SB301,36 Section 36 . 23.335 (23) (c) 1. of the statutes is amended to read:

SB301,17,11 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.

SB301,37 Section 37 . 23.335 (23) (c) 2. of the statutes is amended to read:

SB301,17,19 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.

SB301,38 Section 38 . 23.335 (23) (c) 3. of the statutes is amended to read:

SB301,18,2 23.335 (23) (c) 3. Except as provided in subd. 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 2 or more times previously under the intoxicated operation of an off-highway motorcycle 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 30 days nor more than one year in the county jail.

SB301,39 Section 39 . 23.335 (23) (c) 4. of the statutes is renumbered 23.335 (23) (c) 6. and amended to read:

SB301,18,6 23.335 (23) (c) 6. A person who violates sub. (12) (a) 3. or (h) and who has not attained the age of 21 shall forfeit not more than $50.

SB301,40 Section 40 . 23.335 (23) (c) 4b. of the statutes is created to read:

SB301,18,13 23.335 (23) (c) 4b. A person who violates sub. (12) (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.

SB301,41 Section 41 . 23.335 (23) (c) 5. of the statutes is created to read:

SB301,18,20 23.335 (23) (c) 5. A person who violates sub. (12) (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.

SB301,42 Section 42 . 23.335 (23) (cg) of the statutes is created to read:

SB301,19,2 23.335 (23) (cg) Penalties related to intoxicated operation; underage passengers. If there is a passenger under 16 years of age on the off-road motorcycle at the time of a violation that gives rise to a conviction under sub. (12) (a) 1., 2., or 2m. or (h), the applicable minimum and maximum forfeitures, fines, and terms of imprisonment under par. (c) 1. to 5. for the conviction are doubled.

SB301,43 Section 43 . 23.335 (23) (dm) of the statutes is created to read:

SB301,19,14 23.335 (23) (dm) 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 off-highway motorcycle law or of the off-highway motorcycle 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. (c) 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.

SB301,19,24 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 off-highway motorcycle law or of the off-highway motorcycle 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. (c) 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.

SB301,20,10 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 off-highway motorcycle law or of the off-highway motorcycle 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. (c) 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.

SB301,20,12 4. A person may be sentenced under this paragraph or under s. 23.33 (13) (bm), 30.80 (6) (ar), or 350.11 (3) (ar) once in his or her lifetime.

SB301,44 Section 44 . 23.335 (23) (dr) of the statutes is created to read:

SB301,20,20 23.335 (23) (dr) Penalties related to suspension and revocation. 1. A person who operates a recreational vehicle in violation of sub. (12) (km) 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.

SB301,21,2 2. A person who operates an off-highway motorcycle in violation of sub. (12) (km) 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.

SB301,45 Section 45 . 23.335 (23) (fm) of the statutes is created to read:

SB301,21,7 23.335 (23) (fm) Sentence of detention. The legislature intends that courts use the sentencing option under s. 973.03 (4) whenever appropriate for persons subject to par. (c) 2., 3., 4b., or 5. or (d). The use of this option can result in significant cost savings for the state and local governments.

SB301,46 Section 46 . 23.335 (23) (g) of the statutes is renumbered 23.335 (23) (g) 1. and amended to read:

SB301,21,12 23.335 (23) (g) 1. In determining the number of previous convictions under pars. (c) 2. and 3. to 5. and (e), convictions arising out of the same incident or occurrence shall be counted as one previous conviction.

SB301,47 Section 47 . 23.335 (23) (g) 2. of the statutes is created to read:

SB301,21,24 23.335 (23) (g) 2. In determining the number of previous convictions under par. (c) 2. to 5., previous convictions under the intoxicated operation of an off-highway motorcycle law or under the off-highway motorcycle 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 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.

SB301,48 Section 48 . 23.335 (23) (h) of the statutes is amended to read: