SB377,88,15 343.44 (1) (b) Operating while revoked. No person whose operating privilege has been duly revoked under the laws of this state may operate a motor vehicle upon any highway in this state during the period of revocation or in violation of any restriction on an occupational license issued to the person during the period of revocation. A person's knowledge that his or her operating privilege is revoked is not an element of the offense under this paragraph. In this paragraph, “restriction on an occupational license" means restrictions imposed under s. 343.10 (5) (a) as to hours of the day, area, routes or purpose of travel, vehicles allowed to be operated, use of an ignition interlock device, sobriety or use of alcohol, tetrahydrocannabinols, controlled substances or controlled substance analogs.

SB377,151 Section 151 . 344.576 (2) (b) of the statutes is amended to read:

SB377,88,20 344.576 (2) (b) The damage occurs while the renter or authorized driver operates the private passenger vehicle in this state while under the influence of an intoxicant or other drug, as described under s. 346.63 (1) (a), (am), or (b) or, (2m), or (2p).

SB377,152 Section 152 . 346.63 (1) (b) of the statutes is amended to read:

SB377,88,23 346.63 (1) (b) The person has a prohibited alcohol or tetrahydrocannabinols concentration.

SB377,153 Section 153 . 346.63 (1) (d) of the statutes is renumbered 346.63 (1) (d) 1. and amended to read:

SB377,89,7 346.63 (1) (d) 1. In an action under par. (am) that is based on the defendant allegedly having a detectable amount of methamphetamine, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

SB377,154 Section 154 . 346.63 (1) (d) 2. of the statutes is created to read:

SB377,89,13 346.63 (1) (d) 2. In an action under par. (b) that is based on the defendant allegedly having a prohibited tetrahydrocannabinols concentration, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).

SB377,155 Section 155 . 346.63 (2) (a) 2. of the statutes is amended to read:

SB377,89,16 346.63 (2) (a) 2. The person has a prohibited alcohol or tetrahydrocannabinols concentration.

SB377,156 Section 156 . 346.63 (2) (b) 1. of the statutes is amended to read:

SB377,90,2 346.63 (2) (b) 1. In an action under this subsection, the defendant has a defense if he or she proves by a preponderance of the evidence that the injury would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant, tetrahydrocannabinols, a controlled substance, a controlled substance analog or a combination thereof, under the influence of any other drug to a degree which renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree which renders him or her incapable of safely driving, did not have a prohibited alcohol or tetrahydrocannabinols concentration described under par. (a) 2., or did not have a detectable amount of a restricted controlled substance in his or her blood.

SB377,157 Section 157 . 346.63 (2) (b) 2. of the statutes is amended to read:

SB377,90,10 346.63 (2) (b) 2. In an action under par. (a) 3. that is based on the defendant allegedly having a detectable amount of methamphetamine, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, or gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

SB377,158 Section 158 . 346.63 (2) (b) 3. of the statutes is created to read:

SB377,90,16 346.63 (2) (b) 3. In an action under par. (a) 2. that is based on the defendant allegedly having a prohibited tetrahydrocannabinols concentration, the defendant has a defense if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for tetrahydrocannabinol or he or she was a qualifying patient, as defined in s. 50.80 (6).

SB377,159 Section 159 . 346.63 (2p) of the statutes is created to read:

SB377,90,25 346.63 (2p) If a person has not attained the legal age, as defined in s. 961.70 (2), the person may not drive or operate a motor vehicle while he or she has a tetrahydrocannabinols concentration of more than 0.0 but not more than 5.0. One penalty for violation of this subsection is suspension of a person's operating privilege under s. 343.30 (1p). The person is eligible for an occupational license under s. 343.10 at any time. If a person arrested for a violation of this subsection refuses to take a test under s. 343.305, the refusal is a separate violation and the person is subject to revocation of the person's operating privilege under s. 343.305 (10) (em).

SB377,160 Section 160. 346.637 of the statutes is amended to read:

SB377,91,3 346.637 Driver awareness program. The department shall conduct a campaign to educate drivers in this state concerning:

SB377,91,7 (1) The laws relating to operating a motor vehicle and drinking alcohol, using tetrahydrocannabinols, controlled substances , or controlled substance analogs, or using any combination of alcohol, tetrahydrocannabinols, controlled substances, and controlled substance analogs.

SB377,91,10 (2) The effects of alcohol, tetrahydrocannabinols, controlled substances, or controlled substance analogs, or the use of them in any combination, on a person's ability to operate a motor vehicle.

SB377,161 Section 161 . 346.65 (2m) (a) of the statutes is amended to read:

SB377,91,20 346.65 (2m) (a) In imposing a sentence under sub. (2) for a violation of s. 346.63 (1) (am) or (b) or (5) or a local ordinance in conformity therewith, the court shall review the record and consider the aggravating and mitigating factors in the matter. If the amount of alcohol in the person's blood or urine or the amount of a restricted controlled substance or tetrahydrocannabinols in the person's blood is known, the court shall consider that amount as a factor in sentencing. The chief judge of each judicial administrative district shall adopt guidelines, under the chief judge's authority to adopt local rules under SCR 70.34, for the consideration of aggravating and mitigating factors.

SB377,162 Section 162 . 346.65 (2q) of the statutes is amended to read:

SB377,91,25 346.65 (2q) Any person violating s. 346.63 (2m) or (2p) shall forfeit $200. If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under s. 346.63 (2m) or (2p), the person shall be fined $400.

SB377,163 Section 163. 346.93 (1) of the statutes is amended to read:

SB377,92,9 346.93 (1) No underage person, as defined under s. 125.02 (20m), may knowingly possess, transport, or have under his or her control any alcohol beverage or tetrahydrocannabinols in any motor vehicle unless the. This subsection does not prohibit a person who is employed by a brewer, brewpub, alcohol beverage licensee, wholesaler, retailer, distributor, manufacturer, or rectifier and is from possessing, transporting, or having such beverage alcohol beverages in a motor vehicle under his or her control during his or her working hours and in the course of employment, as provided under s. 125.07 (4) (bm).