2001 - 2002 LEGISLATURE
March 20, 2001 - Introduced by Senators Darling, Welch and Rosenzweig,
cosponsored by Representatives
Leibham, Kestell, Starzyk, Rhoades, Suder,
Gard, Gronemus, Gunderson, Powers, Sykora, Albers, Townsend, Stone,
Jeskewitz, Wade, Urban, Plale, Vrakas and Pettis. Referred to Committee on
Judiciary, Consumer Affairs, and Campaign Finance Reform.
1An Act to amend
343.10 (1) (a) and 343.31 (3) (a); and to create
343.31 (2s), 2
938.34 (14q) and 973.137 of the statutes; relating to: mandatory operating
3privilege suspension for certain firearms offenses and bomb scares involving
Analysis by the Legislative Reference Bureau
Current law prohibits any person from making a bomb scare (intentionally
conveying or causing to be conveyed any threat or false information, knowing such
to be false, concerning an attempt or alleged attempt being made or to be made to
destroy any property by the means of explosives). Making a bomb scare is a Class
E felony, punishable by a fine not to exceed $10,000 or imprisonment not to exceed
five years, or both.
Current law prohibits, with exceptions, any person from knowingly possessing
a firearm at a place that the individual knows, or has reasonable cause to believe,
is a school zone. Such a violation is a Class A misdemeanor, punishable by a fine not
to exceed $10,000 or imprisonment not to exceed nine months, or both.
Current law prohibits, with exceptions, any person from knowingly, or with
reckless disregard for the safety of another, discharging or attempting to discharge
a firearm at a place the individual knows is a school zone. Such a violation is a Class
D felony, punishable by a fine not to exceed $10,000 or imprisonment not to exceed
ten years, or both.
This bill requires a court that convicts a person of one of the firearms offenses
described above or of a bomb scare involving the threatened destruction of school
premises, or that adjudicates a juvenile delinquent for one of those offenses, to notify
the department of transportation (DOT) of the person's conviction or adjudication.
Upon receiving the notice, DOT must suspend the person's operating privilege for
two years. If the person's operating privilege is already suspended or revoked at the
time of the violation, or if the person is not eligible for an operator's license at the time
of the violation, the period of suspension does not begin to run until the person is
eligible and applies for an operator's license.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB99, s. 1
343.10 (1) (a) of the statutes is amended to read:
(a) If a person's license or operating privilege is revoked or 3
suspended under this chapter or s. 767.303, 938.34 (14q),
or 961.50 and if the person 4
is engaged in an occupation, including homemaking or full-time or part-time study, 5
or a trade making it essential that he or she operate a motor vehicle, the person, after 6
payment of the fee provided in sub. (6), may file an application with the department 7
setting forth in detail the need for operating a motor vehicle. No person may file more 8
than one application with respect to each revocation or suspension of the person's 9
license or operating privilege under this chapter or s. 767.303, 938.34 (14q),
961.50, except that this limitation does not apply to an application to amend an 11
occupational license restriction.
SB99, s. 2
343.31 (2s) of the statutes is created to read:
The department shall suspend a person's operating privilege for 2 14
years upon receiving a record of conviction under s. 973.137. If the department 15
receives a record of conviction under s. 973.137 or a notice of suspension under s. 16
938.34 (14q) for a person whose license or operating privilege is currently suspended 17
or revoked or for a person who does not currently possess a valid operator's license,
the suspension is first effective on the date on which the person is first eligible, and 2
applies, for issuance, renewal, or reinstatement of an operator's license.
SB99, s. 3
343.31 (3) (a) of the statutes is amended to read:
(a) Except as otherwise provided in this subsection or sub. (2m) or
, all revocations or suspensions under this section shall be for a period of one year.
SB99, s. 4
938.34 (14q) of the statutes is created to read:
938.34 (14q) Violations involving bomb scares or firearms at school.
addition to any other disposition imposed under this section, if the juvenile is found 9
to have violated s. 947.015 and the property involved is a school premises, as defined 10
in s. 948.61 (1) (c), or is found to have violated s. 948.605, the court shall immediately 11
suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for 2 years. 12
The court shall immediately forward to the department of transportation the notice 13
of suspension, clearly stating that the suspension is for a violation of s. 947.015 14
involving school premises, or for a violation of s. 948.605. If otherwise eligible, the 15
juvenile is eligible for an occupational license under s. 343.10.
SB99, s. 5
973.137 of the statutes is created to read:
17973.137 Courts to report convictions to the department of
Upon conviction of a person for any of the following offenses, the 19
clerk of the court in which such conviction occurred shall promptly forward the record 20
of conviction to the department of transportation:
A violation of s. 947.015, if the property involved is a school premises, as 22
defined in s. 948.61 (1) (c).
A violation of s. 948.605.
(1) This act first applies to violations of section 947.015 or 948.605 of the 2
statutes committed on the effective date of this subsection.