AB356,43 Section 43 . 23.335 (23) (c) 5. of the statutes is created to read:

AB356,19,2 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.

AB356,44 Section 44 . 23.335 (23) (cg) of the statutes is created to read:

AB356,19,8 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.

AB356,45 Section 45 . 23.335 (23) (dm) of the statutes is created to read:

AB356,19,20 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.

AB356,20,5 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.

AB356,20,15 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.

AB356,20,17 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.

AB356,46 Section 46 . 23.335 (23) (dr) of the statutes is created to read:

AB356,20,25 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.

AB356,21,6 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.

AB356,47 Section 47 . 23.335 (23) (fm) of the statutes is created to read:

AB356,21,11 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.

AB356,48 Section 48 . 23.335 (23) (g) of the statutes is renumbered 23.335 (23) (g) 1. and amended to read:

AB356,21,16 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.

AB356,49 Section 49 . 23.335 (23) (g) 2. of the statutes is created to read:

AB356,22,3 23.335 (23) (g) 2. In determining the number of previous convictions under par. (b) 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.

AB356,50 Section 50 . 23.335 (23) (h) of the statutes is amended to read:

AB356,22,11 23.335 (23) (h) Reporting convictions to the department. Whenever a person is convicted of a violation of the intoxicated operation of an off-highway motorcycle law or the off-highway motorcycle 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.

AB356,51 Section 51 . 23.335 (23) (im) of the statutes is created to read:

AB356,22,20 23.335 (23) (im) 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 off-highway motorcycle law or the off-highway motorcycle refusal law shall be ordered by the court to obtain a certificate of satisfactory completion of a safety program established under sub. (14). 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.

AB356,52 Section 52 . 30.50 (4n) of the statutes is created to read:

AB356,23,2 30.50 (4n) “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, or the intoxicated snowmobiling law, as defined in s. 350.01 (9c).

AB356,53 Section 53 . 30.50 (4v) of the statutes is created to read:

AB356,23,4 30.50 (4v) “Legal drinking age" means 21 years of age.

AB356,54 Section 54 . 30.50 (9fm) of the statutes is created to read:

AB356,23,11 30.50 (9fm) “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.

AB356,55 Section 55 . 30.50 (9m) of the statutes is created to read: