LRB-0135/1
RPN:kaf:jlb
1997 - 1998 LEGISLATURE
June 4, 1997 - Introduced by Representatives Black, Albers, Notestein, La Fave,
Ott and Otte, cosponsored by Senator Roessler. Referred to Committee on
Highways and Transportation.
AB405,1,3
1An Act to amend 343.45 (3); and
to create 343.45 (3m) of the statutes;
relating
2to: permitting persons who have their operating privilege suspended or
3revoked to operate a motor vehicle and providing penalties.
Analysis by the Legislative Reference Bureau
Present law prohibits a person from authorizing or permitting the operation of
his or her motor vehicle by another person if that other person is not authorized to
operate a motor vehicle. The present penalty for a violation is a forfeiture of not more
than $100. This bill creates 2 new penalties for that violation if the person
authorizing or permitting the operation of his or her motor vehicle by another knew
or should have known that the other person was not allowed to operate a motor
vehicle because the other person had one or more prior violations of operating a
motor vehicle while under the influence of an intoxicant or drugs or a combination
of an intoxicant and drugs. For the first conviction within a 5-year period, the
penalty is a fine of not less than $150 nor more than $300 or imprisonment for not
more than 10 days or both. For a 2nd or subsequent conviction within a 5-year
period, the penalty is a fine of not less than $300 nor more than $1,000 and
imprisonment for not less than 5 days nor more than 30 days.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB405, s. 1
4Section
1. 343.45 (3) of the statutes is amended to read:
AB405,2,3
1343.45
(3) Except as
another penalty is provided
by under sub. (3m) or s.
2343.245 (4) (b), any person violating this section may be required to forfeit not more
3than $100.
AB405, s. 2
4Section
2. 343.45 (3m) of the statutes is created to read:
AB405,2,95
343.45
(3m) Any person who authorized or permitted another to operate a
6motor vehicle in violation of sub. (2), who knew or should have known that the person
7who was authorized or permitted to operate a motor vehicle had his or her operating
8privilege suspended or revoked as the result of a conviction, suspension or revocation
9that would be counted under s. 343.307 (2), is subject to the following penalties:
AB405,2,1110
(a) For the first conviction within 5 years, a fine of not less than $150 nor more
11than $300 or imprisonment for not more than 10 days or both.
AB405,2,1412
(b) For a 2nd or subsequent conviction within 5 years, a fine of not less than
13$300 nor more than $1,000 and imprisonment for not less than 5 days nor more than
1430 days.
AB405,2,1816
(1) This act first applies to offenses committed on the effective date of this
17subsection, but does not preclude the counting of other violations as prior violations
18for purposes of sentencing.
