SB331,47
7Section 47
. 23.335 (23) (fm) of the statutes is created to read:
SB331,21,118
23.335
(23) (fm)
Sentence of detention. The legislature intends that courts use
9the sentencing option under s. 973.03 (4) whenever appropriate for persons subject
10to par. (c) 2., 3., 4b., or 5. or (d). The use of this option can result in significant cost
11savings for the state and local governments.
SB331,48
12Section 48
. 23.335 (23) (g) of the statutes is renumbered 23.335 (23) (g) 1. and
13amended to read:
SB331,21,1614
23.335
(23) (g) 1. In determining the number of previous convictions under
15pars. (c) 2.
and 3. to 5. and (e), convictions arising out of the same incident or
16occurrence shall be counted as one previous conviction.
SB331,49
17Section 49
. 23.335 (23) (g) 2. of the statutes is created to read:
SB331,22,318
23.335
(23) (g) 2. In determining the number of previous convictions under par.
19(b) 2. to 5., previous convictions under the intoxicated operation of an off-highway
20motorcycle law or under the off-highway motorcycle refusal law that occurred
21before, on, or after the effective date of this subdivision .... [LRB inserts date], and
22previous convictions under the intoxicated operation of an all-terrain or utility
23terrain vehicle law, as defined in s. 23.33 (1) (ic), the all-terrain or utility terrain
24vehicle refusal law, as defined in s. 23.33 (1) (at), the intoxicated boating law, as
25defined in s. 30.50 (4m), the boating refusal law, as defined in s. 30.50 (2c), the
1intoxicated snowmobiling law, as defined in s. 350.01 (9c), or the snowmobiling
2refusal law, as defined in s. 350.01 (17m), that occur after the effective date of this
3subdivision .... [LRB inserts date], shall count as previous convictions.
SB331,50
4Section 50
. 23.335 (23) (h) of the statutes is amended to read:
SB331,22,115
23.335
(23) (h)
Reporting convictions to the department. Whenever a person
6is convicted of a violation of the intoxicated operation of an off-highway motorcycle
7law
or the off-highway motorcycle refusal law, the
clerk of the court in which the
8conviction occurred
, or the justice, judge, or magistrate of a court not having a clerk, 9shall forward to the department the record of such conviction. The record of
10conviction forwarded to the department shall state whether the offender was
11involved in an accident at the time of the offense.
SB331,51
12Section 51
. 23.335 (23) (im) of the statutes is created to read:
SB331,22,2013
23.335
(23) (im)
Certificate of completion of safety program. In addition to any
14other penalty or order, a person who for the first time violates the intoxicated
15operation of an off-highway motorcycle law or the off-highway motorcycle refusal
16law shall be ordered by the court to obtain a certificate of satisfactory completion of
17a safety program established under sub. (14). If the person has a valid certificate at
18the time that the court imposes a sentence for such a violation, the court shall
19permanently revoke the certificate and order the person to obtain another certificate
20of satisfactory completion of the safety program.
SB331,52
21Section 52
. 30.50 (4n) of the statutes is created to read:
SB331,23,222
30.50
(4n) “Intoxicated operating law" means the intoxicated operation of an
23all-terrain or utility terrain vehicle law, as defined in s. 23.33 (1) (ic), the intoxicated
24operation of an off-highway motorcycle law, as defined in s. 23.335 (1) (km), the
1intoxicated boating law, or the intoxicated snowmobiling law, as defined in s. 350.01
2(9c).
SB331,53
3Section 53
. 30.50 (4v) of the statutes is created to read:
SB331,23,44
30.50
(4v) “Legal drinking age" means 21 years of age.
SB331,54
5Section 54
. 30.50 (9fm) of the statutes is created to read:
SB331,23,116
30.50
(9fm) “Public premises” means all premises held out to the public for use
7of a motor vehicle, including highways, all premises provided by employers to
8employees for the use of their motor vehicles, and all premises provided to tenants
9of rental housing in buildings of 4 or more units for the use of their motor vehicles,
10whether such premises are publicly or privately owned and whether or not a fee is
11charged for the use of those premises.
SB331,55
12Section 55
. 30.50 (9m) of the statutes is created to read:
SB331,23,1413
30.50
(9m) “Recreational motorboat" means a motorboat that is not a
14commercial motorboat.
SB331,56
15Section 56
. 30.50 (9s) of the statutes is created to read:
SB331,23,1916
30.50
(9s) “Recreational vehicle" means an all-terrain vehicle, as defined in s.
17340.01 (2g), a utility terrain vehicle, as defined in s. 23.33 (1) (ng), an off-highway
18motorcycle, as defined in s. 23.335 (1) (q), a recreational motorboat, or a snowmobile,
19as defined in s. 340.01 (58a).
SB331,57
20Section 57
. 30.50 (9t) of the statutes is created to read:
SB331,23,2421
30.50
(9t) “Recreational vehicle and boating refusal law" means the all-terrain
22or utility terrain vehicle refusal law, as defined in s. 23.33 (1) (at), the off-highway
23motorcycle refusal law, as defined in s. 23.335 (1) (tm), the boating refusal law, or the
24snowmobiling refusal law, as defined in s. 350.01 (17m).
SB331,58
1Section
58. 30.50 (9x) of the statutes is renumbered 30.50 (2c) and amended
2to read:
SB331,24,43
30.50
(2c) “Refusal “
Boating refusal law" means s. 30.684 (5) or a local
4ordinance in conformity with that subsection.
SB331,59
5Section 59
. 30.681 (1) (bn) of the statutes is amended to read:
SB331,24,96
30.681
(1) (bn)
Operating with alcohol concentrations at specified levels; below
7legal drinking age. A person who has not attained the legal drinking age
, as defined
8in s. 125.02 (8m), may not engage in the operation of a motorboat while he or she has
9 a blood an alcohol concentration of more than 0.0 but less than 0.08.
SB331,60
10Section 60
. 30.681 (1) (c) of the statutes is amended to read:
SB331,24,1911
30.681
(1) (c)
Related charges. A person may be charged with and a prosecutor
12may proceed upon a complaint based upon a violation of any combination of par. (a)
13or (b) 1., 1m., or 2. for acts arising out of the same incident or occurrence. If the person
14is charged with violating any combination of par. (a) or (b) 1., 1m., or 2., the offenses
15shall be joined. If the person is found guilty of any combination of par. (a) or (b) 1.,
161m., or 2. for acts arising out of the same incident or occurrence, there shall be a
17single conviction for purposes of sentencing and for purposes of counting convictions
18under s. 30.80 (6) (a) 2.
and 3. to 5. Paragraphs (a) and (b) 1., 1m., and 2. each require
19proof of a fact for conviction
which that the others do not require.
SB331,61
20Section 61
. 30.681 (2) (c) of the statutes is amended to read: