AB280: Bill Text

Because this bill proposes to revoke a person's operating privilege upon conviction for an offense, the Department of Transportation, as required by law, will prepare a report to be printed as an appendix to this bill.

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:

AB280,1 Section 1 . 23.33 (1) (ib) of the statutes is created to read:

AB280,5,6 23.33 (1) (ib) “Intoxicated operating law" means the intoxicated operation of an all-terrain or utility terrain vehicle law, the intoxicated operation of an off-highway motorcycle law, as defined in s. 23.335 (1) (L), the intoxicated boating law, as defined in s. 30.50 (4m), or the intoxicated snowmobiling law, as defined in s. 350.01 (9c).

AB280,2 Section 2 . 23.33 (1) (ih) of the statutes is created to read:

AB280,5,8 23.33 (1) (ih) “Legal drinking age" means 21 years of age.

AB280,3 Section 3 . 23.33 (1) (jh) of the statutes is created to read:

AB280,5,13 23.33 (1) (jh) “Recreational vehicle" means an all-terrain vehicle, a utility terrain vehicle, an off-highway motorcycle, as defined in s. 23.335 (1) (q), a recreational motorboat, as defined in s. 30.50 (9m), or a snowmobile, as defined in s. 340.01 (58a).

AB280,4 Section 4 . 23.33 (1) (jk) of the statutes is created to read:

AB280,5,18 23.33 (1) (jk) “Recreational vehicle and boating refusal law" means the all-terrain or utility terrain vehicle refusal law, the off-highway motorcycle refusal law, as defined in s. 23.335 (1) (tm), the boating refusal law, as defined in s. 30.50 (2c), or the snowmobiling refusal law, as defined in s. 350.01 (17m).

AB280,5 Section 5 . 23.33 (1) (jm) of the statutes is renumbered 23.33 (1) (at) and amended to read:

AB280,6,2 23.33 (1) (at) “Refusal “All-terrain or utility terrain vehicle refusal law" means sub. (4p) (e) or a local ordinance in conformity therewith.

AB280,6 Section 6 . 23.33 (4c) (a) 3. of the statutes is amended to read:

AB280,6,8 23.33 (4c) (a) 3. `Operating with alcohol concentrations at specified levels; below legal drinking age 21.' If a A person who has not attained the legal drinking age of 21, the person may not engage in the operation of an all-terrain vehicle or utility terrain vehicle while he or she has an alcohol concentration of more than 0.0 but not more less than 0.08.

AB280,7 Section 7 . 23.33 (4c) (a) 4. of the statutes is amended to read:

AB280,6,18 23.33 (4c) (a) 4. `Related charges.' 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. (13) (b) 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.

AB280,8 Section 8 . 23.33 (4c) (b) 3. of the statutes is amended to read:

AB280,7,4 23.33 (4c) (b) 3. `Related charges.' 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. (13) (b) 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.

AB280,9 Section 9 . 23.33 (4t) of the statutes is amended to read:

AB280,7,9 23.33 (4t) Report arrest to department. If a law enforcement officer arrests a person for a violation of the intoxicated operation of an all-terrain vehicle or utility terrain vehicle law or the all-terrain or utility terrain vehicle refusal law, the law enforcement officer shall notify the department of the arrest as soon as practicable.

AB280,10 Section 10 . 23.33 (4y) of the statutes is created to read:

AB280,7,20 23.33 (4y) Suspension or revocation of operating privileges. (a) Orders to suspend or revoke. 1. If a court imposes a penalty for a violation of the intoxicated operation of an all-terrain or utility terrain vehicle law or the all-terrain or utility terrain vehicle 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 a recreational vehicle exclusively on private land and not on highways 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 subdivision, the court shall notify the department of that action.

AB280,8,7 2. In addition to the order under subd. 1., the court shall also order the revocation of the person's privilege to operate a motor vehicle if the person, within 5 years prior to the arrest for the current violation of the intoxicated operation of an all-terrain or utility terrain vehicle law or the all-terrain or utility terrain vehicle refusal law, was convicted of a violation of 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 subdivision, 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.

AB280,8,9 (b) Operating while suspended or revoked. 1. No person may operate a recreational vehicle in violation of a suspension order imposed under par. (a) 1.

AB280,8,15 2. No person may operate an all-terrain vehicle or utility terrain vehicle during the time that the person's motor vehicle operating privilege is suspended or revoked for a conviction counted under s. 343.307 (1) unless a court order authorizes the person to operate an all-terrain vehicle or utility terrain vehicle exclusively on private land and not on highways because the court finds that such operation is essential for the purpose of engaging in an occupation or trade.

AB280,11 Section 11 . 23.33 (13) (b) 1. of the statutes is amended to read:

AB280,8,20 23.33 (13) (b) 1. Except as provided under subds. 2. and 3. to 5., a person who violates sub. (4c) (a) 1., 2., or 2m. or, (4p) (e), or a local ordinance in conformity with sub. (4c) (a) 1., 2., or 2m. shall forfeit not less than $150 $400 nor more than $300 $550.

AB280,12 Section 12 . 23.33 (13) (b) 2. of the statutes is amended to read:

AB280,9,3 23.33 (13) (b) 2. Except as provided under subd. 3., a A person who violates sub. (4c) (a) 1., 2., or 2m. or (4p) (e) and who, within 5 years prior to the arrest for the current violation, was convicted one time previously under the intoxicated operation of an all-terrain vehicle or utility terrain vehicle 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.

AB280,13 Section 13 . 23.33 (13) (b) 3. of the statutes is amended to read:

AB280,9,11 23.33 (13) (b) 3. A person who violates sub. (4c) (a) 1., 2., or 2m. or (4p) (e) 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 all-terrain vehicle or utility terrain vehicle 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 not less than 30 days nor more than one year in the county jail.

AB280,14 Section 14 . 23.33 (13) (b) 4. of the statutes is renumbered 23.33 (13) (b) 6. and amended to read:

AB280,9,15 23.33 (13) (b) 6. A person who violates sub. (4c) (a) 3. or (4p) (e) and who has not attained the age of 21 shall forfeit not more than $50.

AB280,15 Section 15 . 23.33 (13) (b) 4b. of the statutes is created to read:

AB280,9,22 23.33 (13) (b) 4b. A person who violates sub. (4c) (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.

AB280,16 Section 16 . 23.33 (13) (b) 5. of the statutes is created to read:

AB280,9,25 23.33 (13) (b) 5. A person who violates sub. (4c) (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.

AB280,17 Section 17 . 23.33 (13) (bg) of the statutes is amended to read:

AB280,10,11 23.33 (13) (bg) Penalties related to intoxicated operation of an all-terrain vehicle or utility terrain vehicle; underage passengers. If there is a passenger under 16 years of age on the all-terrain vehicle or utility terrain vehicle at the time of a violation that gives rise to a conviction under sub. (4c) (a) 1. or, 2., or 2m. or (4p) (e), the applicable minimum and maximum forfeitures, fines, and terms of imprisonment under pars. par. (b) 1., 2., and 3. to 5. for the conviction are doubled.

AB280,18 Section 18 . 23.33 (13) (bm) of the statutes is created to read:

AB280,10,23 23.33 (13) (bm) 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 all-terrain or utility terrain vehicle law or of the all-terrain or utility terrain vehicle 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. (b) 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.

AB280,11,8 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 all-terrain or utility terrain vehicle law or of the all-terrain or utility terrain vehicle 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. (b) 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.

AB280,11,18 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 all-terrain or utility terrain vehicle law or of the all-terrain or utility terrain vehicle 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. (b) 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.

AB280,11,20 4. A person may be sentenced under this paragraph or under s. 23.335 (23) (dm), 30.80 (6) (ar), or 350.11 (3) (ar) once in his or her lifetime.

AB280,19 Section 19 . 23.33 (13) (br) of the statutes is repealed.

AB280,20 Section 20 . 23.33 (13) (ce) of the statutes is created to read:

AB280,12,3 23.33 (13) (ce) Penalties related to suspension and revocation. 1. A person who operates a recreational vehicle in violation of sub. (4y) (b) 1. 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.

AB280,12,9 2. A person who operates an all-terrain vehicle or utility terrain vehicle in violation of sub. (4y) (b) 2. 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.

AB280,21 Section 21 . 23.33 (13) (cm) of the statutes is amended to read:

AB280,12,14 23.33 (13) (cm) Sentence of detention. The legislature intends that courts use the sentencing option under s. 973.03 (4) whenever appropriate for persons subject to par. (b) 2. or, 3., 4b., or 5., or (c). The use of this option can result in significant cost savings for the state and local governments.

AB280,22 Section 22 . 23.33 (13) (d) of the statutes is renumbered 23.33 (13) (d) 1. and amended to read:

AB280,12,19 23.33 (13) (d) 1. In determining the number of previous convictions under par. (b) 2. and 3. to 5., convictions arising out of the same incident or occurrence shall be counted as one previous conviction.

AB280,23 Section 23 . 23.33 (13) (d) 2. of the statutes is created to read:

AB280,13,6 23.33 (13) (d) 2. In determining the number of previous convictions under par. (b) 2. to 5., previous convictions under the intoxicated operation of an all-terrain or utility terrain vehicle law or under the all-terrain or utility terrain vehicle 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 off-highway motorcycle law, as defined in s. 23.335 (1) (L), the off-highway motorcycle refusal law, as defined in s. 23.335 (1) (tm), 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.

AB280,24 Section 24 . 23.33 (13) (dm) of the statutes is amended to read:

AB280,13,14 23.33 (13) (dm) Reporting convictions to the department. Whenever a person is convicted of a violation of the intoxicated operation of an all-terrain vehicle or utility terrain vehicle law or the all-terrain or utility terrain vehicle 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.

AB280,25 Section 25 . 23.33 (13) (eg) of the statutes is created to read:

AB280,13,23 23.33 (13) (eg) 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 all-terrain or utility terrain vehicle law or the all-terrain or utility terrain vehicle refusal law shall be ordered by the court to obtain a certificate of satisfactory completion of a safety program established under sub. (5) (d). 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.

AB280,26 Section 26 . 23.335 (1) (km) of the statutes is created to read:

AB280,14,5 23.335 (1) (km) “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, the intoxicated boating law, as defined in s. 30.50 (4m), or the intoxicated snowmobiling law, as defined in s. 350.01 (9c).

AB280,27 Section 27 . 23.335 (1) (nm) of the statutes is created to read:

AB280,14,7 23.335 (1) (nm) “Legal drinking age” means 21 years of age.

AB280,28 Section 28 . 23.335 (1) (zer) of the statutes is created to read:

AB280,14,12 23.335 (1) (zer) “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, a recreational motorboat, as defined in s. 30.50 (9m), or a snowmobile, as defined in s. 340.01 (58a).

AB280,29 Section 29 . 23.335 (1) (zet) of the statutes is created to read:

AB280,14,17 23.335 (1) (zet) “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, the boating refusal law, as defined in s. 30.50 (2c), or the snowmobiling refusal law, as defined in s. 350.01 (17m).

AB280,30 Section 30 . 23.335 (1) (zf) of the statutes is renumbered 23.335 (1) (tm) and amended to read:

AB280,14,21 23.335 (1) (tm) “Refusal “ Off-highway motorcycle refusal law" means sub. (12) (h) or a local ordinance in conformity therewith.

AB280,31 Section 31 . 23.335 (12) (a) 3. of the statutes is amended to read:

AB280,14,25 23.335 (12) (a) 3. If a A person who has not attained the legal drinking age of 21, the person may not engage in the operation of an off-highway motorcycle while he or she has an alcohol concentration of more than 0.0 but not more less than 0.08.

AB280,32 Section 32. 23.335 (12) (a) 4. of the statutes is amended to read:

AB280,15,10 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.

AB280,33 Section 33 . 23.335 (12) (b) 3. of the statutes is amended to read:

AB280,15,20 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.

AB280,34 Section 34 . 23.335 (12) (j) of the statutes is amended to read:

AB280,15,25 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.

AB280,35 Section 35. 23.335 (12) (km) of the statutes is created to read:

AB280,16,11 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 a recreational vehicle exclusively on private land and not on highways 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.

AB280,16,23 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 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, was convicted of a violation of 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.

AB280,16,25 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.

AB280,17,6 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) unless a court order authorizes the person to operate an off-highway motorcycle exclusively on private land and not on highways because the court finds that such operation is essential for the purpose of engaging in an occupation or trade.

AB280,36 Section 36 . 23.335 (23) (c) 1. of the statutes is amended to read:

AB280,17,11 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) or a local ordinance in conformity with sub. (12) (a) 1., 2., or 2m. shall forfeit not less than $150 $400 nor more than $300 $550.

AB280,37 Section 37 . 23.335 (23) (c) 2. of the statutes is amended to read:

AB280,17,19 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.

AB280,38 Section 38 . 23.335 (23) (c) 3. of the statutes is amended to read: