2009 - 2010 LEGISLATURE
April 23, 2009 - Introduced by Representatives Bies, Kaufert, Lothian, Mursau,
Nass, Nerison, Petrowski, Spanbauer, Suder, Townsend and Zepnick,
cosponsored by Senators A. Lasee, Lassa, Darling and Olsen. Referred to
Committee on Criminal Justice.
1An Act to repeal
346.74 (5) (e); and to amend
346.74 (5) (b) of the statutes; 2relating to: duties upon striking a person or an attended or occupied vehicle
3and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, the operator of a vehicle may not leave the scene of an
accident upon striking a person or an attended or occupied vehicle without giving
certain information, and rendering assistance or aid to an injured person at the scene
of the accident, if necessary. An operator who fails to do so is subject to varying
penalties, depending on the severity of injury to the other person. Currently, if the
other person was injured but did not suffer great bodily harm, the operator who
leaves the scene of an accident may be fined not more than $10,000 or imprisoned for
not more than nine months or both.
This bill provides that an operator who leaves the scene of an accident that
causes injury, but not great bodily harm, to another person without providing the
required information or rendering the required assistance is guilty of a Class I felony
and may be fined not more than $10,000 or imprisoned for not more than three years
and six months or both.
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:
AB232, s. 1
346.74 (5) (b) of the statutes is amended to read:
(b) May be fined not more than $10,000 or imprisoned for not more
3than 9 months or both Is guilty of a Class I felony
if the accident involved injury to 4
a person but the person did not suffer great bodily harm.
AB232, s. 2
346.74 (5) (e) of the statutes is repealed.
(1) This act first applies to violations that occur on the effective date of this 8