AB356,7,218
23.33
(4c) (b) 3. `Related charges.' A person may be charged with and a
19prosecutor may proceed upon a complaint based upon a violation of any combination
20of subd. 1., 2., or 2m. for acts arising out of the same incident or occurrence. If the
21person is charged with violating any combination of subd. 1., 2., or 2m. in the
22complaint, the crimes shall be joined under s. 971.12. If the person is found guilty
23of any combination of subd. 1., 2., or 2m. for acts arising out of the same incident or
24occurrence, there shall be a single conviction for purposes of sentencing and for
25purposes of counting convictions under sub. (13) (b) 2.
and 3. to 5. Subdivisions 1.,
12., and 2m. each require proof of a fact for conviction
which that the others do not
2require.
AB356,10
3Section 10
. 23.33 (4t) of the statutes is amended to read:
AB356,7,74
23.33
(4t) Report arrest to department. If a law enforcement officer arrests
5a person for a violation of the intoxicated operation of an all-terrain vehicle or utility
6terrain vehicle law or the
all-terrain or utility terrain vehicle refusal law, the law
7enforcement officer shall notify the department of the arrest as soon as practicable.
AB356,11
8Section 11
. 23.33 (4y) of the statutes is created to read:
AB356,7,199
23.33
(4y) Suspension or revocation of operating privileges. (a)
Orders to
10suspend or revoke. 1. If a court imposes a penalty for a violation of the intoxicated
11operation of an all-terrain or utility terrain vehicle law or the all-terrain or utility
12terrain vehicle refusal law, the court shall order the suspension of the person's
13privilege to operate a recreational vehicle for a period of not less than 12 months and
14not more than 16 months. As part of the order, the court may authorize the person
15to operate an all-terrain vehicle or utility terrain vehicle exclusively on land under
16the management and control of the person's immediate family if the court finds that
17such operation is essential for the purpose of engaging in an occupation or trade.
18Whenever a court suspends an operating privilege under this subdivision, the court
19shall notify the department of that action.
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2. In addition to the order under subd. 1., the court shall also order the
21revocation of the person's privilege to operate a motor vehicle on public premises if
22the person, within 5 years prior to the arrest for the current violation of the
23intoxicated operation of an all-terrain or utility terrain vehicle law or the all-terrain
24or utility terrain vehicle refusal law, violated the intoxicated operating law or the
25recreational vehicle and boating refusal law. The period of revocation shall be not
1less than 6 months and not more than 12 months. Whenever a court revokes an
2operating privilege under this subdivision, the court may take possession of the
3revoked license. If the court takes possession of the revoked license, the court shall
4destroy the license. The court shall forward to the department of transportation the
5record of the conviction and notice of revocation. The person is eligible for an
6occupational license under s. 343.10 at any time.
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(b)
Operating while suspended or revoked. 1. No person may operate a
8recreational vehicle in violation of a suspension order imposed under par. (a) 1.
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2. No person may operate an all-terrain vehicle or utility terrain vehicle during
10the time that the person's motor vehicle operating privilege is suspended or revoked
11for a conviction counted under s. 343.307 (1).
AB356,12
12Section 12
. 23.33 (13) (b) 1. of the statutes is amended to read:
AB356,8,1513
23.33
(13) (b) 1. Except as provided under subds. 2.
and 3. to 5., a person who
14violates sub. (4c) (a) 1., 2., or 2m. or (4p) (e) shall forfeit not less than
$150 $400 nor
15more than
$300 $550.
AB356,13
16Section 13
. 23.33 (13) (b) 2. of the statutes is amended to read:
AB356,8,2317
23.33
(13) (b) 2.
Except as provided under subd. 3., a A person who violates sub.
18(4c) (a) 1., 2., or 2m.
or (4p) (e) and who, within 5 years prior to the arrest for the
19current violation, was convicted
one time previously under the intoxicated
operation
20of an all-terrain vehicle or utility terrain vehicle operating law or the
recreational
21vehicle and boating refusal law shall be fined not less than $300 nor more than
22$1,100 and shall be imprisoned not less than 5 days nor more than
6 months one year
23in the county jail.
AB356,14
24Section 14
. 23.33 (13) (b) 3. of the statutes is amended to read:
AB356,9,7
123.33
(13) (b) 3. A person who violates sub. (4c) (a) 1., 2., or 2m.
or (4p) (e) and
2who, within 5 years prior to the arrest for the current violation, was convicted 2
or
3more times previously under the intoxicated
operation of an all-terrain vehicle or
4utility terrain vehicle operating law
or, the recreational vehicle and boating refusal
5law
, or any combination of these laws, shall be fined not less than $600 nor more than
6$2,000 and shall be imprisoned not less than 30 days nor more than one year in the
7county jail.
AB356,15
8Section 15
. 23.33 (13) (b) 4. of the statutes is renumbered 23.33 (13) (b) 6. and
9amended to read:
AB356,9,1210
23.33
(13) (b) 6. A person who violates sub. (4c) (a) 3. or
who violates sub. (4p)
11(e) and
who has not attained the
legal drinking age
of 21 shall forfeit
not more than 12$50.
AB356,16
13Section 16
. 23.33 (13) (b) 4b. of the statutes is created to read:
AB356,9,1914
23.33
(13) (b) 4b. A person who violates sub. (4c) (a) 1., 2., or 2m. and who,
15within 5 years prior to the arrest for the current violation, was convicted 3 times
16previously under the intoxicated operating law, the recreational vehicle and boating
17refusal law, or any combination of these laws, shall be fined not less than $600 nor
18more than $2,000 and shall be imprisoned not less than 60 days nor more than one
19year in the county jail.
AB356,17
20Section 17
. 23.33 (13) (b) 5. of the statutes is created to read:
AB356,9,2421
23.33
(13) (b) 5. A person who violates sub. (4c) (a) 1., 2., or 2m. and who, within
225 years prior to the arrest for the current violation, was convicted 4 or more times
23previously under the intoxicated operating law, the recreational vehicle and boating
24refusal law, or any combination of these laws, shall be fined not less than $600 nor
1more than $2,000 and shall be imprisoned not less than 6 months nor more than one
2year in the county jail.
AB356,18
3Section 18
. 23.33 (13) (bg) of the statutes is amended to read:
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23.33
(13) (bg)
Penalties related to intoxicated operation of an all-terrain
5vehicle or utility terrain vehicle; underage passengers. If there is a passenger under
616 years of age on the all-terrain vehicle or utility terrain vehicle at the time of a
7violation that gives rise to a conviction under sub. (4c) (a) 1.
or, 2.
, or 2m. or (4p) (e),
8the applicable minimum and maximum forfeitures, fines, and terms of
9imprisonment under
pars. par. (b) 1.
, 2., and 3. to 5. for the conviction are doubled.
AB356,19
10Section 19
. 23.33 (13) (bm) of the statutes is created to read:
AB356,10,2111
23.33
(13) (bm)
Alcohol and drug treatment alternatives. 1. In any county that
12opts to offer a reduced minimum period of imprisonment for the successful
13completion of a probation period that includes alcohol and other drug treatment, if
14the number of suspensions, revocations, and convictions for a violation of the
15intoxicated operation of an all-terrain or utility terrain vehicle law or of the
16all-terrain or utility terrain vehicle refusal law within a 5-year period equals 2,
17except that suspensions, revocations, or convictions arising out of the same incident
18or occurrence shall be counted as one, the fine shall be the same as under par. (b) 2.,
19but the period of imprisonment shall be not less than 5 days, except that if the person
20successfully completes a period of probation that includes alcohol and other drug
21treatment, the period of imprisonment shall be not less than 5 nor more than 7 days.
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2. In any county that opts to offer a reduced minimum period of imprisonment
23for the successful completion of a probation period that includes alcohol and other
24drug treatment, if the number of suspensions, revocations, and convictions for a
25violation of the intoxicated operation of an all-terrain or utility terrain vehicle law
1or of the all-terrain or utility terrain vehicle refusal law within a 5-year period
2equals 3, except that suspensions, revocations, or convictions arising out of the same
3incident or occurrence shall be counted as one, the fine shall be the same as under
4par. (b) 3., but the period of imprisonment shall be not less than 30 days, except that
5if the person successfully completes a period of probation that includes alcohol and
6other drug treatment, the period of imprisonment shall be not less than 14 days.
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3. In any county that opts to offer a reduced minimum period of imprisonment
8for the successful completion of a probation period that includes alcohol and other
9drug treatment, if the number of suspensions, revocations, and convictions for a
10violation of the intoxicated operation of an all-terrain or utility terrain vehicle law
11or of the all-terrain or utility terrain vehicle refusal law within a 5-year period
12equals 4, except that suspensions, revocations, or convictions arising out of the same
13incident or occurrence shall be counted as one, the fine shall be the same as under
14par. (b) 4b., but the period of imprisonment shall be not less than 60 days, except that
15if the person successfully completes a period of probation that includes alcohol and
16other drug treatment, the period of imprisonment shall be not less than 29 days.
AB356,11,1817
4. A person may be sentenced under this paragraph or under s. 23.335 (23)
18(dm), 30.80 (6) (ar), or 350.11 (3) (ar) once in his or her lifetime.
AB356,20
19Section 20
. 23.33 (13) (br) of the statutes is repealed.
AB356,21
20Section 21
. 23.33 (13) (ce) of the statutes is created to read: