AB356: Bill Text

AB356,33,2 343.10 (1) (a) If a person's license or operating privilege is revoked or suspended under this chapter or s. 23.33 (4y) (a) 2., 23.335 (12) (km) 1. b., 30.688 (1) (b), 350.1075 (1) (b), 767.73, 938.34 (14q), 943.21 (3m), or 961.50 and if the person is engaged in an occupation, including homemaking or full-time or part-time study, or a trade making it essential that he or she operate a motor vehicle, the person, after payment of the fee provided in sub. (6), may file an application with the department setting forth in detail the need for operating a motor vehicle. No person may file more than one application with respect to each revocation or suspension of the person's license or operating privilege under this chapter or s. 23.33 (4y) (a) 2., 23.335 (12) (km) 1. b., 30.688 (1) (b), 350.1075 (1) (b), 767.73, 938.34 (14q), 943.21 (3m), or 961.50, except that this limitation does not apply to an application to amend an occupational license restriction.

AB356,82 Section 82 . 343.10 (2) (a) 1. of the statutes is amended to read:

AB356,33,10 343.10 (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. 23.33 (4y) (a) 2., 23.335 (12) (km) 1. b., 30.688 (1) (b), 350.1075 (1) (b), 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.

AB356,83 Section 83 . 343.10 (9) of the statutes is amended to read:

AB356,33,15 343.10 (9) Notice. The department shall inform a person whose operating privilege is revoked or suspended under this chapter or chs. 23, 30, or 350 of his or her right to apply to the department for issuance of an occupational license under this section.

AB356,84 Section 84 . 343.21 (1) (jr) of the statutes is amended to read:

AB356,33,20 343.21 (1) (jr) In addition to any other fee under this subsection, for reinstatement of an operating privilege previously revoked or suspended under s. 23.33 (4y) (a) 2., 23.335 (12) (km) 1. b., 30.688 (1) (b), 343.305 (7), or 350.1075 (1) (b) or resulting from the commission of an offense listed in s. 343.307, $140.

AB356,85 Section 85 . 350.01 (9b) of the statutes is created to read:

AB356,34,2 350.01 (9b) “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, as defined in s. 23.335 (1) (km), the intoxicated boating law, as defined in s. 30.50 (4m), or the intoxicated snowmobiling law.

AB356,86 Section 86 . 350.01 (10c) of the statutes is created to read:

AB356,34,9 350.01 (10c) “Public premises” means all premises held out to the public for use of a motor vehicle, including highways, all premises provided by employers to employees for the use of their motor vehicles, and all premises provided to tenants of rental housing in buildings of 4 or more units for the use of their motor vehicles, whether such premises are publicly or privately owned and whether or not a fee is charged for the use of those premises.

AB356,87 Section 87 . 350.01 (10p) of the statutes is created to read:

AB356,34,14 350.01 (10p) “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, as defined in s. 23.335 (1) (q), a recreational motorboat, as defined in s. 30.50 (9m), or a snowmobile.

AB356,88 Section 88 . 350.01 (10q) of the statutes is created to read:

AB356,34,19 350.01 (10q) “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, as defined in s. 23.335 (1) (tm), the boating refusal law, as defined in s. 30.50 (2c), or the snowmobiling refusal law.

AB356,89 Section 89 . 350.01 (10r) of the statutes is renumbered 350.01 (17m) and amended to read:

AB356,34,23 350.01 (17m) “Refusal “ Snowmobiling refusal law" means s. 350.104 (5) or a local ordinance in conformity therewith.

AB356,90 Section 90 . 350.101 (1) (d) of the statutes is amended to read:

AB356,35,9 350.101 (1) (d) Related charges. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of any combination of par. (a), (b), or (bm) for acts arising out of the same incident or occurrence. If the person is charged with violating any combination of par. (a), (b), or (bm), the offenses shall be joined. If the person is found guilty of any combination of par. (a), (b), or (bm) 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 s. 350.11 (3) (a) 2. and 3. to 5. Paragraphs (a), (b), and (bm) each require proof of a fact for conviction which that the others do not require.

AB356,91 Section 91 . 350.101 (2) (c) of the statutes is amended to read:

AB356,35,20 350.101 (2) (c) Related charges. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of any combination of par. (a), (b), or (bm) for acts arising out of the same incident or occurrence. If the person is charged with violating any combination of par. (a), (b), or (bm) in the complaint, the crimes shall be joined under s. 971.12. If the person is found guilty of any combination of par. (a), (b), or (bm) 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 s. 350.11 (3) (a) 2. and 3. to 5. Paragraphs (a), (b), and (bm) each require proof of a fact for conviction which that the others do not require.

AB356,92 Section 92 . 350.106 of the statutes is amended to read:

AB356,35,25 350.106 Report arrest to department. If a law enforcement officer arrests a person for a violation of the intoxicated snowmobiling law or the snowmobiling refusal law, the law enforcement officer shall notify the department of the arrest as soon as practicable.

AB356,93 Section 93. 350.1075 of the statutes is created to read:

AB356,36,11 350.1075 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 snowmobiling law or the snowmobiling 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 snowmobile exclusively on land under the management and control of the person's immediate family 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 paragraph, the court shall notify the department of that action.

AB356,36,23 (b) In addition to the order under par. (a), the court shall also order the revocation of the person's privilege to operate a motor vehicle on public premises, as defined in s. 23.33 (1) (jd), if the person, within 5 years prior to the arrest for the current violation of the intoxicated snowmobiling law or the snowmobiling refusal law, violated 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 paragraph, 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.

AB356,36,25 (2) Operating while suspended or revoked. (a) No person may operate a recreational vehicle in violation of a suspension order imposed under sub. (1) (a).

AB356,37,3 (b) No person may operate a snowmobile during the time that the person's motor vehicle operating privilege is suspended or revoked for a conviction counted under s. 343.307 (1).

AB356,94 Section 94 . 350.11 (3) (a) 1. of the statutes is amended to read:

AB356,37,7 350.11 (3) (a) 1. Except as provided under subds. 2. and 3. to 5., a person who violates s. 350.101 (1) (a), (b), or (bm) or s. 350.104 (5) shall forfeit not less than $400 nor more than $550.

AB356,95 Section 95 . 350.11 (3) (a) 2. of the statutes is amended to read:

AB356,37,14 350.11 (3) (a) 2. Except as provided under subd. 3., a A person who violates s. 350.101 (1) (a), (b), or (bm) or 350.104 (5) and who, within 5 years prior to the arrest for the current violation, was convicted one time previously under the intoxicated snowmobiling operating law or the recreational vehicle and boating refusal law shall be fined not less than $300 nor more than $1,000 $1,100 and shall be imprisoned not less than 5 days nor more than 6 months one year in the county jail.

AB356,96 Section 96 . 350.11 (3) (a) 3. of the statutes is amended to read:

AB356,37,21 350.11 (3) (a) 3. A person who violates s. 350.101 (1) (a), (b), or (bm) or 350.104 (5) and who, within 5 years prior to the arrest for the current violation, was convicted 2 or more times previously under the intoxicated snowmobiling 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.

AB356,97 Section 97. 350.11 (3) (a) 4. of the statutes is renumbered 350.11 (3) (a) 6.

AB356,98 Section 98 . 350.11 (3) (a) 4b. of the statutes is created to read:

AB356,38,4 350.11 (3) (a) 4b. A person who violates s. 350.101 (1) (a), (b), or (bm) 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.

AB356,99 Section 99 . 350.11 (3) (a) 5. of the statutes is created to read:

AB356,38,11 350.11 (3) (a) 5. A person who violates s. 350.101 (1) (a), (b), or (bm) 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.

AB356,100 Section 100 . 350.11 (3) (am) of the statutes is created to read:

AB356,38,17 350.11 (3) (am) Penalties related to operating with underage passengers. If there is a passenger under 16 years of age on a snowmobile at the time of a violation that gives rise to a conviction under s. 350.101 (1) (a), (b), or (bm) or 350.104 (5), the applicable minimum and maximum forfeitures, fines, and terms of imprisonment under par. (a) 1. to 5. for the conviction are doubled.

AB356,101 Section 101 . 350.11 (3) (ar) of the statutes is created to read:

AB356,39,4 350.11 (3) (ar) 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 snowmobiling law or the snowmobiling 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. (a) 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.

AB356,39,14 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 snowmobiling law or the snowmobiling 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. (a) 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.

AB356,39,24 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 snowmobiling law or the snowmobiling 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. (a) 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.

AB356,40,2 4. A person may be sentenced under this paragraph or under s. 23.33 (13) (bm), 23.335 (23) (dm), or 30.80 (6) (ar) once in his or her lifetime.

AB356,102 Section 102 . 350.11 (3) (bg) of the statutes is created to read:

AB356,40,10 350.11 (3) (bg) Penalties related to suspension and revocation. 1. A person who operates a recreational vehicle in violation of s. 350.1075 (2) (a) 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.

AB356,40,15 2. A person who operates a snowmobile in violation of s. 350.1075 (2) (b) 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.

AB356,103 Section 103 . 350.11 (3) (bm) of the statutes is amended to read:

AB356,40,20 350.11 (3) (bm) Sentence of detention. The legislature intends that courts use the sentencing option under s. 973.03 (4) whenever appropriate for persons subject to par. (a) 2. or, 3., 4b., or 5. or (b). The use of this option can result in significant cost savings for the state and local governments.

AB356,104 Section 104 . 350.11 (3) (c) of the statutes is renumbered 350.11 (3) (c) 1. and amended to read:

AB356,40,25 350.11 (3) (c) 1. In determining the number of previous convictions under par. (a) 2. and 3. to 5., convictions arising out of the same incident or occurrence shall be counted as one previous conviction.

AB356,105 Section 105. 350.11 (3) (c) 2. of the statutes is created to read:

AB356,41,12 350.11 (3) (c) 2. In determining the number of previous convictions under par. (a) 2. to 5., previous convictions under the intoxicated snowmobiling law or the snowmobiling 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 all-terrain or utility terrain vehicle law, as defined in s. 23.33 (1) (ic), the all-terrain or utility terrain vehicle refusal law, as defined in s. 23.33 (1) (at), 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), or the boating refusal law, as defined in s. 30.50 (2c), that occur after the effective date of this subdivision .... [LRB inserts date], shall count as previous convictions.

AB356,106 Section 106 . 350.11 (3) (cm) of the statutes is amended to read:

AB356,41,19 350.11 (3) (cm) Reporting convictions to the department. Whenever a person is convicted of a violation of the intoxicated snowmobiling law or the snowmobiling 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.

AB356,107 Section 107 . 350.11 (3) (e) of the statutes is created to read:

AB356,42,3 350.11 (3) (e) Certificate of completion of safety program. In addition to any other penalty or order, a person who for the first time violates the intoxicated snowmobiling law or the snowmobiling refusal law shall be ordered by the court to obtain a certificate of satisfactory completion of a safety program established under s. 350.055 (1). 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.

AB356,108 Section 108 . 940.09 (1m) (b) of the statutes is amended to read:

AB356,42,14 940.09 (1m) (b) If a person is charged in an information with any of the combinations of crimes referred to in par. (a), the crimes shall be joined under s. 971.12. If the person is found guilty of more than one of the crimes so charged 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 s. 23.33 (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. and 3. to 5., under s. 343.307 (1), or under s. 350.11 (3) (a) 2. and 3. to 5. Subsection (1) (a), (am), (b), (bm), (c), (cm), (d), and (e) each require proof of a fact for conviction which that the others do not require, and sub. (1g) (a), (am), (b), (c), (cm), and (d) each require proof of a fact for conviction which that the others do not require.

AB356,109 Section 109 . 940.25 (1m) (b) of the statutes is amended to read:

AB356,42,24 940.25 (1m) (b) If a person is charged in an information with any of the combinations of crimes referred to in par. (a), the crimes shall be joined under s. 971.12. If the person is found guilty of more than one of the crimes so charged 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 s. 23.33 (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. or 3. to 5., under ss. 343.30 (1q) and 343.305, or under s. 350.11 (3) (a) 2. and 3. to 5. Subsection (1) (a), (am), (b), (bm), (c), (cm), (d), and (e) each require proof of a fact for conviction which that the others do not require.

AB356,110 Section 110 . Effective date.

AB356,43,2 (1) This act takes effect on the first day of the 4th month beginning after publication.

AB356,43,3 (End)