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LRB-3642/2
EVM:kjf&amn
2015 - 2016 LEGISLATURE
November 24, 2015 - Introduced by Representatives J. Ott, E. Brooks, Sanfelippo,
Gannon, Kitchens, Duchow, Subeck, Tranel, T. Larson, Rohrkaste,
Horlacher, Berceau, Petryk, R. Brooks, Craig and Zepnick, cosponsored by
Senators Darling, Wanggaard, Harsdorf, LeMahieu, Nass, Moulton,
Kapenga, Stroebel and Vukmir. Referred to Committee on Criminal Justice
and Public Safety.
AB536,1,6 1An Act to repeal 346.63 (2) (c), 346.63 (6) (d), 346.65 (2) (am) 4m. and 973.09 (2)
2(am); and to amend 48.685 (5) (bm) 4., 48.685 (5) (br) 6., 346.65 (2) (am) 4.,
3346.65 (2) (am) 5., 346.65 (2) (am) 6., 346.65 (2) (am) 7., 346.65 (2) (dm), 346.65
4(2) (f) 2., 346.65 (2c), 346.65 (2g) (a), 346.65 (2g) (ag), 346.65 (2j) (cr) and 346.65
5(7) of the statutes; relating to: penalties for, and elements of, certain
6operating-while-intoxicated offenses and providing a criminal penalty.
Analysis by the Legislative Reference Bureau
This bill increases the penalties for fourth or subsequent drunken driving
offenses, eliminates a special penalty for certain fourth drunken driving offenses,
and changes the definition of "injury" for certain purposes.
Under current law, a person who commits a fourth offense related to drunken
driving or driving under the influence of an intoxicant or other drug (OWI offense)
must be fined not less than $600 nor more than $2,000 and imprisoned for not less
than 60 days nor more than one year. A person who commits a fifth or sixth OWI
offense is guilty of a Class H felony and must be fined not less than $600 and
imprisoned for not less than six months. A person who commits a seventh, eighth,
or ninth OWI offense is guilty of a Class G felony and the confinement portion of a
bifurcated sentence imposed on the person may not be less than three years. A
person who commits a tenth or subsequent OWI offense is guilty of a Class F felony
and the confinement portion of a bifurcated sentence imposed on the person may not

be less than four years. Also under current law, the penalty for a Class E felony is
a fine not to exceed $50,000 or imprisonment not to exceed 15 years, or both; the
penalty for a Class F felony is a fine not to exceed $25,000 or imprisonment not to
exceed 12 years and six months, or both; the penalty for a Class G felony is a fine not
to exceed $25,000 or imprisonment not to exceed ten years, or both; and the penalty
for a Class H felony is a fine not to exceed $10,000 or imprisonment not to exceed six
years, or both.
Under this bill, a person who commits a fourth OWI offense is guilty of a Class
H felony and the person must be fined not less than $600 and must be imprisoned
for not less than 60 days. A person who commits a fifth or sixth OWI offense is guilty
of a Class G felony and the person must be fined not less than $600 and must be
imprisoned for not less than six months. A person who commits a seventh, eighth,
or ninth OWI offense is guilty of a Class F felony and the confinement portion of a
bifurcated sentence imposed on the person may not be less than three years. A
person who commits a tenth or greater OWI offense is guilty of a Class E felony and
the confinement portion of a bifurcated sentence imposed on the person may not be
less than four years.
Also under current law, the penalty is greater for a fourth OWI offense if the
fourth offense is committed within five years of a prior offense. Under this bill, all
fourth OWI offenses are subject to the same penalty regardless of how much time has
passed since the previous OWI offense.
Under current law, no person may cause injury to another person by the
operation of a vehicle while under the influence of an intoxicant or other drug
(OWI-related injury). "Injury" is defined for the purposes of the prohibition on
OWI-related injury as "bodily injury that causes a laceration that requires stitches,
staples, or a tissue adhesive; any fracture of a bone; a broken nose; a burn; a petechia;
a temporary loss of consciousness, sight, or hearing; a concussion; or a loss or fracture
of a tooth." This bill repeals the specific definition of "injury" for the purposes of the
prohibition on OWI-related injury.
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:
AB536,1 1Section 1. 48.685 (5) (bm) 4. of the statutes is amended to read:
AB536,3,22 48.685 (5) (bm) 4. A violation of s. 940.19 (3), 1999 stats., or of s. 125.075 (1),
3125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3), 125.68 (12), 940.09, 940.19 (2), (4), (5),
4or (6), 940.20, 940.203, 940.205, 940.207, or 940.25, a violation of s. 346.63 (1), (2),
5(5), or (6) that is a felony under s. 346.65 (2) (am) 5., 6., or 4. to 7., or (f), (2j) (d), or

1(3m), or an offense under ch. 961 that is a felony, if committed not more than 5 years
2before the date of the investigation under sub. (2) (am).
AB536,2 3Section 2. 48.685 (5) (br) 6. of the statutes is amended to read:
AB536,3,114 48.685 (5) (br) 6. A violation of s. 125.075 (1), 125.085 (3) (a) 2., 125.105 (2) (b),
5125.66 (3), 125.68 (12), 940.09, 940.19 (2), (4), (5), or (6), 940.20, 940.203, 940.205,
6940.207, 940.25, or 943.23 (1g), a violation of s. 948.51 (2) that is a felony under s.
7948.51 (3) (b) or (c), a violation of s. 346.63 (1), (2), (5), or (6) that is a felony under
8s. 346.65 (2) (am) 5., 6., or 4. to 7., or (f), (2j) (d), or (3m), or an offense under ch. 961
9that is a felony, if the person completed his or her sentence, including any probation,
10parole, or extended supervision, or was discharged by the department of corrections,
11less than 5 years before the date of the investigation under sub. (2) (am) or (b) 1.
AB536,3 12Section 3. 346.63 (2) (c) of the statutes is repealed.
AB536,4 13Section 4. 346.63 (6) (d) of the statutes is repealed.
AB536,5 14Section 5. 346.65 (2) (am) 4. of the statutes is amended to read:
AB536,3,2115 346.65 (2) (am) 4. Except as provided in subd. 4m. and pars. (dm), (f), and (g),
16is guilty of a Class H felony and shall be fined not less than $600 nor more than $2,000
17and imprisoned for not less than 60 days nor more than one year in the county jail
18if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime,
19plus the total number of suspensions, revocations, and other convictions counted
20under s. 343.307 (1), equals 4, except that suspensions, revocations, or convictions
21arising out of the same incident or occurrence shall be counted as one.
AB536,6 22Section 6. 346.65 (2) (am) 4m. of the statutes is repealed.
AB536,7 23Section 7. 346.65 (2) (am) 5. of the statutes is amended to read:
AB536,4,424 346.65 (2) (am) 5. Except as provided in pars. (f) and (g), is guilty of a Class
25H G felony and shall be fined not less than $600 and imprisoned for not less than

16 months if the number of convictions under ss. 940.09 (1) and 940.25 in the person's
2lifetime, plus the total number of suspensions, revocations and other convictions
3counted under s. 343.307 (1), equals 5 or 6, except that suspensions, revocations or
4convictions arising out of the same incident or occurrence shall be counted as one.
AB536,8 5Section 8. 346.65 (2) (am) 6. of the statutes is amended to read:
AB536,4,136 346.65 (2) (am) 6. Except as provided in par. (f), is guilty of a Class G F felony
7if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime,
8plus the total number of suspensions, revocations, and other convictions counted
9under s. 343.307 (1), equals 7, 8, or 9, except that suspensions, revocations, or
10convictions arising out of the same incident or occurrence shall be counted as one.
11The court shall impose a bifurcated sentence under s. 973.01 and the confinement
12portion of the bifurcated sentence imposed on the person shall be not less than 3
13years.
AB536,9 14Section 9. 346.65 (2) (am) 7. of the statutes is amended to read:
AB536,4,2215 346.65 (2) (am) 7. Except as provided in par. (f), is guilty of a Class F E felony
16if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime,
17plus the total number of suspensions, revocations, and other convictions counted
18under s. 343.307 (1), equals 10 or more except that suspensions, revocations, or
19convictions arising out of the same incident or occurrence shall be counted as one.
20The court shall impose a bifurcated sentence under s. 973.01 and the confinement
21portion of the bifurcated sentence imposed on the person shall be not less than 4
22years.
AB536,10 23Section 10. 346.65 (2) (dm) of the statutes is amended to read:
AB536,5,1024 346.65 (2) (dm) In any county that opts to offer a reduced minimum period of
25imprisonment for the successful completion of a probation period that includes

1alcohol and other drug treatment, if the number of convictions under ss. 940.09 (1)
2and 940.25 in the person's lifetime, plus the total number of suspensions,
3revocations, and other convictions counted under s. 343.307 (1) equals 4, and par.
4(am) 4m. does not apply
, except that suspensions, revocations, or convictions arising
5out of the same incident or occurrence shall be counted as one, the fine shall be the
6same as under par. (am) 4., but the period of imprisonment shall be not less than 60
7days, except that if the person successfully completes a period of probation that
8includes alcohol and other drug treatment, the period of imprisonment shall be not
9less than 29 days. A person may be sentenced under this paragraph or under par.
10(bm) or (cm) or sub. (2j) (bm), (cm), or (cr) or (3r) once in his or her lifetime.
AB536,11 11Section 11. 346.65 (2) (f) 2. of the statutes is amended to read:
AB536,5,1812 346.65 (2) (f) 2. If there was a minor passenger under 16 years of age in the
13motor vehicle at the time of the violation that gave rise to the conviction under s.
14346.63 (1), the applicable minimum and maximum fines and imprisonment under
15par. (am) 2. to 7. for the conviction are doubled. An offense under s. 346.63 (1) that
16subjects a person to a penalty under par. (am) 3., 4., 4m., 5., 6., or 7. when there is
17a minor passenger under 16 years of age in the motor vehicle is a felony and the place
18of imprisonment shall be determined under s. 973.02.
AB536,12 19Section 12. 346.65 (2c) of the statutes is amended to read:
AB536,6,220 346.65 (2c) In sub. (2) (am) 2., 3., 4., 4m., 5., 6., and 7., the time period shall
21be measured from the dates of the refusals or violations that resulted in the
22revocation or convictions. If a person has a suspension, revocation, or conviction for
23any offense under a local ordinance or a state statute of another state that would be
24counted under s. 343.307 (1), that suspension, revocation, or conviction shall count

1as a prior suspension, revocation, or conviction under sub. (2) (am) 2., 3., 4., 4m., 5.,
26., and 7.
AB536,13 3Section 13. 346.65 (2g) (a) of the statutes is amended to read:
AB536,6,124 346.65 (2g) (a) In addition to the authority of the court under s. 973.05 (3) (a)
5to provide that a defendant perform community service work for a public agency or
6a nonprofit charitable organization in lieu of part or all of a fine imposed under sub.
7(2) (am) 2., 3., 4., 4m., and 5., (f), and (g) and except as provided in par. (ag), the court
8may provide that a defendant perform community service work for a public agency
9or a nonprofit charitable organization in lieu of part or all of a forfeiture under sub.
10(2) (am) 1. or may require a person who is subject to sub. (2) to perform community
11service work for a public agency or a nonprofit charitable organization in addition
12to the penalties specified under sub. (2).
AB536,14 13Section 14. 346.65 (2g) (ag) of the statutes is amended to read:
AB536,6,2114 346.65 (2g) (ag) If the court determines that a person does not have the ability
15to pay a fine imposed under sub. (2) (am) 2., 3., 4., 4m., or 5., (f), or (g), the court shall
16require the defendant to perform community service work for a public agency or a
17nonprofit charitable organization in lieu of paying the fine imposed or, if the amount
18of the fine was reduced under sub. (2e), in lieu of paying the remaining amount of the
19fine. Each hour of community service performed in compliance with an order under
20this paragraph shall reduce the amount of the fine owed by an amount determined
21by the court.
AB536,15 22Section 15. 346.65 (2j) (cr) of the statutes is amended to read:
AB536,7,923 346.65 (2j) (cr) In any county that opts to offer a reduced minimum period of
24imprisonment for the successful completion of a probation period that includes
25alcohol and other drug treatment, if the number of convictions under ss. 940.09 (1)

1and 940.25 in the person's lifetime, plus the total number of suspensions,
2revocations, and other convictions counted under s. 343.307 (1) equals 4, and sub. (2)
3(am) 4m. does not apply,
except that suspensions, revocations, or convictions arising
4out of the same incident or occurrence shall be counted as one, the fine shall be the
5same as under par. (am) 3., but the period of imprisonment shall be not less than 60
6days, except that if the person successfully completes a period of probation that
7includes alcohol and other drug treatment, the period of imprisonment shall be not
8less than 29 days. A person may be sentenced under this paragraph or under par.
9(bm) or (cm) or sub. (2) (bm), (cm), or (dm) or (3r) once in his or her lifetime.
AB536,16 10Section 16. 346.65 (7) of the statutes is amended to read:
AB536,7,1311 346.65 (7) A person convicted under sub. (2) (am) 2., 3., 4., 4m., 5., 6., or 7. or
12(2j) (am) 2. or 3. shall be required to remain in the county jail for not less than a
1348-consecutive-hour period.
AB536,17 14Section 17. 973.09 (2) (am) of the statutes is repealed.
AB536,18 15Section 18. Initial applicability.
AB536,7,2116 (1) This act first applies to violations committed or refusals occurring on the
17effective date of this subsection, but does not preclude the counting of other
18convictions, suspensions, or revocations as prior convictions, suspensions, or
19revocations for purposes of administrative action by the department of
20transportation, sentencing by a court, or revocation or suspension of motor vehicle
21operating privileges.
AB536,19 22Section 19. Effective dates. This act takes effect on January 1, 2017, except
23as follows:
AB536,8,2
1(1) The treatment of section 346.63 (2) (c) and (6) (d) of the statutes takes effect
2on the day after publication.
AB536,8,33 (End)
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