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).
AB79,6,2019 (b) Provides a copy of the complaint charging the commission or attempted
20commission of the present offense specified in sub. (2) (a) or, (b), or (c).
AB79, s. 16 21Section 16. 969.035 (6) (a) of the statutes is amended to read:
AB79,7,322 969.035 (6) (a) The state has the burden of going forward and proving by clear
23and convincing evidence that the defendant committed an offense specified under
24sub. (2) (a), or that the defendant committed or attempted to commit a violent crime
25subsequent to a prior conviction for a violent crime, or that the defendant committed

1a felony involving serious bodily harm to another or the threat of serious bodily harm
2to another and has at least one previous conviction for a felony involving serious
3bodily harm to another or the threat of serious bodily harm to another
.
AB79, s. 17 4Section 17. Initial applicability.
AB79,7,105 (1) This act first applies to violations committed or refusals occurring on the
6effective date of this subsection, but does not preclude the counting of other
7convictions, suspensions, or revocations as prior convictions, suspensions, or
8revocations for purposes of administrative action by the department of
9transportation, sentencing by a court, or revocation or suspension of motor vehicle
10operating privileges.
AB79,7,1111 (End)
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