AB356: Bill Text

AB356,34 Section 34 . 23.335 (12) (a) 4. of the statutes is amended to read:

AB356,15,16 23.335 (12) (a) 4. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of any combination of subd. 1., 2., or 2m. for acts arising out of the same incident or occurrence. If the person is charged with violating any combination of subd. 1., 2., or 2m., the offenses shall be joined. If the person is found guilty of any combination of subd. 1., 2., or 2m. for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under sub. (23) (c) 2. and 3. to 5. Subdivisions 1., 2., and 2m. each require proof of a fact for conviction which that the others do not require.

AB356,35 Section 35 . 23.335 (12) (b) 3. of the statutes is amended to read:

AB356,16,2 23.335 (12) (b) 3. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of any combination of subd. 1., 2., or 2m. for acts arising out of the same incident or occurrence. If the person is charged with violating any combination of subd. 1., 2., or 2m. in the complaint, the crimes shall be joined under s. 971.12. If the person is found guilty of any combination of subd. 1., 2., or 2m. for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under sub. (23) (c) 2. and 3. to 5. Subdivisions 1., 2., and 2m. each require proof of a fact for conviction which that the others do not require.

AB356,36 Section 36 . 23.335 (12) (j) of the statutes is amended to read:

AB356,16,7 23.335 (12) (j) Report of arrest to department. If a law enforcement officer arrests a person for a violation of the intoxicated operation of an off-highway motorcycle law or the off-highway motorcycle refusal law, the law enforcement officer shall notify the department of the arrest as soon as practicable.

AB356,37 Section 37 . 23.335 (12) (km) of the statutes is created to read:

AB356,16,19 23.335 (12) (km) Suspension or revocation of operating privileges. 1. `Orders to suspend or revoke.' a. If a court imposes a penalty for a violation of the intoxicated operation of an off-highway motorcycle law or the off-highway motorcycle refusal law, the court shall order the suspension of the person's privilege to operate a recreational vehicle for a period of not less than 12 months and not more than 16 months. As part of the order, the court may authorize the person to operate an off-highway motorcycle exclusively on land under the management and control of the person's immediate family if the court finds that such operation is essential for the purpose of engaging in an occupation or trade. Whenever a court suspends an operating privilege under this subd. 1. a., the court shall notify the department of that action.

AB356,17,6 b. In addition to the order under subd. 1. a., the court shall also order the revocation of the person's privilege to operate a motor vehicle on public premises if the person, within 5 years prior to the arrest for the current violation of the intoxicated operation of an off-highway motorcycle law or the off-highway motorcycle refusal law, violated the intoxicated operating law or the recreational vehicle and boating refusal law. The period of revocation shall be not less than 6 months and not more than 12 months. Whenever a court revokes an operating privilege under this subd. 1. b., the court may take possession of the revoked license. If the court takes possession of the revoked license, the court shall destroy the license. The court shall forward to the department of transportation the record of the conviction and notice of revocation. The person is eligible for an occupational license under s. 343.10 at any time.

AB356,17,8 2. `Operating while suspended or revoked.' a. No person may operate a recreational vehicle in violation of a suspension order imposed under subd. 1. a.

AB356,17,11 b. No person may operate an off-highway motorcycle during the time that the person's motor vehicle operating privilege is suspended or revoked for a conviction counted under s. 343.307 (1).

AB356,38 Section 38 . 23.335 (23) (c) 1. of the statutes is amended to read:

AB356,17,15 23.335 (23) (c) 1. Except as provided under subds. 2., 3., and 4. to 5., a person who violates sub. (12) (a) 1., 2., or 2m. or (h) shall forfeit not less than $150 $400 nor more than $300 $550.

AB356,39 Section 39 . 23.335 (23) (c) 2. of the statutes is amended to read:

AB356,17,23 23.335 (23) (c) 2. Except as provided under subds. 3. and 4., a A person who violates sub. (12) (a) 1., 2., or 2m. or (h) and who, within 5 years prior to the arrest for the current violation, was convicted one time previously under the intoxicated operation of an off-highway motorcycle operating law or the recreational vehicle and boating refusal law shall be fined not less than $300 nor more than $1,100 and shall be imprisoned not less than 5 days nor more than 6 months one year in the county jail.

AB356,40 Section 40 . 23.335 (23) (c) 3. of the statutes is amended to read:

AB356,18,7 23.335 (23) (c) 3. Except as provided in subd. 4., a A person who violates sub. (12) (a) 1., 2., or 2m. or (h) and who, within 5 years prior to the arrest for the current violation, was convicted 2 or more times previously under the intoxicated operation of an off-highway motorcycle operating law , the recreational vehicle and boating refusal law, or any combination of these laws, shall be fined not less than $600 nor more than $2,000 and shall be imprisoned not less than 30 days nor more than one year in the county jail.

AB356,41 Section 41 . 23.335 (23) (c) 4. of the statutes is renumbered 23.335 (23) (c) 6. and amended to read:

AB356,18,12 23.335 (23) (c) 6. A person who violates sub. (12) (a) 3. or who violates sub. (12) (h) and who has not attained the legal drinking age of 21 shall forfeit not more than $50.

AB356,42 Section 42 . 23.335 (23) (c) 4b. of the statutes is created to read:

AB356,18,19 23.335 (23) (c) 4b. A person who violates sub. (12) (a) 1., 2., or 2m. and who, within 5 years prior to the arrest for the current violation, was convicted 3 times previously under the intoxicated operating law, the recreational vehicle and boating refusal law, or any combination of these laws, shall be fined not less than $600 nor more than $2,000 and shall be imprisoned not less than 60 days nor more than one year in the county jail.

AB356,43 Section 43 . 23.335 (23) (c) 5. of the statutes is created to read:

AB356,19,2 23.335 (23) (c) 5. A person who violates sub. (12) (a) 1., 2., or 2m. and who, within 5 years prior to the arrest for the current violation, was convicted 4 or more times previously under the intoxicated operating law, the recreational vehicle and boating refusal law, or any combination of these laws, shall be fined not less than $600 nor more than $2,000 and shall be imprisoned not less than 6 months nor more than one year in the county jail.

AB356,44 Section 44 . 23.335 (23) (cg) of the statutes is created to read:

AB356,19,8 23.335 (23) (cg) Penalties related to intoxicated operation; underage passengers. If there is a passenger under 16 years of age on the off-road motorcycle at the time of a violation that gives rise to a conviction under sub. (12) (a) 1., 2., or 2m. or (h), the applicable minimum and maximum forfeitures, fines, and terms of imprisonment under par. (c) 1. to 5. for the conviction are doubled.

AB356,45 Section 45 . 23.335 (23) (dm) of the statutes is created to read:

AB356,19,20 23.335 (23) (dm) Alcohol and drug treatment alternatives. 1. In any county that opts to offer a reduced minimum period of imprisonment for the successful completion of a probation period that includes alcohol and other drug treatment, if the number of suspensions, revocations, and convictions for a violation of the intoxicated operation of an off-highway motorcycle law or of the off-highway motorcycle refusal law within a 5-year period equals 2, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the fine shall be the same as under par. (c) 2., but the period of imprisonment shall be not less than 5 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 5 nor more than 7 days.

AB356,20,5 2. In any county that opts to offer a reduced minimum period of imprisonment for the successful completion of a probation period that includes alcohol and other drug treatment, if the number of suspensions, revocations, and convictions for a violation of the intoxicated operation of an off-highway motorcycle law or of the off-highway motorcycle refusal law within a 5-year period equals 3, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the fine shall be the same as under par. (c) 3., but the period of imprisonment shall be not less than 30 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 14 days.

AB356,20,15 3. In any county that opts to offer a reduced minimum period of imprisonment for the successful completion of a probation period that includes alcohol and other drug treatment, if the number of suspensions, revocations, and convictions for a violation of the intoxicated operation of an off-highway motorcycle law or of the off-highway motorcycle refusal law within a 5-year period equals 4, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the fine shall be the same as under par. (c) 4b., but the period of imprisonment shall be not less than 60 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 29 days.

AB356,20,17 4. A person may be sentenced under this paragraph or under s. 23.33 (13) (bm), 30.80 (6) (ar), or 350.11 (3) (ar) once in his or her lifetime.

AB356,46 Section 46 . 23.335 (23) (dr) of the statutes is created to read:

AB356,20,25 23.335 (23) (dr) Penalties related to suspension and revocation. 1. A person who operates a recreational vehicle in violation of sub. (12) (km) 2. a. is subject to a forfeiture of not less than $50 nor more than $250. In addition, for each such violation, the court may suspend the person's privilege to operate a recreational vehicle for a period of not more than 6 months. Whenever a court suspends an operating privilege under this subdivision, the court shall notify the department of that action.

AB356,21,6 2. A person who operates an off-highway motorcycle in violation of sub. (12) (km) 2. b. is subject to a forfeiture of not less than $150 nor more than $300. In addition, the court may suspend the person's privilege to operate a recreational vehicle for a period of not more than 6 months. Whenever a court suspends an operating privilege under this subdivision, the court shall notify the department of that action.

AB356,47 Section 47 . 23.335 (23) (fm) of the statutes is created to read:

AB356,21,11 23.335 (23) (fm) Sentence of detention. The legislature intends that courts use the sentencing option under s. 973.03 (4) whenever appropriate for persons subject to par. (c) 2., 3., 4b., or 5. or (d). The use of this option can result in significant cost savings for the state and local governments.

AB356,48 Section 48 . 23.335 (23) (g) of the statutes is renumbered 23.335 (23) (g) 1. and amended to read:

AB356,21,16 23.335 (23) (g) 1. In determining the number of previous convictions under pars. (c) 2. and 3. to 5. and (e), convictions arising out of the same incident or occurrence shall be counted as one previous conviction.

AB356,49 Section 49 . 23.335 (23) (g) 2. of the statutes is created to read:

AB356,22,3 23.335 (23) (g) 2. In determining the number of previous convictions under par. (b) 2. to 5., previous convictions under the intoxicated operation of an off-highway motorcycle law or under the off-highway motorcycle refusal law that occurred before, on, or after the effective date of this subdivision .... [LRB inserts date], and previous convictions under the intoxicated operation of an all-terrain or utility terrain vehicle law, as defined in s. 23.33 (1) (ic), the all-terrain or utility terrain vehicle refusal law, as defined in s. 23.33 (1) (at), the intoxicated boating law, as defined in s. 30.50 (4m), the boating refusal law, as defined in s. 30.50 (2c), the intoxicated snowmobiling law, as defined in s. 350.01 (9c), or the snowmobiling refusal law, as defined in s. 350.01 (17m), that occur after the effective date of this subdivision .... [LRB inserts date], shall count as previous convictions.

AB356,50 Section 50 . 23.335 (23) (h) of the statutes is amended to read:

AB356,22,11 23.335 (23) (h) Reporting convictions to the department. Whenever a person is convicted of a violation of the intoxicated operation of an off-highway motorcycle law or the off-highway motorcycle refusal law, the clerk of the court in which the conviction occurred, or the justice, judge, or magistrate of a court not having a clerk, shall forward to the department the record of such conviction. The record of conviction forwarded to the department shall state whether the offender was involved in an accident at the time of the offense.

AB356,51 Section 51 . 23.335 (23) (im) of the statutes is created to read:

AB356,22,20 23.335 (23) (im) Certificate of completion of safety program. In addition to any other penalty or order, a person who for the first time violates the intoxicated operation of an off-highway motorcycle law or the off-highway motorcycle refusal law shall be ordered by the court to obtain a certificate of satisfactory completion of a safety program established under sub. (14). If the person has a valid certificate at the time that the court imposes a sentence for such a violation, the court shall permanently revoke the certificate and order the person to obtain another certificate of satisfactory completion of the safety program.

AB356,52 Section 52 . 30.50 (4n) of the statutes is created to read:

AB356,23,2 30.50 (4n) “Intoxicated operating law" means the intoxicated operation of an all-terrain or utility terrain vehicle law, as defined in s. 23.33 (1) (ic), the intoxicated operation of an off-highway motorcycle law, as defined in s. 23.335 (1) (km), the intoxicated boating law, or the intoxicated snowmobiling law, as defined in s. 350.01 (9c).

AB356,53 Section 53 . 30.50 (4v) of the statutes is created to read:

AB356,23,4 30.50 (4v) “Legal drinking age" means 21 years of age.

AB356,54 Section 54 . 30.50 (9fm) of the statutes is created to read:

AB356,23,11 30.50 (9fm) “Public premises” means all premises held out to the public for use of a motor vehicle, including highways, all premises provided by employers to employees for the use of their motor vehicles, and all premises provided to tenants of rental housing in buildings of 4 or more units for the use of their motor vehicles, whether such premises are publicly or privately owned and whether or not a fee is charged for the use of those premises.

AB356,55 Section 55 . 30.50 (9m) of the statutes is created to read:

AB356,23,14 30.50 (9m) “Recreational motorboat" means a motorboat that is not a commercial motorboat.

AB356,56 Section 56 . 30.50 (9s) of the statutes is created to read:

AB356,23,19 30.50 (9s) “Recreational vehicle" means an all-terrain vehicle, as defined in s. 340.01 (2g), a utility terrain vehicle, as defined in s. 23.33 (1) (ng), an off-highway motorcycle, as defined in s. 23.335 (1) (q), a recreational motorboat, or a snowmobile, as defined in s. 340.01 (58a).

AB356,57 Section 57 . 30.50 (9t) of the statutes is created to read:

AB356,23,24 30.50 (9t) “Recreational vehicle and boating refusal law" means the all-terrain or utility terrain vehicle refusal law, as defined in s. 23.33 (1) (at), the off-highway motorcycle refusal law, as defined in s. 23.335 (1) (tm), the boating refusal law, or the snowmobiling refusal law, as defined in s. 350.01 (17m).

AB356,58 Section 58. 30.50 (9x) of the statutes is renumbered 30.50 (2c) and amended to read:

AB356,24,4 30.50 (2c) “Refusal “ Boating refusal law" means s. 30.684 (5) or a local ordinance in conformity with that subsection.

AB356,59 Section 59 . 30.681 (1) (bn) of the statutes is amended to read:

AB356,24,9 30.681 (1) (bn) Operating with alcohol concentrations at specified levels; below legal drinking age. A person who has not attained the legal drinking age, as defined in s. 125.02 (8m), may not engage in the operation of a motorboat while he or she has a blood an alcohol concentration of more than 0.0 but less than 0.08.

AB356,60 Section 60 . 30.681 (1) (c) of the statutes is amended to read:

AB356,24,19 30.681 (1) (c) Related charges. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of any combination of par. (a) or (b) 1., 1m., or 2. for acts arising out of the same incident or occurrence. If the person is charged with violating any combination of par. (a) or (b) 1., 1m., or 2., the offenses shall be joined. If the person is found guilty of any combination of par. (a) or (b) 1., 1m., or 2. for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 30.80 (6) (a) 2. and 3. to 5. Paragraphs (a) and (b) 1., 1m., and 2. each require proof of a fact for conviction which that the others do not require.

AB356,61 Section 61 . 30.681 (2) (c) of the statutes is amended to read:

AB356,25,5 30.681 (2) (c) Related charges. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of any combination of par. (a) or (b) 1., 1m., or 2. for acts arising out of the same incident or occurrence. If the person is charged with violating any combination of par. (a) or (b) 1., 1m., or 2. in the complaint, the crimes shall be joined under s. 971.12. If the person is found guilty of any combination of par. (a) or (b) 1., 1m., or 2. for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 30.80 (6) (a) 2. and 3. to 5. Paragraphs (a) and (b) 1., 1m., and 2. each require proof of a fact for conviction which that the others do not require.

AB356,62 Section 62 . 30.681 (2) (d) 1. a. of the statutes is amended to read:

AB356,25,13 30.681 (2) (d) 1. a. In an action under this subsection for a violation of the intoxicated boating law where the defendant was operating a recreational motorboat that is not a commercial motorboat, the defendant has a defense if he or she proves by a preponderance of the evidence that the injury would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant or did not have an alcohol concentration of 0.08 or more or a detectable amount of a restricted controlled substance in his or her blood.

AB356,63 Section 63 . 30.686 of the statutes is amended to read:

AB356,25,18 30.686 Report arrest to department. If a law enforcement officer arrests a person for a violation of the intoxicated boating law or the boating refusal law, the law enforcement officer shall notify the department of the arrest as soon as practicable.

AB356,64 Section 64 . 30.688 of the statutes is created to read:

AB356,26,4 30.688 Suspension or revocation of operating privileges. (1) Orders to suspend or revoke. (a) If a court imposes a penalty for a violation of the intoxicated boating law or the boating refusal law and if the violation involved the operation of a recreational motorboat, the court shall order the suspension of the person's privilege to operate a recreational vehicle for a period of not less than 12 months and not more than 16 months. As part of the order, the court may authorize the person to operate a recreational motorboat if the court finds that such operation is essential for the purpose of engaging in an occupation or trade. Whenever a court suspends an operating privilege under this paragraph, the court shall notify the department of that action.

AB356,26,15 (b) In addition to the order under par. (a), the court shall also order the revocation of the person's privilege to operate a motor vehicle on public premises, as defined in s. 23.33 (1) (jd), if the person, within 5 years prior to the arrest for the current violation subject to the order under par. (a), violated the intoxicated operating law or the recreational vehicle and boating refusal law. The period of revocation shall be not less than 6 months and not more than 12 months. Whenever a court revokes an operating privilege under this paragraph, the court may take possession of the revoked license. If the court takes possession of the revoked license, the court shall destroy the license. The court shall forward to the department of transportation the record of the conviction and notice of revocation. The person is eligible for an occupational license under s. 343.10 at any time.

AB356,26,17 (2) Operating while suspended or revoked. (a) No person may operate a recreational vehicle in violation of a suspension order imposed under sub. (1) (a).

AB356,26,20 (b) No person may operate a recreational motorboat during the time that the person's motor vehicle operating privilege is suspended or revoked for a conviction counted under s. 343.307 (1).

AB356,65 Section 65 . 30.74 (1) (bn) of the statutes is amended to read:

AB356,26,25 30.74 (1) (bn) A certificate issued to a person under this subsection is valid for life unless the certificate or the person's privilege to operate a recreational motorboat is suspended or revoked by a court under s. 30.688 (1) (a), 30.80 (2m) or (6) (e), or 938.343 (5).

AB356,66 Section 66. 30.80 (6) (a) 1. of the statutes is amended to read:

AB356,27,5 30.80 (6) (a) 1. Except as provided under subds. 2. to 5., a person who violates s. 30.681 (1) (a) or (b), a local ordinance in conformity with s. 30.681 (1) (a) or (b) or the refusal law 30.684 (5) shall forfeit not less than $150 $400 nor more than $300 $550.

AB356,67 Section 67 . 30.80 (6) (a) 2. of the statutes is amended to read:

AB356,27,13 30.80 (6) (a) 2. A person who violates s. 30.681 (1) (a) or (b), a local ordinance in conformity with s. 30.681 (1) (a) or (b) or the refusal law and who, within 5 years prior to the arrest for the current violation, was convicted one time previously under the intoxicated boating operating law or the recreational vehicle and boating refusal law shall be fined not less than $300 nor more than $1,000 $1,100 and shall be imprisoned for not less than 5 days nor more than 6 months one year in the county jail.

AB356,68 Section 68 . 30.80 (6) (a) 3. of the statutes is amended to read:

AB356,27,21 30.80 (6) (a) 3. A person who violates s. 30.681 (1) (a) or (b), a local ordinance in conformity with s. 30.681 (1) (a) or (b) or the refusal law and who, within 5 years prior to the arrest for the current violation, was convicted 2 times previously under the intoxicated boating operating law or, the recreational vehicle and boating refusal law, or any combination of these laws, shall be fined not less than $600 nor more than $2,000 and shall be imprisoned for not less than 30 days nor more than one year in the county jail.

AB356,69 Section 69 . 30.80 (6) (a) 4. of the statutes is amended to read:

AB356,28,4 30.80 (6) (a) 4. A person who violates s. 30.681 (1) (a) or (b), a local ordinance in conformity with s. 30.681 (1) (a) or (b) or the refusal law and who, within 5 years prior to the arrest for the current violation, was convicted 3 times previously under the intoxicated boating operating law or, the recreational vehicle and boating refusal law, or any combination of these laws, shall be fined not less than $600 nor more than $2,000 and shall be imprisoned for not less than 60 days nor more than one year in the county jail.

AB356,70 Section 70 . 30.80 (6) (a) 5. of the statutes is amended to read:

AB356,28,12 30.80 (6) (a) 5. A person who violates s. 30.681 (1) (a) or (b), a local ordinance in conformity with s. 30.681 (1) (a) or (b) or the refusal law and who, within 5 years prior to the arrest for the current violation, was convicted 4 or more times previously under the intoxicated boating operating law or, the recreational vehicle and boating refusal law, or any combination of these laws, shall be fined not less than $600 nor more than $2,000 and shall be imprisoned for not less than 6 months nor more than one year in the county jail.

AB356,71 Section 71 . 30.80 (6) (a) 6. of the statutes is amended to read:

AB356,28,16 30.80 (6) (a) 6. A person who violates s. 30.681 (1) (bn) or a local ordinance in conformity with s. 30.681 (1) (bn) who violates s. 30.684 (5) and has not attained the legal drinking age shall forfeit $50.

AB356,72 Section 72 . 30.80 (6) (am) of the statutes is created to read:

AB356,28,22 30.80 (6) (am) Penalties related to operating with underage passengers. If there is a passenger under 16 years of age in a motorboat at the time of a violation that gives rise to a conviction under s. 30.681 (1) (a) or (b) 1. or 1m. or 30.684 (5), the applicable minimum and maximum forfeitures, fines, and terms of imprisonment under par. (a) 1. to 5. for the conviction are doubled.

AB356,73 Section 73 . 30.80 (6) (ar) of the statutes is created to read: