2017 - 2018 LEGISLATURE
June 16, 2017 - Introduced by Representatives Jacque, Ballweg, R. Brooks,
Horlacher, Kleefisch, Kremer, Murphy, Skowronski and Tusler,
cosponsored by Senators Wanggaard, Marklein and L. Taylor. Referred to
Committee on Judiciary.
1An Act to amend
343.44 (1) (b) and 343.44 (2) (b) (intro.) of the statutes; 2relating to: operating a motor vehicle after revocation of the operating
3privilege and requirements of the court during sentencing.
Analysis by the Legislative Reference Bureau
Under current law, no person whose operating privilege has been revoked may
“knowingly operate a motor vehicle upon any highway in this state during the period
of revocation.” This bill eliminates the word “knowingly” from current law and
provides that a person's knowledge that his or her operating privilege is revoked is
not an element of the offense of operating after revocation (OAR).
Under current law, in imposing a sentence for an OAR violation, the court is
required to consider all of the following: 1) aggravating and mitigating
circumstances, 2) the class of vehicle operated, 3) the number of prior convictions
within the preceding 5 years, 4) the reason for the revocation, and 5) any convictions
for moving violations arising out of the incident. This bill provides that the court may
consider this information.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
343.44 (1) (b) of the statutes is amended to read:
(b) Operating while revoked.
No person whose operating privilege 2
has been duly revoked under the laws of this state may knowingly
operate a motor 3
vehicle upon any highway in this state during the period of revocation or in violation 4
of any restriction on an occupational license issued to the person during the period 5
of revocation. A person's knowledge that his or her operating privilege is revoked is
6not an element of the offense under this paragraph.
In this paragraph, “
on an occupational license" means restrictions imposed under s. 343.10 (5) (a) as to 8
hours of the day, area, routes or purpose of travel, vehicles allowed to be operated, 9
use of an ignition interlock device, sobriety or use of alcohol, controlled substances 10
or controlled substance analogs.
343.44 (2) (b) (intro.) of the statutes is amended to read:
(b) (intro.) In imposing a sentence under par. (ar) or (br), the court 13shall may
review the record and consider the following: