LRB-2252/1
ARG:bjk:jf
2009 - 2010 LEGISLATURE
March 30, 2009 - Introduced by Representatives Grigsby, Kessler, Fields,
Berceau, Smith, Young, Sinicki, Mason, A. Ott, A. Williams and Toles,
cosponsored by Senators Taylor, Lehman and Plale. Referred to Committee
on Transportation.
AB177,1,3
1An Act to repeal 343.31 (1) (hm); and
to amend 343.30 (1g) (b) of the statutes;
2relating to: operating a motor vehicle while suspended, revoked, or
3disqualified.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from operating a motor vehicle on the highway
during any period in which the person's motor vehicle operating privilege is
suspended (OWS) or revoked (OAR) or the person is disqualified from operating a
commercial motor vehicle (OWD). A court may suspend a person's operating
privilege for any period not exceeding six months upon the person's conviction for
OAR, OWS, or OWD. However, a court must revoke a person's operating privilege,
for a period of six months or less, upon the person's conviction for OAR, OWS, or OWD
if the person has been convicted of three or more prior violations of OAR, OWS, or
OWD within the preceding five-year period. In addition, the Department of
Transportation (DOT) must administratively revoke a person's operating privilege,
for a period of six months unless the court has ordered a revocation for a lesser period,
upon receiving a record of conviction showing that the person has been convicted of
OAR, OWS, or OWD if the person has been convicted of three or more prior violations
of OAR, OWS, or OWD within the preceding five-year period.
This bill makes court-ordered operating privilege revocation for a fourth
offense OAR, OWS, or OWD permissive rather than mandatory and eliminates the
requirement that DOT administratively revoke a person's operating privilege for a
fourth offense OAR, OWS, or OWD.
For further information see the state 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:
AB177, s. 1
1Section
1. 343.30 (1g) (b) of the statutes is amended to read:
AB177,2,92
343.30
(1g) (b) A court
shall may revoke a person's operating privilege upon the
3person's conviction for violating s. 343.44 (1) (a), (b)
, or (d) or a local ordinance in
4conformity therewith if the person has been convicted of 3 or more prior violations
5of s. 343.44 (1) (a), (b)
, or (d), or similar violations under s. 343.44 (1), 1997 stats., or
6a local ordinance in conformity therewith, within the 5-year period preceding the
7violation.
The Any revocation
under this paragraph shall be for a period of 6 months,
8unless the court orders a period of revocation of less than 6 months and places its
9reasons for ordering the lesser period of revocation on the record.
AB177, s. 2
10Section
2. 343.31 (1) (hm) of the statutes is repealed.
AB177,2,1412
(1) This act first applies to violations committed on the effective date of this
13subsection, but does not preclude the counting of other violations as prior violations
14for purposes of sentencing a person.
AB177,2,1716
(1) This act takes effect on the first day of the 3rd month beginning after
17publication.
