Wisconsin 2019-2020 Regular Session Status: In Committee Bipartisan · 3 R · 2 D cosponsors

SB 7 — Relating to: requiring persons accused of violating traffic laws and ordinances related to driving while intoxicated to appear in person in court. (FE)

Last action — Failed to pass pursuant to Senate Joint Resolution 1

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

104 added · 147 removed

Plain-language change summary

The amendment to Senate Bill 7 changes the requirement for individuals accused of violating traffic laws related to driving while intoxicated (OWI) by mandating that they appear in court to address their charges. Previously, people cited for these offenses had the option to resolve their case without attending court, but this change means that they must appear in person. This matters because it increases accountability for those charged with OWI-related offenses, potentially leading to more serious consequences for violations and promoting safer driving practices.

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- 2020 LEGISLATURE LRBs0061/2 EVM:kjf&amn SENATE SUBSTITUTE AMENDMENT 1, TO SENATE BILL 7 June 13, 2019 - Offered by Senator ARLING.
- 2020 LEGISLATURE LRB-1199/1 EVM:kjf SENATE BILL 7 January 29, 2019 - Introduced by Senators D ARLING , ERNIER , CARPENTER , ACQUE , K OOYENGA , ARSON , MARKLEIN and NASS , cosponsored by Representatives O TT, A NDERSON , HORLACHER , QUINN , ORTWELL , PIROS and W ICHGERS .
Referred to Committee on Judiciary and Public Safety.
to amend 343.30 (1q) (b) 3., 343.305 (10) (b) 3., 343.31 (3) (bm) 3., 346.65 (2) (am) 2., 346.65 (2) (bm) and 800.035 (5) (a);
to amend 800.035 (5) (a);
court proceedings and penalties for offenses related to driving while intoxicated.
requiring persons accused of violating traffic laws and ordinances related to driving while intoxicated to appear in person in court.
Analysis by the Legislative Reference Bureau This bill requires a person who receives a citation for a civil traffic violation related to operating while intoxicated to appear in court to respond to the charge.
Under current law, generally, a first violation of operating a vehicle while under the influence of an intoxicant, with a detectable amount of a restricted controlled substance in one's blood, or with a prohibited alcohol concentration (OWI-related violation), is a traffic violation punishable by a civil forfeiture.
Current law allows local units of government to enact ordinances in conformity with the state traffic law that punishes most first OWI-related offenses as a civil violation.
Under current law, a person who receives a citation for an OWI-related civil traffic violation or who receives a citation for an ordinance in conformity with the OWI-related traffic violation may opt to appear in court to plead not guilty to the violation or may opt to pay the forfeiture associated with the violation and avoid an appearance in court.
Generally, a person who pays the forfeiture associated with the violation is considered to have pled guilty or no contest to the charge.
Under this bill, a person who receives a citation for an OWI-related civil traffic violation or who receives a citation for an ordinance in conformity therewith is - 2020 Legislature - 2 - LRB-1199/1 EVM:kjf SENATE BILL 7 required to appear in court to plead guilty, no contest, or not guilty to the charge.
If the person fails to appear in court, the court is required to enter a default judgment against the person and impose the applicable penalties and a $300 surcharge for the person's failure to appear.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
S ECTION 1.
SECTION 1.
Whenxcept as LRBs0061/2 - 2020 Legislature - 2 - EVM:kjf&amn SECTION 1 provided in subd.
When Except as provided in subd.
2., whenperson charged with a violation for which stipulation of guilt or no contest is authorized makes a timely stipulation and pays the required penalty, plus costs, fees, and surcharges imposed under ch.
2., when a person charged with a violation for which stipulation of guilt or no contest is authorized makes a timely stipulation and pays the required penalty, plus costs, fees, and surcharges imposed under ch.
66.0114(1) (b) 3.
LRB-1199/1 - 2020 Legislature - 3 - EVM:kjf SECTION 3 SENATE BILL 7 66.0114(1) (b) 3.
The court shall transmit the surcharge under this subd.
3.
b.
to the county treasurer of the county in which the violation occurred for use only for substance use prevention and treatment.
343.30 (1q) (b) 3.
of the statutes is amended to read:
343.30 (1q) (b) 3.
Except as provided in sub.
(1r) or subd.
4m., if the number of convictions under ss.
940.09 (1) and 940.25 in the person's lifetime, plus the total number of other convictions, suspensions, and revocations counted under s.
343.307 LRBs0061/2 - 2020 Legislature - 3 - EVM:kjf&amn SECTION 4 (1) within a 10-year periodquals 2, the court shall revoke the person's operating privilege for not less than one year nor more than 18 months.
After the first 45 days of the revocation period has elapsed, the person is eligible for an occupational license under s.
343.10 if he or she has completed the assessment and is complying with the driver safety plan ordered under par.
(c).
SECTION 5.
343.305 (10) (b) 3.
of the statutes is amended to read:
343.305(10) (b) 3.
Except as provided in subd.
4m., if the number of convictions under ss.
940.09 (1) and 940.25 in the person's lifetime, plus the total number of other convictions, suspensions, and revocations counted under s.
343.307 (2) within a 10-year period, equals 2, the court shall revoke the person's operating privilege for 2 years.
After the first 90 days of the revocation period or, if the total number of convictions, suspensions, and revocations counted under this subdivision within any 5-year period equals 2 or more, after one year of the revocation period has elapsed, the person is eligible for an occupational license under s.
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343.10 if he or she has completed the assessment and is complying with the driver safety plan.
SECTION 6.
343.31 (3) (bm) 3.
of the statutes is amended to read:
343.31 (3) (bm) 3.
Except as provided in subd.
4m., if the number of convictions under ss.
940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s.
343.307 (1) within a 10-year period, equals 2, the department shall revoke the person's operating privilege for not less than one year nor more than 18 months.
If an Indian tribal court in this state revokes the person's privilege to operate a motor vehicle on tribal lands for not less than one year nor more than 18 months for the conviction specified in par.
(bm) (intro.), the department shall impose the same period of revocation.
After the first 60 days of the revocation period or, if the total number of convictions, LRBs0061/2 - 2020 Legislature - 4 - EVM:kjf&amn SECTION 6 suspensions, and revocations counted under this subdivision within any 5-year period equals 2 or more, after one year of the revocation period has elapsed, the person is eligible for an occupational license under s.
343.10.
SECTION 7.
SECTION 8.
SECTION 5.
346.65 (2) (am) 2.
of the statutes is amended to read:
346.65 (2) (am) 2.
Except as provided in pars.
(bm) and (f), shall be fined not less than $350 nor more than $1,100 and imprisoned for not less than 5 days nor more than 6 months if the number of convictions under ss.
940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s.
343.307 (1) within a 10-year periodls 2, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one.
SECTION 9.
346.65 (2) (bm) of the statutes is amended to read:
346.65 (2) (bm) In any county that opts to offer a reduced minimum period of imprisonment for the successful completion of a probation period that includes alcohol and other drug treatment, if the number of convictions under ss.
940.09 (1) and 940.25 in the person's lifetime, plus the total number of suspensions, revocations, and other convictions counted under s.
343.307 (1) within a 10-year period, equals 2, except that suspensions, revocations, or convictions arising out of the same incident or occurrence shall be counted as one, the fine shall be the same as under par.
(am) 2., but the period of imprisonment shall be not less than 5 days, LRBs0061/2 - 2020 Legislature - 5 - EVM:kjf&amn SECTION 9 except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 5 nor more than 7 days.
A person may be sentenced under this paragraph or under par.
(cm) or (dm) or sub.
(2j) (bm), (cm), or (cr) or (3r) once in his or her lifetime.
SECTION 10.
SECTION 11.
SECTION 6.
The court shall transmit the surcharge under this subdivision to the county treasurer of the county in which the violation occurred for use only for substance use prevention and treatment.
SECTION 7.
SECTION 12.
967.055(2m) P ERSONAL APPEARANCE IN COURT(a) A person who is charged with a civil violation of s.
- 2020 Legislature - 4 - LRB-1199/1 EVM:kjf SENATE BILL 7 S ECTION 7 967.055(2m) P ERSONAL APPEARANCE IN COURT(a) A person who is charged with a civil violation of s.
A person who fails to appear in person in court is subject to a $300 surcharge LRBs0061/2 - 2020 Legislature - 6 - EVM:kjf&amn S ECTION 12 pursuant to par.
A person who fails to appear in person in court is subject to a $300 surcharge pursuant to par.
The court shall transmit the surcharge under this subdivision to the county treasurer of the county in which the violation occurred for use only for substance use prevention and treatment.
S ECTION 80Initial applicability.
SECTION 13.0Initial applicability.
(1) This act first applies to violations that occur on the effective date of this subsection.
(1) This act first applies to violations committed on the effective date of this subsection but does not preclude the counting of other convictions, suspensions, or revocations as prior convictions, suspensions, or revocations for purposes of administrative action by the department of transportation or sentencing by a court.
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Action History

  1. Failed to pass pursuant to Senate Joint Resolution 1

  2. Available for scheduling

  3. Report passage as amended recommended by Committee on Judiciary and Public Safety, Ayes 5, Noes 0

  4. Report adoption of Senate Substitute Amendment 1 recommended by Committee on Judiciary and Public Safety, Ayes 5, Noes 0

  5. Executive action taken

  6. Public hearing held

  7. Representative Rohrkaste added as a cosponsor

  8. Senate Substitute Amendment 1 offered by Senator Darling

  9. Fiscal estimate received

  10. Fiscal estimate received

  11. Fiscal estimate received

  12. Fiscal estimate received

  13. Fiscal estimate received

  14. Fiscal estimate received

  15. Read first time and referred to Committee on Judiciary and Public Safety

  16. Introduced by Senators Darling, Bernier, Carpenter, Jacque, Kooyenga, Larson, Marklein and Nass; cosponsored by Representatives Ott, Anderson, Horlacher, Quinn, Sortwell, Spiros and Wichgers

Sponsors

Sponsorship breakdown

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8 sponsors · 0 co-sponsors · 124 not signed on

Sponsors (8)

Co-sponsors (0)

None.

Not signed on (124)

124 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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public-safety transportation
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Frequently asked questions

Who sponsors SB 7?
SB 7 is sponsored by Darling, Bernier, Carpenter, Tim (Democrat), Kooyenga, Nass, Steve (Republican), Marklein, Howard (Republican), Larson, Chris (Democrat), and Jacque, André (Republican).
What is the current status of SB 7?
This bill died with 2019-2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 7?
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