SB66, s. 9 16Section 9. 343.301 (1) (c) 2. of the statutes is created to read:
SB66,7,2217 343.301 (1) (c) 2. If the court enters an order under par. (a), the court shall
18determine the amount of the person's income, and, if the person's income is less than
19the income limitations in s. 49.145 (3) (b), the court shall reduce any fine imposed
20upon the person as a result of his or her conviction under s. 346.63 (1) or (2), 940.09
21(1), or 940.25 by the amount necessary to pay for the installation and maintenance
22of the ignition interlock device.
SB66, s. 10 23Section 10. 343.301 (1) (cm) of the statutes is created to read:
SB66,8,224 343.301 (1) (cm) The company that equips the ignition interlock device on a
25motor vehicle may not remove the device or terminate the contract for the

1maintenance of the device during the period that the court ordered under par. (b)
2without the court's permission.
SB66, s. 11 3Section 11. 346.65 (2) (am) 3. of the statutes is amended to read:
SB66,8,104 346.65 (2) (am) 3. Except as provided in subd. 3m. and pars. (cm), (f), and (g),
5shall be fined not less than $600 nor more than $2,000 and imprisoned for not less
6than 30 days nor more than one year in the county jail if the number of convictions
7under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of
8suspensions, revocations, and other convictions counted under s. 343.307 (1), equals
93, except that suspensions, revocations, or convictions arising out of the same
10incident or occurrence shall be counted as one.
SB66, s. 12 11Section 12. 346.65 (2) (am) 3m. of the statutes is created to read:
SB66,8,1712 346.65 (2) (am) 3m. Except as provided in pars. (cm), (f), and (g), is guilty of a
13Class I felony and shall be fined not less than $600 and imprisoned for not less than
1460 days if the number of suspensions, revocations, and other convictions counted
15under s. 343.307 (1) within a 5-year period, equals 3, except that suspensions,
16revocations, or convictions arising out of the same incident or occurrence shall be
17counted as one.
SB66, s. 13 18Section 13. 346.65 (2) (am) 4. of the statutes is amended to read:
SB66,8,2519 346.65 (2) (am) 4. Except as provided in pars. (f) and (g), is guilty of a Class I
20felony and
shall be fined not less than $600 nor more than $2,000 and imprisoned
21for not less than 60 days nor more than one year in the county jail if the number of
22convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total
23number of suspensions, revocations and other convictions counted under s. 343.307
24(1), equals 4, except that suspensions, revocations or convictions arising out of the
25same incident or occurrence shall be counted as one.
SB66, s. 14
1Section 14. 346.65 (2) (bm) of the statutes is amended to read:
SB66,9,132 346.65 (2) (bm) In Winnebago County any county that opts to offer a reduced
3minimum period of imprisonment for the successful completion of a probation period
4that includes alcohol and other drug treatment
, if the number of convictions under
5ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of
6suspensions, revocations, and other convictions counted under s. 343.307 (1) within
7a 10-year period, equals 2, except that suspensions, revocations, or convictions
8arising out of the same incident or occurrence shall be counted as one, the fine shall
9be the same as under par. (am) 2., but the period of imprisonment shall be not less
10than 5 days, except that if the person successfully completes a period of probation
11that includes alcohol and other drug treatment, the period of imprisonment shall be
12not less than 5 nor more than 7 days. A person may be sentenced under this
13paragraph or under par. (cm) or sub. (2j) (bm) or (cm) or (3r) once in his or her lifetime.
SB66, s. 15 14Section 15. 346.65 (2) (cm) of the statutes is amended to read:
SB66,9,2415 346.65 (2) (cm) In Winnebago County any county that opts to offer a reduced
16minimum period of imprisonment for the successful completion of a probation period
17that includes alcohol and other drug treatment
, if the number of convictions under
18ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of
19suspensions, revocations, and other convictions counted under s. 343.307 (1) within
20a 10-year period, equals 3, except that suspensions, revocations, or convictions
21arising out of the same incident or occurrence shall be counted as one, the fine shall
22be the same as under par. (am) 3., but the period of imprisonment shall be not less
23than 30 days, except that if the person successfully completes a period of probation
24that includes alcohol and other drug treatment, the period of imprisonment shall be

1not less than 10 days. A person may be sentenced under this paragraph or under par.
2(bm) or sub. (2j) (bm) or (cm) or (3r) once in his or her lifetime.
SB66, s. 16 3Section 16. 346.65 (2j) (bm) of the statutes is amended to read:
SB66,10,154 346.65 (2j) (bm) In Winnebago County any county that opts to offer a reduced
5minimum period of imprisonment for the successful completion of a probation period
6that includes alcohol and other drug treatment
, if the number of convictions under
7ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of
8suspensions, revocations, and other convictions counted under s. 343.307 (1) within
9a 10-year period, equals 2, except that suspensions, revocations, or convictions
10arising out of the same incident or occurrence shall be counted as one, the fine shall
11be the same as under par. (am) 2., but the period of imprisonment shall be not less
12than 5 days, except that if the person successfully completes a period of probation
13that includes alcohol and other drug treatment, the period of imprisonment shall be
14not less than 5 nor more than 7 days. A person may be sentenced under this
15paragraph or under par. (cm) or sub. (2) (bm) or (cm) or (3r) once in his or her lifetime.
SB66, s. 17 16Section 17. 346.65 (2j) (cm) of the statutes is amended to read:
SB66,11,317 346.65 (2j) (cm) In Winnebago County any county that opts to offer a reduced
18minimum period of imprisonment for the successful completion of a probation period
19that includes alcohol and other drug treatment
, if the number of convictions under
20ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of
21suspensions, revocations, and other convictions counted under s. 343.307 (1) within
22a 10-year period, equals 3 or more, except that suspensions, revocations, or
23convictions arising out of the same incident or occurrence shall be counted as one, the
24fine shall be the same as under par. (am) 3., but the period of imprisonment shall be
25not less than 30 days, except that if the person successfully completes a period of

1probation that includes alcohol and other drug treatment, the period of
2imprisonment shall be not less than 10 days. A person may be sentenced under this
3paragraph or under par. (bm) or sub. (2) (bm) or (cm) or (3r) once in his or her lifetime.
SB66, s. 18 4Section 18. 346.65 (2m) (a) of the statutes is amended to read:
SB66,11,135 346.65 (2m) (a) In imposing a sentence under sub. (2) for a violation of s. 346.63
6(1) (am) or (b) or (5) or a local ordinance in conformity therewith, the court shall
7review the record and consider the aggravating and mitigating factors in the matter
8and the sentencing guidelines adopted under s. 758.13 (2) (h). If the amount of
9alcohol in the person's blood or urine or the amount of a restricted controlled
10substance in the person's blood is known, the court shall consider that amount as a
11factor in sentencing. The chief judge of each judicial administrative district shall
12adopt guidelines, under the chief judge's authority to adopt local rules under SCR
1370.34, for the consideration of aggravating and mitigating factors.
SB66, s. 19 14Section 19. 346.65 (3r) of the statutes is amended to read:
SB66,12,215 346.65 (3r) In Winnebago County any county that opts to offer a reduced
16minimum period of imprisonment for the successful completion of a probation period
17that includes alcohol and other drug treatment
, any person violating s. 346.63 (2) or
18(6) shall be fined the same as under sub. (3m), but the period of imprisonment shall
19be not less than 30 days, except that if the person successfully completes a period of
20probation that includes alcohol and other drug treatment, the period of
21imprisonment shall be not less than 15 days. If there was a minor passenger under
2216 years of age in the motor vehicle at the time of the violation that gave rise to the
23conviction under s. 346.63 (2) or (6), the offense is a felony, the applicable minimum
24and maximum fines or periods of imprisonment for the conviction are doubled and
25the place of imprisonment shall be determined under s. 973.02. A person may be

1sentenced under this subsection or under sub. (2) (bm) or (cm) or (2j) (bm) or (cm) once
2in his or her lifetime.
SB66, s. 20 3Section 20. 346.65 (8) of the statutes is repealed.
SB66, s. 21 4Section 21. 346.655 (1) of the statutes is amended to read:
SB66,12,125 346.655 (1) If a court imposes a fine or a forfeiture for a violation of s. 346.63
6(1) or (5), except for a first violation of s. 346.63 (1) (b), if the person who committed
7the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at
8the time of the violation,
or a local ordinance in conformity therewith, or s. 346.63
9(2) or (6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, it shall
10impose a driver improvement surcharge under ch. 814 in an amount of $365 in
11addition to the fine or forfeiture, plus costs, fees, and other surcharges imposed under
12ch. 814.
SB66, s. 22 13Section 22. 757.05 (1) (a) of the statutes is amended to read:
SB66,13,214 757.05 (1) (a) Whenever a court imposes a fine or forfeiture for a violation of
15state law or for a violation of a municipal or county ordinance except for a violation
16of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), or for a first violation of s.
1723.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who
18committed the violation had a blood alcohol concentration of 0.08 or more but less
19than 0.1 at the time of the violation,
or for a violation of state laws or municipal or
20county ordinances involving nonmoving traffic violations, violations under s. 343.51
21(1m) (b), or safety belt use violations under s. 347.48 (2m), there shall be imposed in
22addition a penalty surcharge under ch. 814 in an amount of 26 percent of the fine or
23forfeiture imposed. If multiple offenses are involved, the penalty surcharge shall be
24based upon the total fine or forfeiture for all offenses. When a fine or forfeiture is

1suspended in whole or in part, the penalty surcharge shall be reduced in proportion
2to the suspension.
SB66, s. 23 3Section 23. 758.13 (2) (h) of the statutes is created to read:
SB66,13,74 758.13 (2) (h) Adopt advisory sentencing guidelines for violations of s. 346.63
5(1) or (2), 940.09 (1), or 940.25 to promote public safety, to reflect changes in
6sentencing practices, and to preserve the integrity of the judicial, criminal justice,
7and correctional systems.
SB66, s. 24 8Section 24. 758.13 (2) (i) of the statutes is created to read:
SB66,13,129 758.13 (2) (i) Provide information to judges and attorneys about the sentencing
10guidelines adopted under par. (h), which shall include annual reports that include
11the most current sentencing guidelines and all changes in existing sentencing
12guidelines adopted during the 12 months preceding the report.
SB66, s. 25 13Section 25. 814.63 (1) (c) of the statutes is amended to read:
SB66,13,1914 814.63 (1) (c) This subsection does not apply to an action for a violation of s.
15101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), for a first violation of s. 23.33
16(4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who
17committed the violation had a blood alcohol concentration of 0.08 or more but less
18than 0.1 at the time of the violation, or
for a violation under s. 343.51 (1m) (b), or a
19safety belt use violation under s. 347.48 (2m).
SB66, s. 26 20Section 26. 814.63 (2) of the statutes is amended to read:
SB66,14,421 814.63 (2) Upon the disposition of a forfeiture action in circuit court for
22violation of a county, town, city, village, town sanitary district or public inland lake
23protection and rehabilitation district ordinance, except for an action for a first
24violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the
25person who committed the violation had a blood alcohol concentration of 0.08 or more

1but less than 0.1 at the time of the violation, or
for a violation under s. 343.51 (1m)
2(b) or a safety belt use violation under s. 347.48 (2m), the county, town, city, village,
3town sanitary district or public inland lake protection and rehabilitation district
4shall pay a nonrefundable fee of $5 to the clerk of circuit court.
SB66, s. 27 5Section 27. 814.65 (1) of the statutes is amended to read:
SB66,14,166 814.65 (1) Court costs. In a municipal court action, except for an action for
7a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1)
8(b), if the person who committed the violation had a blood alcohol concentration of
90.08 or more but less than 0.1 at the time of the violation, or
for a violation of an
10ordinance in conformity with s. 343.51 (1m) (b) or 347.48 (2m), the municipal judge
11shall collect a fee of not less than $15 nor more than $28 on each separate matter,
12whether it is on default of appearance, a plea of guilty or no contest, on issuance of
13a warrant or summons, or the action is tried as a contested matter. Of each fee
14received by the judge under this subsection, the municipal treasurer shall pay
15monthly $5 to the secretary of administration for deposit in the general fund and
16shall retain the balance for the use of the municipality.
SB66, s. 28 17Section 28. 814.85 (1) (a) of the statutes is amended to read:
SB66,14,2518 814.85 (1) (a) Except for an action for a first violation of s. 23.33 (4c) (a) 2.,
1930.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the
20violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the
21time of the violation, or for
a violation under s. 343.51 (1m) (b) or a safety belt use
22violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $68
23court support services surcharge from any person, including any governmental unit
24as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am) or
25814.63 (1).
SB66, s. 29
1Section 29. 814.86 (1) of the statutes is amended to read:
SB66,15,102 814.86 (1) Except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681
3(1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation
4had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the
5violation, or for
a violation under s. 343.51 (1m) (b) or a safety belt use violation under
6s. 347.48 (2m), the clerk of circuit court shall charge and collect a $12 justice
7information system surcharge from any person, including any governmental unit, as
8defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62
9(1), (2), or (3) (a) or (b), or 814.63 (1). The justice information system surcharge is in
10addition to the surcharge listed in sub. (1m).
SB66, s. 30 11Section 30. Initial applicability.
SB66,15,1512 (1) This act first applies to violations committed on the effective date of this
13subsection but does not preclude the counting of other convictions, suspensions, or
14revocations as prior convictions, suspensions, or revocations for purposes of
15administrative action by the department of transportation or sentencing by a court.
SB66, s. 31 16Section 31. Effective date.
SB66,15,1817 (1) This act takes effect on July 15, 2009, or on the effective date of this
18subsection, whichever is later.
SB66,15,1919 (End)
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