This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
SB331,35,2011 350.101 (2) (c) Related charges. A person may be charged with and a prosecutor
12may proceed upon a complaint based upon a violation of any combination of par. (a),
13(b), or (bm) for acts arising out of the same incident or occurrence. If the person is
14charged with violating any combination of par. (a), (b), or (bm) in the complaint, the
15crimes shall be joined under s. 971.12. If the person is found guilty of any
16combination of par. (a), (b), or (bm) for acts arising out of the same incident or
17occurrence, there shall be a single conviction for purposes of sentencing and for
18purposes of counting convictions under s. 350.11 (3) (a) 2. and 3. to 5. Paragraphs
19(a), (b), and (bm) each require proof of a fact for conviction which that the others do
20not require.
SB331,92 21Section 92 . 350.106 of the statutes is amended to read:
SB331,35,25 22350.106 Report arrest to department. If a law enforcement officer arrests
23a person for a violation of the intoxicated snowmobiling law or the snowmobiling
24refusal law, the law enforcement officer shall notify the department of the arrest as
25soon as practicable.
SB331,93
1Section 93. 350.1075 of the statutes is created to read:
SB331,36,11 2350.1075 Suspension or revocation of operating privileges. (1) Orders
3to suspend or revoke.
(a) If a court imposes a penalty for a violation of the
4intoxicated snowmobiling law or the snowmobiling refusal law, the court shall order
5the suspension of the person's privilege to operate a recreational vehicle for a period
6of not less than 12 months and not more than 16 months. As part of the order, the
7court may authorize the person to operate a snowmobile exclusively on land under
8the management and control of the person's immediate family if the court finds that
9such operation is essential for the purpose of engaging in an occupation or trade.
10Whenever a court suspends an operating privilege under this paragraph, the court
11shall notify the department of that action.
SB331,36,2312 (b) In addition to the order under par. (a), the court shall also order the
13revocation of the person's privilege to operate a motor vehicle on public premises, as
14defined in s. 23.33 (1) (jd), if the person, within 5 years prior to the arrest for the
15current violation of the intoxicated snowmobiling law or the snowmobiling refusal
16law, violated the intoxicated operating law or the recreational vehicle and boating
17refusal law. The period of revocation shall be not less than 6 months and not more
18than 12 months. Whenever a court revokes an operating privilege under this
19paragraph, the court may take possession of the revoked license. If the court takes
20possession of the revoked license, the court shall destroy the license. The court shall
21forward to the department of transportation the record of the conviction and notice
22of revocation. The person is eligible for an occupational license under s. 343.10 at any
23time.
SB331,36,25 24(2) Operating while suspended or revoked. (a) No person may operate a
25recreational vehicle in violation of a suspension order imposed under sub. (1) (a).
SB331,37,3
1(b) No person may operate a snowmobile during the time that the person's
2motor vehicle operating privilege is suspended or revoked for a conviction counted
3under s. 343.307 (1).
SB331,94 4Section 94 . 350.11 (3) (a) 1. of the statutes is amended to read:
SB331,37,75 350.11 (3) (a) 1. Except as provided under subds. 2. and 3. to 5., a person who
6violates s. 350.101 (1) (a), (b), or (bm) or s. 350.104 (5) shall forfeit not less than $400
7nor more than $550.
SB331,95 8Section 95 . 350.11 (3) (a) 2. of the statutes is amended to read:
SB331,37,149 350.11 (3) (a) 2. Except as provided under subd. 3., a A person who violates
10s. 350.101 (1) (a), (b), or (bm) or 350.104 (5) and who, within 5 years prior to the arrest
11for the current violation, was convicted one time previously under the intoxicated
12snowmobiling operating law or the recreational vehicle and boating refusal law shall
13be fined not less than $300 nor more than $1,000 $1,100 and shall be imprisoned not
14less than 5 days nor more than 6 months one year in the county jail.
SB331,96 15Section 96 . 350.11 (3) (a) 3. of the statutes is amended to read:
SB331,37,2116 350.11 (3) (a) 3. A person who violates s. 350.101 (1) (a), (b), or (bm) or 350.104
17(5)
and who, within 5 years prior to the arrest for the current violation, was convicted
182 or more times previously under the intoxicated snowmobiling operating law or , the
19recreational vehicle and boating
refusal law, or any combination of these laws, shall
20be fined not less than $600 nor more than $2,000 and shall be imprisoned not less
21than 30 days nor more than one year in the county jail.
SB331,97 22Section 97. 350.11 (3) (a) 4. of the statutes is renumbered 350.11 (3) (a) 6.
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...