SB384,8,323
343.30
(1q) (b) 2. Except as provided in sub. (1r) or subd. 3., 4. or 4m., for the
24first conviction, the court shall revoke the person's operating privilege for not less
25than 6 months nor more than 9 months.
The person is eligible for an occupational
1license under s. 343.10 at any time. There is no minimum waiting period before
2issuance of an occupational license under s. 343.10 to a person whose operating
3privilege is revoked under this subdivision.
SB384,14
4Section 14
. 343.30 (1q) (b) 3. of the statutes is amended to read:
SB384,8,125
343.30
(1q) (b) 3. Except as provided in sub. (1r) or subd. 4m., if the number
6of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total
7number of other convictions, suspensions, and revocations counted under s. 343.307
8(1) within a 10-year period, equals 2, the court shall revoke the person's operating
9privilege for not less than one year nor more than 18 months.
After the first 45 days
10of the revocation period has elapsed, the person is eligible for an occupational license
11under s. 343.10 if he or she has completed the assessment and is complying with the
12driver safety plan ordered under par. (c).
SB384,15
13Section 15
. 343.30 (1q) (b) 4. of the statutes is amended to read:
SB384,8,2114
343.30
(1q) (b) 4. Except as provided in sub. (1r) or subd. 4m., if the number
15of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total
16number of other convictions, suspensions, and revocations counted under s. 343.307
17(1), equals 3 or more, the court shall revoke the person's operating privilege for not
18less than 2 years nor more than 3 years.
After the first 45 days of the revocation
19period has elapsed, the person is eligible for an occupational license under s. 343.10
20if he or she has completed the assessment and is complying with the driver safety
21plan ordered under par. (c).
SB384,16
22Section 16
. 343.301 (1g) (am) (intro.) and 1. of the statutes are consolidated,
23renumbered 343.301 (1g) (am) 1. and amended to read:
SB384,9,624
343.301
(1g) (am) 1.
A
Except as provided in this subdivision, a court shall
25order
one or more of the following: 1. That
that the person's operating privilege for
1the operation of “Class D" vehicles be restricted to operating vehicles that are
2equipped with an ignition interlock device and
, except as provided in sub. (1m), shall 3may order that
each any motor vehicle for which the person's name appears on the
4vehicle's certificate of title or registration be equipped with an ignition interlock
5device.
A court that has issued an order under subd. 2. and that is a court for a county
6designated under s. 165.957 (2) may issue an order under this subdivision.
SB384,17
7Section 17
. 343.301 (1g) (am) 2. of the statutes is amended to read:
SB384,9,188
343.301
(1g) (am) 2.
That
A court may order that the person participate in a
9program described in s. 165.957 or that meets the definition of a 24-7 sobriety
10program under
23 USC 405 (d) (7) (A) and regulations adopted thereunder. If the
11court enters an order under this subdivision, when the person completes or otherwise
12does not participate in the program, the court shall order that the person's operating
13privilege for the operation of “Class D" vehicles be restricted to operating vehicles
14that are equipped with an ignition interlock device, shall specify the duration of the
15order,
shall, except as provided in sub. (1m),
may order that
each any motor vehicle
16for which the person's name appears on the vehicle's certificate of title or registration
17be equipped with an ignition interlock device, and shall notify the department of such
18order.
SB384,18
19Section 18
. 343.301 (1m) of the statutes is repealed.
SB384,19
20Section
19. 343.301 (2m) (a) of the statutes is renumbered 343.301 (2m) (a)
211. and amended to read:
SB384,9,2522
343.301
(2m) (a) 1. If the court enters an order under sub. (1g) (am) 1.
with
23respect to a person to whom the department has issued an operator's license or who
24is a resident of the state, the restriction of the person's operating privilege under the
25order under sub. (1g) (am) 1. shall begin on the date the order under sub. (1g) (am)
11. is issued and extend for a period of not less than one year after the date the
2department issues any license granted under this chapter nor more than the
3maximum operating privilege revocation period permitted for the refusal or violation
4after the date the department issues any license granted under this chapter except
5that if the maximum operating privilege revocation period is less than one year, the
6restriction of the person's operating privilege under sub. (1g) (am) 1. shall extend for
7a period of one year after the department issues any license granted under this
8chapter.
SB384,10,11
93. If the court enters an
ignition interlock device installation order under sub.
10(1g) (am) 1., the court may specify the date by which an ignition interlock device
11under sub. (1g) (am) 1. shall be installed.
SB384,20
12Section
20. 343.301 (2m) (a) 2. of the statutes is created to read:
SB384,10,2213
343.301
(2m) (a) 2. If the court enters an order under sub. (1g) (am) 1. with
14respect to a person to whom the department has not issued an operator's license and
15who is not a resident of the state, the restriction of the person's operating privilege
16under the order under sub. (1g) (am) 1. shall begin on the date the order under sub.
17(1g) (am) 1. is issued and extend for a period of not less than one year after the earliest
18of the following, nor more than the maximum operating privilege revocation period
19permitted for the refusal or violation after the earliest of the following, except that
20if the maximum operating privilege revocation period is less than one year, the
21restriction of the person's operating privilege under sub. (1g) (am) 1. shall extend for
22a period of one year after the earliest of the following:
SB384,11,223
a. The date that the person provides proof to the department that the person's
24state of residence has reinstated the person's operating privilege from suspension,
1revocation, cancellation, or disqualification imposed by that state with respect to the
2result of the report of the conviction to that state.
SB384,11,43
b. The date that the department reinstates the person's operating privilege in
4this state.
SB384,21
5Section 21
. 343.301 (2t) of the statutes is created to read:
SB384,11,126
343.301
(2t) Notwithstanding sub. (2m), the court shall give credit toward the
7period of operating privilege restriction for each day that a person holds a license
8restricting the person's operation under the license to vehicles that are equipped
9with a functioning ignition interlock device following a suspension or revocation for
10the conduct from which the order under sub. (1g) (am) 1. arises. If more than one
11period of restriction has been imposed on the person, credit under this subsection
12may only be given for one period of restriction.
SB384,22
13Section 22
. 343.301 (3) (a) of the statutes is amended to read:
SB384,11,1714
343.301
(3) (a) Except as provided in par. (b), if the court enters an
ignition
15interlock device installation order under sub. (1g), the person shall be liable for the
16reasonable cost of equipping and maintaining any ignition interlock device installed
17on his or her motor vehicle.
SB384,23
18Section 23
. 343.301 (6) of the statutes is created to read:
SB384,11,2219
343.301
(6) If a service provider of ignition interlock systems on motor vehicles
20removes or disconnects an ignition interlock device from a motor vehicle, the service
21provider shall inform the department of the removal or disconnection no later than
223 working days after the removal or disconnection of the device.
SB384,24
23Section 24
. 343.302 (4) of the statutes is created to read:
SB384,12,324
343.302
(4) Any person violating sub. (1) may be fined not less than $150 nor
25more than $600, or may be imprisoned for not more than 6 months, or both for the
1first offense. For a 2nd or subsequent conviction within 5 years, the person may be
2fined not less than $300 nor more than $1,000, or imprisoned for not more than 6
3months, or both.
SB384,25
4Section 25
. 343.305 (10) (b) 2. of the statutes is amended to read:
SB384,12,85
343.305
(10) (b) 2. Except as provided in subd. 3., 4. or 4m., for the first
6improper refusal, the court shall revoke the person's operating privilege for one year.
7After the first 30 days of the revocation period, the person is eligible for an
8occupational license under s. 343.10.
SB384,26
9Section 26
. 343.305 (10) (b) 3. of the statutes is amended to read:
SB384,12,1810
343.305
(10) (b) 3. Except as provided in subd. 4m., if the number of convictions
11under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other
12convictions, suspensions, and revocations counted under s. 343.307 (2) within a
1310-year period, equals 2, the court shall revoke the person's operating privilege for
142 years.
After the first 90 days of the revocation period or, if the total number of
15convictions, suspensions, and revocations counted under this subdivision within any
165-year period equals 2 or more, after one year of the revocation period has elapsed,
17the person is eligible for an occupational license under s. 343.10 if he or she has
18completed the assessment and is complying with the driver safety plan.
SB384,27
19Section 27
. 343.305 (10) (b) 4. of the statutes is amended to read:
SB384,13,320
343.305
(10) (b) 4. Except as provided in subd. 4m., if the number of convictions
21under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other
22convictions, suspensions, and revocations counted under s. 343.307 (2), equals 3 or
23more, the court shall revoke the person's operating privilege for 3 years.
After the
24first 120 days of the revocation period or, if the total number of convictions,
25suspensions, and revocations counted under this subdivision within any 5-year
1period equals 2 or more, after one year of the revocation period has elapsed, the
2person is eligible for an occupational license under s. 343.10 if he or she has
3completed the assessment and is complying with the driver safety plan.
SB384,28
4Section 28
. 343.305 (10) (em) of the statutes is amended to read:
SB384,13,155
343.305
(10) (em) One penalty for improperly refusing to submit to a test for
6intoxication regarding a person arrested for a violation of s. 346.63 (2m) or (7) or a
7local ordinance in conformity therewith is revocation of the person's operating
8privilege for 6 months. If there was a minor passenger under 16 years of age in the
9motor vehicle at the time of the incident that gave rise to the improper refusal, the
10revocation period is 12 months.
After the first 15 days of the revocation period, the
11person is eligible for an occupational license under s. 343.10. Any such improper
12refusal or revocation for the refusal does not count as a prior refusal or a prior
13revocation under this section or ss. 343.30 (1q), 343.307 and 346.65 (2). The person
14shall not be required to submit to and comply with any assessment or driver safety
15plan under pars. (c) and (d).
SB384,29
16Section 29
. 343.31 (3) (bm) 2. of the statutes is amended to read:
SB384,13,2417
343.31
(3) (bm) 2. Except as provided in subd. 3., 4. or 4m., for the first
18conviction, the department shall revoke the person's operating privilege for not less
19than 6 months nor more than 9 months. If an Indian tribal court in this state revokes
20the person's privilege to operate a motor vehicle on tribal lands for not less than 6
21months nor more than 9 months for the conviction specified in par. (bm) (intro.), the
22department shall impose the same period of revocation.
The A person
who is eligible
23for an occupational license under s. 343.10
(1) (a) is eligible for the occupational
24license at any time.
SB384,30
25Section 30
. 343.31 (3) (bm) 3. of the statutes is amended to read:
SB384,14,12
1343.31
(3) (bm) 3. Except as provided in subd. 4m., if the number of convictions
2under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of
3suspensions, revocations, and other convictions counted under s. 343.307 (1) within
4a 10-year period, equals 2, the department shall revoke the person's operating
5privilege for not less than one year nor more than 18 months. If an Indian tribal court
6in this state revokes the person's privilege to operate a motor vehicle on tribal lands
7for not less than one year nor more than 18 months for the conviction specified in par.
8(bm) (intro.), the department shall impose the same period of revocation.
After the
9first 60 days of the revocation period or, if the total number of convictions,
10suspensions, and revocations counted under this subdivision within any 5-year
11period equals 2 or more, after one year of the revocation period has elapsed, the
12person is eligible for an occupational license under s. 343.10.
SB384,31
13Section 31
. 343.31 (3) (bm) 4. of the statutes is amended to read:
SB384,14,2214
343.31
(3) (bm) 4. Except as provided in subd. 4m., if the number of convictions
15under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other
16suspensions, revocations and convictions counted under s. 343.307 (1), equals 3 or
17more, the department shall revoke the person's operating privilege for not less than
182 years nor more than 3 years. If an Indian tribal court in this state revokes the
19person's privilege to operate a motor vehicle on tribal lands for not less than 2 years
20nor more than 3 years for the conviction specified in par. (bm) (intro.), the department
21shall impose the same period of revocation.
After one year of the revocation period
22has elapsed, the person is eligible for an occupational license under s. 343.10.
SB384,32
23Section 32
. 343.31 (3m) of the statutes is repealed.
SB384,33
24Section 33
. 343.43 (1) (d) of the statutes is amended to read:
SB384,15,2
1343.43
(1) (d) Violate any of the restrictions placed on that person's license
or
2operating privilege by or pursuant to law; or
SB384,34
3Section 34
. 347.413 of the statutes is renumbered 343.302, and 343.302 (1),
4as renumbered, is amended to read:
SB384,15,145
343.302
(1) No person may remove, disconnect, tamper with, or otherwise
6circumvent the operation of an ignition interlock device installed in response to the
7court order under s. 346.65 (6), 1999 stats., or s. 343.301 (1), 2007 stats., or s. 343.301
8(1g), or fail to have the ignition interlock device installed as ordered by the court,
or 9violate a court order under s. 343.301 (1g) restricting the person's operating
10privilege
, or violate an ignition interlock device restriction under s. 343.10 (5) (a) 3.
11This subsection does not apply to the removal of an ignition interlock device upon the
12expiration of the order requiring the motor vehicle to be so equipped or to necessary
13repairs to a malfunctioning ignition interlock device by a person authorized by the
14department.
SB384,35
15Section 35
. 347.50 (1) of the statutes is amended to read:
SB384,15,1916
347.50
(1) Any person violating ss. 347.35 to 347.49, except s. 347.385 (5),
s.
17347.413 (1) or s. 347.415 (1m), (2)
, and (3) to (5)
or s., 347.417 (1)
or s., 347.475
or s., 18347.48 (2m) or (4)
, or s. 347.489, may be required to forfeit not less than $10 nor more
19than $200.
SB384,36
20Section 36
. 347.50 (1s) of the statutes is amended to read:
SB384,15,2521
347.50
(1s) Any person violating s.
347.413 (1) or 347.417 (1) may be fined not
22less than $150 nor more than $600, or may be imprisoned for not more than 6 months,
23or both for the first offense. For a 2nd or subsequent conviction within 5 years, the
24person may be fined not less than $300 nor more than $1,000, or imprisoned for not
25more than 6 months, or both.
SB384,37
1Section
37. 347.50 (1t) of the statutes is repealed.