This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
AB356,34 7Section 34 . 23.335 (12) (a) 4. of the statutes is amended to read:
AB356,15,168 23.335 (12) (a) 4. A person may be charged with and a prosecutor may proceed
9upon a complaint based upon a violation of any combination of subd. 1., 2., or 2m. for
10acts arising out of the same incident or occurrence. If the person is charged with
11violating any combination of subd. 1., 2., or 2m., the offenses shall be joined. If the
12person is found guilty of any combination of subd. 1., 2., or 2m. for acts arising out
13of the same incident or occurrence, there shall be a single conviction for purposes of
14sentencing and for purposes of counting convictions under sub. (23) (c) 2. and 3. to
155.
Subdivisions 1., 2., and 2m. each require proof of a fact for conviction which that
16the others do not require.
AB356,35 17Section 35 . 23.335 (12) (b) 3. of the statutes is amended to read:
AB356,16,218 23.335 (12) (b) 3. A person may be charged with and a prosecutor may proceed
19upon a complaint based upon a violation of any combination of subd. 1., 2., or 2m. for
20acts arising out of the same incident or occurrence. If the person is charged with
21violating any combination of subd. 1., 2., or 2m. in the complaint, the crimes shall be
22joined under s. 971.12. If the person is found guilty of any combination of subd. 1.,
232., or 2m. for acts arising out of the same incident or occurrence, there shall be a
24single conviction for purposes of sentencing and for purposes of counting convictions

1under sub. (23) (c) 2. and 3. to 5. Subdivisions 1., 2., and 2m. each require proof of
2a fact for conviction which that the others do not require.
AB356,36 3Section 36 . 23.335 (12) (j) of the statutes is amended to read:
AB356,16,74 23.335 (12) (j) Report of arrest to department. If a law enforcement officer
5arrests a person for a violation of the intoxicated operation of an off-highway
6motorcycle law or the off-highway motorcycle refusal law, the law enforcement
7officer shall notify the department of the arrest as soon as practicable.
AB356,37 8Section 37 . 23.335 (12) (km) of the statutes is created to read:
AB356,16,199 23.335 (12) (km) Suspension or revocation of operating privileges. 1. `Orders
10to suspend or revoke.' a. If a court imposes a penalty for a violation of the intoxicated
11operation of an off-highway motorcycle law or the off-highway motorcycle refusal
12law, the court shall order the suspension of the person's privilege to operate a
13recreational vehicle for a period of not less than 12 months and not more than 16
14months. As part of the order, the court may authorize the person to operate an
15off-highway motorcycle exclusively on land under the management and control of
16the person's immediate family if the court finds that such operation is essential for
17the purpose of engaging in an occupation or trade. Whenever a court suspends an
18operating privilege under this subd. 1. a., the court shall notify the department of
19that action.
AB356,17,620 b. In addition to the order under subd. 1. a., the court shall also order the
21revocation of the person's privilege to operate a motor vehicle on public premises if
22the person, within 5 years prior to the arrest for the current violation of the
23intoxicated operation of an off-highway motorcycle law or the off-highway
24motorcycle refusal law, violated the intoxicated operating law or the recreational
25vehicle and boating refusal law. The period of revocation shall be not less than 6

1months and not more than 12 months. Whenever a court revokes an operating
2privilege under this subd. 1. b., the court may take possession of the revoked license.
3If the court takes possession of the revoked license, the court shall destroy the
4license. The court shall forward to the department of transportation the record of the
5conviction and notice of revocation. The person is eligible for an occupational license
6under s. 343.10 at any time.
AB356,17,87 2. `Operating while suspended or revoked.' a. No person may operate a
8recreational vehicle in violation of a suspension order imposed under subd. 1. a.
AB356,17,119 b. No person may operate an off-highway motorcycle during the time that the
10person's motor vehicle operating privilege is suspended or revoked for a conviction
11counted under s. 343.307 (1).
AB356,38 12Section 38 . 23.335 (23) (c) 1. of the statutes is amended to read:
AB356,17,1513 23.335 (23) (c) 1. Except as provided under subds. 2., 3., and 4. to 5., a person
14who violates sub. (12) (a) 1., 2., or 2m. or (h) shall forfeit not less than $150 $400 nor
15more than $300 $550.
AB356,39 16Section 39 . 23.335 (23) (c) 2. of the statutes is amended to read:
AB356,17,2317 23.335 (23) (c) 2. Except as provided under subds. 3. and 4., a A person who
18violates sub. (12) (a) 1., 2., or 2m. or (h) and who, within 5 years prior to the arrest
19for the current violation, was convicted one time previously under the intoxicated
20operation of an off-highway motorcycle
operating law or the recreational vehicle and
21boating refusal law
shall be fined not less than $300 nor more than $1,100 and shall
22be imprisoned not less than 5 days nor more than 6 months one year in the county
23jail
.
AB356,40 24Section 40 . 23.335 (23) (c) 3. of the statutes is amended to read:
AB356,18,7
123.335 (23) (c) 3. Except as provided in subd. 4., a A person who violates sub.
2(12) (a) 1., 2., or 2m. or (h) and who, within 5 years prior to the arrest for the current
3violation, was convicted 2 or more times previously under the intoxicated operation
4of an off-highway motorcycle
operating law , the recreational vehicle and boating
5refusal law, or any combination of these laws,
shall be fined not less than $600 nor
6more than $2,000 and shall be imprisoned not less than 30 days nor more than one
7year in the county jail.
AB356,41 8Section 41 . 23.335 (23) (c) 4. of the statutes is renumbered 23.335 (23) (c) 6.
9and amended to read:
AB356,18,1210 23.335 (23) (c) 6. A person who violates sub. (12) (a) 3. or who violates sub. (12)
11(h) and who has not attained the legal drinking age of 21 shall forfeit not more than
12$50.
AB356,42 13Section 42 . 23.335 (23) (c) 4b. of the statutes is created to read:
AB356,18,1914 23.335 (23) (c) 4b. A person who violates sub. (12) (a) 1., 2., or 2m. and who,
15within 5 years prior to the arrest for the current violation, was convicted 3 times
16previously under the intoxicated operating law, the recreational vehicle and boating
17refusal law, or any combination of these laws, shall be fined not less than $600 nor
18more than $2,000 and shall be imprisoned not less than 60 days nor more than one
19year in the county jail.
AB356,43 20Section 43 . 23.335 (23) (c) 5. of the statutes is created to read:
AB356,19,221 23.335 (23) (c) 5. A person who violates sub. (12) (a) 1., 2., or 2m. and who,
22within 5 years prior to the arrest for the current violation, was convicted 4 or more
23times previously under the intoxicated operating law, the recreational vehicle and
24boating refusal law, or any combination of these laws, shall be fined not less than

1$600 nor more than $2,000 and shall be imprisoned not less than 6 months nor more
2than one year in the county jail.
AB356,44 3Section 44 . 23.335 (23) (cg) of the statutes is created to read:
AB356,19,84 23.335 (23) (cg) Penalties related to intoxicated operation; underage
5passengers.
If there is a passenger under 16 years of age on the off-road motorcycle
6at the time of a violation that gives rise to a conviction under sub. (12) (a) 1., 2., or
72m. or (h), the applicable minimum and maximum forfeitures, fines, and terms of
8imprisonment under par. (c) 1. to 5. for the conviction are doubled.
AB356,45 9Section 45 . 23.335 (23) (dm) of the statutes is created to read:
AB356,19,2010 23.335 (23) (dm) Alcohol and drug treatment alternatives. 1. In any county
11that opts to offer a reduced minimum period of imprisonment for the successful
12completion of a probation period that includes alcohol and other drug treatment, if
13the number of suspensions, revocations, and convictions for a violation of the
14intoxicated operation of an off-highway motorcycle law or of the off-highway
15motorcycle refusal law within a 5-year period equals 2, except that suspensions,
16revocations, or convictions arising out of the same incident or occurrence shall be
17counted as one, the fine shall be the same as under par. (c) 2., but the period of
18imprisonment shall be not less than 5 days, except that if the person successfully
19completes a period of probation that includes alcohol and other drug treatment, the
20period of imprisonment shall be not less than 5 nor more than 7 days.
AB356,20,521 2. In any county that opts to offer a reduced minimum period of imprisonment
22for the successful completion of a probation period that includes alcohol and other
23drug treatment, if the number of suspensions, revocations, and convictions for a
24violation of the intoxicated operation of an off-highway motorcycle law or of the
25off-highway motorcycle refusal law within a 5-year period equals 3, except that

1suspensions, revocations, or convictions arising out of the same incident or
2occurrence shall be counted as one, the fine shall be the same as under par. (c) 3., but
3the period of imprisonment shall be not less than 30 days, except that if the person
4successfully completes a period of probation that includes alcohol and other drug
5treatment, the period of imprisonment shall be not less than 14 days.
AB356,20,156 3. In any county that opts to offer a reduced minimum period of imprisonment
7for the successful completion of a probation period that includes alcohol and other
8drug treatment, if the number of suspensions, revocations, and convictions for a
9violation of the intoxicated operation of an off-highway motorcycle law or of the
10off-highway motorcycle refusal law within a 5-year period equals 4, except that
11suspensions, revocations, or convictions arising out of the same incident or
12occurrence shall be counted as one, the fine shall be the same as under par. (c) 4b.,
13but the period of imprisonment shall be not less than 60 days, except that if the
14person successfully completes a period of probation that includes alcohol and other
15drug treatment, the period of imprisonment shall be not less than 29 days.
AB356,20,1716 4. A person may be sentenced under this paragraph or under s. 23.33 (13) (bm),
1730.80 (6) (ar), or 350.11 (3) (ar) once in his or her lifetime.
AB356,46 18Section 46 . 23.335 (23) (dr) of the statutes is created to read:
AB356,20,2519 23.335 (23) (dr) Penalties related to suspension and revocation. 1. A person
20who operates a recreational vehicle in violation of sub. (12) (km) 2. a. is subject to a
21forfeiture of not less than $50 nor more than $250. In addition, for each such
22violation, the court may suspend the person's privilege to operate a recreational
23vehicle for a period of not more than 6 months. Whenever a court suspends an
24operating privilege under this subdivision, the court shall notify the department of
25that action.
AB356,21,6
12. A person who operates an off-highway motorcycle in violation of sub. (12)
2(km) 2. b. is subject to a forfeiture of not less than $150 nor more than $300. In
3addition, the court may suspend the person's privilege to operate a recreational
4vehicle for a period of not more than 6 months. Whenever a court suspends an
5operating privilege under this subdivision, the court shall notify the department of
6that action.
AB356,47 7Section 47 . 23.335 (23) (fm) of the statutes is created to read:
AB356,21,118 23.335 (23) (fm) Sentence of detention. The legislature intends that courts use
9the sentencing option under s. 973.03 (4) whenever appropriate for persons subject
10to par. (c) 2., 3., 4b., or 5. or (d). The use of this option can result in significant cost
11savings for the state and local governments.
AB356,48 12Section 48 . 23.335 (23) (g) of the statutes is renumbered 23.335 (23) (g) 1. and
13amended to read:
AB356,21,1614 23.335 (23) (g) 1. In determining the number of previous convictions under
15pars. (c) 2. and 3. to 5. and (e), convictions arising out of the same incident or
16occurrence shall be counted as one previous conviction.
AB356,49 17Section 49 . 23.335 (23) (g) 2. of the statutes is created to read:
AB356,22,318 23.335 (23) (g) 2. In determining the number of previous convictions under par.
19(b) 2. to 5., previous convictions under the intoxicated operation of an off-highway
20motorcycle law or under the off-highway motorcycle refusal law that occurred
21before, on, or after the effective date of this subdivision .... [LRB inserts date], and
22previous convictions under the intoxicated operation of an all-terrain or utility
23terrain vehicle law, as defined in s. 23.33 (1) (ic), the all-terrain or utility terrain
24vehicle refusal law, as defined in s. 23.33 (1) (at), the intoxicated boating law, as
25defined in s. 30.50 (4m), the boating refusal law, as defined in s. 30.50 (2c), the

1intoxicated snowmobiling law, as defined in s. 350.01 (9c), or the snowmobiling
2refusal law, as defined in s. 350.01 (17m), that occur after the effective date of this
3subdivision .... [LRB inserts date], shall count as previous convictions.
AB356,50 4Section 50 . 23.335 (23) (h) of the statutes is amended to read:
AB356,22,115 23.335 (23) (h) Reporting convictions to the department. Whenever a person
6is convicted of a violation of the intoxicated operation of an off-highway motorcycle
7law or the off-highway motorcycle refusal law, the clerk of the court in which the
8conviction occurred, or the justice, judge, or magistrate of a court not having a clerk,
9shall forward to the department the record of such conviction. The record of
10conviction forwarded to the department shall state whether the offender was
11involved in an accident at the time of the offense.
AB356,51 12Section 51 . 23.335 (23) (im) of the statutes is created to read:
AB356,22,2013 23.335 (23) (im) Certificate of completion of safety program. In addition to any
14other penalty or order, a person who for the first time violates the intoxicated
15operation of an off-highway motorcycle law or the off-highway motorcycle refusal
16law shall be ordered by the court to obtain a certificate of satisfactory completion of
17a safety program established under sub. (14). If the person has a valid certificate at
18the time that the court imposes a sentence for such a violation, the court shall
19permanently revoke the certificate and order the person to obtain another certificate
20of satisfactory completion of the safety program.
AB356,52 21Section 52 . 30.50 (4n) of the statutes is created to read:
AB356,23,222 30.50 (4n) “Intoxicated operating law" means the intoxicated operation of an
23all-terrain or utility terrain vehicle law, as defined in s. 23.33 (1) (ic), the intoxicated
24operation of an off-highway motorcycle law, as defined in s. 23.335 (1) (km), the

1intoxicated boating law, or the intoxicated snowmobiling law, as defined in s. 350.01
2(9c).
AB356,53 3Section 53 . 30.50 (4v) of the statutes is created to read:
AB356,23,44 30.50 (4v) “Legal drinking age" means 21 years of age.
AB356,54 5Section 54 . 30.50 (9fm) of the statutes is created to read:
AB356,23,116 30.50 (9fm) “Public premises” means all premises held out to the public for use
7of a motor vehicle, including highways, all premises provided by employers to
8employees for the use of their motor vehicles, and all premises provided to tenants
9of rental housing in buildings of 4 or more units for the use of their motor vehicles,
10whether such premises are publicly or privately owned and whether or not a fee is
11charged for the use of those premises.
AB356,55 12Section 55 . 30.50 (9m) of the statutes is created to read:
AB356,23,1413 30.50 (9m) “Recreational motorboat" means a motorboat that is not a
14commercial motorboat.
AB356,56 15Section 56 . 30.50 (9s) of the statutes is created to read:
AB356,23,1916 30.50 (9s) “Recreational vehicle" means an all-terrain vehicle, as defined in s.
17340.01 (2g), a utility terrain vehicle, as defined in s. 23.33 (1) (ng), an off-highway
18motorcycle, as defined in s. 23.335 (1) (q), a recreational motorboat, or a snowmobile,
19as defined in s. 340.01 (58a).
AB356,57 20Section 57 . 30.50 (9t) of the statutes is created to read:
AB356,23,2421 30.50 (9t) “Recreational vehicle and boating refusal law" means the all-terrain
22or utility terrain vehicle refusal law, as defined in s. 23.33 (1) (at), the off-highway
23motorcycle refusal law, as defined in s. 23.335 (1) (tm), the boating refusal law, or the
24snowmobiling refusal law, as defined in s. 350.01 (17m).
AB356,58
1Section 58. 30.50 (9x) of the statutes is renumbered 30.50 (2c) and amended
2to read:
AB356,24,43 30.50 (2c) “Refusal “ Boating refusal law" means s. 30.684 (5) or a local
4ordinance in conformity with that subsection.
AB356,59 5Section 59 . 30.681 (1) (bn) of the statutes is amended to read:
AB356,24,96 30.681 (1) (bn) Operating with alcohol concentrations at specified levels; below
7legal drinking age.
A person who has not attained the legal drinking age, as defined
8in s. 125.02 (8m),
may not engage in the operation of a motorboat while he or she has
9 a blood an alcohol concentration of more than 0.0 but less than 0.08.
AB356,60 10Section 60 . 30.681 (1) (c) of the statutes is amended to read:
AB356,24,1911 30.681 (1) (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)
13or (b) 1., 1m., or 2. for acts arising out of the same incident or occurrence. If the person
14is charged with violating any combination of par. (a) or (b) 1., 1m., or 2., the offenses
15shall be joined. If the person is found guilty of any combination of par. (a) or (b) 1.,
161m., or 2. for acts arising out of the same incident or occurrence, there shall be a
17single conviction for purposes of sentencing and for purposes of counting convictions
18under s. 30.80 (6) (a) 2. and 3. to 5. Paragraphs (a) and (b) 1., 1m., and 2. each require
19proof of a fact for conviction which that the others do not require.
AB356,61 20Section 61 . 30.681 (2) (c) of the statutes is amended to read:
AB356,25,521 30.681 (2) (c) Related charges. A person may be charged with and a prosecutor
22may proceed upon a complaint based upon a violation of any combination of par. (a)
23or (b) 1., 1m., or 2. for acts arising out of the same incident or occurrence. If the person
24is charged with violating any combination of par. (a) or (b) 1., 1m., or 2. in the
25complaint, the crimes shall be joined under s. 971.12. If the person is found guilty

1of any combination of par. (a) or (b) 1., 1m., or 2. for acts arising out of the same
2incident or occurrence, there shall be a single conviction for purposes of sentencing
3and for purposes of counting convictions under s. 30.80 (6) (a) 2. and 3. to 5.
4Paragraphs (a) and (b) 1., 1m., and 2. each require proof of a fact for conviction which
5that the others do not require.
AB356,62 6Section 62 . 30.681 (2) (d) 1. a. of the statutes is amended to read:
AB356,25,137 30.681 (2) (d) 1. a. In an action under this subsection for a violation of the
8intoxicated boating law where the defendant was operating a recreational motorboat
9that is not a commercial motorboat, the defendant has a defense if he or she proves
10by a preponderance of the evidence that the injury would have occurred even if he
11or she had been exercising due care and he or she had not been under the influence
12of an intoxicant or did not have an alcohol concentration of 0.08 or more or a
13detectable amount of a restricted controlled substance in his or her blood.
AB356,63 14Section 63 . 30.686 of the statutes is amended to read:
AB356,25,18 1530.686 Report arrest to department. If a law enforcement officer arrests
16a person for a violation of the intoxicated boating law or the boating refusal law, the
17law enforcement officer shall notify the department of the arrest as soon as
18practicable.
AB356,64 19Section 64 . 30.688 of the statutes is created to read:
AB356,26,4 2030.688 Suspension or revocation of operating privileges. (1) Orders to
21suspend or revoke.
(a) If a court imposes a penalty for a violation of the intoxicated
22boating law or the boating refusal law and if the violation involved the operation of
23a recreational motorboat, the court shall order the suspension of the person's
24privilege to operate a recreational vehicle for a period of not less than 12 months and
25not more than 16 months. As part of the order, the court may authorize the person

1to operate a recreational motorboat if the court finds that such operation is essential
2for the purpose of engaging in an occupation or trade. Whenever a court suspends
3an operating privilege under this paragraph, the court shall notify the department
4of that action.
AB356,26,155 (b) In addition to the order under par. (a), the court shall also order the
6revocation of the person's privilege to operate a motor vehicle on public premises, as
7defined in s. 23.33 (1) (jd), if the person, within 5 years prior to the arrest for the
8current violation subject to the order under par. (a), violated the intoxicated
9operating law or the recreational vehicle and boating refusal law. The period of
10revocation shall be not less than 6 months and not more than 12 months. Whenever
11a court revokes an operating privilege under this paragraph, the court may take
12possession of the revoked license. If the court takes possession of the revoked license,
13the court shall destroy the license. The court shall forward to the department of
14transportation the record of the conviction and notice of revocation. The person is
15eligible for an occupational license under s. 343.10 at any time.
AB356,26,17 16(2) Operating while suspended or revoked. (a) No person may operate a
17recreational vehicle in violation of a suspension order imposed under sub. (1) (a).
AB356,26,2018 (b) No person may operate a recreational motorboat during the time that the
19person's motor vehicle operating privilege is suspended or revoked for a conviction
20counted under s. 343.307 (1).
AB356,65 21Section 65 . 30.74 (1) (bn) of the statutes is amended to read:
AB356,26,2522 30.74 (1) (bn) A certificate issued to a person under this subsection is valid for
23life unless the certificate or the person's privilege to operate a recreational motorboat
24is suspended or
revoked by a court under s. 30.688 (1) (a), 30.80 (2m) or (6) (e), or
25938.343 (5).
AB356,66
1Section 66. 30.80 (6) (a) 1. of the statutes is amended to read:
AB356,27,52 30.80 (6) (a) 1. Except as provided under subds. 2. to 5., a person who violates
3s. 30.681 (1) (a) or (b), a local ordinance in conformity with s. 30.681 (1) (a) or (b) or
4the refusal law 30.684 (5) shall forfeit not less than $150 $400 nor more than $300
5$550.
AB356,67 6Section 67 . 30.80 (6) (a) 2. of the statutes is amended to read:
AB356,27,137 30.80 (6) (a) 2. A person who violates s. 30.681 (1) (a) or (b), a local ordinance
8in conformity with s. 30.681 (1) (a) or (b) or the refusal law
and who, within 5 years
9prior to the arrest for the current violation, was convicted one time previously under
10the intoxicated boating operating law or the recreational vehicle and boating refusal
11law shall be fined not less than $300 nor more than $1,000 $1,100 and shall be
12imprisoned for not less than 5 days nor more than 6 months one year in the county
13jail
.
AB356,68 14Section 68 . 30.80 (6) (a) 3. of the statutes is amended to read:
AB356,27,2115 30.80 (6) (a) 3. A person who violates s. 30.681 (1) (a) or (b), a local ordinance
16in conformity with s. 30.681 (1) (a) or (b) or the refusal law
and who, within 5 years
17prior to the arrest for the current violation, was convicted 2 times previously under
18the intoxicated boating operating law or, the recreational vehicle and boating refusal
19law, or any combination of these laws, shall be fined not less than $600 nor more than
20$2,000 and shall be imprisoned for not less than 30 days nor more than one year in
21the county jail.
AB356,69 22Section 69 . 30.80 (6) (a) 4. of the statutes is amended to read:
AB356,28,423 30.80 (6) (a) 4. A person who violates s. 30.681 (1) (a) or (b), a local ordinance
24in conformity with s. 30.681 (1) (a) or (b) or the refusal law
and who, within 5 years
25prior to the arrest for the current violation, was convicted 3 times previously under

1the intoxicated boating operating law or, the recreational vehicle and boating refusal
2law, or any combination of these laws, shall be fined not less than $600 nor more than
3$2,000 and shall be imprisoned for not less than 60 days nor more than one year in
4the county jail.
AB356,70 5Section 70 . 30.80 (6) (a) 5. of the statutes is amended to read:
AB356,28,126 30.80 (6) (a) 5. A person who violates s. 30.681 (1) (a) or (b), a local ordinance
7in conformity with s. 30.681 (1) (a) or (b) or the refusal law
and who, within 5 years
8prior to the arrest for the current violation, was convicted 4 or more times previously
9under the intoxicated boating operating law or, the recreational vehicle and boating
10refusal law, or any combination of these laws, shall be fined not less than $600 nor
11more than $2,000 and shall be imprisoned for not less than 6 months nor more than
12one year in the county jail.
AB356,71 13Section 71 . 30.80 (6) (a) 6. of the statutes is amended to read:
AB356,28,1614 30.80 (6) (a) 6. A person who violates s. 30.681 (1) (bn) or a local ordinance in
15conformity with s. 30.681 (1) (bn)
who violates s. 30.684 (5) and has not attained the
16legal drinking age
shall forfeit $50.
AB356,72 17Section 72 . 30.80 (6) (am) of the statutes is created to read:
AB356,28,2218 30.80 (6) (am) Penalties related to operating with underage passengers. If there
19is a passenger under 16 years of age in a motorboat at the time of a violation that
20gives rise to a conviction under s. 30.681 (1) (a) or (b) 1. or 1m. or 30.684 (5), the
21applicable minimum and maximum forfeitures, fines, and terms of imprisonment
22under par. (a) 1. to 5. for the conviction are doubled.
AB356,73 23Section 73 . 30.80 (6) (ar) of the statutes is created to read:
Loading...
Loading...