AB369,38 23Section 38. 814.63 (3m) (a) of the statutes is amended to read:
AB369,46,424 814.63 (3m) (a) Except as provided in par. (d), if a defendant is required to
25appear in court, in addition to any forfeiture, costs, fees, or surcharges it imposes, the

1court shall impose and collect from the defendant any costs charged to or paid by a
2law enforcement agency for the withdrawal of the defendant's blood if the court finds
3that the defendant violated s. 23.33 (4c), 23.37 (4c), 30.681, 346.63, or 350.101, or a
4local ordinance in conformity therewith.
AB369,39 5Section 39. 814.65 (4m) (a) of the statutes is amended to read:
AB369,46,116 814.65 (4m) (a) Except as provided in par. (d), if a defendant is required to
7appear in municipal court, in addition to any forfeiture, costs, fees, or surcharges it
8imposes, the municipal court shall impose and collect from the defendant any costs
9charged to or paid by a law enforcement agency for the withdrawal of the defendant's
10blood if the court finds that the defendant violated a local ordinance in conformity
11with s. 23.33 (4c), 23.37 (4c), 30.681, 346.63, or 350.101.
AB369,40 12Section 40. 814.77 (17) of the statutes is created to read:
AB369,46,1313 814.77 (17) The off-highway vehicle surcharge under s. 23.37 (14) (f).
AB369,41 14Section 41. 885.235 (1m) of the statutes is amended to read:
AB369,47,215 885.235 (1m) In any action under s. 23.33 (4c) (a) 3., 23.37 (4c) (a) 2., 30.681
16(1) (bn), 346.63 (2m) or (7), or 350.101 (1) (c), evidence of the amount of alcohol in the
17person's blood at the time in question, as shown by chemical analysis of a sample of
18the person's blood or urine or evidence of the amount of alcohol in the person's breath,
19is admissible on the issue of whether he or she had an alcohol concentration in the
20range specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m), or 350.101 (1) (c)
21or an alcohol concentration above 0.0 under s. 23.37 (4c) (a) 2. or 346.63 (7) if the
22sample was taken within 3 hours after the event to be proved. The fact that the
23analysis shows that the person had an alcohol concentration of more than 0.0 but not
24more than 0.08 is prima facie evidence that the person had an alcohol concentration

1in the range specified in s. 23.33 (4c) (a) 3., 30.681 (1) (bn), 346.63 (2m), or 350.101
2(1) (c) or an alcohol concentration above 0.0 under s. 23.37 (4c) (a) 2. or 346.63 (7).
AB369,42 3Section 42. 885.235 (4) of the statutes is amended to read:
AB369,47,124 885.235 (4) The provisions of this section relating to the admissibility of
5chemical tests for alcohol concentration or intoxication or for determining whether
6a person had a detectable amount of a restricted controlled substance in his or her
7blood shall not be construed as limiting the introduction of any other competent
8evidence bearing on the question of whether or not a person was under the influence
9of an intoxicant, had a detectable amount of a restricted controlled substance in his
10or her blood, had a specified alcohol concentration, or had an alcohol concentration
11in the range specified in s. 23.33 (4c) (a) 3., 23.37 (4c) (a) 2., 30.681 (1) (bn), 346.63
12(2m) or 350.101 (1) (c).
AB369,43 13Section 43. 895.043 (6) of the statutes is amended to read:
AB369,47,2414 895.043 (6) Limitation on damages. Punitive damages received by the plaintiff
15may not exceed twice the amount of any compensatory damages recovered by the
16plaintiff or $200,000, whichever is greater. This subsection does not apply to a
17plaintiff seeking punitive damages from a defendant whose actions under sub. (3)
18included the operation of a vehicle, including a motor vehicle as defined under s.
19340.01 (35), a snowmobile as defined under s. 340.01 (58a), an all-terrain vehicle as
20defined under s. 340.01 (2g), a utility terrain vehicle as defined under s. 23.33 (1) (ng),
21an off-highway vehicle as defined under s. 23.37 (1) (jm), and a boat as defined under
22s. 30.50 (2), while under the influence of an intoxicant to a degree that rendered the
23defendant incapable of safe operation of the vehicle. In this subsection, "intoxicant"
24has the meaning given in s. 30.50 (4e).
AB369,44 25Section 44. 938.17 (1) (intro.) of the statutes is amended to read:
AB369,48,15
1938.17 (1) Traffic, boating, snowmobile, all-terrain vehicle, and utility
2terrain vehicle
, and Class B off-highway vehicle violations. (intro.) Except for
3violations of ss. 342.06 (2) and 344.48 (1), and violations of ss. 30.67 (1) and 346.67
4(1) when death or injury occurs, courts of criminal and civil jurisdiction have
5exclusive jurisdiction in proceedings against juveniles 16 years of age or older for
6violations of s. ss. 23.33 and 23.37, of ss. 30.50 to 30.80, of chs. 341 to 351, and of traffic
7regulations, as defined in s. 345.20, and nonmoving traffic violations, as defined in
8s. 345.28 (1). A juvenile charged with a traffic, boating, snowmobile, all-terrain
9vehicle, or utility terrain vehicle, or Class B off-highway vehicle offense in a court
10of criminal or civil jurisdiction shall be treated as an adult before the trial of the
11proceeding except that the juvenile may be held in secure custody only in a juvenile
12detention facility. A juvenile convicted of a traffic, boating, snowmobile, all-terrain
13vehicle, or utility terrain vehicle, or Class B off-highway vehicle offense in a court
14of criminal or civil jurisdiction shall be treated as an adult for sentencing purposes
15except as follows:
AB369,45 16Section 45. 938.343 (9) of the statutes is amended to read:
AB369,48,2317 938.343 (9) All-terrain or vehicle, utility terrain vehicle, or off-highway
18vehicle
safety course. If the violation is one under s. 23.33 or under an ordinance
19enacted in accordance with s. 23.33 concerning the use of all-terrain vehicles or
20utility terrain vehicles, order the juvenile to attend an all-terrain vehicle or utility
21terrain vehicle safety course. If the violation is one under s. 23.37 or under an
22ordinance enacted in accordance with s. 23.37 (12) concerning the use of off-highway
23vehicles, order the juvenile to attend an off-highway vehicle safety course.
AB369,46 24Section 46. 940.09 (1m) (b) of the statutes is amended to read:
AB369,49,10
1940.09 (1m) (b) If a person is charged in an information with any of the
2combinations of crimes referred to in par. (a), the crimes shall be joined under s.
3971.12. If the person is found guilty of more than one of the crimes so charged for
4acts arising out of the same incident or occurrence, there shall be a single conviction
5for purposes of sentencing and for purposes of counting convictions under s. 23.33
6(13) (b) 2. and 3., under s. 23.37 (14) (b) 2. and 3., under s. 30.80 (6) (a) 2. and 3., under
7s. 343.307 (1) or under s. 350.11 (3) (a) 2. and 3. Subsection (1) (a), (am), (b), (bm),
8(c), (cm), (d), and (e) each require proof of a fact for conviction which the others do not
9require, and sub. (1g) (a), (am), (b), (c), (cm), and (d) each require proof of a fact for
10conviction which the others do not require.
AB369,47 11Section 47. 940.09 (3) of the statutes is amended to read:
AB369,49,1312 940.09 (3) An officer who makes an arrest for a violation of this section shall
13make a report as required under s. 23.33 (4t), 23.37 (4t), 30.686, 346.635 or 350.106.
AB369,48 14Section 48. 940.25 (1m) (b) of the statutes is amended to read:
AB369,49,2315 940.25 (1m) (b) If a person is charged in an information with any of the
16combinations of crimes referred to in par. (a), the crimes shall be joined under s.
17971.12. If the person is found guilty of more than one of the crimes so charged for
18acts arising out of the same incident or occurrence, there shall be a single conviction
19for purposes of sentencing and for purposes of counting convictions under s. 23.33
20(13) (b) 2. and 3., under s. 23.37 (14) (b) 2. and 3., under s. 30.80 (6) (a) 2. or 3., under
21ss. 343.30 (1q) and 343.305 or under s. 350.11 (3) (a) 2. and 3. Subsection (1) (a), (am),
22(b), (bm), (c), (cm), (d), and (e) each require proof of a fact for conviction which the
23others do not require.
AB369,49 24Section 49. 940.25 (3) of the statutes is amended to read:
AB369,50,2
1940.25 (3) An officer who makes an arrest for a violation of this section shall
2make a report as required under s. 23.33 (4t), 23.37 (4t), 30.686, 346.635 or 350.106.
AB369,50 3Section 50. 973.06 (1) (j) of the statutes is amended to read:
AB369,50,134 973.06 (1) (j) If the defendant violated s. 23.33 (4c), 23.37 (4c), 30.681, 346.63,
5350.101, 940.09 (1), or 940.25, any costs charged to or paid by a law enforcement
6agency for the withdrawal of the defendant's blood, except that the court may not
7impose on the defendant any cost for an alternative test provided free of charge as
8described in s. 343.305 (4). If at the time the court finds that the defendant
9committed the violation, the law enforcement agency has not paid or been charged
10with the costs of withdrawing the person's blood, the court shall impose and collect
11the costs the law enforcement agency reasonably expects to be charged for the
12withdrawal, based on the current charges for this procedure. Notwithstanding sub.
13(2), the court may not remit these costs.
AB369,51 14Section 51. 973.09 (2) (a) 1. d. of the statutes is amended to read:
AB369,50,1715 973.09 (2) (a) 1. d. A misdemeanor under s. 23.33 (4c) or (4p) (e), 23.37 (4c) or
16(4p) (e),
30.681, 30.684 (5), 350.101, 350.104 (5), or 350.17 or a misdemeanor under
17s. 346.63 to which s. 973.09 (1) (d) applies.
AB369,52 18Section 52. Nonstatutory provisions.
AB369,50,2419 (1) Notwithstanding the length of terms specified in section 15.347 (9) of the
20statutes, as created by this act, the governor shall appoint one of the initial members
21of the off-highway vehicle council for a term expiring on June 30, 2016, 2 of the initial
22members of the off-highway vehicle council for terms expiring on June 30, 2017, and
232 of the initial members of the off-highway vehicle council for terms expiring on June
2430, 2018.
AB369,50,2525 (End)
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