Wisconsin 2025-2026 Regular Session

Wisconsin Assembly Bill AB856

Introduced
1/16/26  
Refer
1/16/26  
Report Pass
1/30/26  
Refer
1/30/26  
Engrossed
2/18/26  
Refer
2/20/26  
Enrolled
3/23/26  
Chaptered
4/3/26  

Caption

An Act to repeal 23.33 (4p) (a) 3., 30.684 (1) (c), 343.305 (3) (ar), 343.305 (3) (b) and 350.104 (1) (c); to amend 23.33 (4p) (a) 2. b., 23.33 (4p) (c) 1., 23.33 (4p) (e) 3., 23.33 (13) (b) 2., 23.33 (13) (b) 3., 30.684 (1) (b) 2., 30.684 (3) (a), 30.684 (5) (c), 30.80 (6) (a) 2., 30.80 (6) (a) 3., 30.80 (6) (a) 4., 30.80 (6) (a) 5., 343.305 (2), 343.305 (3) (a), 343.305 (4), 343.305 (5) (a), 343.305 (5) (b), 343.305 (6) (b) 3., 343.305 (8) (c) 1., 343.305 (9) (a) 1., 343.305 (9) (c), 350.104 (1) (b) 2., 350.104 (3) (a), 350.104 (5) (c), 350.11 (3) (a) 2. and 350.11 (3) (a) 3.; to repeal and recreate 343.305 (3) (title) of the statutes; Relating to: repealing unconstitutional provisions related to operating while intoxicated.

Impact

The passage of AB856 would have a significant impact on how intoxication laws are enforced in Wisconsin. By repealing outdated or unconstitutional statutes, the bill aims to provide clearer guidelines for law enforcement and ensure that individuals' rights are respected during the testing process. This change could lead to more standardized practices across the state, making enforcement of intoxication laws more reliable and fair while enhancing public safety.

Summary

Assembly Bill 856, also known as the Repeal of Unconstitutional Provisions Related to Operating While Intoxicated, aims to amend various sections of the statutes concerning intoxication laws. The bill focuses on repealing provisions that have been deemed unconstitutional while also making important amendments to existing laws related to chemical testing for intoxication. It seeks to clarify the penalties and procedures that law enforcement must follow when testing individuals for alcohol or controlled substances, in efforts to align state laws with constitutional standards.

Sentiment

The sentiment surrounding AB856 appears to be generally positive among proponents who argue that the bill addresses necessary reforms in intoxication laws that are crucial for protecting citizens' rights. However, there may be concerns among some segments of law enforcement or advocacy groups worried about the implications of repealing certain provisions and the potential impact on public safety, which underscores the delicate balance policymakers must navigate between enforcement and constitutional rights.

Contention

Notable points of contention regarding AB856 might center around the potential implications for public safety and the enforcement of intoxication laws. While supporters argue that the changes are necessary for fairness and compliance with constitutional standards, opponents may raise concerns about how the repeal of specific provisions could lead to gaps in enforcement. The bill's impact on the ability of law enforcement to effectively manage intoxication-related offenses is likely to be a key aspect of ongoing discussions.

Companion Bills

WI SB845

Crossfiled Repealing unconstitutional provisions related to operating while intoxicated.

Previously Filed As

WI H4189

DHEC Restructuring

WI HB548

A BILL to amend and reenact §§ 8.01-413.01, 8.01-622.1, 18.2-369, 32.1-127, 32.1-127.1:03, 32.1-138.1, 32.1-162.16, 32.1-162.18, 32.1-291.21, 32.1-309.1, 32.1-325, 37.2-804.2, as it is currently effective and as it shall become effective, 37.2-805.1, 37.2-817.01, 37.2-817.1, 37.2-837, 37.2-838, 37.2-1101, 37.2-1108, 53.1-133.04, 54.1-2807.02, 54.1-2818.1, 54.1-2818.5, 54.1-2970.1, 54.1-2987.1, 54.1-2988.1, 54.1-2993.1, 54.1-2995, 63.2-501, 63.2-1605, 64.2-2000, 64.2-2002, 64.2-2003, 64.2-2009, and 64.2-2019 of the Code of Virginia; to amend the Code of Virginia by adding in Chapter 29 of Title 54.1 an article numbered 8.1, consisting of sections numbered 54.1-2993.2 through 54.1-2993.31; and to repeal §§ 54.1-2981, 54.1-2982, 54.1-2983, 54.1-2983.2 through 54.1-2987, 54.1-2988, and 54.1-2989 through 54.1-2993 of the Code of Virginia, relating to Uniform Health Care Decisions Act; civil penalty.

WI AB104

An act to amend the Budget Act of 2025 (Chapters 4 and 5 of the Statutes of 2025) by amending Items 0540-103-0001, 0690-301-0001, 0977-401, 1700-001-0001, 3125-301-0140, 3125-301-6088, 3540-001-0001, 3790-111-0577, 3825-002-6088, 3970-492, 5180-101-0890, 5180-151-0001, 5180-151-0890, 6100-107-0001, 6440-001-0001, 6610-001-0001, 6870-101-0001, 6870-194-0001, and 7760-101-0001 of, adding Items 3340-490, 5225-493, 5225-494, 6100-492, and 6870-403 to, repealing Item 3125-301-0720 of, Section 2.

WI HB863

A BILL to amend and reenact §§ 3.2-4212, 4.1-302, 16.1-253.2, 18.2-36.1, 18.2-36.2, 18.2-46.3:3, 18.2-51.1, 18.2-53.1, 18.2-57, 18.2-60.4, 18.2-61, 18.2-67.1, 18.2-67.2, 18.2-67.5:2, 18.2-67.5:3, 18.2-154, 18.2-186.4, 18.2-248, 18.2-248.01, 18.2-248.03, 18.2-248.1, 18.2-248.5, 18.2-255, 18.2-255.2, 18.2-270, 18.2-308.1, 18.2-308.2, 18.2-308.2:2, 18.2-308.4, 18.2-374.1, 18.2-374.1:1, 18.2-374.3, 19.2-160.1, 19.2-297.1, 46.2-341.28, 46.2-391, 53.1-116, and 53.1-203 of the Code of Virginia, relating to elimination of mandatory minimum sentences for certain offenses.

WI HB434

Exempt military driver's license applicants from driver's ed

WI SB104

An act relating to the Budget Act of 2025.

WI HB900

A BILL to amend and reenact §§ 33.2-358, 33.2-371, 33.2-1524, 33.2-1524.1, 33.2-1526.1, 33.2-3401, 33.2-3402, 33.2-3403, 33.2-3502, 46.2-774, 58.1-602, 58.1-603, as it is currently effective and as it may become effective, 58.1-609.5, 58.1-609.11, 58.1-612, 58.1-623, 58.1-647, and 58.1-648 of the Code of Virginia; to amend the Code of Virginia by adding in Article 2 of Chapter 19 of Title 33.2 a section numbered 33.2-1904.1, by adding in Article 11 of Chapter 19 of Title 33.2 a section numbered 33.2-1937, by adding in Chapter 24 of Title 33.2 a section numbered 33.2-2402, by adding in Chapter 7 of Title 46.2 a section numbered 46.2-775, by adding sections numbered 58.1-603.3 and 58.1-612.3, and by adding in Chapter 17 of Title 58.1 an article numbered 13, consisting of a section numbered 58.1-1749; and to amend Chapter 766 of the Acts of Assembly of 2013 by adding a nineteenth enactment, relating to sales and use tax on taxable services and digital personal property; taxes levied in certain transportation districts; funding for transportation.

WI HB642

An Act to amend and reenact §§ 2.2-2499.8, 2.2-2818, 2.2-2905, 2.2-3114, 2.2-3711, as it is currently effective and as it shall become effective, 2.2-3802, 2.2-4024, 3.2-4112, 3.2-4113, 3.2-4116, 3.2-4126, 3.2-5145.1, 3.2-5145.2:1, 3.2-5145.4, 4.1-103, 4.1-105, 4.1-352, 4.1-600, 4.1-601, 4.1-603, 4.1-604, 4.1-606, 4.1-607, 4.1-611, 4.1-614, 4.1-621, 4.1-1100, 4.1-1101, 4.1-1121, 4.1-1402, 4.1-1500, 4.1-1501, 4.1-1502, 4.1-1600 through 4.1-1603.2, 4.1-1604, 5.1-13, 9.1-1101, 15.2-912.4, 16.1-69.40:1, 16.1-260, 16.1-273, 16.1-278.9, 18.2-46.1, 18.2-247, 18.2-248, 18.2-248.01, 18.2-251, 18.2-251.03, 18.2-251.1:1, 18.2-251.1:2, 18.2-251.1:3, 18.2-252, 18.2-254, 18.2-255, 18.2-255.1, 18.2-255.2, 18.2-258, 18.2-258.02, 18.2-258.1, 18.2-265.1, 18.2-265.2, 18.2-265.3, 18.2-287.2, 18.2-308.012, 18.2-308.4, 18.2-371.2, 18.2-460, 18.2-474.1, 19.2-66, 19.2-81, 19.2-81.1, 19.2-83.1, 19.2-188.1, 19.2-303.01, 19.2-386.22 through 19.2-386.25, 19.2-389, as it is currently effective and as it shall become effective, 19.2-389.3, 19.2-392.02, 19.2-392.6 and 19.2-392.12:1, as they shall become effective, 22.1-206, 22.1-277.08, 23.1-1301, 46.2-105.2, 46.2-347, 48-17.1, 53.1-231.2, 54.1-2903, 54.1-3401, 54.1-3443, 58.1-301, and 59.1-200 of the Code of Virginia; to amend the Code of Virginia by adding in Subtitle II of Title 2.2 a part labeled D, containing a chapter numbered 61, consisting of a section numbered 2.2-6100, by adding in Chapter 6 of Title 4.1 sections numbered 4.1-629 and 4.1-630, by adding in Title 4.1 chapters numbered 7 through 10, consisting of sections numbered 4.1-700 through 4.1-1010, by adding sections numbered 4.1-1102 through 4.1-1105, 4.1-1106, 4.1-1106.1, 4.1-1113, 4.1-1114, 4.1-1115, 4.1-1117, 4.1-1118, and 4.1-1119, by adding in Title 4.1 a chapter numbered 12, consisting of sections numbered 4.1-1200 through 4.1-1206, by adding in Chapter 13 of Title 4.1 sections numbered 4.1-1300, 4.1-1301, and 4.1-1303 through 4.1-1309, by adding in Chapter 14 of Title 4.1 sections numbered 4.1-1403 through 4.1-1407, by adding a section numbered 4.1-1602.1, by adding in Title 4.1 a chapter numbered 17, consisting of sections numbered 4.1-1700 through 4.1-1705, by adding in Article 2 of Chapter 1 of Title 6.2 a section numbered 6.2-108, and by adding in Chapter 44 of Title 54.1 a section numbered 54.1-4426; and to repeal Article 4 (§§ 3.2-4122 through 3.2-4126) of Chapter 41.1 of Title 3.2 and §§ 3.2-5145.4:1, 4.1-1101.1, 4.1-1105.1, 18.2-248.1, and 18.2-251.1 of the Code of Virginia, relating to cannabis control; retail market; penalties.

WI AB103

An act relating to the Budget Act of 2025.

WI HB1179

Transportation; changes various provisions of existing funds, etc.

Similar Bills

No similar bills found.