alternative test
22provided free of charge as described in s. 343.305 (4).
AB130-ASA1, s. 3
23Section
3. 973.06 (1) (j) of the statutes is created to read:
AB130-ASA1,3,824
973.06
(1) (j) If the defendant violated s. 23.33 (4c), 30.681, 346.63, 350.101,
25940.09 (1), or 940.25, any costs charged to or paid by a law enforcement agency for
1the withdrawal of the defendant's blood, except that the court may not impose on the
2defendant any cost for an alternative test provided free of charge as described in s.
3343.305 (4). If at the time the court finds that the defendant committed the violation,
4the law enforcement agency has not paid or been charged with the costs of
5withdrawing the person's blood, the court shall impose and collect the costs the law
6enforcement agency reasonably expects to be charged for the withdrawal, based on
7the current charges for this procedure. Notwithstanding sub. (2), the court may not
8remit these costs.
