LRB-0662/1
ZDW:emw&amn
2017 - 2018 LEGISLATURE
April 5, 2017 - Introduced by Representatives Brandtjen, Knodl, Novak,
Horlacher, Weatherston, R. Brooks, Krug, Petryk, Kremer, Sanfelippo,
Tittl, Considine, Rohrkaste and Tusler, cosponsored by Senators Olsen,
Erpenbach and Wirch. Referred to Committee on Criminal Justice and Public
Safety.
AB201,1,7 1An Act to repeal 343.31 (2t) (a) 1.; to amend 343.30 (1), 343.31 (2t) (a) (intro.),
2343.31 (2t) (b), 346.17 (1), 346.17 (2), 346.30 (1) (b) 1., 346.36 (1), 346.43 (1) (b)
31., 346.49 (1) (a) and 346.95 (1); and to create 343.31 (2t) (c), 346.17 (6), 346.30
4(5), 346.36 (3), 346.43 (4), 346.49 (5) and 346.95 (13) of the statutes; relating
5to:
traffic violations requiring operating privilege suspension and attendance
6at a vehicle right-of-way course, increasing penalties for numerous traffic
7violations, and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill expands the list of traffic violations for which the Department of
Transportation must suspend a violator's operating privilege and require attendance
at a vehicle right-of-way course, and increases the penalties for certain offenses.
Current law specifies the required method of operation of a motor vehicle in all
of the following circumstances:
1. Driving on a roadway.
2. Meeting vehicles passing in opposite directions.
3. Overtaking and passing another vehicle.
4. Facing a stop sign or traffic control signal.
5. Proceeding through an intersection.
6. Turning at an intersection.

7. Yielding to a pedestrian, bicycle, or electric mobility device in a crosswalk.
8. Backing.
9. Entering the roadway from an alley or a parked position.
Under current law, a person who violates the requirements applicable in these
circumstances may be subject to a forfeiture of between $20 and $300, depending on
the violation. For certain right-of-way violations, a court may suspend a person's
operating privilege for up to one year, and DOT is required to order the person to
attend a vehicle right-of-way course. DOT may not reinstate a person's operating
privilege unless the person has completed the required course.
Under this bill, if a person has committed any of the aforementioned violations
and the violation results in great bodily harm or death to another, the person must
forfeit $500 if great bodily harm results, and $1,000 if death results. In addition,
DOT must require attendance at the vehicle right-of-way course and suspend the
person's operating privilege. This DOT suspension must be for a period of three
months if the offense resulted in great bodily harm to another, and nine months if
the offense resulted in the death of another. Under this bill, if a person has
committed any of the aforementioned violations and the violation does not result in
great bodily harm or death to another, DOT must require attendance at the vehicle
right-of-way course. If the person fails to complete the course within six months,
DOT must suspend the person's operating privilege until the person completes the
course, but the period of the suspension may not exceed five years.
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:
AB201,1 1Section 1. 343.30 (1) of the statutes is amended to read:
AB201,2,82 343.30 (1) A court may suspend a person's operating privilege for any period
3not exceeding one year upon such person's conviction in such court of violating any
4of the state traffic laws or any local ordinance enacted under ch. 349, other than a
5violation of s. 346.05 (1), 346.06, 346.07 (2) or (3), 346.09, 346.18, 346.23, 346.31,
6346.37 (1) (a) 1., (c) 3., or (d) 1., 346.39 (1), 346.46 (1) or (4) (a), 346.47 (1) or (2), or
7346.87
or a local ordinance in conformity with s. 346.18 therewith for which
8operating privilege suspension is required under s. 343.31 (2t) (a).
AB201,2 9Section 2. 343.31 (2t) (a) (intro.) of the statutes is amended to read:
AB201,3,6
1343.31 (2t) (a) (intro.) The department shall suspend a person's operating
2privilege upon receiving a record of conviction for a violation of s. 346.05 (1), 346.06,
3346.07 (2) or (3), 346.09,
346.18, 346.23, 346.31, 346.37 (1) (a) 1., (c) 3., or (d) 1., 346.39
4(1), 346.46 (1) or (4) (a), 346.47 (1) or (2), or 346.87
or a local ordinance in conformity
5with s. 346.18 therewith, resulting in bodily harm, as defined in s. 939.22 (4), great
6bodily harm, as defined in s. 939.22 (14), or death, as follows:
AB201,3 7Section 3. 343.31 (2t) (a) 1. of the statutes is repealed.
AB201,4 8Section 4. 343.31 (2t) (b) of the statutes is amended to read:
AB201,3,249 343.31 (2t) (b) If a person is convicted of violating s. 346.05 (1), 346.06, 346.07
10(2) or (3), 346.09,
346.18, 346.23, 346.31, 346.37 (1) (a) 1., (c) 3., or (d) 1., 346.39 (1),
11346.46 (1) or (4) (a), 346.47 (1) or (2), or 346.87
or a local ordinance in conformity with
12s. 346.18
therewith, in addition to any other penalty provided by law, the department
13shall order the person to attend a vehicle right-of-way course whose mode of
14instruction is approved by the secretary and which is conducted by any regularly
15established safety organization, by the provider of driver education courses approved
16under s. 38.04 (4) or 115.28 (11), or by a driver school licensed under s. 343.61. The
17course of instruction shall acquaint the person with vehicle right-of-way rules and
18provide instruction on motorcycle, pedestrian, and bicycle awareness. If the course
19is conducted by the provider of approved driver education courses or a driver school,
20the provider or driver school shall issue to the person a certificate upon successful
21completion of the course. If a person's operating privilege has been suspended under
22par. (a) or (c), the department may not reinstate the person's operating privilege
23unless the person has successfully completed the course required under this
24paragraph.
AB201,5 25Section 5. 343.31 (2t) (c) of the statutes is created to read:
AB201,4,9
1343.31 (2t) (c) If a person is convicted of violating s. 346.05 (1), 346.06, 346.07
2(2) or (3), 346.09, 346.18, 346.23, 346.31, 346.37 (1) (a) 1., (c) 3., or (d) 1., 346.39 (1),
3346.46 (1) or (4) (a), 346.47 (1) or (2), or 346.87 or a local ordinance in conformity
4therewith and great bodily harm or death did not result, and the person has not
5completed the course required under par. (b) within 6 months of the department
6ordering the person to attend the course, the department shall suspend the person's
7operating privilege until the person successfully completes the course. The
8department may not suspend a person's operating privilege for more than 5 years
9under this subsection.
AB201,6 10Section 6. 346.17 (1) of the statutes is amended to read:
AB201,4,1411 346.17 (1) Except as provided in sub. subs. (5) and (6), any person violating s.
12346.04 (1) or (2), 346.06, 346.12 or 346.13 (1) or (3) may be required to forfeit not less
13than $20 nor more than $40 for the first offense and not less than $50 nor more than
14$100 for the 2nd or subsequent conviction within a year.
AB201,7 15Section 7. 346.17 (2) of the statutes is amended to read:
AB201,4,1816 346.17 (2) Any Except as provided in sub. (6), any person violating ss. 346.05,
17346.07 (2) or (3), 346.072, 346.08, 346.09, 346.10 (2) to (4), 346.11, 346.13 (2) or 346.14
18to 346.16 may be required to forfeit not less than $30 nor more than $300.
AB201,8 19Section 8. 346.17 (6) of the statutes is created to read:
AB201,4,2220 346.17 (6) (a) If a person violates s. 346.05 (1), 346.06, 346.07 (2) or (3), or
21346.09 and the violation results in great bodily harm, as defined in s. 939.22 (14), to
22another, the person shall forfeit $500.
AB201,4,2423 (b) If a person violates s. 346.05 (1), 346.06, 346.07 (2) or (3), or 346.09 and the
24violation results in death to another, the person shall forfeit $1,000.
AB201,9 25Section 9. 346.30 (1) (b) 1. of the statutes is amended to read:
AB201,5,4
1346.30 (1) (b) 1. Unless otherwise Except as provided in subd. 2. or sub. (5), any
2operator of a vehicle violating s. 346.23 or 346.28 may be required to forfeit not less
3than $20 nor more than $40 for the first offense and not less than $50 nor more than
4$100 for the 2nd or subsequent conviction within a year.
AB201,10 5Section 10. 346.30 (5) of the statutes is created to read:
AB201,5,76 346.30 (5) (a) If a person violates s. 346.23 and the violation results in great
7bodily harm, as defined in s. 939.22 (14), to another, the person shall forfeit $500.
AB201,5,98 (b) If a person violates s. 346.23 and the violation results in death to another,
9the person shall forfeit $1,000.
AB201,11 10Section 11. 346.36 (1) of the statutes is amended to read:
AB201,5,1411 346.36 (1) Unless otherwise Except as provided in sub. subs. (2) and (3), any
12person violating ss. 346.31 to 346.35 may be required to forfeit not less than $20 nor
13more than $40 for the first offense and not less than $50 nor more than $100 for the
142nd or subsequent conviction within a year.
AB201,12 15Section 12. 346.36 (3) of the statutes is created to read:
AB201,5,1716 346.36 (3) (a) If a person violates s. 346.31 and the violation results in great
17bodily harm, as defined in s. 939.22 (14), to another, the person shall forfeit $500.
AB201,5,1918 (b) If a person violates s. 346.31 and the violation results in death to another,
19the person shall forfeit $1,000.
AB201,13 20Section 13. 346.43 (1) (b) 1. of the statutes is amended to read:
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