Assembly Bill 79
Release of persons who commit operating-while-intoxicated offenses and providing penalties
Topics: Circuit court, Court: Procedure, Crime and criminals: Felony, Drunken driving, Legislature: Criminal Penalties, Joint Review Committee on, Police
Stopped in committee
It never got a , so it never came up for a vote. To try again, a lawmaker would have to start a new bill.
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Introduced, passed
Feb 24, 2009
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Committee, stopped here
Stopped here. No public hearing was held.
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Assembly vote, not reached
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Senate vote, not reached
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Governor, not reached
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Law, not reached
Latest entry in the official record, Apr 28, 2010: “Failed to pass pursuant to ”
It never got a hearing in the Assembly Committee on Public Safety. See every bill that never got a hearing this session.
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Terms on this page
Committee
A small group of lawmakers that looks at a bill first. Most bills never leave committee.
Public hearing
A meeting where anyone can speak to a committee about a bill, or send written comments.
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
What it would have done
Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.
Under current law, a person who commits a third offense related to drunken driving or driving under the influence of an intoxicant or other drug (OWI) must be fined not less than $600 nor more than $2,000 and imprisoned for not less than 30 days nor more than one year. A person who commits a fourth OWI must be fined not less than $600 nor more than $2,000 and imprisoned for not less than 60 days nor more than one year. A person who commits a fifth or sixth OWI is guilty of a Class H felony and may be fined not less than $600 nor more than $10,000 and imprisoned for not less than six months nor more than six years, or both. A person who commits a seventh, eighth, or ninth OWI is guilty of a Class G felony and may be fined not more than $25,000 or imprisoned for not more than ten years, or both. A person who commits a tenth or subsequent OWI is guilty of a Class F felony and may be fined not more than $25,000 or imprisoned for not more than 12 years and six months, or both.
Under this bill, a person who commits a third OWI is guilty of a Class H felony, although the person must be fined at least $600 but not more than $2,000 and must be imprisoned for at least 90 days. A person who commits a fourth OWI is guilty of a Class G felony, although the person must be fined at least $600 but not more than $2,000 and must be imprisoned for at least one year. A person who commits a fifth or sixth OWI is guilty of a Class F felony, although the person must be fined at least $600 and must be imprisoned for at least one year. A person who commits a seventh, eighth, or ninth OWI is guilty of a Class E felony, and a person who commits a tenth or subsequent OWI is guilty of a Class D felony. These persons are subject to the current law penalties for the felony classification.
Read the full summary Show less
In addition, this bill requires a law enforcement officer to arrest a person if the officer has reasonable grounds to believe that the person is committing a third OWI.
The bill grants the circuit court the authority to deny pretrial release to a person who is charged with certain felony OWIs if the person has a previous conviction for a felony OWI. The bill also prohibits the release of a person convicted of a third OWI before the person begins to serve any period of incarceration imposed for the OWI.
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
15 lawmakers are its . 14 are Republicans and 1 is a Independent.
3 more lawmakers .
See all 18 names Hide the names
Authors (15)
- Alvin Ott · Republican, Assembly
- Brett Davis · Republican, Assembly
- Samantha Kerkman · Republican, Assembly
- Joel Kleefisch · Republican, Assembly
- Daniel LeMahieu · Republican, Assembly
- Thomas Lothian · Republican, Assembly
- Phil Montgomery · Republican, Assembly
- Jeff Mursau · Republican, Assembly
- Steve Nass · Republican, Senate
- Richard Spanbauer · Republican, Assembly
- Jeffrey Stone · Republican, Assembly
- Pat Strachota · Republican, Assembly
- John Townsend · Republican, Assembly
- Bob Ziegelbauer · Independent, Assembly
- Rich Zipperer · Republican, Senate
Signed on in support (3)
- Tim Carpenter · Democrat, Senate
- Alberta Darling · Republican, Senate
- Joe Leibham · Republican, Senate
What it would cost
State agencies filed a . Each opens as a PDF from the Legislature.
What happened
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Apr 28, 2010
The session ended, and the bill died with it.
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May 1, 2009
A state agency sent in its estimate of the cost.
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Mar 11, 2009
A state agency sent in its estimate of the cost.
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Mar 5, 2009
A state agency sent in its estimate of the cost.
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Feb 24, 2009
Sent to the Assembly Committee on Public Safety.
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Feb 24, 2009
Introduced in the Assembly.
See the official record, word for word Hide the official record
- Feb 24, 2009 · Assembly
Introduced by Representatives Kleefisch, Ziegelbauer, Davis, Kerkman, LeMahieu, Lothian, Montgomery, Mursau, Nass, A. Ott, Spanbauer, Stone, Strachota, Townsend and Zipperer;Cosponsored by Senators Carpenter, Darling and Leibham
- Feb 24, 2009 · Assembly
Read first time and referred to committee on Public Safety
- Mar 5, 2009 · Assembly
Fiscal estimate received
- Mar 11, 2009 · Assembly
Fiscal estimate received
- May 1, 2009 · Assembly
Fiscal estimate received
- 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.
Public hearing
A meeting where anyone can speak to a committee about a bill, or send written comments.
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
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.
Public hearing
A meeting where anyone can speak to a committee about a bill, or send written comments.
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
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