Summary of the 2009-2010 pending legislation.
Assembly Bill 130 –
--A person convicted of an OWI-related offense must be assessed any
costs associated with acquiring a blood sample and administering a
blood test or analysis that were charged to or paid by law enforcement
agency.
--The bill requires law enforcement to inform each person from whom the
officer wishes to obtain a blood sample that the person will be
responsible for the costs of testing the blood if the person is
convicted of any OWI-related offense.
--Exception: The court may not impose on the defendant any cost for an
alternative test the law enforcement agency provides free of charge as
described in s. 343.305(4), Stats. (per Assembly Substitute Amendment
1)
Assembly Bill 283 –
--Mandates IIDs on first offense with AC of .15 or higher or on all 2nd offenses
--Makes PAC .02 for 2 years after a person has committed an OWI
--Makes 4th offense a felony if it occurs within 5 years of a previous offense
--Requires defendants serve a minimum of 2 yrs in prison on 4th, 5th and 6th OWI offenses
--Requires defendants serve a minimum of 3 yrs in prison on 7th, 8th and 9th OWI offenses
--Serve a minimum of 4 yrs in prison on 10th & subsequent OWI offenses
--Allows probation on 2nd or 3rd OWI offenses (expands the current provision available on 4th offense)
Note: Public hearing held in West Allis on June 2, 2009. ("Drunken
driving bill wins backing," by Gina Barton, posted June 3, 2009.) http://www.jsonline.com/news/statepolitics/46772252.html
Assembly Bill 287 –
--Increases the tax rate on fermented malt beverages from $2 per barrel
to $10 per barrel. In addition, an amount of the taxes collected on
fermented malt beverages equal to $2 per barrel will be used by OJA in
the Dept. of Admin. to provide grants to counties and municipalities to
reduce crimes related to alcohol use by employing additional law
enforcement officers and obtaining equipment and training, and an
amount of the taxes equal to $4 per barrel will be used for community
aids related to alcohol and drug abuse treatment services.
--An amount of the taxes equal to $2 per barrel will be used for grants for substance abuse treatment and prevention programs.
Senate Bill 209 –
(Same summary as above)
See uwhealth.org/aware for discussion of beer tax proposal and other legislative proposals.
Assembly Bill 17 – Ignition Interlock Devices
02/03/09: Introduced by Representatives Staskunas, Kaufert, and 19
other representatives. Co-sponsored by Senator Plale (and 19 other
senators). Referred to Committee; Hearing held on 3/3/09.
Key Components:
• Eliminates sentencing options of vehicle immobilization and
seizure/forfeiture for repeat OWI offenders. Requires court to order
operating privilege of Class D vehicles be restricted to vehicles
equipped with ignition interlock devices (IID) for one-year minimum on
conviction for 1st offense with BAC of 0.15 or higher and for all 2nd
offenses. Requires all vehicles owned by the offender to be equipped
with an IID.
• Establishes a $50 surcharge to be paid upon installation and
requires offender to assume the full cost of installing and monitoring
all devices. If offender fails to pay the surcharge or fails to have
the IID installed, he or she may not obtain an occupational license.
• A court may order that a person who removes, disconnects, tampers
with, or otherwise circumvents the operation of an IID to be imprisoned
for not more than six months for a first offense.
• A person who fails to have an IID installed as ordered by the
court would be subject to the same penalties as a person who removes,
disconnects, tampers with, or otherwise circumvents the operation the
operation of an IID.
Assembly Bill 50
2/17/09: Introduced by Representatives Schneider and Vruwink, co-sponsored by Senator Lasee. Referred to Committee.
Key Components:
• Shortens the retention period for OWI convictions on a driver record from lifetime to ten years (except for CDL holders).
• Requires DMV to purge a person’s record of conviction, suspension
or revocation that is related to OWI after ten years, unless the
offense was committed by a person with a commercial driver license or
who was operating a commercial motor vehicle at the time of the offense.
Assembly Bill 79
2/24/09: Introduced by Representatives Kleefisch, Ziegelbauer, Davis,
Kerkman and 11 other representatives; co-sponsored by Senators
Carpenter, Darling and Leibham. Referred to Committee.
Key Components:
• Makes 3rd offense OWI a Class H felony and 4th offense OWI a Class G felony.
• Increases the penalties for other repeat OWI offenses: 5th &
6th offense OWI becomes a Class F felony; 7th-9th offense becomes a
Class E felony; 10th offense becomes a Class D felony.
• Prohibits the release of a person convicted of a 3rd offense OWI
before the person begins to serve any period of incarceration imposed
for the OWI.
• Grants courts the authority to deny pretrial release to a person
who is charged with certain felony OWIs if the person has a previous
conviction for a felony OWI.
Assembly Bill 130
3/9/09: Introduced by Gundrum, Petersen, Ziegelbauer, and 19 other
representatives; co-sponsored by Senators Kedzie, Lazich, Plale,
Darling and Schultz. Referred to Committee.
Key Components:
• Requires that upon conviction for an OWI-related offense, the
offender must be assessed any costs associated with acquiring and
administering a blood test that were charged to or paid by the law
enforcement agency.
Assembly Bill 151
3/17/09: Introduced by Representatives Zepnick, Hixson and Bies; co-sponsored by Senator Sullivan. Referred to Committee.
Key Components:
• Modifies penalties for all OWI offenses, including imposing
mandatory imprisonment for first offenses if offender has BAC greater
than or equal to 0.12.
• Requires that occupational licenses restrict person to operating a
vehicle equipped with an IID upon conviction of first offense OWI.
• Eliminates the option of immobilization of a motor vehicle upon conviction for OWI.
• Allows court to restrict the offender’s operating privilege to
driving a vehicle equipped with an IID upon conviction for first
offense if the offender had a BAC of 0.12 or more.
• Requires court to restrict the offender’s operating privilege to
driving a vehicle equipped with an IID upon conviction for second and
subsequent offense.
• Requires DOT to publish statistical information about the number
of circumstances of traffic accidents at least monthly. Requires that
the published information include the number of accidents in which the
consumption of intoxicants or controlled substances were contributing
factors and the amount of intoxicants or controlled substances that
were in the blood of the drivers involved in those accidents.
Assembly Bill 155
3/19/09: Introduced by Representatives Bies, Kerkman, Mursau, Ott,
Townsend and Zepnick; co-sponsored by Sen. Lehman. Referred to
Committee.
Key Components:
• Creates penalties for persons who unlawfully provide, on licensed
premises, alcohol beverages to underage persons who are 18, 19, or 20
years of age, if the provider knows or should know that the person is
underage and the underage person suffers great bodily harm or death as
a result of consuming the alcohol beverages.
• Provider is subject to a fine of not more than $10,000 or a term
of imprisonment of up to nine months in the county jail or both if the
person suffers great bodily harm and must be fined not more than
$10,000 or imprisoned for not more than one year in the county jail or
both if the underage person dies.
Assembly Bill 156
3/19/09: Introduced by Representatives Bies, Mursa, Ott and Zepnick. Referred to Committee.
Key Components:
• Modifies penalties for all OWI offenses, including imposing mandatory imprisonment for first offenses.
• Adds provision related to counties seeking reimbursement by
prisoners for confinement. Specifically, if a county seeks
reimbursement from person confined for OWI violation, DOT may not
reinstate operating privilege until the county notifies DOT that the
person has reimbursed the county.
• Shortens the retention period for OWI convictions on a driver
record from lifetime to ten years, unless the prior convictions are for
OWI-related offenses that resulted in injury or death.
Senate Bill 30
2-03-09: Introduced by Senator Robson and Kreitlow (co-sponsored by 12 representatives). Referred to Committee.
Key Components:
• Establishes 18 as minimum age for underage person to possess,
consume or be provided alcohol beverages on licensed premises if
accompanied by parent, guardian, or spouse who has attained legal
drinking age.
• An underage person of any age may still enter or be on licensed
premises if accompanied by a parent, guardian, or spouse who has
attained the legal drinking age.
Senate Bill 32
02-03-09: Introduced by Senators Kedzie and Schultz, co-sponsored by
Representative Smith (and five other representatives). Referred to
Committee.
Key Components:
• Amends the definition of prohibited alcohol concentration in s.
340.01(46m) (a) and (c), lowering the PAC for second and third
offenders from .08 to .02.
Senate Bill 33
02-03-09: Introduced by Senator Kedzie, Leibham and Lasee and co-sponsored by eleven representatives. Referred to Committee.
Key Components:
• Prohibits a person from purchasing or leasing a motor vehicle
while their operating privilege is revoked or suspended due to prior
OWI convictions, unless the person holds a valid occupational license.
• A person who purchases or leases a motor vehicle in violation of the prohibition is guilty of a Class I felony.
Senate Bill 34
02-03-09: Introduced by Senator Kedzie, Olsen and Cowles and co-sponsored by nine representatives. Referred to
Committee
Key Components:
• Removes the immediate eligibility for an occupational license for people suspended or revoked for the following reasons:
- An administrative suspension after a chemical test indicates the presence of a restricted controlled substance
or prohibited alcohol concentration
- Conviction of first offense OWI
- Underage absolute sobriety violation
• The minimum wait time for eligibility for an occupational license
for persons suspended or revoked for one of the above reasons is
increased from 0 to 15 days.
Senate Bill 66
02-18-09: Introduced by Senators Sullivan, Plale, Lehman (and ten
others) and co-sponsored by Representative Zepnick (and four other
representatives). Referred to Committee.
Key Components:
IID Provisions:
• Requires courts to order the installation of an Ignition Interlock
Device on a person’s vehicle upon a third OWI conviction or upon a
second OWI conviction if the person had an alcohol concentration of
0.16 or higher.
• If an IID is ordered, the court must determine the income of the
violator, and if the violator’s income is less than the income limit
for the Wisconsin Works program, the court must reduce the amount of
the fine imposed by the amount necessary to pay for the installation
and maintenance of the IID.
• Prohibits the company that equips a motor vehicle with an IID from
removing the device or terminating the contract for the maintenance of
the device during the period that the court ordered without first
receiving the court’s permission.
Increased Penalty Provisions:
• Makes third offense and fourth offense OWI Class I felonies.
• Eliminates the .08-.099 first offense PAC loophole, so that first
offenders with a PAC of .08-.099 are subject to the same penalties as
other offenders convicted of first offense OWI.
• Expands Winnebago County Probation Pilot Program so that it is an option for other counties.
