LRB-1427/1
PJH&RLR:wlj:ph
2009 - 2010 LEGISLATURE
February 24, 2009 - Introduced by Representatives Kleefisch, Ziegelbauer, Davis,
Kerkman, LeMahieu, Lothian, Montgomery, Mursau, Nass, A. Ott,
Spanbauer, Stone, Strachota, Townsend and Zipperer, cosponsored by
Senators Carpenter, Darling and Leibham. Referred to Committee on Public
Safety.
AB79,1,6
1An Act to renumber and amend 969.035 (1);
to amend 346.65 (2) (am) 3.,
2346.65 (2) (am) 4., 346.65 (2) (am) 5., 346.65 (2) (am) 6., 346.65 (2) (am) 7.,
3938.535, 968.07 (1m), 969.01 (2) (a), (b), (c) and (d), 969.035 (3) (a) and (b) and
4969.035 (6) (a); and
to create 968.077, 968.085 (9), 969.01 (2) (f), 969.035 (1) (a)
5and 969.035 (2) (c) of the statutes;
relating to: release of persons who commit
6operating-while-intoxicated offenses and providing penalties.
Analysis by the Legislative Reference Bureau
Under current law, a person who commits a third offense related to drunken
driving or driving under the influence of an intoxicant or other drug (OWI) must be
fined not less than $600 nor more than $2,000 and imprisoned for not less than 30
days nor more than one year. A person who commits a fourth OWI must be fined not
less than $600 nor more than $2,000 and imprisoned for not less than 60 days nor
more than one year. A person who commits a fifth or sixth OWI is guilty of a Class
H felony and may be fined not less than $600 nor more than $10,000 and imprisoned
for not less than six months nor more than six years, or both. A person who commits
a seventh, eighth, or ninth OWI is guilty of a Class G felony and may be fined not
more than $25,000 or imprisoned for not more than ten years, or both. A person who
commits a tenth or subsequent OWI is guilty of a Class F felony and may be fined not
more than $25,000 or imprisoned for not more than 12 years and six months, or both.
Under this bill, a person who commits a third OWI is guilty of a Class H felony,
although the person must be fined at least $600 but not more than $2,000 and must
be imprisoned for at least 90 days. A person who commits a fourth OWI is guilty of
a Class G felony, although the person must be fined at least $600 but not more than
$2,000 and must be imprisoned for at least one year. A person who commits a fifth
or sixth OWI is guilty of a Class F felony, although the person must be fined at least
$600 and must be imprisoned for at least one year. A person who commits a seventh,
eighth, or ninth OWI is guilty of a Class E felony, and a person who commits a tenth
or subsequent OWI is guilty of a Class D felony. These persons are subject to the
current law penalties for the felony classification.
In addition, this bill requires a law enforcement officer to arrest a person if the
officer has reasonable grounds to believe that the person is committing a third OWI.
The bill grants the circuit court 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. The bill also prohibits the release of a person convicted of a third OWI
before the person begins to serve any period of incarceration imposed for the OWI.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
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:
AB79, s. 1
1Section
1. 346.65 (2) (am) 3. of the statutes is amended to read:
AB79,2,92
346.65
(2) (am) 3. Except as provided in pars. (cm), (f), and (g),
is guilty of a
3Class H felony and, notwithstanding s. 939.50 (3) (h), shall be fined not less than
4$600 nor more than $2,000 and imprisoned for not less than
30 90 days
nor more than
5one year in the county jail if the number of convictions under ss. 940.09 (1) and 940.25
6in the person's lifetime, plus the total number of suspensions, revocations, and other
7convictions counted under s. 343.307 (1), equals 3, except that suspensions,
8revocations, or convictions arising out of the same incident or occurrence shall be
9counted as one.
AB79, s. 2
10Section
2. 346.65 (2) (am) 4. of the statutes is amended to read:
AB79,3,8
1346.65
(2) (am) 4. Except as provided in pars. (f) and (g),
is guilty of a Class G
2felony and, notwithstanding s. 939.50 (3) (g), shall be fined not less than $600 nor
3more than $2,000 and imprisoned for not less than
60 days nor more than one year
4in the county jail if the number of convictions under ss. 940.09 (1) and 940.25 in the
5person's lifetime, plus the total number of suspensions, revocations and other
6convictions counted under s. 343.307 (1), equals 4, except that suspensions,
7revocations or convictions arising out of the same incident or occurrence shall be
8counted as one.
AB79, s. 3
9Section
3. 346.65 (2) (am) 5. of the statutes is amended to read:
AB79,3,1610
346.65
(2) (am) 5. Except as provided in pars. (f) and (g), is guilty of a Class
H 11F felony and
, notwithstanding s. 939.50 (3) (f), shall be fined not less than $600 and
12imprisoned for not less than
6 months one year if the number of convictions under
13ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of
14suspensions, revocations and other convictions counted under s. 343.307 (1), equals
155 or 6, except that suspensions, revocations or convictions arising out of the same
16incident or occurrence shall be counted as one.
AB79, s. 4
17Section
4. 346.65 (2) (am) 6. of the statutes is amended to read:
AB79,3,2218
346.65
(2) (am) 6. Except as provided in par. (f), is guilty of a Class
G E felony
19if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime,
20plus the total number of suspensions, revocations, and other convictions counted
21under s. 343.307 (1), equals 7, 8, or 9, except that suspensions, revocations, or
22convictions arising out of the same incident or occurrence shall be counted as one.
AB79, s. 5
23Section
5. 346.65 (2) (am) 7. of the statutes is amended to read:
AB79,4,324
346.65
(2) (am) 7. Except as provided in par. (f), is guilty of a Class
F D felony
25if the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime,
1plus the total number of suspensions, revocations, and other convictions counted
2under s. 343.307 (1), equals 10 or more except that suspensions, revocations, or
3convictions arising out of the same incident or occurrence shall be counted as one.
AB79, s. 6
4Section
6. 938.535 of the statutes is amended to read:
AB79,4,12
5938.535 Early release and intensive supervision program; limits. The
6department may establish a program for the early release and intensive supervision
7of juveniles who have been placed in a juvenile correctional facility or a secured
8residential care center for children and youth under s. 938.183 or 938.34 (4m). The
9program may not include any juveniles who have been placed in a juvenile
10correctional facility or a secured residential care center for children and youth as a
11result of a delinquent act involving the commission of a violent crime as defined in
12s. 969.035
(1) (b), but not including the crime specified in s. 948.02 (1).
AB79, s. 7
13Section
7. 968.07 (1m) of the statutes is amended to read:
AB79,4,1614
968.07
(1m) Notwithstanding sub. (1), a law enforcement officer shall arrest
15a person when required to do so under s. 813.12 (7), 813.122 (10), 813.125 (6), 813.128
16(1) (b),
or 968.075 (2) (a) or (5) (e)
, or 968.077 (1).
AB79, s. 8
17Section
8. 968.077 of the statutes is created to read:
AB79,4,25
18968.077 Operating while intoxicated; arrest. (1) Notwithstanding s.
19968.07 (1), a law enforcement officer who has reasonable grounds to believe that a
20person is committing or has committed a violation of s. 346.63 (1) or (2), 940.09 (1),
21or 940.25 and has 2 or more prior convictions, suspensions, or revocations, as counted
22under s. 343.307 (1), shall arrest the person and take the person into custody.
23Suspensions, revocations, or convictions arising out of the same incident or
24occurrence shall be counted under this section as one suspension, revocation, or
25conviction.
AB79,5,2
1(2) Unless s. 968.08 applies, a law enforcement officer may not release a person
2whose arrest is required under sub. (1) before the initial appearance under s. 970.01.
AB79, s. 9
3Section
9. 968.085 (9) of the statutes is created to read:
AB79,5,64
968.085
(9) Inapplicability to operating while intoxicated cases. A law
5enforcement officer may not issue a citation to a person for an offense if the officer
6is required to arrest the person for that offense under s. 968.077 (1).
AB79, s. 10
7Section
10. 969.01 (2) (a), (b), (c) and (d) of the statutes are amended to read:
AB79,5,108
969.01
(2) (a)
Release Except as provided in par. (f), release pursuant to s.
9969.02 or 969.03 may be allowed in the discretion of the trial court after conviction
10and prior to sentencing or the granting of probation.
AB79,5,1211
(b)
In Except as provided in par. (f), in misdemeanors, release may be allowed
12upon appeal in the discretion of the trial court.
AB79,5,1413
(c)
In Except as provided in par. (f), in felonies, release may be allowed upon
14appeal in the discretion of the trial court.
AB79,5,1615
(d)
The Except as provided in par. (f), the supreme court or a justice thereof or
16the court of appeals or a judge thereof may allow release after conviction.
AB79, s. 11
17Section
11. 969.01 (2) (f) of the statutes is created to read:
AB79,5,2418
969.01
(2) (f) A person convicted of an offense under s. 346.63 (1) or (2), 940.09
19(1), or 940.25 who has 2 or more prior convictions, suspensions, or revocations, as
20counted under s. 343.307 (1), may not be released under this chapter before he or she
21serves any term of imprisonment required or imposed in connection with the
22conviction. Suspensions, revocations, or convictions arising out of the same incident
23or occurrence shall be counted under this paragraph as one prior suspension,
24revocation, or conviction.
AB79, s. 12
1Section
12. 969.035 (1) of the statutes is renumbered 969.035 (1) (intro.) and
2amended to read:
AB79,6,33
969.035
(1) (intro.) In this section
, "violent:
AB79,6,6
4(b) "Violent crime" means any crime specified in s. 940.01, 940.02, 940.03,
5940.05, 940.06, 940.07, 940.08, 940.10, 940.19 (5), 940.195 (5), 940.21, 940.225 (1),
6940.23, 941.327, 948.02 (1) or (2), 948.025, 948.03, or 948.085.
AB79, s. 13
7Section
13. 969.035 (1) (a) of the statutes is created to read:
AB79,6,108
969.035
(1) (a) "Felony involving serious bodily harm to another or the threat
9of serious bodily harm to another" means a felony under s. 346.63 (1) or (2), 940.09
10(1), or 940.25.
AB79, s. 14
11Section
14. 969.035 (2) (c) of the statutes is created to read:
AB79,6,1512
969.035
(2) (c) A person accused of committing a felony involving serious bodily
13harm to another or the threat of serious bodily harm to another if the person has at
14least one previous conviction for a felony involving serious bodily harm to another
15or the threat of serious bodily harm to another.
AB79, s. 15
16Section
15. 969.035 (3) (a) and (b) of the statutes are amended to read:
AB79,6,1817
969.035
(3) (a) Alleges that the defendant is eligible for denial of release under
18sub. (2) (a)
or, (b)
, or (c).
