SB384: Bill Text

LRB-4085/1

EVM:kjf&amn

2019 - 2020 LEGISLATURE

2019 Senate BILL 384

August 29, 2019 - Introduced by Senators Wanggaard, Darling, Jacque, L. Taylor and Smith, cosponsored by Representatives Ott, Bowen, Murphy and Subeck. Referred to Committee on Judiciary and Public Safety.

SB384,1,12 An Act to repeal 343.301 (1m), 343.31 (3m) and 347.50 (1t); to renumber 343.13 (3); to renumber and amend 343.301 (2m) (a) and 347.413; to consolidate, renumber and amend 343.301 (1g) (am) (intro.) and 1.; to amend 303.08 (10r), 343.10 (1) (b), 343.10 (2) (a) 1., 343.10 (2) (f), 343.10 (5) (a) 1., 343.10 (5) (a) 3., 343.10 (5) (b), 343.10 (7) (cm), 343.10 (7) (e), 343.30 (1q) (b) 2., 343.30 (1q) (b) 3., 343.30 (1q) (b) 4., 343.301 (1g) (am) 2., 343.301 (3) (a), 343.305 (10) (b) 2., 343.305 (10) (b) 3., 343.305 (10) (b) 4., 343.305 (10) (em), 343.31 (3) (bm) 2., 343.31 (3) (bm) 3., 343.31 (3) (bm) 4., 343.43 (1) (d), 347.50 (1) and 347.50 (1s); and to create 343.10 (1) (am), 343.13 (3) (b), 343.301 (2m) (a) 2., 343.301 (2t), 343.301 (6) and 343.302 (4) of the statutes; relating to: operating privilege of persons who have committed certain offenses related to drunken driving, occupational licenses, ignition interlock devices, and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill provides for a restricted occupational operating license limiting the holder to operating only vehicles that are equipped with an ignition interlock device (IID) and makes various related changes to statutes governing operating privilege revocations for certain offenses related to operating a vehicle while intoxicated (OWI offense).

Under current law, if a person commits a first OWI offense in which his or her blood alcohol concentration was 0.15 or greater or a second or subsequent OWI offense or improperly refuses to take a test for intoxication, a court must order one of the following: 1) that the person's operating privilege be restricted to operating vehicles that are equipped with an IID and that each of the person's motor vehicles be equipped with an IID; or 2) that the person participate in a 24-7 sobriety program.

Under this bill, in the situation described above, with limited exceptions, a court must order that the person's operating privilege be restricted to operating motor vehicles that are equipped with an IID, but need not order that a person's motor vehicles be equipped with an IID.

Under current law, a court must revoke the driving privileges of persons convicted of certain OWI offenses for periods ranging from not less than six months for a first OWI offense to not less than two years for a third or subsequent OWI offense. Persons whose operating privilege is suspended under these provisions are eligible for occupational licenses with a waiting period of 15 to 45 days. Under current law, with certain exceptions and limitations, a person may apply for an occupational license if the person's operating privilege is revoked or suspended and the person is engaged in an occupation making it essential that he or she operate a motor vehicle.

Under this bill, a person is eligible for a restricted occupational license after 15 days have elapsed from the day of suspension or revocation.

Current law prohibits a person from circumventing the operation of an IID installed under a court order, failing to have an IID installed as ordered by a court, and violating certain court orders restricting a person's operating privilege. Violation of any of these prohibitions is punishable by a forfeiture of not less than $10 nor more than $200 and extension of the period of IID restriction.

This bill increases the penalty for these violations to, for a first offense, a fine of not less than $150 nor more than $600 and imprisonment for not more than six months or both and, for a second or subsequent offense, a fine of not less than $300 nor more than $1,000 or imprisonment for not more than six months or both. This bill also provides that a person who violates the IID restriction of an IID restricted license is subject to the penalties, as modified in this bill.

Also under this bill, if an IID service provider removes or disconnects an IID from a motor vehicle, the service provider must inform DOT of the removal or disconnection no later than three days after the removal or disconnection.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.

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:

SB384,1 Section 1 . 303.08 (10r) of the statutes is amended to read:

SB384,3,9 303.08 (10r) The sheriff may not permit a prisoner whose operating privilege for the operation of “Class D" vehicles is restricted to operating vehicles that are equipped with an ignition interlock device who is subject to an ignition interlock device installation order under s. 343.301 (1g) to leave the jail under sub. (1) unless, within 2 weeks after the court issues an order under s. 343.301 (1g) (am) 1. or the person's operating privilege is restricted under s. 343.301 (1g) (am) 2., the person submits proof to the sheriff that an ignition interlock device has been installed in each motor vehicle to which the order applies.

SB384,2 Section 2 . 343.10 (1) (am) of the statutes is created to read:

SB384,3,16 343.10 (1) (am) Notwithstanding par. (a), if a person's license or operating privilege is revoked or suspended under s. 343.30 (1q) (b), 343.305 (7) (a) or (10), or 343.31 (2), the person, after payment of the fee provided in sub. (6), may file an application with the department for an occupational license restricting the applicant's operation under the license to vehicles that are equipped with a functioning ignition interlock device.

SB384,3 Section 3 . 343.10 (1) (b) of the statutes is amended to read:

SB384,4,9 343.10 (1) (b) The application shall be in a form established by the department and shall identify the specific motor vehicle that the applicant seeks authorization to operate, including the vehicle classification and any required endorsements. The For an application under par. (a), the application shall include an explanation of why operating the motor vehicle is essential to the person's livelihood and identify the person's occupation or trade. The For an application under par. (a), the application shall identify the applicant's employer, and include proof of financial responsibility as specified in s. 343.38 (1) (c) covering the vehicle or vehicles that the applicant requests authorization to operate. The For an application under par. (a), the application shall identify the hours of operation and routes of travel being requested by the applicant in accord with the restrictions of sub. (5). For an application under par. (am), the application shall provide proof that the applicant has access to a motor vehicle equipped with an ignition interlock device.

SB384,4 Section 4 . 343.10 (2) (a) 1. of the statutes is amended to read:

SB384,4,17 343.10 (2) (a) 1. Except for a revocation or suspension that arose out of the same incident or occurrence for which the person's license or operating privilege is currently revoked or suspended, the person's license or operating privilege was not revoked or suspended previously under this chapter or ch. 344 or s. 943.21 (3m) or 961.50 within the one-year period immediately preceding the present revocation or suspension, except as provided in s. 344.40. This subdivision does not apply to an application under sub. (1) (am).

SB384,5 Section 5 . 343.10 (2) (f) of the statutes is amended to read:

SB384,5,4 343.10 (2) (f) If the court orders under s. 343.301 (1g) that the person's operating privilege for the operation of “Class D" vehicles be restricted to operating vehicles that are equipped with an ignition interlock device, no occupational license may be granted until the person pays the surcharge under s. 343.301 (5) and. If the court orders the installation of an ignition interlock device under s. 343.301 (1g), no occupational license may be granted until the person submits proof that an ignition interlock device has been installed in each motor vehicle to which the order under s. 343.301 applies. A person who is subject to an order under s. 343.301 (1g) (am) 2. need not submit proof that an ignition interlock device has been installed if he or she is participating in a program designated in the order, unless he or she is also subject to an order under s. 343.301 (1g) (am) 1.

SB384,6 Section 6 . 343.10 (5) (a) 1. of the statutes is amended to read:

SB384,5,17 343.10 (5) (a) 1. In addition to any restrictions appearing on the former operator's license of the applicant, the occupational license shall contain definite restrictions as to hours of the day, not to exceed 12, hours per week, not to exceed 60, type of occupation and areas or routes of travel which are permitted under the license. The occupational license may permit travel to and from church during specified hours if the travel does not exceed the restrictions as to hours of the day and hours per week in this subdivision. The occupational license may permit travel necessary to comply with a driver safety plan ordered under s. 343.30 (1q) or 343.305 if the travel does not exceed the restrictions as to hours of the day and hours per week in this subdivision. The occupational license may contain restrictions on the use of alcohol and of controlled substances and controlled substance analogs in violation of s. 961.41. This subdivision does not apply to an application under sub. (1) (am).

SB384,7 Section 7 . 343.10 (5) (a) 3. of the statutes is amended to read:

SB384,6,15 343.10 (5) (a) 3. The occupational license of the applicant shall restrict the applicant's operation under the occupational license to vehicles that are equipped with a functioning ignition interlock device if the application is under sub. (1) (am), the court has ordered under s. 343.301 (1g) that the person's operating privilege for Class D vehicles be restricted to operating vehicles that are equipped with an ignition interlock device, or the court has ordered under s. 346.65 (6) (a) 1., 1999 stats., that the motor vehicle owned by the person and used in the violation or improper refusal be equipped with an ignition interlock device. A person to whom a restriction under this subdivision applies violates that restriction if he or she removes or disconnects an ignition interlock device, requests or permits another to blow into an ignition interlock device or to start a motor vehicle equipped with an ignition interlock device for the purpose of providing the person an operable motor vehicle without the necessity of first submitting a sample of his or her breath to analysis by the ignition interlock device, or otherwise tampers with or circumvents the operation of the ignition interlock device. Except as provided in s. 343.301 (3) (b), if the court orders the installation of an ignition interlock device under s. 343.301 (1g) and the occupational license restricts the applicant's operation to a vehicle that is equipped with an ignition interlock device, the applicant shall be liable for the reasonable costs of equipping the vehicle with the ignition interlock device. This subdivision does not apply to an applicant who is subject to an order under s. 343.301 (1g) (am) 2. while the applicant is participating in a program designated in the order, unless he or she is also subject to an order under s. 343.301 (1g) (am) 1.

SB384,8 Section 8 . 343.10 (5) (b) of the statutes is amended to read:

SB384,6,19 343.10 (5) (b) Limitations. Occupational licenses are subject to the limitations specified in ss. 343.30 (1q) (b) and (h), 343.305 (8) (d) and (10) (b) and (em), 343.31 (3m), 343.32 (1m), 767.73, and 961.50.

SB384,9 Section 9 . 343.10 (7) (cm) of the statutes is amended to read:

SB384,7,2 343.10 (7) (cm) If the occupational license includes the restriction specified in sub. (5) (a) 3. court orders the installation of an ignition interlock device under s. 343.301 (1g), the department shall not issue the occupational license until the applicant provides evidence satisfactory to the department that any motor vehicle that the applicant will be permitted to operate subject to the order has been equipped with a functioning ignition interlock device.

SB384,10 Section 10 . 343.10 (7) (e) of the statutes is amended to read:

SB384,7,14 343.10 (7) (e) The occupational license issued by the department shall contain the restrictions required by sub. (5). The occupational license authorizes the licensee to operate a motor vehicle only when that operation is an essential part of the licensee's occupation or trade. If the department determines that the applicant is eligible under sub. (2), the department may impose such conditions and limitations upon the authorization to operate motor vehicles as in the secretary's judgment are necessary in the interest of public safety and welfare, including reexamination of the person's qualifications to operate a motor vehicle or a particular type thereof. The department may limit such authorization to include, without limitation, the operation of particular vehicles, particular kinds of operation and particular traffic conditions.

SB384,11 Section 11 . 343.13 (3) of the statutes is renumbered 343.13 (3) (a).

SB384,12 Section 12 . 343.13 (3) (b) of the statutes is created to read:

SB384,7,21 343.13 (3) (b) If a person is convicted of violating s. 343.302 (1), the department shall include on the person's license a restriction of the person's operating privilege to operating vehicles equipped with an ignition interlock device for 6 months. A restriction under this paragraph is consecutive to any existing restriction period under this paragraph or par. (a).

SB384,13 Section 13 . 343.30 (1q) (b) 2. of the statutes is amended to read:

SB384,8,3 343.30 (1q) (b) 2. Except as provided in sub. (1r) or subd. 3., 4. or 4m., for the first conviction, the court shall revoke the person's operating privilege for not less than 6 months nor more than 9 months. The person is eligible for an occupational license under s. 343.10 at any time. There is no minimum waiting period before issuance of an occupational license under s. 343.10 to a person whose operating privilege is revoked under this subdivision.

SB384,14 Section 14 . 343.30 (1q) (b) 3. of the statutes is amended to read:

SB384,8,12 343.30 (1q) (b) 3. Except as provided in sub. (1r) or subd. 4m., if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other convictions, suspensions, and revocations counted under s. 343.307 (1) within a 10-year period, equals 2, the court shall revoke the person's operating privilege for not less than one year nor more than 18 months. After the first 45 days of the revocation period has elapsed, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan ordered under par. (c).

SB384,15 Section 15 . 343.30 (1q) (b) 4. of the statutes is amended to read:

SB384,8,21 343.30 (1q) (b) 4. Except as provided in sub. (1r) or subd. 4m., if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other convictions, suspensions, and revocations counted under s. 343.307 (1), equals 3 or more, the court shall revoke the person's operating privilege for not less than 2 years nor more than 3 years. After the first 45 days of the revocation period has elapsed, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan ordered under par. (c).

SB384,16 Section 16 . 343.301 (1g) (am) (intro.) and 1. of the statutes are consolidated, renumbered 343.301 (1g) (am) 1. and amended to read:

SB384,9,6 343.301 (1g) (am) 1. A Except as provided in this subdivision, a court shall order one or more of the following: 1. That that the person's operating privilege for the operation of “Class D" vehicles be restricted to operating vehicles that are equipped with an ignition interlock device and, except as provided in sub. (1m), shall may order that each any motor vehicle for which the person's name appears on the vehicle's certificate of title or registration be equipped with an ignition interlock device. A court that has issued an order under subd. 2. and that is a court for a county designated under s. 165.957 (2) may issue an order under this subdivision.

SB384,17 Section 17 . 343.301 (1g) (am) 2. of the statutes is amended to read:

SB384,9,18 343.301 (1g) (am) 2. That A court may order that the person participate in a program described in s. 165.957 or that meets the definition of a 24-7 sobriety program under 23 USC 405 (d) (7) (A) and regulations adopted thereunder. If the court enters an order under this subdivision, when the person completes or otherwise does not participate in the program, the court shall order that the person's operating privilege for the operation of “Class D" vehicles be restricted to operating vehicles that are equipped with an ignition interlock device, shall specify the duration of the order, shall, except as provided in sub. (1m), may order that each any motor vehicle for which the person's name appears on the vehicle's certificate of title or registration be equipped with an ignition interlock device, and shall notify the department of such order.

SB384,18 Section 18 . 343.301 (1m) of the statutes is repealed.

SB384,19 Section 19. 343.301 (2m) (a) of the statutes is renumbered 343.301 (2m) (a) 1. and amended to read:

SB384,9,25 343.301 (2m) (a) 1. If the court enters an order under sub. (1g) (am) 1. with respect to a person to whom the department has issued an operator's license or who is a resident of the state, the restriction of the person's operating privilege under the order under sub. (1g) (am) 1. shall begin on the date the order under sub. (1g) (am) 1. is issued and extend for a period of not less than one year after the date the department issues any license granted under this chapter nor more than the maximum operating privilege revocation period permitted for the refusal or violation after the date the department issues any license granted under this chapter except that if the maximum operating privilege revocation period is less than one year, the restriction of the person's operating privilege under sub. (1g) (am) 1. shall extend for a period of one year after the department issues any license granted under this chapter.

SB384,10,11 3. If the court enters an ignition interlock device installation order under sub. (1g) (am) 1., the court may specify the date by which an ignition interlock device under sub. (1g) (am) 1. shall be installed.

SB384,20 Section 20. 343.301 (2m) (a) 2. of the statutes is created to read:

SB384,10,22 343.301 (2m) (a) 2. If the court enters an order under sub. (1g) (am) 1. with respect to a person to whom the department has not issued an operator's license and who is not a resident of the state, the restriction of the person's operating privilege under the order under sub. (1g) (am) 1. shall begin on the date the order under sub. (1g) (am) 1. is issued and extend for a period of not less than one year after the earliest of the following, nor more than the maximum operating privilege revocation period permitted for the refusal or violation after the earliest of the following, except that if the maximum operating privilege revocation period is less than one year, the restriction of the person's operating privilege under sub. (1g) (am) 1. shall extend for a period of one year after the earliest of the following:

SB384,11,2 a. The date that the person provides proof to the department that the person's state of residence has reinstated the person's operating privilege from suspension, revocation, cancellation, or disqualification imposed by that state with respect to the result of the report of the conviction to that state.

SB384,11,4 b. The date that the department reinstates the person's operating privilege in this state.

SB384,21 Section 21 . 343.301 (2t) of the statutes is created to read:

SB384,11,12 343.301 (2t) Notwithstanding sub. (2m), the court shall give credit toward the period of operating privilege restriction for each day that a person holds a license restricting the person's operation under the license to vehicles that are equipped with a functioning ignition interlock device following a suspension or revocation for the conduct from which the order under sub. (1g) (am) 1. arises. If more than one period of restriction has been imposed on the person, credit under this subsection may only be given for one period of restriction.

SB384,22 Section 22 . 343.301 (3) (a) of the statutes is amended to read:

SB384,11,17 343.301 (3) (a) Except as provided in par. (b), if the court enters an ignition interlock device installation order under sub. (1g), the person shall be liable for the reasonable cost of equipping and maintaining any ignition interlock device installed on his or her motor vehicle.

SB384,23 Section 23 . 343.301 (6) of the statutes is created to read:

SB384,11,22 343.301 (6) If a service provider of ignition interlock systems on motor vehicles removes or disconnects an ignition interlock device from a motor vehicle, the service provider shall inform the department of the removal or disconnection no later than 3 working days after the removal or disconnection of the device.

SB384,24 Section 24 . 343.302 (4) of the statutes is created to read:

SB384,12,3 343.302 (4) Any person violating sub. (1) may be fined not less than $150 nor more than $600, or may be imprisoned for not more than 6 months, or both for the first offense. For a 2nd or subsequent conviction within 5 years, the person may be fined not less than $300 nor more than $1,000, or imprisoned for not more than 6 months, or both.

SB384,25 Section 25 . 343.305 (10) (b) 2. of the statutes is amended to read:

SB384,12,8 343.305 (10) (b) 2. Except as provided in subd. 3., 4. or 4m., for the first improper refusal, the court shall revoke the person's operating privilege for one year. After the first 30 days of the revocation period, the person is eligible for an occupational license under s. 343.10.

SB384,26 Section 26 . 343.305 (10) (b) 3. of the statutes is amended to read:

SB384,12,18 343.305 (10) (b) 3. Except as provided in subd. 4m., if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other convictions, suspensions, and revocations counted under s. 343.307 (2) within a 10-year period, equals 2, the court shall revoke the person's operating privilege for 2 years. After the first 90 days of the revocation period or, if the total number of convictions, suspensions, and revocations counted under this subdivision within any 5-year period equals 2 or more, after one year of the revocation period has elapsed, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan.

SB384,27 Section 27 . 343.305 (10) (b) 4. of the statutes is amended to read: