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Bills from the 2009–10 session

Assembly Bill 366

Probation for certain drunken driving offenses and providing penalties

Topics: Court, Drugs, Drunken driving, Legislature: Criminal Penalties, Joint Review Committee on, Parole or probation

Stopped before the full Assembly voted

The recommended passing it, but the full Assembly never voted on it. To try again, a lawmaker would have to start a new bill.

  1. Introduced, passed

    Aug 6, 2009

  2. Committee, passed

    Approved

  3. Assembly vote, stopped here

    Stopped here. The full Assembly never voted on it.

  4. Senate vote, not reached

  5. Governor, not reached

  6. Law, not reached

Latest entry in the official record, Apr 28, 2010: “Failed to pass pursuant to ⁠”

Read the bill

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What it would have done

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

Under current law, with certain exceptions, a person who commits a second offense relating to operating a motor vehicle under the influence of an intoxicant (OWI-related offense) is subject to a fine of not less than $350 nor more than $1,100 and imprisonment for not less than five days nor more than six months. A person who commits a third OWI-related offense is subject to a fine of not less than $600 nor more than $2,000, and imprisonment for not less than 30 days nor more than one year. A person who commits a fourth OWI-related offense is subject to the same fine and maximum period of imprisonment as a person who commits a third OWI-related offense, but his or her period of imprisonment may not be less than 60 days.

Under current law, a court may place a person who is convicted of a crime on probation instead of ordering the person to serve a sentence for the crime unless probation is prohibited for the crime. With certain exceptions, if a person commits a crime for which a minimum term of imprisonment of one year or less is required, a court may still place the person on probation, but must require that the person serve the minimum term of imprisonment as a condition of probation. The exceptions provide that a court may not place a person on probation for a second or third OWI-related offense.

Read the full summary

Under this bill, a person who commits a second or third OWI-related offense may be placed on probation if, as a condition of probation, the court requires the person to take a therapeutically indicated dose of the drug naltrexone for the duration of the person's period of probation. If the court chooses to place the person on probation under these circumstances, the bill allows the same minimum and maximum period of imprisonment for the offense, but eliminates the mandatory minimum fine. Under the bill, the court may impose a fine in any amount up to the maximum allowed under current law.

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.

Who's behind it

10 lawmakers are its ⁠. 8 are Democrats and 2 are Republicans.

2 more lawmakers ⁠.

See all 12 names

Authors (10)

Signed on in support (2)

What it would cost

State agencies filed a . Each opens as a PDF from the Legislature.

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

How lawmakers voted

There were 2 votes on this bill.

Assembly Committee on Health and Healthcare Reform vote on an amendment

Passed, 8 to 5 · Feb 22, 2010

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report Assembly Substitute Amendment 1 adoption recommended by committee on Health and Healthcare Reform, Ayes 8, Noes 5”. Official record · This vote on its own page

Assembly Committee on Health and Healthcare Reform vote to recommend it

Passed, 8 to 5 · Feb 22, 2010

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report passage as amended recommended by committee on Health and Healthcare Reform, Ayes 8, Noes 5”. Official record · This vote on its own page

What happened

  1. Apr 28, 2010

    The session ended, and the bill died with it.

  2. Feb 22, 2010

    Sent to the Assembly Committee on Rules.

  3. Feb 22, 2010

    The committee voted to recommend passing it, 8 to 5.

  4. Oct 7, 2009

    A state agency sent in its estimate of the cost.

  5. Oct 6, 2009

    A state agency sent in its estimate of the cost.

  6. Sep 30, 2009

    The committee held a public hearing.

  7. Sep 3, 2009

    A state agency sent in its estimate of the cost.

  8. Aug 25, 2009

    A state agency sent in its estimate of the cost.

  9. Aug 6, 2009

    Sent to the Assembly Committee on Health and Healthcare Reform.

  10. Aug 6, 2009

    Introduced in the Assembly.

See the official record, word for word
  1. Aug 6, 2009 · Assembly

    Introduced by Representatives Barca, Roys, Benedict, Bies, Turner, Hebl, Berceau, Grigsby, Hilgenberg and Spanbauer;Cosponsored by Senators Lehman and Vinehout

  2. Aug 6, 2009 · Assembly

    Read first time and referred to committee on Health and Healthcare Reform

  3. Aug 25, 2009 · Assembly

    Fiscal estimate received

  4. Sep 3, 2009 · Assembly

    Fiscal estimate received

  5. Sep 30, 2009 · Assembly

    Public hearing held

  6. Oct 6, 2009 · Assembly

    Fiscal estimate received

  7. Oct 7, 2009 · Assembly

    Fiscal estimate received

  8. Feb 11, 2010 · Assembly

    Assembly substitute amendment 1 offered by Representatives Barca and Roys

  9. Feb 17, 2010 · Assembly

    Executive action taken

  10. Feb 22, 2010 · Assembly

    Report Assembly Substitute Amendment 1 adoption recommended by committee on Health and Healthcare Reform, Ayes 8, Noes 5

  11. Feb 22, 2010 · Assembly

    Report passage as amended recommended by committee on Health and Healthcare Reform, Ayes 8, Noes 5

  12. Feb 22, 2010 · Assembly

    Referred to committee on Rules

  13. Apr 28, 2010 · Assembly

    Failed to pass pursuant to Senate Joint Resolution 1

Terms on this page

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

More in the glossary

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1. More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate. More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote