AB104: Bill Text

LRB-1953/1

RPN:jrd:ks

1995 - 1996 LEGISLATURE

1995 Assembly BILL 104

February 6, 1995 - Introduced by Representatives Gard, Hutchison, Handrick, Silbaugh, Lehman, Kaufert, Ward, Brandemuehl, Ladwig, Ott, Ziegelbauer, Goetsch, Freese and Green, cosponsored by Senators Panzer, Rosenzweig and Darling. Referred to Committee on Highways and Transportation.

AB104,1,3 An Act to amend 343.30 (5); and to create 23.795 (3) of the statutes; relating to: revocation or suspension of a person's operating privilege for failure to pay a judgment entered for violating hunting, fishing and certain other laws.

Analysis by the Legislative Reference Bureau

Current law sets forth a procedure to be used by arresting officials and the courts for violations of hunting and fishing laws and certain other laws, most of which are administered by the department of natural resources. Under current law, if the defendant fails to appear in court at the time fixed in the complaint and has not made a deposit, the court may issue a summons or an arrest warrant or consider the nonappearance to be a plea of no contest and enter judgment against the defendant.

Current law allows courts to enter judgments for payments of forfeitures by defendants who are found guilty of violating these laws. Under current law, if the defendant fails to pay a forfeiture, a court may imprison the defendant for up to 5 days, or until the judgment is paid, or order the judgment modified or stayed. Instead of imprisoning the defendant, the court may revoke or suspend the defendant's hunting and fishing privileges. This bill allows the court to revoke or suspend the defendant's motor vehicle operating privileges for up to one year or until the judgment is paid.

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:

AB104, s. 1 Section 1. 23.795 (3) of the statutes is created to read:

AB104,2,6 23.795 (3) In lieu of an order of imprisonment under sub. (1) (a), the court may revoke or suspend the defendant's operating privilege, as defined in s. 340.01 (40), for a period not to exceed one year, or until the judgment is paid, whichever occurs first. The court shall immediately take possession of any suspended or revoked operating privilege and forward it to the department of transportation together with the record of conviction and notice of suspension or revocation.

AB104, s. 2 Section 2. 343.30 (5) of the statutes is amended to read:

AB104,2,16 343.30 (5) No court may suspend or revoke an operating privilege except as authorized by this chapter or ch. 48, 345 or 351 or s. 23.795 or 161.50. When a court revokes, suspends or restricts a child's operating privilege under ch. 48, the department of transportation shall not disclose information concerning or relating to the revocation, suspension or restriction to any person other than a court, district attorney, county corporation counsel, city, village or town attorney, law enforcement agency, or the minor whose operating privilege is revoked, suspended or restricted, or his or her parent or guardian. Persons entitled to receive this information shall not disclose the information to other persons or agencies.

AB104, s. 3 Section 3. Initial applicability.

AB104,2,19 (1)  This act first applies to violations occurring on the effective date of this subsection.

AB104,2,20 (End)