LRB-1779/1
PJH:jld:cph
2003 - 2004 LEGISLATURE
February 18, 2003 - Introduced by Senators Brown, Risser and George,
cosponsored by Representatives
Ainsworth, Hebl, Bies, Freese, Hines,
McCormick, Pope-Roberts, Stone and Townsend. Referred to Committee on
Judiciary, Corrections and Privacy.
SB37,1,2
1An Act to amend 347.48 (2m) (gm) and 347.50 (2m) (a) of the statutes;
relating
2to: enforcement of motor vehicle safety belt violations and providing a penalty.
Analysis by the Legislative Reference Bureau
This state requires the use of safety belts in certain motor vehicles. Under
current law, with specific exceptions, no person may drive a motor vehicle unless he
or she is properly restrained by a safety belt and unless he or she reasonably believes
that each passenger between the ages of four and fifteen years old is properly
restrained by a safety belt. No person who is at least four years old may be a
passenger in the front seat of a motor vehicle unless that person is properly
restrained by a safety belt. Current law prohibits a law enforcement officer from
stopping or inspecting a motor vehicle solely to determine compliance with safety
belt use requirements. The officer may, however, issue a citation for a violation
observed in the course of a stop or inspection made for other purposes. A law
enforcement officer may not take a person into physical custody solely for a violation
of safety belt use requirements.
This bill authorizes a law enforcement officer to stop or inspect a vehicle solely
to determine compliance with safety belt use requirements, if the officer has probable
cause to believe that a violation has occurred. The bill also increases the penalty for
violating this state's laws requiring the use of safety belts from $10 to $25 for a first
offense and to not less than $50 nor more than $75 for the second and each later
offense committed within three years. As under current law, violators pay no
additional costs, fees, or assessments.
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.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB37, s. 1
1Section
1. 347.48 (2m) (gm) of the statutes is amended to read:
SB37,2,112
347.48
(2m) (gm)
Notwithstanding s. 349.02, a law enforcement officer may not
3stop or inspect a vehicle solely to determine compliance with this subsection or sub.
4(1) or (2) or a local ordinance in conformity with this subsection, sub. (1) or (2) or rules
5of the department. This paragraph does not limit the authority of a law enforcement
6officer to issue a citation for a violation of this subsection or sub. (1) or (2) or a local
7ordinance in conformity with this subsection, sub. (1) or (2) or rules of the department
8observed in the course of a stop or inspection made for other purposes, except that
9a A law enforcement officer may not take a person into physical custody solely for
10a violation of this subsection or sub. (1) or (2) or a local ordinance in conformity with
11this subsection, sub. (1) or (2) or rules of the department.
SB37, s. 2
12Section
2. 347.50 (2m) (a) of the statutes is amended to read:
SB37,2,1613
347.50
(2m) (a) Any person who violates s. 347.48 (2m) (b) or (c) and any person
1416 years of age or older who violates s. 347.48 (2m) (d) may be required to forfeit
$10
15$25 for the first offense and not less than $50 nor more than $75 for the 2nd or any
16later offense committed within 3 years.
SB37,2,2018
(1) The treatment of section 347.50 (2m) (a) of the statutes first applies to
19violations committed on the effective date of this subsection, but does not preclude
20the counting of other violations as prior violations for sentencing a person.
SB37,3,2
1(1)
This act takes effect on the first day of the 7th month beginning after
2publication.
