LRB-0675/1
PJH:bjk:ph
2009 - 2010 LEGISLATURE
March 24, 2009 - Introduced by Senator A. Lasee, cosponsored by Representatives
Bies and A. Ott. Referred to Committee on Judiciary, Corrections, Insurance,
Campaign Finance Reform, and Housing.
SB130,1,4
1An Act to amend 346.65 (6) (a) 1. and 346.65 (6) (d); and
to create 346.65 (5r)
2and 346.65 (6) (a) 1r. of the statutes;
relating to: surrendering vehicle
3registration plates and the seizure and sale of vehicles used in certain drunken
4driving violations and creating a penalty.
Analysis by the Legislative Reference Bureau
Under current law, a person who is convicted of, or who has his or her driver's
license suspended or revoked for, an offense related to operating a motor vehicle
while intoxicated or using drugs (commits a drunken driving offense) is subject to a
forfeiture for a first offense of not less than $150 nor more than $300, or a fine that
increases with each subsequent offense and ranges from a minimum of $350 to a
maximum of $25,000, and a term of imprisonment beginning with the second offense,
that also increases with each subsequent offense and ranges from a minimum of five
days to a maximum of 12 years and six months.
Further, under current law a person who commits a drunken driving offense
loses his or her vehicle operating privileges for a period of time, the length of which
depends upon the number of prior offenses committed by the person. Current law
also allows, after a third drunken driving offense, the court to seize and sell the motor
vehicle used in the fourth offense or to require that the vehicle be immobilized or
equipped with an ignition interlock device.
This bill requires a person who commits a second drunken driving offense to
surrender the registration plates for the vehicle used in the offense to a law
enforcement agency for a period of 90 days. A person who commits a third drunken
driving offense must surrender the registration plates for the vehicle used in the
offense to a law enforcement agency for a period of 180 days. Under the bill, if a
person commits a fourth or subsequent drunken driving offense, the court is required
to order that the vehicle used in the offense be seized and sold.
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:
SB130, s. 1
1Section
1. 346.65 (5r) of the statutes is created to read:
SB130,2,102
346.65
(5r) (a) If the person whose operating privilege is revoked for improper
3refusal under s. 343.305 (10) or who committed a violation of s. 346.63 (1) (a), (am),
4or (b) or (2) (a) 1., 2., or 3., 940.09 (1) (a), (am), (b), (c), (cm), or (d), or 940.25 (1) (a),
5(am), (b), (c), (cm), or (d) has one prior suspension, revocation, or conviction, counting
6a conviction under ss. 940.09 (1) and 940.25 in the person's lifetime, plus a conviction,
7suspension, or revocation counted under s. 343.307, the court shall order the person
8to surrender the vehicle registration plates for the motor vehicle owned by the person
9and used in the improper refusal or violation to a law enforcement agency for a period
10of 90 days.
SB130,3,211
(b) If the person whose operating privilege is revoked for improper refusal
12under s. 343.305 (10) or who committed a violation of s. 346.63 (1) (a), (am), or (b) or
13(2) (a) 1., 2., or 3., 940.09 (1) (a), (am), (b), (c), (cm), or (d), or 940.25 (1) (a), (am), (b),
14(c), (cm), or (d) has 2 or more prior suspensions, revocations, or convictions, counting
15convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus other
16convictions, suspensions, or revocations counted under s. 343.307, the court shall
17order the person to surrender the vehicle registration plates for the motor vehicle
1owned by the person and used in the improper refusal or violation to a law
2enforcement agency for a period of 180 days.
SB130, s. 2
3Section
2. 346.65 (6) (a) 1. of the statutes is amended to read:
SB130,3,174
346.65
(6) (a) 1.
The Except as provided in subd. 1r., the court may order a law
5enforcement officer to seize the motor vehicle used in the violation or improper
6refusal and owned by the person whose operating privilege is revoked under s.
7343.305 (10) or who committed a violation of s. 346.63 (1) (a), (am), or (b) or (2) (a)
81., 2., or 3., 940.09 (1) (a), (am), (b), (c), (cm), or (d), or 940.25 (1) (a), (am), (b), (c), (cm),
9or (d) if the person whose operating privilege is revoked under s. 343.305 (10) or who
10is convicted of the violation has 2 or more prior suspensions, revocations, or
11convictions, counting convictions under ss. 940.09 (1) and 940.25 in the person's
12lifetime, plus other convictions, suspensions, or revocations counted under s. 343.307
13(1).
The Except as provided in subd. 1r., the court may not order a motor vehicle
14seized if the court enters an order under s. 343.301 to immobilize the motor vehicle
15or equip the motor vehicle with an ignition interlock device or if seizure would result
16in undue hardship or extreme inconvenience or would endanger the health and
17safety of a person.
SB130, s. 3
18Section
3. 346.65 (6) (a) 1r. of the statutes is created to read:
SB130,4,219
346.65
(6) (a) 1r. The court shall order a law enforcement officer to seize the
20motor vehicle used in the violation or improper refusal and owned by the person
21whose operating privilege is revoked under s. 343.305 (10) or who committed a
22violation of s. 346.63 (1) (a), (am), or (b) or (2) (a) 1., 2., or 3., 940.09 (1) (a), (am), (b),
23(c), (cm), or (d), or 940.25 (1) (a), (am), (b), (c), (cm), or (d) if the person whose operating
24privilege is revoked under s. 343.305 (10) or who is convicted of the violation has 3
25or more prior suspensions, revocations, or convictions, counting convictions under ss.
1940.09 (1) and 940.25 in the person's lifetime, plus other convictions, suspensions,
2or revocations counted under s. 343.307 (1).
SB130, s. 4
3Section
4. 346.65 (6) (d) of the statutes is amended to read:
SB130,4,144
346.65
(6) (d) At the hearing set under par. (c), the state has the burden of
5proving to a reasonable certainty by the greater weight of the credible evidence that
6the motor vehicle seized under par. (a)
1. is a motor vehicle used in the violation or
7the improper refusal and owned by a person who committed a violation of s. 346.63
8(1) (a), (am), or (b) or (2) (a) 1., 2., or 3., 940.09 (1) (a), (am), (b), (c), (cm), or (d) or 940.25
9(1) (a), (am), (b), (c), (cm), or (d) and that the person had 2 or more prior convictions,
10suspensions or revocations, counting convictions under ss. 940.09 (1) and 940.25 in
11the person's lifetime, plus other convictions, suspensions or revocations counted
12under s. 343.307 (1). If the state fails to meet the burden of proof required under this
13paragraph, the motor vehicle shall be returned to the owner upon the payment of
14storage costs.
SB130,4,2116
(1) This act first applies to violations committed or refusals occurring on the
17effective date of this subsection, but does not preclude the counting of other
18convictions, suspensions, or revocations as prior convictions, suspensions, or
19revocations for purposes of administrative action by the department of
20transportation, sentencing by a court, or revocation or suspension of motor vehicle
21operating privileges.
