LRB-0779/1
PJH:hmh:rs
2001 - 2002 LEGISLATURE
February 7, 2001 - Introduced by Senators Risser, George, Burke, Huelsman and
Baumgart, cosponsored by Representatives Stone, La Fave and Urban.
Referred to Committee on Judiciary, Consumer Affairs, and Campaign
Finance Reform.
SB47,1,2 1An Act to amend 347.48 (2m) (gm) and 347.50 (2m) (a) of the statutes; relating
2to:
enforcement of motor vehicle safety belt violations and providing a penalty.
Analysis by the Legislative Reference Bureau
This state requires the use of safety belts in certain motor vehicles. Under
current law, with specific exceptions, no person may drive a motor vehicle unless he
or she is properly restrained by a safety belt and unless he or she reasonably believes
that each passenger between the ages of four and fifteen years old is properly
restrained by a safety belt. No person who is at least four years old may be a
passenger in the front seat of a motor vehicle unless that person is properly
restrained by a safety belt. Current law prohibits a law enforcement officer from
stopping or inspecting a motor vehicle solely to determine compliance with safety
belt use requirements. The officer may, however, issue a citation for a violation
observed in the course of a stop or inspection made for other purposes. A law
enforcement officer may not take a person into physical custody solely for a violation
of those requirements.
This bill authorizes a law enforcement officer to stop or inspect a vehicle solely
to determine compliance with safety belt use requirements, if the officer has probable
cause to believe that a violation has occurred. For the first six months after the
effective date, if the law enforcement officer stops or inspects a vehicle solely to
determine compliance with safety belt requirements and observes a violation, the
officer may issue a warning, but not a citation, for the violation.
The bill also increases the penalty for violating this state's laws requiring the
use of safety belts from $10 to $25 for a first offense and to not less than $50 nor more

than $75 for the second and each later offense committed within three years. As
under current law, violators pay no additional costs, fees, or assessments.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB47, s. 1 1Section 1. 347.48 (2m) (gm) of the statutes is amended to read:
SB47,2,112 347.48 (2m) (gm) Notwithstanding s. 349.02, a law enforcement officer may not
3stop or inspect a vehicle solely to determine compliance with this subsection or sub.
4(1) or (2) or a local ordinance in conformity with this subsection, sub. (1) or (2) or rules
5of the department. This paragraph does not limit the authority of a law enforcement
6officer to issue a citation for a violation of this subsection or sub. (1) or (2) or a local
7ordinance in conformity with this subsection, sub. (1) or (2) or rules of the department
8observed in the course of a stop or inspection made for other purposes, except that
9a
A law enforcement officer may not take a person into physical custody solely for a
10violation of this subsection or sub. (1) or (2) or a local ordinance in conformity with
11this subsection, sub. (1) or (2) or rules of the department.
SB47, s. 2 12Section 2. 347.50 (2m) (a) of the statutes is amended to read:
SB47,2,1613 347.50 (2m) (a) Any person who violates s. 347.48 (2m) (b) or (c) and any person
1416 years of age or older who violates s. 347.48 (2m) (d) may be required to forfeit $10
15$25 for the first offense and not less than $50 nor more than $75 for the 2nd or any
16later offense committed within 3 years
.
SB47, s. 3 17Section 3. Nonstatutory provisions.
SB47,3,418 (1) Notwithstanding section 347.48 (2m) (gm) of the statutes, during the period
19beginning on the effective date of this subsection and ending on the last day of the
206th month beginning on the effective date of this subsection, a law enforcement
21officer may stop or inspect a vehicle solely to determine compliance with section

1347.48 (1), (2), or (2m) of the statutes, or a local ordinance in conformity with section
2347.48 (1), (2), or (2m) of the statutes, or rules of the department, and may, as a result
3of such stop or inspection, issue a warning notice, but not a citation, for any violation
4specified in this subsection.
SB47, s. 4 5Section 4. Initial applicability.
SB47,3,86 (1) The treatment of section 347.50 (2m) (a) of the statutes first applies to
7violations committed on the effective date of this subsection, but does not preclude
8the counting of other violations as prior violations for sentencing a person.
SB47, s. 5 9Section 5. Effective dates. This act takes effect on the day after publication,
10except as follows:
SB47,3,1211 (1) The treatment of section 347.48 (2m) (gm) of the statutes takes effect on the
12first day of the 7th month beginning after publication.
SB47,3,1313 (End)
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