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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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
• 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.
• 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.