LRB-1370/1
PJH:kjf:ph
2009 - 2010 LEGISLATURE
March 9, 2009 - Introduced by Representatives Gundrum, Petersen, Ziegelbauer,
Montgomery, Staskunas, Nass, Townsend, Berceau, Kleefisch, Nerison,
LeMahieu, Spanbauer, Bies, Lothian, Petrowski, A. Ott, Brooks, Mursau,
Strachota, Gottlieb, Richards and Molepske Jr., cosponsored by Senators
Kedzie, Lazich, Plale, Darling and Schultz. Referred to Committee on Public
Safety.
AB130,1,3
1An Act to amend 343.305 (4); and
to create 23.33 (13) (b) 1m., 30.80 (6) (a) 1m.,
2346.65 (2) (am) 1m., 350.11 (3) (a) 1m. and 973.06 (1) (j) of the statutes;
relating
3to: costs of administering tests for intoxication.
Analysis by the Legislative Reference Bureau
Under current law, a law enforcement officer may request a person to provide
a sample of breath, blood, or urine for analysis if the person is arrested for operating
while intoxicated a vehicle, an all-terrain vehicle, a boat, or a snowmobile or for
injury or homicide by intoxicated use of a vehicle (OWI-related offense). Upon the
request of a law enforcement officer, a test facility must perform an analysis of a
person's sample of blood.
Under this bill, if the person is convicted of an OWI-related offense, the person
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 a law
enforcement agency. The bill requires a law enforcement officer 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 an
OWI-related offense.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB130, s. 1
1Section
1. 23.33 (13) (b) 1m. of the statutes is created to read:
AB130,2,52
23.33
(13) (b) 1m. In addition to the forfeiture imposed under subd. 1. or a
3forfeiture imposed pursuant to a local ordinance in conformity with sub. (4c) (a), the
4person shall pay any costs charged to or paid by a law enforcement agency for the
5withdrawal, testing, or analysis of the person's blood under sub. (4p).
AB130, s. 2
6Section
2. 30.80 (6) (a) 1m. of the statutes is created to read:
AB130,2,107
30.80
(6) (a) 1m. In addition to the forfeiture imposed under subd. 1. or a
8forfeiture imposed pursuant to a local ordinance in conformity with s. 346.63 (1), the
9person shall pay any costs charged to or paid by a law enforcement agency for the
10withdrawal, testing, or analysis of the person's blood under s. 30.684.
AB130, s. 2m
11Section 2m. 343.305 (4) of the statutes is amended to read:
AB130,2,1412
343.305
(4) Information. At the time that a chemical test specimen is
13requested under sub. (3) (a), (am), or (ar), the law enforcement officer shall read the
14following to the person from whom the test specimen is requested:
AB130,2,18
15"You have either been arrested for an offense that involves driving or operating
16a motor vehicle while under the influence of alcohol or drugs, or both, or you are
17suspected of driving or being on duty time with respect to a commercial motor vehicle
18after consuming an intoxicating beverage.
AB130,2,2519
This law enforcement agency now wants to test one or more samples of your
20breath, blood or urine to determine the concentration of alcohol or drugs in your
21system. If any test shows more alcohol in your system than the law permits while
22driving, your operating privilege will be suspended. If you refuse to take any test that
23this agency requests, your operating privilege will be revoked and you will be subject
24to other penalties. The test results or the fact that you refused testing can be used
25against you in court.
AB130,3,7
1If you take all the requested tests, you may choose to take further tests. You
2may take the alternative test that this law enforcement agency provides free of
3charge
, but if you are convicted of a violation of s. 346.63, 940.09, or 940.25 where the
4offense involved the use of a vehicle, you may be required to pay any costs charged
5to or paid by a law enforcement agency for the withdrawal, testing, or analysis of your
6blood. You also may have a test conducted by a qualified person of your choice at your
7expense. You, however, will have to make your own arrangements for that test.
AB130,3,108
If you have a commercial driver license or were operating a commercial motor
9vehicle, other consequences may result from positive test results or from refusing
10testing, such as being placed out of service or disqualified."
AB130, s. 3
11Section
3. 346.65 (2) (am) 1m. of the statutes is created to read:
AB130,3,1512
346.65
(2) (am) 1m. In addition to the forfeiture imposed under subd. 1. or a
13forfeiture imposed pursuant to a local ordinance in conformity with s. 346.63 (1), the
14person shall pay any costs charged to or paid by a law enforcement agency for the
15withdrawal, testing, or analysis of the person's blood under s. 343.305.
AB130, s. 4
16Section
4. 350.11 (3) (a) 1m. of the statutes is created to read:
AB130,3,2017
350.11
(3) (a) 1m. In addition to the forfeiture imposed under subd. 1. or a
18forfeiture imposed pursuant to a local ordinance in conformity with s. 350.101 (1),
19the person shall pay any costs charged to or paid by a law enforcement agency for the
20withdrawal, testing, or analysis of the person's blood under s. 350.104.
AB130, s. 5
21Section
5. 973.06 (1) (j) of the statutes is created to read:
AB130,3,2422
973.06
(1) (j) Any costs charged to or paid by a law enforcement agency for the
23withdrawal, testing, or analysis of the person's blood under s. 23.33 (4p), 30.684,
24343.305, or 350.104.
AB130,4,2
1(1) This act first applies to a blood withdrawal that occurs on the effective date
2of this subsection.
