LRB-3716/1
PEN:cmh:km
1999 - 2000 LEGISLATURE
January 19, 2000 - Introduced by Representatives Brandemuehl, Stone, La Fave,
Goetsch, Hundertmark, Spillner, Ladwig, Kelso, Albers, Ainsworth
and
Owens, cosponsored by Senators Breske, Roessler, Darling, Huelsman,
Baumgart
and Rosenzweig. Referred to Committee on Transportation.
AB668,1,5 1An Act to amend 343.30 (1g) (b), 343.31 (1) (hm), 343.38 (1) (c) 2. d., 343.44 (2)
2(am) and 343.44 (2r) of the statutes; relating to: counting prior offenses of
3operating a motor vehicle with an operating privilege that is suspended or
4revoked, or of operating a commercial motor vehicle while disqualified or
5ordered out of service.
Analysis by the Legislative Reference Bureau
Numerous changes to the law were made by 1997 Wisconsin Act 84 regarding
operating a motor vehicle with an operating privilege that is suspended or revoked
and regarding operating a commercial motor vehicle while ordered out of service or
while disqualified. The changes take effect May 1, 2001, or when implemented by
the department of transportation, whichever is sooner. It is unclear under that act
whether convictions of certain offenses committed before the implementation of 1997
Wisconsin Act 84
must be counted as prior convictions after the implementation of
1997 Wisconsin Act 84. The number of prior convictions is used, before and after
implementation of 1997 Wisconsin Act 84, to determine the appropriate penalty or
administrative sanction to impose on a person convicted of a second, or subsequent,
similar offense.
This bill clarifies that convictions for certain offenses (operating a motor vehicle
with an operating privilege that is suspended or revoked, or operating a commercial
motor vehicle while ordered out of service or while disqualified) that are committed

before the implementation of 1997 Wisconsin Act 84 must be counted as prior
convictions after the implementation of 1997 Wisconsin Act 84.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB668, s. 1 1Section 1. 343.30 (1g) (b) of the statutes, as affected by 1997 Wisconsin Act 84,
2is amended to read:
AB668,2,103 343.30 (1g) (b) A court shall revoke a person's operating privilege upon the
4person's conviction for violating s. 343.44 (1) (a), (b) or (d) or a local ordinance in
5conformity therewith if the person has been convicted of 3 or more prior violations
6of s. 343.44 (1) (a), (b) or (d), or s. 343.44 (1), 1997 stats., or a local ordinance in
7conformity therewith, within the 5-year period preceding the violation. The
8revocation shall be for a period of 6 months, unless the court orders a period of
9revocation of less than 6 months and places its reasons for ordering the lesser period
10of revocation on the record.
AB668, s. 2 11Section 2. 343.31 (1) (hm) of the statutes, as created by 1997 Wisconsin Act
1284
, is amended to read:
AB668,2,1813 343.31 (1) (hm) A violation of s. 343.44 (1) (a), (b) or (d), or a local ordinance in
14conformity therewith, if the person has been convicted of 3 or more prior violations
15of s. 343.44 (1) (a), (b) or (d), or s. 343.44 (1), 1997 stats., or a local ordinance in
16conformity therewith within the 5-year period preceding the violation. Revocation
17under this paragraph shall be for a period of 6 months unless a lesser period of
18revocation is ordered under s. 343.30 (1g) (b).
AB668, s. 3 19Section 3. 343.38 (1) (c) 2. d. of the statutes, as created by 1997 Wisconsin Act
2084
, is amended to read:
AB668,3,5
1343.38 (1) (c) 2. d. Reinstatement of an operating privilege revoked under s.
2343.31 (1) (b) or (2) if, within the 5-year period preceding the violation, the person
3has not been convicted of a prior offense that may be counted under s. 343.307 (2) and
4if, within the 10-year period preceding the violation, the person has not been
5convicted of 2 or more prior offenses that may be counted under s. 343.307 (2).
AB668, s. 4 6Section 4. 343.44 (2) (am) of the statutes, as affected by 1997 Wisconsin Act
784
and 1999 Wisconsin Act 9, is amended to read:
AB668,3,128 343.44 (2) (am) Any person who violates sub. (1) (b) before May 1, 2002, may
9be required to forfeit not more than $600, except that, if the person has been
10convicted of a previous violation described in of sub. (1) (b), or of operating a motor
11vehicle in violation of s. 343.44 (1), 1997 stats., with an operating privilege that is
12revoked,
within the preceding 5-year period, the penalty under par. (b) shall apply.
AB668, s. 5 13Section 5. 343.44 (2r) of the statutes, as affected by 1997 Wisconsin Act 84, is
14amended to read:
AB668,3,1915 343.44 (2r) Prior convictions. For purposes of determining prior convictions
16under this section, the 5-year period shall be measured from the dates of the
17violations that resulted in the convictions and each conviction under sub. (2) shall
18be counted. Convictions of s. 343.44 (1), 1997 stats., shall be counted under this
19section as prior convictions.
AB668, s. 6 20Section 6. Effective date.
AB668,3,2321 (1) This act takes effect on May 1, 2001, or on the date stated in the notice
22published by the secretary of transportation in the Wisconsin Administrative
23Register under section 85.515 of the statutes, whichever is earlier.
AB668,3,2424 (End)
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