SB379,3,3

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1343.10 (5) (b) Limitations. Occupational licenses are subject to the limitations
2specified in ss. 343.30 (1q) (b), (bm) and (h), 343.305 (8) (d) and (10) (b) and (em),
3343.31 (3m), 343.32 (1m) and 767.303 and 961.50.

SB379,3,65 343.30 (1q) (b) (intro.) For persons convicted under s. 346.63 (1) or a local
6ordinance in conformity therewith whose alcohol concentration is less than 0.18:

SB379,3,98 343.30 (1q) (bm) For persons convicted under s. 346.63 (1) or a local ordinance
9in conformity therewith whose alcohol concentration is 0.18 or greater:

SB379,3,1610 1. The court shall suspend or revoke the person's operating privilege under this
11paragraph according to the number of previous suspensions, revocations or
12convictions that would be counted under s. 343.307 (1). Suspensions, revocations
13and convictions arising out of the same incident shall be counted as one. If a person
14has a conviction, suspension or revocation for any offense that is counted under s.
15343.307 (1), that conviction, suspension or revocation shall count as a prior
16conviction, suspension or revocation under this subdivision.

SB379,3,2117 2. Except as provided in subd. 4., for the first conviction, the court shall revoke
18the person's operating privilege for not less than one year nor more than 18 months.
19After the first 60 days of the revocation period, the person is eligible for an
20occupational license under s. 343.10 if he or she has completed the assessment and
21is complying with the driver safety plan ordered under par. (c).

SB379,4,222 3. Except as provided in subd. 4., if the number of convictions, suspensions and
23revocations within a 10-year period equals 2 or more, the court shall revoke the
24person's operating privilege for not less than 2 years nor more than 3 years. After
25the first 90 days of the revocation period, the person is eligible for an occupational

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1license under s. 343.10 if he or she has completed the assessment and is complying
2with the driver safety plan ordered under par. (c).

SB379,4,63 4. If there was a minor passenger under 16 years of age in the motor vehicle
4at the time of the violation that gave rise to the conviction under s. 346.63 (1) or a
5local ordinance in conformity with s. 346.63 (1), the applicable minimum and
6maximum revocation periods under subd. 2. or 3. for the conviction are doubled.

SB379,4,97 5. The 10-year period under this paragraph shall be measured from the dates
8of the refusals or violations which resulted in the suspensions, revocations or
9convictions.

SB379,4,1611 343.305 (10) (b) 3. Except as provided in subd. 4m., if the number of convictions,
12suspensions and revocations in a 5-year period equals 2, the court shall revoke the
13person's operating privilege for not less than 2 years nor more than 3 years. After
14the first 90 days of the revocation period, the person is eligible for an occupational
15license under s. 343.10 if he or she has completed the assessment and is complying
16with the driver safety plan.

SB379,5,318 343.305 (10) (em) One penalty for improperly refusing to submit to a test for
19intoxication regarding a person arrested for a violation of s. 346.63 (2m) or (7) or a
20local ordinance in conformity therewith is revocation of the person's operating
21privilege for 6 months. If there was a minor passenger under 16 years of age in the
22motor vehicle at the time of the incident that gave rise to the improper refusal, the
23revocation period is 12 months. After the first 15 days of the revocation period, the
24person is eligible for an occupational license under s. 343.10. Any such improper
25refusal or revocation for the refusal does not count as a prior refusal or a prior

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1revocation under this section or ss. 343.30 (1q), 343.307 and 346.65 (2) and (2bg). The
2person shall not be required to submit to and comply with any assessment or driver
3safety plan under pars. (c) and (d).

SB379,5,75 343.307 (1) (intro.) The court shall count the following to determine the length
6of a revocation or suspension under s. 343.30 (1q) (b) or (bm) and to determine the
7penalty under s. 346.65 (2) or (2bg):

SB379,5,159 343.307 (3) If the same elements of the offense must be proven under a local
10ordinance or under a law of a federally recognized American Indian tribe or band in
11this state as under s. 346.63 (1) (a) or (b) or both, or s. 346.63 (5), the local ordinance
12or the law of a federally recognized American Indian tribe or band in this state shall
13be considered to be in conformity with s. 346.63 (1) (a) or (b) or both, or s. 346.63 (5),
14for purposes of ss. 343.30 (1q) (b) 1. and (bm) 1., 343.305 (10) (b) 1. and 346.65 (2),
15(2bg) and (2j).

SB379,5,1917 343.31 (3) (bm) (intro.) For any person convicted under a law of a federally
18recognized American Indian tribe or band in this state in conformity with s. 346.63
19(1) whose alcohol concentration is less than 0.18:

SB379,5,2321 343.31 (3) (br) For any person convicted under a law of a federally recognized
22American Indian tribe or band in this state in conformity with s. 346.63 (1) whose
23alcohol concentration is 0.18 or greater:

SB379,6,524 1. The department shall suspend or revoke the person's operating privilege
25under this paragraph according to the number of previous suspensions, revocations

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1or convictions that would be counted under s. 343.307 (1). Suspensions, revocations
2and convictions arising out of the same incident shall be counted as one. If a person
3has a conviction, suspension or revocation for any offense that is counted under s.
4343.307 (1), that conviction, suspension or revocation shall count as a prior
5conviction, suspension or revocation under this subdivision.

SB379,6,126 2. Except as provided in subd. 4., for the first conviction, the department shall
7revoke the person's operating privilege for not less than one year nor more than 18
8months. If an Indian tribal court in this state revokes the person's privilege to
9operate a motor vehicle on tribal lands for not less than one year nor more than 18
10months for the conviction specified in par. (br) (intro.), the department shall impose
11the same period of revocation. After the first 60 days of the revocation period, the
12person is eligible for an occupational license under s. 343.10.

SB379,6,2013 3. Except as provided in subd. 4., if the number of suspensions, revocations and
14convictions within a 10-year period equals 2 or more, the department shall revoke
15the person's operating privilege for not less than 2 years nor more than 3 years. If
16an Indian tribal court in this state revokes the person's privilege to operate a motor
17vehicle on tribal lands for not less than 2 years nor more than 3 years for the
18conviction specified in par. (br) (intro.), the department shall impose the same period
19of revocation. After the first 90 days of the revocation period, the person is eligible
20for an occupational license under s. 343.10.

SB379,6,2421 4. If the Indian tribal court that convicted the person determined that there
22was a minor passenger under 16 years of age in the motor vehicle at the time of the
23incident that gave rise to the conviction, the applicable minimum and maximum
24suspension or revocation periods under subd. 2. or 3. for the conviction are doubled.

SB379,7,3

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15. The 10-year period under this paragraph shall be measured from the dates
2of the refusals or violations which resulted in the suspensions, revocations or
3convictions.

SB379,7,65 346.65 (2) (intro.) Any person violating s. 346.63 (1) whose alcohol
6concentration is less than 0.18:

SB379,7,98 346.65 (2bg) Any person violating s. 346.63 (1) whose alcohol concentration is
90.18 or greater:

SB379,7,1110 (a) Except as provided in par. (e), shall be fined not less than $300 nor more than
11$1,000 and imprisoned for not less than 5 days nor more than 6 months.

SB379,7,1612 (b) Except as provided in par. (e), shall be fined not less than $600 nor more than
13$2,000 and imprisoned for not less than 30 days nor more than one year in the county
14jail if the total number of suspensions, revocations and convictions counted under s.
15343.307 (1) equals 2 in a 10-year period, except that suspensions, revocations or
16convictions arising out of the same incident or occurrence shall be counted as one.

SB379,7,2217 (c) Except as provided in par. (e), shall be fined not less than $1,000 nor more
18than $2,500 and imprisoned for not less than 60 days nor more than one year in the
19county jail if the total number of suspensions, revocations and convictions counted
20under s. 343.307 (1) equals 3 in a 10-year period, except that suspensions,
21revocations or convictions arising out of the same incident or occurrence shall be
22counted as one.

SB379,8,323 (d) Except as provided in par. (e), shall be fined not less than $1,000 nor more
24than $3,000 and imprisoned for not less than 6 months nor more than one year in the
25county jail if the total number of suspensions, revocations and convictions counted

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1under s. 343.307 (1) equals 4 or more in a 10-year period, except that suspensions,
2revocations or convictions arising out of the same incident or occurrence shall be
3counted as one.

SB379,8,104 (e) If there was a minor passenger under 16 years of age in the motor vehicle
5at the time of the violation that gave rise to the conviction under s. 346.63 (1), the
6applicable minimum and maximum fines or imprisonment under pars. (a), (b), (c)
7and (d) for the conviction are doubled. An offense under s. 346.63 (1) that subjects
8a person to a penalty under par. (b), (c) or (d) when there is a minor passenger under
916 years of age in the motor vehicle is a felony and the place of imprisonment shall
10be determined under s. 973.02.

SB379,8,1812 346.65 (2c) In sub. subs. (2) (b) to (e) and (2bg) (b) to (d), the 5-year or 10-year
13period shall be measured from the dates of the refusals or violations that resulted in
14the revocation or convictions. If a person has a suspension, revocation or conviction
15for any offense under a local ordinance or a state statute of another state that would
16be counted under s. 343.307 (1), that suspension, revocation or conviction shall count
17as a prior suspension, revocation or conviction under sub. subs. (2) (b) to (e) and (2bg)
18(b) to (d).

SB379,9,220 346.65 (2e) If the court determines that a person does not have the ability to
21pay the costs and fine or forfeiture imposed under sub. (2) (a), (b), (c), (d), (e) or (f) or
22(2bg), the court may reduce the costs, fine and forfeiture imposed and order the
23person to pay, toward the cost of the assessment and driver safety plan imposed
24under s. 343.30 (1q) (c), the difference between the amount of the reduced costs and

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1fine or forfeiture and the amount of costs and fine or forfeiture imposed under sub.
2(2) (a), (b), (c), (d), (e) or (f) or (2bg).

SB379,9,204 346.65 (2g) (a) In addition to the authority of the court under s. 973.05 (3) (a)
5to provide that a defendant perform community service work for a public agency or
6a nonprofit charitable organization in lieu of part or all of a fine imposed under sub.
7(2) (b) to (f) or (2bg) (a) to (e), the court may provide that a defendant perform
8community service work for a public agency or a nonprofit charitable organization
9in lieu of part or all of a forfeiture under sub. (2) (a) or may require a person who is
10subject to sub. (2) or (2bg) to perform community service work for a public agency or
11a nonprofit charitable organization in addition to the penalties specified under sub.
12(2) or (2bg). Notwithstanding s. 973.05 (3) (b), an order may only apply if agreed to
13by the organization or agency. The court shall ensure that the defendant is provided
14a written statement of the terms of the community service order and that the
15community service order is monitored. Any organization or agency acting in good
16faith to which a defendant is assigned pursuant to an order under this subsection has
17immunity from any civil liability in excess of $25,000 for acts or omissions by or
18impacting on the defendant. The issuance or possibility of the issuance of a
19community service order under this subsection does not entitle an indigent
20defendant who is subject to sub. (2) (a) to representation by counsel under ch. 977.

SB379,9,2522 346.65 (2i) In addition to the authority of the court under sub. (2g) and s. 973.05
23(3) (a), the court may order a defendant subject to sub. (2) or (2bg), or a defendant
24subject to s. 973.05 (3) (a) who violated s. 346.63 (2), 940.09 (1) or 940.25, to visit a
25site that demonstrates the adverse effects of substance abuse or of operating a

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1vehicle while under the influence of an intoxicant or other drug, including an
2alcoholism treatment facility approved under s. 51.45 or an emergency room of a
3general hospital in lieu of part or all of any forfeiture imposed or in addition to any
4penalty imposed. The court may order the defendant to pay a reasonable fee, based
5on the person's ability to pay, to offset the costs of establishing, maintaining and
6monitoring the visits ordered under this subsection. The court may order a visit to
7the site only if agreed to by the person responsible for the site. If the opportunities
8available to visit sites under this subsection are fewer than the number of defendants
9eligible for a visit, the court shall, when making an order under this subsection, give
10preference to defendants who were under 21 years of age at the time of the offense.
11The court shall ensure that the visit is monitored. A visit to a site may be ordered
12for a specific time and a specific day to allow the defendant to observe victims of
13vehicle accidents involving intoxicated drivers. If it appears to the court that the
14defendant has not complied with the court order to visit a site or to pay a reasonable
15fee, the court may order the defendant to show cause why he or she should not be held
16in contempt of court. Any organization or agency acting in good faith to which a
17defendant is assigned pursuant to an order under this subsection has immunity from
18any civil liability in excess of $25,000 for acts or omissions by or impacting on the
19defendant. The issuance or possibility of the issuance of an order under this
20subsection does not entitle an indigent defendant who is subject to sub. (2) (a) to
21representation by counsel under ch. 977.

SB379,11,624 346.65 (2m) (a) In imposing a sentence under sub. (2), (2bg) or (2j) for a
25violation of s. 346.63 (1) (b) or (5) or a local ordinance in conformity therewith, the

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1court shall review the record and consider the aggravating and mitigating factors in
2the matter. If the level of the person's blood alcohol level is known, the court shall
3consider that level as a factor in sentencing. The chief judge of each judicial
4administrative district shall adopt guidelines, under the chief judge's authority to
5adopt local rules under SCR 70.34, for the consideration of aggravating and
6mitigating factors.

SB379,11,109 346.65 (2m) (b) The court shall consider a report submitted under s. 85.53 (2)
10(d) when imposing a sentence under sub. (2), (2bg), (2j), (2q) or (3m).

SB379,11,1412 346.65 (7) A person convicted under sub. (2) (b), (c), (d) or (e), (2bg) or (2j) (b)
13or (c) shall be required to remain in the county jail for not less than a
1448-consecutive-hour period.

SB379,12,216 971.17 (1) Commitment period. When a defendant is found not guilty by reason
17of mental disease or mental defect, the court shall commit the person to the
18department of health and family services for a specified period not exceeding
19two-thirds of the maximum term of imprisonment that could be imposed under s.
20973.15 (2) (a) against an offender convicted of the same crime or crimes, including
21imprisonment authorized by ss. 346.65 (2) (f), (2bg) (e), (2j) (d) or (3m), 939.62,
22939.621, 939.63, 939.635, 939.64, 939.641, 939.645, 940.09 (1b) and 940.25 (1b) and
23961.48 and other penalty enhancement statutes, as applicable, subject to the credit
24provisions of s. 973.155. If the maximum term of imprisonment is life, the

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1commitment period specified by the court may be life, subject to termination under
2sub. (5).