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:
AB356,29,824
30.80
(6) (ar)
Alcohol and drug treatment alternatives. 1. In any county that
25opts to offer a reduced minimum period of imprisonment for the successful
1completion of a probation period that includes alcohol and other drug treatment, if
2the number of suspensions, revocations, and convictions for a violation of the
3intoxicated boating law or the boating refusal law within a 5-year period equals 2,
4except that suspensions, revocations, or convictions arising out of the same incident
5or occurrence shall be counted as one, the fine shall be the same as under par. (a) 2.,
6but the period of imprisonment shall be not less than 5 days, except that if the person
7successfully completes a period of probation that includes alcohol and other drug
8treatment, the period of imprisonment shall be not less than 5 nor more than 7 days.
AB356,29,189
2. In any county that opts to offer a reduced minimum period of imprisonment
10for the successful completion of a probation period that includes alcohol and other
11drug treatment, if the number of suspensions, revocations, and convictions for a
12violation of the intoxicated boating law or the boating refusal law within a 5-year
13period equals 3, except that suspensions, revocations, or convictions arising out of
14the same incident or occurrence shall be counted as one, the fine shall be the same
15as under par. (a) 3., but the period of imprisonment shall be not less than 30 days,
16except that if the person successfully completes a period of probation that includes
17alcohol and other drug treatment, the period of imprisonment shall be not less than
1814 days.
AB356,30,319
3. In any county that opts to offer a reduced minimum period of imprisonment
20for the successful completion of a probation period that includes alcohol and other
21drug treatment, if the number of suspensions, revocations, and convictions for a
22violation of the intoxicated boating law or the boating refusal law within a 5-year
23period equals 4, except that suspensions, revocations, or convictions arising out of
24the same incident or occurrence shall be counted as one, the fine shall be the same
25as under par. (a) 4., but the period of imprisonment shall be not less than 60 days,
1except that if the person successfully completes a period of probation that includes
2alcohol and other drug treatment, the period of imprisonment shall be not less than
329 days.
AB356,30,54
4. A person may be sentenced under this paragraph or under s. 23.33 (13) (bm),
523.335 (23) (dm), or 350.11 (3) (ar) once in his or her lifetime.
AB356,74
6Section 74
. 30.80 (6) (bg) of the statutes is created to read:
AB356,30,127
30.80
(6) (bg)
Penalties related to suspension and revocation. 1. A person who
8operates a recreational vehicle in violation of s. 30.688 (2) (a) is subject to a forfeiture
9of not less than $50 nor more than $250. In addition, for each such violation, the court
10may suspend the person's privilege to operate a recreational vehicle for a period of
11not more than 6 months. Whenever a court suspends an operating privilege under
12this subdivision, the court shall notify the department of that action.
AB356,30,1713
2. A person who operates a recreational motorboat in violation of s. 30.688 (2)
14(b) is subject to a forfeiture of not less than $150 nor more than $300. In addition,
15the court may suspend the person's privilege to operate a recreational vehicle for a
16period of not more than 6 months. Whenever a court suspends an operating privilege
17under this subdivision, the court shall notify the department of that action.
AB356,75
18Section 75
. 30.80 (6) (bn) of the statutes is created to read:
AB356,30,2219
30.80
(6) (bn)
Sentence of detention. The legislature intends that courts use the
20sentencing option under s. 973.03 (4) whenever appropriate for persons subject to
21par. (a) 2., 3., 4., or 5. or (b). The use of this option can result in significant cost savings
22for the state and local governments.
AB356,76
23Section 76
. 30.80 (6) (c) of the statutes is renumbered 30.80 (6) (c) 1.
AB356,77
24Section 77
. 30.80 (6) (c) 2. of the statutes is created to read:
AB356,31,11
130.80
(6) (c) 2. In determining the number of previous convictions under par.
2(a) 2. to 5., previous convictions under the intoxicated boating law or the boating
3refusal law that occurred before, on, or after the effective date of this subdivision ....
4[LRB inserts date], and previous convictions under the intoxicated operation of an
5all-terrain or utility terrain vehicle law, as defined in s. 23.33 (1) (ic), the all-terrain
6or utility terrain vehicle refusal law, as defined in s. 23.33 (1) (at), the intoxicated
7operation of an off-highway motorcycle law, as defined in s. 23.335 (1) (L), the
8off-highway motorcycle refusal law, as defined in s. 23.335 (1) (tm), the intoxicated
9snowmobiling law, as defined in s. 350.01 (9c), or the snowmobiling refusal law, as
10defined in s. 350.01 (17m), that occur after the effective date of this subdivision ....
11[LRB inserts date], shall count as previous convictions.
AB356,78
12Section 78
. 30.80 (6) (cm) of the statutes is created to read:
AB356,31,1713
30.80
(6) (cm)
Reporting convictions to the department. Whenever a person is
14convicted of a violation of the intoxicated boating law or the boating refusal law, the
15court in which the conviction occurred shall forward to the department the record of
16such conviction. The record of conviction forwarded to the department shall state
17whether the offender was involved in an accident at the time of the offense.
AB356,79
18Section 79
. 30.80 (6) (e) of the statutes is amended to read:
AB356,32,219
30.80
(6) (e)
Certificate of satisfactory completion of safety course. In addition
20to any other penalty or order, a person who
for the first time violates
s. 30.681 (1) or
21(2) or 30.684 (5) or who violates s. 940.09 or 940.25 if the violation involves the
22operation of a motorboat, the intoxicated boating law or the boating refusal law shall
23be ordered by the court to obtain a certificate of satisfactory completion of a safety
24course under s. 30.74 (1). If the person has a valid certificate at the time that the
25court imposes
a sentence
for such a violation, the court shall permanently revoke the
1certificate and order the person to obtain
a another certificate of satisfactory
2completion of
a the safety course
under s. 30.74 (1).
AB356,80
3Section 80
. 59.54 (14) (g) of the statutes is amended to read:
AB356,32,134
59.54
(14) (g) A county may establish extensions of the jail, which need not be
5at the county seat, to serve as places of temporary confinement. No person may be
6detained in such an extension for more than 24 consecutive hours, except that a court
7may order that a person subject to imprisonment under s. 23.33 (13) (b) 2.
or, 3.
, 4b.
8or 5. or (c), 23.335 (23) (c) 2.
or, 3.
, 4b., or 5. or (d),
30.80 (6) (a) 2., 3., 4., or 5. or (b), 9or 350.11 (3) (a) 2.
or, 3.
, 4b., or 5. or (b) be imprisoned for more than 24 consecutive
10hours in such an extension. Jail extensions shall be subject to
the approval of plans
11and specifications
approval by the department of corrections and shall conform to
12other requirements imposed by law on jails, except that cells may be designed and
13used for multiple occupancy.
AB356,81
14Section 81
. 343.10 (1) (a) of the statutes is amended to read: