LRB-1536/1
PJH:kjf:jf
2005 - 2006 LEGISLATURE
March 16, 2005 - Introduced by Representatives Bies, Sinicki, Hines, Ainsworth,
Black, Ott, Pope-Roberts, Gottlieb
and Townsend, cosponsored by Senators
Risser and Brown. Referred to Committee on Transportation.
AB215,1,2 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
Primary enforcement of safety belt law
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 safety belt use 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. However, under the bill, a person who
qualifies as a disabled driver may operate a vehicle without wearing a safety belt.
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.

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:
AB215, s. 1 1Section 1. 347.48 (2m) (gm) of the statutes is amended to read:
AB215,2,112 347.48 (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
10a violation 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.
AB215, s. 2 12Section 2. 347.50 (2m) (a) of the statutes is amended to read:
AB215,2,1613 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
.
AB215, s. 3 17Section 3 . Initial applicability.
AB215,2,2018 (1) The treatment of section 347.50 (2m) (a) of the statutes first applies to
19violations committed on the effective date of this subsection, but does not preclude
20the counting of other violations as prior violations for sentencing a person.
AB215, s. 4
1Section 4. Effective dates. This act takes effect on the day after publication,
2except as follows:
AB215,3,53 (1) The treatment of sections 347.48 (2m) (gm) and 347.50 (2m) (a) of the
4statutes and Section 3 (1) of this act take effect on the first day of the 7th month
5beginning after publication.
AB215,3,66 (End)
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