Date of enactment:
December 22, 2009
2009 Senate Bill 66
Date of publication*:
December 23, 2009
2009 WISCONSIN ACT
100
An Act
to repeal
342.12 (4) (c) 1. b., 343.301 (1) (title) and (a), 343.301 (2), 346.65 (6), 346.65 (8), 973.09 (1) (d) 1., 973.09 (1) (d) 2. and 973.09 (1) (d) 3.;
to renumber and amend
343.301 (1) (c), 343.301 (1) (d), 346.65 (2) (f) and 973.09 (1) (d) (intro.);
to consolidate, renumber and amend
343.301 (1) (b) 1. and 2.;
to amend
165.755 (1) (b), 302.46 (1) (a), 340.01 (46m) (c), 342.12 (4) (c) 1. c., 342.13 (1), 343.10 (2) (a) (intro.), 343.10 (5) (a) 3., 343.23 (2) (b), 343.30 (1q) (b) 2., 343.30 (1q) (b) 3., 343.30 (1q) (b) 4., 343.30 (1q) (c) 1. (intro.), 343.301 (title), 343.305 (8) (b) 5. (intro.), 343.305 (8) (c) 5., 343.38 (2), 343.39 (1) (a), 345.47 (1) (c), 346.65 (2) (am) 3., 346.65 (2) (am) 4., 346.65 (2) (am) 6., 346.65 (2) (am) 7., 346.65 (2) (bm), 346.65 (2) (cm), 346.65 (2c), 346.65 (2g) (a), 346.65 (2g) (ag), 346.65 (2j) (am) 3., 346.65 (2j) (bm), 346.65 (2j) (cm), 346.65 (2q), 346.65 (3m), 346.65 (3r), 346.65 (7), 346.655 (1), 347.413 (title) and (1), 347.417 (1), 347.417 (2), 347.50 (1s), 757.05 (1) (a), 814.60 (1), 814.63 (1) (c), 814.63 (2), 814.65 (1), 814.85 (1) (a), 814.86 (1), 969.01 (2) (a) and 973.15 (8) (a) 3.;
to repeal and recreate
343.10 (2) (a) (intro.), 343.23 (2) (b), 343.305 (10m), 814.65 (1), 814.85 (1) (a), 814.86 (1), 940.09 (1d) and 940.25 (1d);
to create
20.410 (1) (bd), 25.40 (1) (a) 3m., 110.10 (4m), 301.03 (20r), 303.08 (10r), 343.10 (2) (f), 343.21 (1) (jr), 343.30 (1r), 343.301 (1g), 343.301 (1m), 343.301 (3) (b), 343.301 (5), 343.305 (10g), 343.31 (4), 346.65 (2) (am) 4m., 346.65 (2) (dm), 346.65 (2) (f) 1., 346.65 (2j) (cr), 346.65 (3p), 347.50 (1t), 814.75 (9m), 814.76 (7m), 814.78 (7m), 814.79 (4r), 973.05 (2m) (rm) and 973.09 (2) (am) of the statutes; and
to affect
2007 Wisconsin Act 20
, section
9201 (1c) (a)
and
2009 Wisconsin Act 2
, section
9201 (1) (b)
;
relating to:
operating a vehicle while intoxicated, granting rule-making authority, making an appropriation, and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1g
.
20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated:
-
See PDF for table
Section
1m
.
20.410 (1) (bd) of the statutes is created to read:
20.410
(1)
(bd)
Services for drunken driving offenders.
The amounts in the schedule to provide community probation supervision, to fund a monitoring center, and to fund enhanced community treatment for persons convicted of a 2nd or 3rd offense related to driving while intoxicated.
Section
1r
.
25.40 (1) (a) 3m. of the statutes is created to read:
25.40
(1)
(a) 3m. Revenues collected under s. 343.21 (1) (jr) which shall be paid into the general fund.
Section
2
.
110.10 (4m) of the statutes is created to read:
110.10
(4m)
Requiring ignition interlock device providers operating in this state to accept, as payment in full for equipping a motor vehicle with an ignition interlock device and for maintaining the ignition interlock device, the amount ordered by the court under s. 343.301 (3) (b), if applicable.
Section
3
.
165.755 (1) (b) of the statutes is amended to read:
165.755
(1)
(b) A court may not impose the crime laboratories and drug law enforcement surcharge under par. (a) for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5) (b)
, for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation,
or for a violation of a state law or municipal or county ordinance involving a nonmoving traffic violation, a violation under s. 343.51 (1m) (b), or a safety belt use violation under s. 347.48 (2m).
Section
3m
.
301.03 (20r) of the statutes is created to read:
301.03
(20r)
Provide probation, assessment, treatment, and other community treatment options for persons convicted of a 2nd or 3rd offense counted under s. 343.307 (1) with no waiting list for services. If the moneys appropriated under s. 20.410 (1) (bd) are not sufficient to fully fund the services with no waiting list, the department shall notify the joint committee on finance.
Section
4
.
302.46 (1) (a) of the statutes is amended to read:
302.46
(1)
(a) If a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5)
, or for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation,
or for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations, violations under s. 343.51 (1m) (b), or safety belt use violations under s. 347.48 (2m), the court, in addition, shall impose a jail surcharge under ch. 814 in an amount of 1 percent of the fine or forfeiture imposed or $10, whichever is greater. If multiple offenses are involved, the court shall determine the jail surcharge on the basis of each fine or forfeiture. If a fine or forfeiture is suspended in whole or in part, the court shall reduce the jail surcharge in proportion to the suspension.
Section
5
.
303.08 (10r) of the statutes is created to read:
303.08
(10r)
The sheriff may not permit a prisoner who is subject to an order under s. 343.301 (1g) to leave the jail under sub. (1) unless, within 2 weeks after the court issues the order, the person submits proof to the sheriff that an ignition interlock device has been installed in each motor vehicle to which the order applies.
Section
6
.
340.01 (46m) (c) of the statutes is amended to read:
340.01
(46m)
(c) If the person
is subject to an order under s. 343.301 or if the person
has 3 or more prior convictions, suspensions or revocations, as counted under s. 343.307 (1), an alcohol concentration of more than 0.02.
Section
7
.
342.12 (4) (c) 1. b. of the statutes is repealed.
Section
8
.
342.12 (4) (c) 1. c. of the statutes is amended to read:
342.12
(4)
(c) 1. c. The person requesting the issuance of the certificate of title files an affidavit with the department attesting that the
conditions
condition
under subd. 1. a.
and b. are
is
met.
Section
9
.
342.13 (1) of the statutes is amended to read:
342.13
(1)
If a certificate of title is lost, stolen, mutilated, or destroyed, or becomes illegible, the owner or legal representative of the owner named in the certificate, as shown by the records of the department, shall promptly make application for and may obtain a replacement upon furnishing information satisfactory to the department. The replacement certificate of title shall contain a notation, in a form determined by the department, identifying the certificate as a replacement certificate that may be subject to the rights of a person under the original certificate.
If applicable under s. 346.65 (6), the replacement certificate of title shall include the notation "Per section 346.65 (6) of the Wisconsin statutes, ownership of this motor vehicle may not be transferred without prior court approval".
Section
10
.
343.10 (2) (a) (intro.) of the statutes is amended to read:
343.10
(2)
(a) (intro.) Except as provided in pars. (b) to
(e)
(f)
, a person is eligible for an occupational license if the following conditions are satisfied:
Section
11
.
343.10 (2) (a) (intro.) of the statutes, as affected by
2007 Wisconsin Act 20
and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:
343.10
(2)
(a) (intro.) Except as provided in pars. (b) to (f), and subject to s. 343.165 (5), a person is eligible for an occupational license if the following conditions are satisfied:
Section
12
.
343.10 (2) (f) of the statutes is created to read:
343.10
(2)
(f) If the court orders under s. 343.301 (1g) that the person's operating privilege for the operation of "Class D" vehicles be restricted to operating vehicles that are equipped with an ignition interlock device, no occupational license may be granted until the person pays the surcharge under s. 343.301 (5) and submits proof that an ignition interlock device has been installed in each motor vehicle to which the order under s. 343.301 applies.
Section
13
.
343.10 (5) (a) 3. of the statutes is amended to read:
343.10
(5)
(a) 3.
If the applicant has 2 or more prior convictions, suspensions, or revocations, as counted under s. 343.307 (1), the
The
occupational license of the applicant shall restrict the applicant's operation under the occupational license to vehicles that are equipped with a functioning ignition interlock device if the court has ordered under s. 343.301
(1) (a) 1. or 2.
(1g)
that the person's operating privilege for Class D vehicles be restricted to operating vehicles that are equipped with an ignition interlock device or has ordered under s. 346.65 (6) (a) 1., 1999 stats., that the motor vehicle owned by the person and used in the violation or improper refusal be equipped with an ignition interlock device. A person to whom a restriction under this subdivision applies violates that restriction if he or she
removes or disconnects an ignition interlock device,
requests or permits another to blow into an ignition interlock device or to start a motor vehicle equipped with an ignition interlock device for the purpose of providing the person an operable motor vehicle without the necessity of first submitting a sample of his or her breath to analysis by the ignition interlock device
. If
, or otherwise tampers with or circumvents the operation of the ignition interlock device. Except as provided in s. 343.301 (3) (b), if
the occupational license restricts the applicant's operation to a vehicle that is equipped with an ignition interlock device, the applicant shall be liable for the reasonable costs of equipping the vehicle with the ignition interlock device.
Section
14
.
343.21 (1) (jr) of the statutes is created to read:
343.21
(1)
(jr) In addition to any other fee under this subsection, for reinstatement of an operating privilege previously revoked or suspended under s. 343.305 (7) or resulting from the commission of an offense listed in s. 343.307, $140.
343.23
(2)
(b) The information specified in pars. (a) and (am) must be filed by the department so that the complete operator's record is available for the use of the secretary in determining whether operating privileges of such person shall be suspended, revoked, canceled, or withheld, or the person disqualified, in the interest of public safety. The record of suspensions, revocations, and convictions that would be counted under s. 343.307 (2) shall be maintained permanently
, except that the department shall purge the record of a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b) after 10 years, if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, if the person does not have a commercial driver license, if the violation was not committed by a person operating a commercial motor vehicle, and if the person has no other suspension, revocation, or conviction that would be counted under s. 343.307 during that 10-year period
. The record of convictions for disqualifying offenses under s. 343.315 (2) (h) shall be maintained for at least 10 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (f), (j), and (L) and all records specified in par. (am), shall be maintained for at least 3 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be maintained permanently, except that 5 years after a licensee transfers residency to another state such record may be transferred to another state of licensure of the licensee if that state accepts responsibility for maintaining a permanent record of convictions for disqualifying offenses. Such reports and records may be cumulative beyond the period for which a license is granted, but the secretary, in exercising the power of suspension granted under s. 343.32 (2) may consider only those reports and records entered during the 4-year period immediately preceding the exercise of such power of suspension.
Section
16
.
343.23 (2) (b) of the statutes, as affected by
2009 Wisconsin Acts 28
, section
2924
, and .... (this act), is repealed and recreated to read:
343.23
(2)
(b) The information specified in pars. (a) and (am) must be filed by the department so that the complete operator's record is available for the use of the secretary in determining whether operating privileges of such person shall be suspended, revoked, canceled, or withheld, or the person disqualified, in the interest of public safety. The record of suspensions, revocations, and convictions that would be counted under s. 343.307 (2) shall be maintained permanently. The record of convictions for disqualifying offenses under s. 343.315 (2) (h) shall be maintained for at least 10 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (f), (j), and (L), and all records specified in par. (am), shall be maintained for at least 3 years. The record of convictions for disqualifying offenses under s. 343.315 (2) (a) to (e) shall be maintained permanently, except that 5 years after a licensee transfers residency to another state such record may be transferred to another state of licensure of the licensee if that state accepts responsibility for maintaining a permanent record of convictions for disqualifying offenses. Such reports and records may be cumulative beyond the period for which a license is granted, but the secretary, in exercising the power of suspension granted under s. 343.32 (2) may consider only those reports and records entered during the 4-year period immediately preceding the exercise of such power of suspension. The department shall maintain the digital images of documents specified in s. 343.165 (2) (a) for at least 10 years.
Section
17
.
343.30 (1q) (b) 2. of the statutes is amended to read:
343.30
(1q)
(b) 2. Except as provided in
sub. (1r) or
subd. 3., 4. or 4m., for the first conviction, the court shall revoke the person's operating privilege for not less than 6 months nor more than 9 months. The person is eligible for an occupational license under s. 343.10 at any time.
Section
18
.
343.30 (1q) (b) 3. of the statutes is amended to read:
343.30
(1q)
(b) 3. Except as provided in
sub. (1r) or
subd. 4m., if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other convictions, suspensions, and revocations counted under s. 343.307 (1) within a 10-year period, equals 2, the court shall revoke the person's operating privilege for not less than one year nor more than 18 months. After the first
60
45
days of the revocation period
or, if the total number of convictions, suspensions, and revocations counted under this subdivision within any 5-year period equals 2 or more, after one year of the revocation period
has elapsed, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan ordered under par. (c).
Section
19
.
343.30 (1q) (b) 4. of the statutes is amended to read:
343.30
(1q)
(b) 4. Except as provided in
sub. (1r) or
subd. 4m., if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other convictions, suspensions, and revocations counted under s. 343.307 (1), equals 3 or more, the court shall revoke the person's operating privilege for not less than 2 years nor more than 3 years. After the first
90
45
days of the revocation period
or, if the total number of convictions, suspensions, and revocations counted under this subdivision within any 5-year period equals 2 or more, after one year of the revocation period
has elapsed, the person is eligible for an occupational license under s. 343.10 if he or she has completed the assessment and is complying with the driver safety plan ordered under par. (c).
Section
20
.
343.30 (1q) (c) 1. (intro.) of the statutes is amended to read:
343.30
(1q)
(c) 1. (intro.) Except as provided in subd. 1. a. or b.,
and except for a first violation of s. 346.63 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation,
the court shall order the person to submit to and comply with an assessment by an approved public treatment facility as defined in s. 51.45 (2) (c) for examination of the person's use of alcohol, controlled substances or controlled substance analogs and development of a driver safety plan for the person. The court shall notify the department of transportation of the assessment order. The court shall notify the person that noncompliance with assessment or the driver safety plan will result in revocation of the person's operating privilege until the person is in compliance. The assessment order shall:
Section
21
.
343.30 (1r) of the statutes is created to read:
343.30
(1r)
For any revocation the court orders under sub. (1q), the court shall extend the revocation period by the number of days to which the court sentences the person to imprisonment in a jail or prison for an offense related to the refusal.
Section
22
.
343.301 (title) of the statutes is amended to read:
343.301
(title)
Installation of ignition interlock device
or immobilization of a motor vehicle
.
Section
23
.
343.301 (1) (title) and (a) of the statutes are repealed.
Section
24
.
343.301 (1) (b) 1. and 2. of the statutes are consolidated, renumbered 343.301 (2m) and amended to read:
343.301
(2m)
The court
may
shall
restrict the operating privilege
restriction
under
par. (a) 1.
sub. (1g)
for a period of not less than one year nor more than the maximum operating privilege revocation period permitted for the refusal or violation
. 2. The court shall order the operating privilege restriction and the installation of an ignition interlock device under par. (a) 2. for a period of not less than one year nor more than the maximum operating privilege revocation period permitted for the refusal or violation
, beginning
one year after the operating privilege revocation period begins
on the date the department issues any license granted under this chapter, except that if the maximum operating privilege revocation period is less than one year, the court shall restrict the operating privilege under sub. (1g) for one year. The court may order the installation of an ignition interlock device under sub. (1g) immediately upon issuing an order under sub. (1g)
.
Section
25
.
343.301 (1) (c) of the statutes is renumbered 343.301 (3) (a) and amended to read:
343.301
(3)
(a)
If
Except as provided in par. (b), if
the court enters an order under
par. (a)
sub. (1g)
, the person shall be liable for the reasonable cost of equipping and maintaining any ignition interlock device installed on his or her motor vehicle.
Section
26
.
343.301 (1) (d) of the statutes is renumbered 343.301 (4) and amended to read:
343.301
(4)
A person to whom an order under
par. (a)
sub. (1g)
applies violates that order if he or she
fails to have an ignition interlock device installed as ordered, removes or disconnects an ignition interlock device,
requests or permits another to blow into an ignition interlock device or to start a motor vehicle equipped with an ignition interlock device for the purpose of providing the person an operable motor vehicle without the necessity of first submitting a sample of his or her breath to analysis by the ignition interlock device
, or otherwise tampers with or circumvents the operation of the ignition interlock device
.
Section
27
.
343.301 (1g) of the statutes is created to read:
343.301
(1g)
A court shall order a person's operating privilege for the operation of "Class D" vehicles be restricted to operating vehicles that are equipped with an ignition interlock device and, except as provided in sub. (1m), shall order that each motor vehicle for which the person's name appears on the vehicle's certificate of title or registration be equipped with an ignition interlock device if either of the following applies:
(a) The person improperly refused to take a test under s. 343.305.
(b) The person violated s. 346.63 (1) or (2), 940.09 (1), or 940.25 and either of the following applies:
1. The person had an alcohol concentration of 0.15 or more at the time of the offense.
2. The person has a total of one or more prior convictions, suspensions, or revocations, counting convictions under ss. 940.09 (1) and 940.25 in the person's lifetime and other convictions, suspensions, and revocations counted under s. 343.307 (1).
Section
28
.
343.301 (1m) of the statutes is created to read:
343.301
(1m)
If equipping each motor vehicle with an ignition interlock device under sub. (1g) would cause an undue financial hardship, the court may order that one or more vehicles described sub. (1g) not be equipped with an ignition interlock device.
Section
29
.
343.301 (2) of the statutes is repealed.
Section
30
.
343.301 (3) (b) of the statutes is created to read:
343.301
(3)
(b) If the court finds that the person who is subject to an order under sub. (1g) has a household income that is at or below 150 percent of the nonfarm federal poverty line for the continental United States, as defined by the federal department of labor under
42 USC 9902
(2), the court shall limit the person's liability under par. (a) to one-half of the cost of equipping each motor vehicle with an ignition interlock device and one-half of the cost per day per vehicle of maintaining the ignition interlock device.
Section
31
.
343.301 (5) of the statutes is created to read:
343.301
(5)
If the court enters an order under sub. (1g), the court shall impose and the person shall pay to the clerk of court an ignition interlock surcharge of $50. The clerk of court shall transmit the amount to the county treasurer.
Section
32
.
343.305 (8) (b) 5. (intro.) of the statutes is amended to read:
343.305
(8)
(b) 5. (intro.) If the hearing examiner finds that any of the following applies, the examiner shall order that the administrative suspension of the person's operating privilege be rescinded without payment of any fee under s. 343.21 (1) (j)
, (jr),
or (n):
Section
33
.
343.305 (8) (c) 5. of the statutes is amended to read:
343.305
(8)
(c) 5. If any court orders under this subsection that the administrative suspension of the person's operating privilege be rescinded, the person need not pay any fee under s. 343.21 (1) (j)
, (jr),
or (n).
Section
34
.
343.305 (10g) of the statutes is created to read:
343.305
(10g)
Suspensions and revocations; extensions.
For any suspension or revocation the court orders under sub. (10), the court shall extend the suspension or revocation period by the number of days to which the court sentences the person to imprisonment in a jail or prison.
Section
35
.
343.305 (10m) of the statutes is repealed and recreated to read:
343.305
(10m)
Refusals; ignition interlock of a motor vehicle.
The requirements and procedures for installation of an ignition interlock device under s. 343.301 apply when an operating privilege is revoked under sub (10).
Section
36
.
343.31 (4) of the statutes is created to read:
343.31
(4)
For any revocation the department orders under sub. (1) (a), if the offense is criminal under 940.09 and involved the use of a motor vehicle, or if the offense is criminal under s. 940.25, (am), (ar), or (b) or under sub. (3) the department shall extend the revocation period by the number of days to which a court sentences the person to imprisonment in a jail or prison.
Section
37
.
343.38 (2) of the statutes is amended to read:
343.38
(2)
Reinstatement of nonresident's operating privilege after revocation by Wisconsin.
A nonresident's operating privilege revoked under the laws of this state is reinstated as a matter of law when the period of revocation has expired and such nonresident obtains a valid operator's license issued by the jurisdiction of the nonresident's residence and pays the fees specified in s. 343.21 (1) (j)
, (jr), if applicable,
and (n).
Section
38
.
343.39 (1) (a) of the statutes is amended to read:
343.39
(1)
(a) When, in the case of a suspended operating privilege, the period of suspension has terminated, the fees specified in s. 343.21 (1) (j)
, (jr), if applicable,
and (n) have been paid to the department and, for reinstatement of an operating privilege suspended under ch. 344, the person files with the department proof of financial responsibility, if required, in the amount, form and manner specified under ch. 344.
345.47
(1)
(c) If a court or judge suspends an operating privilege under this section, the court or judge shall immediately take possession of the suspended license and shall forward it to the department together with the notice of suspension, which shall clearly state that the suspension was for failure to pay a forfeiture, plus costs, fees, and surcharges imposed under ch. 814 or for failure to comply with an installment payment plan ordered by the court. The notice of suspension and the suspended license, if it is available, shall be forwarded to the department within 48 hours after the order of suspension. If the forfeiture, plus costs, fees, and surcharges imposed under ch. 814, are paid during a period of suspension, or if the court orders an installment payment plan under sub. (4), the court or judge shall immediately notify the department. Upon receipt of the notice and payment of the fees under s. 343.21 (1) (j)
, (jr), if applicable,
and (n), the department shall return the surrendered license.
Section
40
.
346.65 (2) (am) 3. of the statutes is amended to read:
346.65
(2)
(am) 3. Except as provided in pars. (cm), (f), and (g), shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than
30
45
days nor more than one year in the county jail if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1), equals 3, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.
Section
41
.
346.65 (2) (am) 4. of the statutes is amended to read:
346.65
(2)
(am) 4. Except as provided in
subd. 4m. and
pars.
(dm),
(f)
,
and (g), shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than 60 days nor more than one year in the county jail if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations
,
and other convictions counted under s. 343.307 (1), equals 4, except that suspensions, revocations
,
or convictions arising out of the same incident or occurrence shall be counted as one.
Section
42
.
346.65 (2) (am) 4m. of the statutes is created to read:
346.65
(2)
(am) 4m. Except as provided in pars. (f) and (g), is guilty of a Class H felony and shall be fined not less than $600 and imprisoned for not less than 6 months if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1), equals 4 and the person committed an offense that resulted in a suspension, revocation, or other conviction counted under s. 343.307 (1) within 5 years prior to the day of current offense, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.
Section
43
.
346.65 (2) (am) 6. of the statutes is amended to read:
346.65
(2)
(am) 6. Except as provided in par. (f), is guilty of a Class G felony if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1), equals 7, 8, or 9, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.
The confinement portion of a bifurcated sentence imposed on the person under s. 973.01 shall be not less than 3 years.
Section
44
.
346.65 (2) (am) 7. of the statutes is amended to read:
346.65
(2)
(am) 7. Except as provided in par. (f), is guilty of a Class F felony if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1), equals 10 or more except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.
The confinement portion of a bifurcated sentence imposed on the person under s. 973.01 shall be not less than 4 years.
Section
45
.
346.65 (2) (bm) of the statutes is amended to read:
346.65
(2)
(bm) In
Winnebago County,
any county that opts to offer a reduced minimum period of imprisonment for the successful completion of a probation period that includes alcohol and other drug treatment,
if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1) within a 10-year period, equals 2, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the fine shall be the same as under par. (am) 2., but the period of imprisonment shall be not less than 5 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 5 nor more than 7 days. A person may be sentenced under this paragraph or under par. (cm)
or (dm)
or sub. (2j) (bm)
or
,
(cm)
, or (cr)
or (3r) once in his or her lifetime.
Section
46
.
346.65 (2) (cm) of the statutes is amended to read:
346.65
(2)
(cm) In
Winnebago County
any county that opts to offer a reduced minimum period of imprisonment for the successful completion of a probation period that includes alcohol and other drug treatment
, if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1)
within a 10-year period,
equals 3, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the fine shall be the same as under par. (am) 3., but the period of imprisonment shall be not less than
30
45
days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than
10
14
days. A person may be sentenced under this paragraph or under par. (bm)
or (dm)
or sub. (2j) (bm)
or
,
(cm)
, or (cr)
or (3r) once in his or her lifetime.
Section
47
.
346.65 (2) (dm) of the statutes is created to read:
346.65
(2)
(dm) In any county that opts to offer a reduced minimum period of imprisonment for the successful completion of a probation period that includes alcohol and other drug treatment, if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1) equals 4, and par. (am) 4m. does not apply, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the fine shall be the same as under par. (am) 4., but the period of imprisonment shall be not less than 60 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 29 days. A person may be sentenced under this paragraph or under par. (bm) or (cm) or sub. (2j) (bm), (cm), or (cr) or (3r) once in his or her lifetime.
Section
48
.
346.65 (2) (f) of the statutes is renumbered 346.65 (2) (f) 2. and amended to read:
346.65
(2)
(f) 2. 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 (1), the applicable minimum and maximum
forfeitures,
fines
, or
and
imprisonment under par. (am)
2. to 7.
for the conviction are doubled. An offense under s. 346.63 (1) that subjects a person to a penalty under par. (am) 3., 4.,
4m.,
5., 6., or 7. when there is a minor passenger under 16 years of age in the motor vehicle is a felony and the place of imprisonment shall be determined under s. 973.02.
Section
49
.
346.65 (2) (f) 1. of the statutes is created to read:
346.65
(2)
(f) 1. 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 (1), the person shall be fined not less than $350 nor more than $1,100 and imprisoned for not less than 5 days nor more than 6 months, except as provided in subd. 2.
Section
50
.
346.65 (2c) of the statutes is amended to read:
346.65
(2c)
In sub. (2) (am) 2., 3., 4.,
4m.,
5., 6., and 7., the time period shall be measured from the dates of the refusals or violations that resulted in the revocation or convictions. If a person has a suspension, revocation, or conviction for any offense under a local ordinance or a state statute of another state that would be counted under s. 343.307 (1), that suspension, revocation, or conviction shall count as a prior suspension, revocation, or conviction under sub. (2) (am) 2., 3., 4.,
4m.,
5., 6., and 7.
Section
51
.
346.65 (2g) (a) of the statutes is amended to read:
346.65
(2g)
(a) In addition to the authority of the court under s. 973.05 (3) (a) to provide that a defendant perform community service work for a public agency or a nonprofit charitable organization in lieu of part or all of a fine imposed under sub. (2) (am) 2., 3., 4.,
4m.,
and 5., (f), and (g) and except as provided in par. (ag), the court may provide that a defendant perform community service work for a public agency or a nonprofit charitable organization in lieu of part or all of a forfeiture under sub. (2) (am) 1. or may require a person who is subject to sub. (2) to perform community service work for a public agency or a nonprofit charitable organization in addition to the penalties specified under sub. (2).
Section
52
.
346.65 (2g) (ag) of the statutes is amended to read:
346.65
(2g)
(ag) If the court determines that a person does not have the ability to pay a fine imposed under sub. (2) (am) 2., 3., 4.,
4m.,
or 5., (f), or (g), the court shall require the defendant to perform community service work for a public agency or a nonprofit charitable organization in lieu of paying the fine imposed or, if the amount of the fine was reduced under sub. (2e), in lieu of paying the remaining amount of the fine. Each hour of community service performed in compliance with an order under this paragraph shall reduce the amount of the fine owed by an amount determined by the court.
Section
53
.
346.65 (2j) (am) 3. of the statutes is amended to read:
346.65
(2j)
(am) 3. Except as provided in pars. (cm)
, (cr),
and (d), shall be fined not less than $600 nor more than $2,000 and imprisoned for not less than
30
45
days nor more than one year in the county jail if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other convictions, suspensions, and revocations
,
counted under s. 343.307 (2), equals 3 or more.
Section
54
.
346.65 (2j) (bm) of the statutes is amended to read:
346.65
(2j)
(bm) In
Winnebago County
any county that opts to offer a reduced minimum period of imprisonment for the successful completion of a probation period that includes alcohol and other drug treatment
, if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1) within a 10-year period, equals 2, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the fine shall be the same as under par. (am) 2., but the period of imprisonment shall be not less than 5 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 5 nor more than 7 days. A person may be sentenced under this paragraph or under par. (cm)
or (cr)
or sub. (2) (bm)
or
,
(cm)
, or (dm)
or (3r) once in his or her lifetime.
Section
55
.
346.65 (2j) (cm) of the statutes is amended to read:
346.65
(2j)
(cm) In
Winnebago County
any county that opts to offer a reduced minimum period of imprisonment for the successful completion of a probation period that includes alcohol and other drug treatment
, if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1)
within a 10-year period,
equals 3
or more
, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the fine shall be the same as under par. (am) 3., but the period of imprisonment shall be not less than
30
45
days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than
10
14
days. A person may be sentenced under this paragraph or under par. (bm)
or (cr)
or sub. (2) (bm)
or
,
(cm)
, or (dm)
or (3r) once in his or her lifetime.
Section
56
.
346.65 (2j) (cr) of the statutes is created to read:
346.65
(2j)
(cr) In any county that opts to offer a reduced minimum period of imprisonment for the successful completion of a probation period that includes alcohol and other drug treatment, if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s. 343.307 (1) equals 4, and sub. (2) (am) 4m. does not apply, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the fine shall be the same as under par. (am) 3., but the period of imprisonment shall be not less than 60 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 29 days. A person may be sentenced under this paragraph or under par. (bm) or (cm) or sub. (2) (bm), (cm), or (dm) or (3r) once in his or her lifetime.
Section
57
.
346.65 (2q) of the statutes is amended to read:
346.65
(2q)
Any person violating s. 346.63 (2m) 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 346.63 (2m), the
forfeiture is
person shall be fined
$400.
Section
58
.
346.65 (3m) of the statutes is amended to read:
346.65
(3m)
Except as provided in sub.
(3p) or
(3r), any person violating s. 346.63 (2) or (6) shall be fined not less than $300 nor more than $2,000 and may be imprisoned for not less than 30 days nor more than one year in the county jail. 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 (2) or (6), the offense is a felony, the applicable minimum and maximum fines or periods of imprisonment for the conviction are doubled and the place of imprisonment shall be determined under s. 973.02.
Section
59
.
346.65 (3p) of the statutes is created to read:
346.65
(3p)
Any person violating s. 346.63 (2) or (6) is guilty of a Class H felony if the person has one or more prior convictions, suspensions, or revocations, as counted under s. 343.307 (1). 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 (2) or (6), the offense is a felony and the applicable maximum fines or periods of imprisonment for the conviction are doubled.
Section
60
.
346.65 (3r) of the statutes is amended to read:
346.65
(3r)
In
Winnebago County
any county that opts to offer a reduced minimum period of imprisonment for the successful completion of a probation period that includes alcohol and other drug treatment
, any person violating s. 346.63 (2) or (6) shall be fined the same as under sub. (3m), but the period of imprisonment shall be not less than 30 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 15 days. 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 (2) or (6), the offense is a felony, the applicable minimum and maximum fines or periods of imprisonment for the conviction are doubled and the place of imprisonment shall be determined under s. 973.02. A person may be sentenced under this subsection or under sub. (2) (bm) or (cm) or (2j) (bm) or (cm) once in his or her lifetime.
This subsection does not apply to a person sentenced under sub. (3p).
Section
61
.
346.65 (6) of the statutes is repealed.
Section
62
.
346.65 (7) of the statutes is amended to read:
346.65
(7)
A person convicted under sub. (2) (am) 2., 3., 4.,
4m.,
5., 6., or 7. or (2j) (am) 2. or 3. shall be required to remain in the county jail for not less than a 48-consecutive-hour period.
Section
63
.
346.65 (8) of the statutes is repealed.
Section
64
.
346.655 (1) of the statutes is amended to read:
346.655
(1)
If a court imposes a fine or a forfeiture for a violation of s. 346.63 (1) or (5),
except for a first violation of s. 346.63 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation,
or a local ordinance in conformity therewith, or s. 346.63 (2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, it shall impose a driver improvement surcharge under ch. 814 in an amount of $365 in addition to the fine or forfeiture, plus costs, fees, and other surcharges imposed under ch. 814.
Section
65
.
347.413 (title) and (1) of the statutes are amended to read:
347.413
(title)
Ignition interlock device tampering
; failure to install
.
(1)
No person may remove, disconnect, tamper with, or otherwise circumvent the operation of an ignition interlock device installed in response to the court order under s. 346.65 (6), 1999 stats., or s. 343.301 (1)
, or fail to have the ignition interlock device installed as ordered by the court
. This subsection does not apply to the removal of an ignition interlock device upon the expiration of the order requiring the motor vehicle to be so equipped or to necessary repairs to a malfunctioning ignition interlock device by a person authorized by the department.
Section
66
.
347.417 (1) of the statutes is amended to read:
347.417
(1)
No person may remove, disconnect, tamper with, or otherwise circumvent the operation of any immobilization device installed in response to a court order under s. 346.65 (6), 1999 stats., or s. 343.301 (2)
, 2007 stats
. This subsection does not apply to the removal of an immobilization device pursuant to a court order or to necessary repairs to a malfunctioning immobilization device.
Section
67
.
347.417 (2) of the statutes is amended to read:
347.417
(2)
The department shall design a warning label which shall be affixed by the owner of each immobilization device before the device is used to immobilize any motor vehicle under s. 346.65 (6), 1999 stats., or s. 343.301 (2)
, 2007 stats
. The label shall provide notice of the penalties for removing, disconnecting, tampering with, or otherwise circumventing the operation of the immobilization device.
Section
68
.
347.50 (1s) of the statutes is amended to read:
347.50
(1s)
Any person violating s. 347.413 (1) or 347.417 (1) may be
required to forfeit
fined
not less than $150 nor more than $600
, or may be imprisoned for not more than 6 months, or both
for the first offense. For a 2nd or subsequent conviction within 5 years, the person may be fined not less than $300 nor more than $1,000
,
or imprisoned for not more than 6 months
,
or both.
Section
69
.
347.50 (1t) of the statutes is created to read:
347.50
(1t)
In addition to the penalty under sub. (1s), if a person who is subject to an order under s. 343.301 violates s. 347.413, the court shall extend the order under s. 343.301 (1g) or (2m) for 6 months for each violation.
Section
70
.
757.05 (1) (a) of the statutes is amended to read:
757.05
(1)
(a) Whenever a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5),
or for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation,
or for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations, violations under s. 343.51 (1m) (b), or safety belt use violations under s. 347.48 (2m), there shall be imposed in addition a penalty surcharge under ch. 814 in an amount of 26 percent of the fine or forfeiture imposed. If multiple offenses are involved, the penalty surcharge shall be based upon the total fine or forfeiture for all offenses. When a fine or forfeiture is suspended in whole or in part, the penalty surcharge shall be reduced in proportion to the suspension.
Section
71
.
814.60 (1) of the statutes is amended to read:
814.60
(1)
In a criminal action, the clerk of circuit court shall collect a fee of
$20
$163
for all necessary filing, entering, or recording, to be paid by the defendant when judgment is entered against the defendant. Of the fees received by the clerk of circuit court under this subsection, the county treasurer shall pay
50%
93.87 percent
to the secretary of administration for deposit in the general fund and shall retain the balance for the use of the county.
Section
72
.
814.63 (1) (c) of the statutes is amended to read:
814.63
(1)
(c) This subsection does not apply to an action for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5),
for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or
for a violation under s. 343.51 (1m) (b)
,
or a safety belt use violation under s. 347.48 (2m).
Section
73
.
814.63 (2) of the statutes is amended to read:
814.63
(2)
Upon the disposition of a forfeiture action in circuit court for violation of a county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district ordinance, except for an action
for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or
for a violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m), the county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district shall pay a nonrefundable fee of $5 to the clerk of circuit court.
Section
74
.
814.65 (1) of the statutes is amended to read:
814.65
(1)
Court costs.
In a municipal court action, except for an action
for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or
for a violation of an ordinance in conformity with s. 343.51 (1m) (b) or 347.48 (2m), the municipal judge shall collect a fee of not less than $15 nor more than $28 on each separate matter, whether it is on default of appearance, a plea of guilty or no contest, on issuance of a warrant or summons, or the action is tried as a contested matter. Of each fee received by the judge under this subsection, the municipal treasurer shall pay monthly $5 to the secretary of administration for deposit in the general fund and shall retain the balance for the use of the municipality.
Section
75
.
814.65 (1) of the statutes, as affected by
2009 Wisconsin Acts 28
and .... (this act), is repealed and recreated to read:
814.65
(1)
Court costs.
In a municipal court action, for a financial responsibility violation under s. 344.62 (2) or for a violation of an ordinance in conformity with s. 343.51 (1m) (b) or 347.48 (2m), the municipal judge shall collect a fee of not less than $15 nor more than $28 on each separate matter, whether it is on default of appearance, a plea of guilty or no contest, on issuance of a warrant or summons, or the action is tried as a contested matter. Of each fee received by the judge under this subsection, the municipal treasurer shall pay monthly $5 to the secretary of administration for deposit in the general fund and shall retain the balance for the use of the municipality.
Section
76
.
814.75 (9m) of the statutes is created to read:
814.75
(9m)
The ignition interlock surcharge under s. 343.301 (5).
Section
77
.
814.76 (7m) of the statutes is created to read:
814.76
(7m)
The ignition interlock surcharge under s. 343.301 (5).
Section
78
.
814.78 (7m) of the statutes is created to read:
814.78
(7m)
The ignition interlock surcharge under s. 343.301 (5).
Section
79
.
814.79 (4r) of the statutes is created to read:
814.79
(4r)
The ignition interlock surcharge under s. 343.301 (5).
Section
80
.
814.85 (1) (a) of the statutes is amended to read:
814.85
(1)
(a) Except for an action for
a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for
a violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $68 court support services surcharge from any person, including any governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am) or 814.63 (1).
Section
81
.
814.85 (1) (a) of the statutes, as affected by
2009 Wisconsin Acts 28
and .... (this act), is repealed and recreated to read:
814.85
(1)
(a) Except for an action for a financial responsibility violation under s. 344.62 (2), or for a violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $68 court support services surcharge from any person, including any governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am) or 814.63 (1).
814.86
(1)
Except for an action for
a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for
a violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $21.50 justice information system surcharge from any person, including any governmental unit, as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62 (1), (2), or (3) (a) or (b), or 814.63 (1). The justice information system surcharge is in addition to the surcharge listed in sub. (1m).
Section
83
.
814.86 (1) of the statutes, as affected by
2009 Wisconsin Act 28
, section
3240m
, and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:
814.86
(1)
Except for an action for a financial responsibility violation under s. 344.62 (2), or for a violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $21.50 justice information system surcharge from any person, including any governmental unit, as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62 (1), (2), or (3) (a) or (b), or 814.63 (1). The justice information system surcharge is in addition to the surcharge listed in sub. (1m).
Section
84
.
940.09 (1d) of the statutes is repealed and recreated to read:
940.09
(1d)
A person who violates sub. (1) is subject to the requirements and procedures for installation of an ignition interlock device under s. 343.301.
Section
85
.
940.25 (1d) of the statutes is repealed and recreated to read:
940.25
(1d)
A person who violates sub. (1) is subject to the requirements and procedures for installation of an ignition interlock device under s. 343.301.
Section
86
.
969.01 (2) (a) of the statutes is amended to read:
969.01
(2)
(a) Release pursuant to s. 969.02 or 969.03 may be allowed in the discretion of the trial court after conviction and prior to sentencing or the granting of probation.
This paragraph does not apply to a conviction for a 3rd or subsequent violation that is counted as a suspension, revocation, or conviction under s. 343.307, or under s. 940.09 (1) or 940.25 in the person's lifetime, or a combination thereof.
Section
87
.
973.05 (2m) (rm) of the statutes is created to read:
973.05
(2m)
(rm) To the payment of the ignition interlock surcharge under s. 343.301 (5) until paid in full.
Section
88
.
973.09 (1) (d) (intro.) of the statutes is renumbered 973.09 (1) (d) and amended to read:
973.09
(1)
(d) If a person is convicted of an offense that provides a mandatory or presumptive minimum period of one year or less of imprisonment, a court may place the person on probation under par. (a) if the court requires, as a condition of probation, that the person be confined under sub. (4) for at least that mandatory or presumptive minimum period. The person is eligible to earn good time credit calculated under s. 302.43 regarding the period of confinement.
This paragraph does not apply if the conviction is for any of the following:
Section
89
.
973.09 (1) (d) 1. of the statutes is repealed.
Section
90
.
973.09 (1) (d) 2. of the statutes is repealed.
Section
91
.
973.09 (1) (d) 3. of the statutes is repealed.
Section
92
.
973.09 (2) (am) of the statutes is created to read:
973.09
(2)
(am) Notwithstanding par. (a) 1. d., and except as provided in par. (a) 2., for a misdemeanor punishable under s. 346.65 (2) (am) 4., not less than 6 months nor more than 3 years.
Section
93
.
973.15 (8) (a) 3. of the statutes is amended to read:
973.15
(8)
(a) 3. For not more than 60 days
, except that the court may not stay execution of a person's sentence of imprisonment or to the intensive sanctions program under this subdivision if the sentence is for a 3rd or subsequent violation that is counted as a suspension, revocation, or conviction under s. 343.307, or a violation of s. 940.09 (1) or 940.25 in the person's lifetime, or a combination thereof
.
[
2007 Wisconsin Act 20
] Section 9201 (1c) (a) Notwithstanding sections 20.001 (3) (a) to (c) and 25.40 (3) of the statutes, but subject to paragraph (d), the secretary of administration shall lapse to the general fund or transfer to the general fund from the unencumbered balances of appropriations to executive branch state agencies, other than sum sufficient appropriations and appropriations of federal revenues, an amount equal to $200,000,000 during the 2007-09 fiscal biennium and $200,000,000 during the 2009-11 fiscal biennium. This paragraph shall not apply to appropriations to the Board of Regents of the University of Wisconsin System and to the technical college system board
or to the appropriation account under section 20.410 (1) (bd) of the statutes
.
[
2009 Wisconsin Act 2
] Section 9201 (1) (b) Notwithstanding section 20.001 (3) (a) to (c) and 25.40 (3) of the statutes, but subject to paragraph (c), the secretary of administration shall lapse or transfer to the general fund from the unencumbered balances of appropriations to executive branch state agencies, other than sum sufficient appropriations and appropriations of federal revenues, an amount equal to $125,000,000 before July 1, 2011. The amounts lapsed or transferred under this paragraph shall be in addition to the amounts lapsed or transferred under
2007 Wisconsin Act 20
, section
9201 (1c) (a)
to (c). The amount required to be lapsed or transferred under this paragraph is increased by an additional $354,807,600 from available balances in appropriations and funds.
No moneys may be lapsed under this paragraph from the appropriation account under section 20.410 (1) (bd) of the statutes.
Section
94
.
Nonstatutory provisions.
(1)
The department of administration, on behalf of and with the assistance of the state public defender, district attorneys, the director of state courts, the department of justice, and the department of corrections, shall, not later than 60 days after the effective date of this subsection, submit to the joint committee on finance a request for funding for a proposed number of created positions and a request for funding necessary to process offenses related to operating a motor vehicle while under the influence of an intoxicant, a controlled substance, a controlled substance analog, or any combination of an intoxicant, a controlled substance, and a controlled substance analog, under the influence of any other drug to a degree that renders him or her incapable of safely driving, or under the combined influence of an intoxicant and any other drug to a degree that renders him or her incapable of safely driving or operating a motor vehicle with a prohibited alcohol concentration or a detectable amount of a restricted controlled substance in his or her blood.
Section
95
.
Fiscal changes.
(1)
In the schedule under section 20.005 (3) of the statutes for the appropriation to the joint committee on finance under section 20.865 (4) (a) of the statutes, as affected by the acts of 2009, the dollar amount is increased by $8,800,000 for the second fiscal year of the fiscal biennium in which this subsection takes effect to fund increased state costs associated with this act.
Section
96
.
Initial applicability.
(1) This act first applies to violations that are committed or refusals that occur on the effective date of this subsection, but does not preclude the counting of other convictions, suspensions, or revocations as prior convictions, suspensions, or revocations for purposes of administrative action by the department of transportation, sentencing by a court, or revocation or suspension of motor vehicle operating privileges.
Section
97
.
Effective dates.
This act takes effect on July 1, 2010, except as follows:
(1) The repeal and recreation of sections 343.10 (2) (a) (intro.) and 343.23 (2) (b) of the statutes takes effect on the day after publication, or on the date on which the creation of section 343.165 of the statutes by
2007 Wisconsin Act 20
takes effect, whichever is later.
(2)
The repeal of section 346.65 (8) of the statutes, the amendment of section 346.65 (2) (bm) and (cm), (2j) (bm) and (cm), and (3r) of the statutes, and the creation of sections 346.65 (2) (dm) and (2j) (cr) of the statutes and
Sections
94 and 95 of this act take effect on the day after publication.
