AB873,8,317 2. In addition to the order under subd. 1., the court shall also order the
18revocation of the person's privilege to operate a motor vehicle on public premises if
19the person, within 5 years prior to the arrest for the current violation of the
20intoxicated operation of an all-terrain or utility terrain vehicle law or the all-terrain
21or utility terrain vehicle refusal law, violated the intoxicated operating law or the
22recreational vehicle and boating refusal law. The period of revocation shall be not
23less than 6 months and not more than 12 months. Whenever a court revokes an
24operating privilege under this subdivision, the court may take possession of the
25revoked license. If the court takes possession of the revoked license, the court shall

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1destroy the license. The court shall forward to the department of transportation the
2record of the conviction and notice of revocation. The person is eligible for an
3occupational license under s. 343.10 at any time.

AB873,8,54 (b) Operating while suspended or revoked. 1. No person may operate a
5recreational vehicle in violation of a suspension order imposed under par. (a) 1.

AB873,8,86 2. No person may operate an all-terrain vehicle or utility terrain vehicle during
7the time that the person's motor vehicle operating privilege is suspended or revoked
8for a conviction counted under s. 343.307 (1).

AB873,8,1210 23.33 (13) (b) 1. Except as provided under subds. 2. and 3. to 5., a person who
11violates sub. (4c) (a) 1., 2., or 2m. or (4p) (e) shall forfeit not less than $150 $400 nor
12more than $300 $550.

AB873,8,2014 23.33 (13) (b) 2. Except as provided under subd. 3., a A person who violates sub.
15(4c) (a) 1., 2., or 2m. or (4p) (e) and who, within 5 years prior to the arrest for the
16current violation, was convicted one time previously under the intoxicated operation
17of an all-terrain vehicle or utility terrain vehicle operating law or the recreational
18vehicle and boating refusal law shall be fined not less than $300 nor more than
19$1,100 and shall be imprisoned not less than 5 days nor more than 6 months one year
20in the county jail.

AB873,9,322 23.33 (13) (b) 3. A person who violates sub. (4c) (a) 1., 2., or 2m. or (4p) (e) and
23who, within 5 years prior to the arrest for the current violation, was convicted 2 or
24more times previously under the intoxicated operation of an all-terrain vehicle or
25utility terrain vehicle operating law or, the recreational vehicle and boating refusal

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1law, or any combination of these laws, shall be fined not less than $600 nor more than
2$2,000 and shall be imprisoned not less than 30 days nor more than one year in the
3county jail.

AB873,9,86 23.33 (13) (b) 6. A person who violates sub. (4c) (a) 3. or who violates sub. (4p)
7(e) and who has not attained the legal drinking age of 21 shall forfeit not more than
8$50.

AB873,9,1510 23.33 (13) (b) 4b. A person who violates sub. (4c) (a) 1., 2., or 2m. or (4p) (e) and
11who, within 5 years prior to the arrest for the current violation, was convicted 3 times
12previously under the intoxicated operating law, the recreational vehicle and boating
13refusal law, or any combination of these laws, shall be fined not less than $600 nor
14more than $2,000 and shall be imprisoned not less than 60 days nor more than one
15year in the county jail.

AB873,9,2217 23.33 (13) (b) 5. A person who violates sub. (4c) (a) 1., 2., or 2m. or (4p) (e) and
18who, within 5 years prior to the arrest for the current violation, was convicted 4 or
19more times previously under the intoxicated operating law, the recreational vehicle
20and boating refusal law, or any combination of these laws, shall be fined not less than
21$600 nor more than $2,000 and shall be imprisoned not less than 6 months nor more
22than one year in the county jail.

AB873,9,2524 23.33 (13) (bg) Penalties related to intoxicated operation of an all-terrain
25vehicle or utility terrain vehicle; underage passengers. If there is a passenger under

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116 years of age on the all-terrain vehicle or utility terrain vehicle at the time of a
2violation that gives rise to a conviction under sub. (4c) (a) 1. or, 2., or 2m. or (4p) (e),
3the applicable minimum and maximum forfeitures, fines, and terms of
4imprisonment under pars. par. (b) 1., 2., and 3. to 5. for the conviction are doubled.

AB873,10,166 23.33 (13) (bm) Alcohol and drug treatment alternatives. 1. In any county that
7opts to offer a reduced minimum period of imprisonment for the successful
8completion of a probation period that includes alcohol and other drug treatment, if
9the number of suspensions, revocations, and convictions for a violation of the
10intoxicated operation of an all-terrain or utility terrain vehicle law or of the
11all-terrain or utility terrain vehicle refusal law within a 5-year period equals 2,
12except that suspensions, revocations, or convictions arising out of the same incident
13or occurrence shall be counted as one, the fine shall be the same as under par. (b) 2.,
14but the period of imprisonment shall be not less than 5 days, except that if the person
15successfully completes a period of probation that includes alcohol and other drug
16treatment, the period of imprisonment shall be not less than 5 nor more than 7 days.

AB873,11,217 2. In any county that opts to offer a reduced minimum period of imprisonment
18for the successful completion of a probation period that includes alcohol and other
19drug treatment, if the number of suspensions, revocations, and convictions for a
20violation of the intoxicated operation of an all-terrain or utility terrain vehicle law
21or of the all-terrain or utility terrain vehicle refusal law within a 5-year period
22equals 3, except that suspensions, revocations, or convictions arising out of the same
23incident or occurrence shall be counted as one, the fine shall be the same as under
24par. (b) 3., but the period of imprisonment shall be not less than 30 days, except that

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1if the person successfully completes a period of probation that includes alcohol and
2other drug treatment, the period of imprisonment shall be not less than 14 days.

AB873,11,123 3. In any county that opts to offer a reduced minimum period of imprisonment
4for the successful completion of a probation period that includes alcohol and other
5drug treatment, if the number of suspensions, revocations, and convictions for a
6violation of the intoxicated operation of an all-terrain or utility terrain vehicle law
7or of the all-terrain or utility terrain vehicle refusal law within a 5-year period
8equals 4, except that suspensions, revocations, or convictions arising out of the same
9incident or occurrence shall be counted as one, the fine shall be the same as under
10par. (b) 4b., but the period of imprisonment shall be not less than 60 days, except that
11if the person successfully completes a period of probation that includes alcohol and
12other drug treatment, the period of imprisonment shall be not less than 29 days.

AB873,11,1413 4. A person may be sentenced under this paragraph or under s. 23.335 (23)
14(dm), 30.80 (6) (ar), or 350.11 (3) (ar) once in his or her lifetime.

AB873,11,2217 23.33 (13) (ce) Penalties related to suspension and revocation. 1. A person who
18operates a recreational vehicle in violation of sub. (4y) (b) 1. is subject to a forfeiture
19of not less than $50 nor more than $250. In addition, for each such violation, the court
20may suspend the person's privilege to operate a recreational vehicle for a period of
21not more than 6 months. Whenever a court suspends an operating privilege under
22this subdivision, the court shall notify the department of that action.

AB873,12,323 2. A person who operates an all-terrain vehicle or utility terrain vehicle in
24violation of sub. (4y) (b) 2. is subject to a forfeiture of not less than $150 nor more than
25$300. In addition, the court may suspend the person's privilege to operate a

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1recreational vehicle for a period of not more than 6 months. Whenever a court
2suspends an operating privilege under this subdivision, the court shall notify the
3department of that action.

AB873,12,85 23.33 (13) (cm) Sentence of detention. The legislature intends that courts use
6the sentencing option under s. 973.03 (4) whenever appropriate for persons subject
7to par. (b) 2. or, 3., 4b., or 5., or (c). The use of this option can result in significant cost
8savings for the state and local governments.

AB873,12,1311 23.33 (13) (d) 1. In determining the number of previous convictions under par.
12(b) 2. and 3. to 5., convictions arising out of the same incident or occurrence shall be
13counted as one previous conviction.

AB873,12,2515 23.33 (13) (d) 2. In determining the number of previous convictions under par.
16(b) 2. to 5., previous convictions under the intoxicated operation of an all-terrain or
17utility terrain vehicle law or under the all-terrain or utility terrain vehicle refusal
18law that occurred before, on, or after the effective date of this subdivision .... [LRB
19inserts date], and previous convictions under the intoxicated operation of an
20off-highway motorcycle law, as defined in s. 23.335 (1) (L), the off-highway
21motorcycle refusal law, as defined in s. 23.335 (1) (tm), the intoxicated boating law,
22as defined in s. 30.50 (4m), the boating refusal law, as defined in s. 30.50 (2c), the
23intoxicated snowmobiling law, as defined in s. 350.01 (9c), or the snowmobiling
24refusal law, as defined in s. 350.01 (17m), that occur after the effective date of this
25subdivision .... [LRB inserts date], shall count as previous convictions.

AB873,13,82 23.33 (13) (dm) Reporting convictions to the department. Whenever a person
3is convicted of a violation of the intoxicated operation of an all-terrain vehicle or
4utility terrain vehicle law or the all-terrain or utility terrain vehicle refusal law, the
5clerk of the court in which the conviction occurred , or the justice, judge or magistrate
6of a court not having a clerk, shall forward to the department the record of such
7conviction. The record of conviction forwarded to the department shall state whether
8the offender was involved in an accident at the time of the offense.

AB873,13,1710 23.33 (13) (eg) Certificate of completion of safety program. In addition to any
11other penalty or order, a person who for the first time violates the intoxicated
12operation of an all-terrain or utility terrain vehicle law or the all-terrain or utility
13terrain vehicle refusal law shall be ordered by the court to obtain a certificate of
14satisfactory completion of a safety program established under sub. (5) (d). If the
15person has a valid certificate at the time that the court imposes a sentence for such
16a violation, the court shall permanently revoke the certificate and order the person
17to obtain another certificate of satisfactory completion of the safety program.

AB873,13,2319 23.335 (1) (km) “Intoxicated operating law” means the intoxicated operation
20of an off-highway motorcycle law, the intoxicated operation of an all-terrain or
21utility terrain vehicle law, as defined in s. 23.33 (1) (ic), the intoxicated boating law,
22as defined in s. 30.50 (4m), or the intoxicated snowmobiling law, as defined in s.
23350.01 (9c).

AB873,13,2525 23.335 (1) (nm) “Legal drinking age” means 21 years of age.

AB873,14,72 23.335 (1) (zdr) “Public premises” means all premises held out to the public for
3use of a motor vehicle, including highways, all premises provided by employers to
4employees for the use of their motor vehicles, and all premises provided to tenants
5of rental housing in buildings of 4 or more units for the use of their motor vehicles,
6whether such premises are publicly or privately owned and whether or not a fee is
7charged for the use of those premises.

AB873,14,129 23.335 (1) (zer) “Recreational vehicle" means an off-highway motorcycle, an
10all-terrain vehicle as defined in s. 23.33 (1) (b), a utility terrain vehicle as defined
11in s. 23.33 (1) (ng), a recreational motorboat as defined in s. 30.50 (9m), or a
12snowmobile, as defined in s. 340.01 (58a).

AB873,14,1714 23.335 (1) (zet) “Recreational vehicle and boating refusal law" means the
15off-highway motorcycle refusal law, the all-terrain or utility terrain vehicle refusal
16law, as defined in s. 23.33 (1) (jm), the boating refusal law, as defined in s. 30.50 (2c),
17or the snowmobiling refusal law, as defined in s. 350.01 (17m).

AB873,14,2120 23.335 (1) (tm) “Refusal Off-highway motorcycle refusal law" means sub. (12)
21(h) or a local ordinance in conformity therewith.

AB873,14,2523 23.335 (12) (a) 3. If a A person who has not attained the legal drinking age of
2421, the person may not engage in the operation of an off-highway motorcycle while
25he or she has an alcohol concentration of more than 0.0 but not more less than 0.08.

AB873,15,102 23.335 (12) (a) 4. A person may be charged with and a prosecutor may proceed
3upon a complaint based upon a violation of any combination of subd. 1., 2., or 2m. for
4acts arising out of the same incident or occurrence. If the person is charged with
5violating any combination of subd. 1., 2., or 2m., the offenses shall be joined. If the
6person is found guilty of any combination of subd. 1., 2., or 2m. for acts arising out
7of the same incident or occurrence, there shall be a single conviction for purposes of
8sentencing and for purposes of counting convictions under sub. (23) (c) 2. and 3. to
95. Subdivisions 1., 2., and 2m. each require proof of a fact for conviction which that
10the others do not require.

AB873,15,2012 23.335 (12) (b) 3. A person may be charged with and a prosecutor may proceed
13upon a complaint based upon a violation of any combination of subd. 1., 2., or 2m. for
14acts arising out of the same incident or occurrence. If the person is charged with
15violating any combination of subd. 1., 2., or 2m. in the complaint, the crimes shall be
16joined under s. 971.12. If the person is found guilty of any combination of subd. 1.,
172., or 2m. for acts arising out of the same incident or occurrence, there shall be a
18single conviction for purposes of sentencing and for purposes of counting convictions
19under sub. (23) (c) 2. and 3. to 5. Subdivisions 1., 2., and 2m. each require proof of
20a fact for conviction which that the others do not require.

AB873,15,2522 23.335 (12) (j) Report of arrest to department. If a law enforcement officer
23arrests a person for a violation of the intoxicated operation of an off-highway
24motorcycle law or the off-highway motorcycle refusal law, the law enforcement
25officer shall notify the department of the arrest as soon as practicable.

AB873,16,122 23.335 (12) (km) Suspension or revocation of operating privileges. 1. `Orders
3to suspend or revoke.' a. If a court imposes a penalty for a violation of the intoxicated
4operation of an off-highway motorcycle law or the off-highway motorcycle refusal
5law, the court shall order the suspension of the person's privilege to operate a
6recreational vehicle for a period of not less than 12 months and not more than 16
7months. As part of the order, the court may authorize the person to operate an
8off-highway motorcycle exclusively on land under the management and control of
9the person's immediate family if the court finds that such operation is essential for
10the purpose of engaging in an occupation or trade. Whenever a court suspends an
11operating privilege under this subd. 1. a., the court shall notify the department of
12that action.

AB873,16,2413 b. In addition to the order under subd. 1. a., the court shall also order the
14revocation of the person's privilege to operate a motor vehicle on public premises if
15the person, within 5 years prior to the arrest for the current violation of the
16intoxicated operation of an off-highway motorcycle law or the off-highway
17motorcycle refusal law, violated the intoxicated operating law or the recreational
18vehicle and boating refusal law. The period of revocation shall be not less than 6
19months and not more than 12 months. Whenever a court revokes an operating
20privilege under this subd. 1. b., the court may take possession of the revoked license.
21If the court takes possession of the revoked license, the court shall destroy the
22license. The court shall forward to the department of transportation the record of the
23conviction and notice of revocation. The person is eligible for an occupational license
24under s. 343.10 at any time.

AB873,17,2

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12. `Operating while suspended or revoked.' a. No person may operate a
2recreational vehicle in violation of a suspension order imposed under subd. 1. a.

AB873,17,53 b. No person may operate an off-highway motorcycle during the time that the
4person's motor vehicle operating privilege is suspended or revoked for a conviction
5counted under s. 343.307 (1).

AB873,17,97 23.335 (23) (c) 1. Except as provided under subds. 2., 3., and 4. to 5., a person
8who violates sub. (12) (a) 1., 2., or 2m. or (h) shall forfeit not less than $150 $400 nor
9more than $300 $550.

AB873,17,1711 23.335 (23) (c) 2. Except as provided under subds. 3. and 4., a A person who
12violates sub. (12) (a) 1., 2., or 2m. or (h) and who, within 5 years prior to the arrest
13for the current violation, was convicted one time previously under the intoxicated
14operation of an off-highway motorcycle operating law or the recreational vehicle and
15boating refusal law shall be fined not less than $300 nor more than $1,100 and shall
16be imprisoned not less than 5 days nor more than 6 months one year in the county
17jail.

AB873,17,2519 23.335 (23) (c) 3. Except as provided in subd. 4., a A person who violates sub.
20(12) (a) 1., 2., or 2m. or (h) and who, within 5 years prior to the arrest for the current
21violation, was convicted 2 or more times previously under the intoxicated operation
22of an off-highway motorcycle operating law , the recreational vehicle and boating
23refusal law, or any combination of these laws, shall be fined not less than $600 nor
24more than $2,000 and shall be imprisoned not less than 30 days nor more than one
25year in the county jail.

AB873,18,53 23.335 (23) (c) 6. A person who violates sub. (12) (a) 3. or who violates sub. (12)
4(h) and who has not attained the legal drinking age of 21 shall forfeit not more than
5$50.

AB873,18,127 23.335 (23) (c) 4b. A person who violates sub. (12) (a) 1., 2., or 2m. or (h) and
8who, within 5 years prior to the arrest for the current violation, was convicted 3 times
9previously under the intoxicated operating law, the recreational vehicle and boating
10refusal law, or any combination of these laws, shall be fined not less than $600 nor
11more than $2,000 and shall be imprisoned not less than 60 days nor more than one
12year in the county jail.

AB873,18,1914 23.335 (23) (c) 5. A person who violates sub. (12) (a) 1., 2., or 2m. or (h) and who,
15within 5 years prior to the arrest for the current violation, was convicted 4 or more
16times previously under the intoxicated operating law, the recreational vehicle and
17boating refusal law, or any combination of these laws, shall be fined not less than
18$600 nor more than $2,000 and shall be imprisoned not less than 6 months nor more
19than one year in the county jail.

AB873,18,2521 23.335 (23) (cg) Penalties related to intoxicated operation; underage
22passengers. If there is a passenger under 16 years of age on the off-road motorcycle
23at the time of a violation that gives rise to a conviction under sub. (12) (a) 1., 2., or
242m. or (h), the applicable minimum and maximum forfeitures, fines, and terms of
25imprisonment under par. (c) 1. to 5. for the conviction are doubled.

AB873,19,122 23.335 (23) (dm) Alcohol and drug treatment alternatives. 1. In any county
3that opts to offer a reduced minimum period of imprisonment for the successful
4completion of a probation period that includes alcohol and other drug treatment, if
5the number of suspensions, revocations, and convictions for a violation of the
6intoxicated operation of an off-highway motorcycle law or of the off-highway
7motorcycle refusal law within a 5-year period equals 2, except that suspensions,
8revocations, or convictions arising out of the same incident or occurrence shall be
9counted as one, the fine shall be the same as under par. (c) 2., but the period of
10imprisonment shall be not less than 5 days, except that if the person successfully
11completes a period of probation that includes alcohol and other drug treatment, the
12period of imprisonment shall be not less than 5 nor more than 7 days.

AB873,19,2213 2. In any county that opts to offer a reduced minimum period of imprisonment
14for the successful completion of a probation period that includes alcohol and other
15drug treatment, if the number of suspensions, revocations, and convictions for a
16violation of the intoxicated operation of an off-highway motorcycle law or of the
17off-highway motorcycle refusal law within a 5-year period equals 3, except that
18suspensions, revocations, or convictions arising out of the same incident or
19occurrence shall be counted as one, the fine shall be the same as under par. (c) 3., but
20the period of imprisonment shall be not less than 30 days, except that if the person
21successfully completes a period of probation that includes alcohol and other drug
22treatment, the period of imprisonment shall be not less than 14 days.

AB873,20,723 3. In any county that opts to offer a reduced minimum period of imprisonment
24for the successful completion of a probation period that includes alcohol and other
25drug treatment, if the number of suspensions, revocations, and convictions for a

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1violation of the intoxicated operation of an off-highway motorcycle law or of the
2off-highway motorcycle refusal law within a 5-year period equals 4, except that
3suspensions, revocations, or convictions arising out of the same incident or
4occurrence shall be counted as one, the fine shall be the same as under par. (c) 4b.,
5but the period of imprisonment shall be not less than 60 days, except that if the
6person successfully completes a period of probation that includes alcohol and other
7drug treatment, the period of imprisonment shall be not less than 29 days.

AB873,20,98 4. A person may be sentenced under this paragraph or under s. 23.33 (13) (bm),
930.80 (6) (ar), or 350.11 (3) (ar) once in his or her lifetime.

AB873,20,1711 23.335 (23) (dr) Penalties related to suspension and revocation. 1. A person
12who operates a recreational vehicle in violation of sub. (12) (km) 2. a. is subject to a
13forfeiture of not less than $50 nor more than $250. In addition, for each such
14violation, the court may suspend the person's privilege to operate a recreational
15vehicle for a period of not more than 6 months. Whenever a court suspends an
16operating privilege under this subdivision, the court shall notify the department of
17that action.

AB873,20,2318 2. A person who operates an off-highway motorcycle in violation of sub. (12)
19(km) 2. b. is subject to a forfeiture of not less than $150 nor more than $300. In
20addition, the court may suspend the person's privilege to operate a recreational
21vehicle for a period of not more than 6 months. Whenever a court suspends an
22operating privilege under this subdivision, the court shall notify the department of
23that action.

AB873,21,4

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123.335 (23) (fm) Sentence of detention. The legislature intends that courts use
2the sentencing option under s. 973.03 (4) whenever appropriate for persons subject
3to par. (c) 2., 3., 4b., or 5. or (d). The use of this option can result in significant cost
4savings for the state and local governments.

AB873,21,97 23.335 (23) (g) 1. In determining the number of previous convictions under
8pars. (c) 2. and 3. to 5. and (e), convictions arising out of the same incident or
9occurrence shall be counted as one previous conviction.

AB873,21,2111 23.335 (23) (g) 2. In determining the number of previous convictions under par.
12(b) 2. to 5., previous convictions under the intoxicated operation of an off-highway
13motorcycle law or under the off-highway motorcycle refusal law that occurred
14before, on, or after the effective date of this subdivision .... [LRB inserts date], and
15previous convictions under the intoxicated operation of an all-terrain or utility
16terrain vehicle law, as defined in s. 23.33 (1) (ic), the all-terrain or utility terrain
17vehicle refusal law, as defined in s. 23.33 (1) (at), the intoxicated boating law, as
18defined in s. 30.50 (4m), the boating refusal law, as defined in s. 30.50 (2c), the
19intoxicated snowmobiling law, as defined in s. 350.01 (9c), or the snowmobiling
20refusal law, as defined in s. 350.01 (17m), that occur after the effective date of this
21subdivision .... [LRB inserts date], shall count as previous convictions.