Current law prohibits inattentive driving of a motor vehicle, which includes:
1) being so engaged or occupied, while driving a motor vehicle, as to interfere with
the safe driving of the vehicle; 2) operating a motor vehicle equipped with a television
or similar device in the front of the vehicle or otherwise visible to the operator; and
3) driving a motor vehicle while composing or sending an electronic text message or
an e-mail message. Any person who commits forms 1) and 3) of inattentive driving
is subject to a forfeiture of not less than $20 nor more than $400 and any person who
commits form 2) of inattentive driving is subject to a forfeiture of not less than $20
nor more than $40 for the first offense and not less than $50 nor more than $100 for
the second or subsequent offense within a year.
Under this bill, if any inattentive driving violation results in harm to a
vulnerable highway user, the penalty is increased to a Class I felony and the court
must suspend the person's operating privilege for a period of one year.
Current law prohibits a person from causing bodily harm or great bodily harm
to another by the negligent operation of a vehicle (reckless driving). A person who
commits a reckless driving violation that causes bodily harm is subject to a fine of
not less than $300 nor more than $2,000 and may be imprisoned for not less than 30
days nor more than one year. A person who commits a reckless driving violation that
causes great bodily harm is guilty of a Class I felony and must have his or her
operating privilege revoked by the Department of Transportation (DOT) for one year.

Under this bill, a reckless driving violation that causes harm or great bodily
harm to a vulnerable highway user is punishable as a Class H felony and the violator
must have his or her operating privilege revoked by DOT for a period of two years.
Under current law, local authorities may enact and enforce traffic regulations
that are in strict conformity with state statutes and that provide for a forfeiture as
a penalty.
Under this bill, if a local authority enacts a traffic regulation in strict
conformity with a state statute and the statutory penalty is doubled if the violation
results in harm to a vulnerable highway user, the applicable ordinance penalty for
the ordinance violation must also include the doubling of the forfeiture.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
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:
SB431, s. 1 1Section 1. 340.01 (74p) of the statutes is created to read:
SB431,4,22 340.01 (74p) "Vulnerable highway user" means any of the following:
SB431,4,33 (a) A pedestrian.
SB431,4,44 (b) A bicyclist.
SB431,4,55 (c) An operator of an electric personal assistive mobility device.
SB431,4,66 (d) An operator of a motorcycle, moped, or motor bicycle.
SB431,4,87 (e) An operator of, or passenger on, an animal-drawn vehicle, farm tractor,
8farm truck tractor, farm trailer, or implement of husbandry.
SB431,4,99 (f) A person riding upon in-line skates, a horse, or a play vehicle.
SB431,4,1110 (g) A law enforcement officer, traffic officer, fire fighter, or emergency medical
11technician, while performing his or her official duties.
SB431,4,1312 (h) A person who is rendering medical or emergency assistance to another
13person.
SB431, s. 2
1Section 2. 343.30 (1j) (d) of the statutes is created to read:
SB431,5,42 343.30 (1j) (d) Notwithstanding pars. (a) to (c), for a period of one year, if the
3offense resulted in bodily harm, great bodily harm, or death to a vulnerable highway
4user.
SB431, s. 3 5Section 3. 343.30 (1m) of the statutes is created to read:
SB431,5,96 343.30 (1m) Upon conviction of a person for violating s. 346.075, 346.21, or
7346.89, the court shall suspend the violator's operating privilege for a period of one
8year if the offense resulted in bodily harm, great bodily harm, or death to a
9vulnerable highway user.
SB431, s. 4 10Section 4. 343.31 (1) (a) of the statutes is amended to read:
SB431,5,1311 343.31 (1) (a) Homicide or, great bodily harm, or harm to a vulnerable highway
12user
resulting from the operation of a motor vehicle and which is criminal under s.
13346.62 (4), 940.06, 940.09, 940.10 or 940.25.
SB431, s. 5 14Section 5. 343.31 (1) (ag) of the statutes is created to read:
SB431,5,1615 343.31 (1) (ag) Bodily harm to a vulnerable highway user resulting from the
16operation of a motor vehicle and which is criminal under s. 346.62 (3).
SB431, s. 6 17Section 6. 343.31 (3) (cm) of the statutes is created to read:
SB431,5,2118 343.31 (3) (cm) Any person convicted under s. 346.62 (3) or (4) or 940.10, or
19under s. 940.06 if the offense resulted from the operation of a motor vehicle, shall
20have his or her operating privilege revoked for 2 years if the offense resulted in bodily
21harm, great bodily harm, or death to a vulnerable highway user.
SB431, s. 7 22Section 7. 345.47 (1) (intro.) of the statutes is amended to read:
SB431,6,1423 345.47 (1) (intro.) If the defendant is found guilty, the court may enter
24judgment against the defendant for a monetary amount not to exceed the maximum
25forfeiture provided for the violation, plus costs, fees, and surcharges imposed under

1ch. 814, and, in addition, may suspend or revoke his or her operating privilege under
2s. 343.30. If the violation is one described in s. 346.17 (6) (c), 346.22 (5) (c), 346.65
3(3) (b) or (5) (b), or 346.95 (12) (c), or if the forfeiture for the violation has been doubled
4under s. 346.17 (6), 346.22 (5), 346.30 (5), 346.36 (3), 346.43 (4), 346.49 (5), 346.56
5(5), 346.60 (6), 346.74 (7), 346.82 (3), 346.95 (12), or 349.06 (4), the court may also
6order the defendant to perform community service work.
Upon entering judgment,
7the court shall notify the defendant personally, if the defendant is present, and in
8writing that the defendant should notify the court if he or she is unable to pay the
9judgment because of poverty, as that term is used in s. 814.29 (1) (d). If the defendant
10is present and the court, using the criteria in s. 814.29 (1) (d), determines that the
11defendant is unable to pay the judgment because of poverty, the court shall provide
12the defendant with an opportunity to pay the judgment in installments, taking into
13account the defendant's income. If the judgment is not paid or if the defendant fails
14to make any ordered installment payment, the court shall order:
SB431, s. 8 15Section 8. 346.17 (4) of the statutes is amended to read:
SB431,6,1916 346.17 (4) Any Except as provided in sub. (6) (c), any person violating s. 346.075
17may be required to forfeit not less than $25 nor more than $200 for the first offense
18and not less than $50 nor more than $500 for the 2nd or subsequent violation within
194 years.
SB431, s. 9 20Section 9. 346.17 (6) of the statutes is created to read:
SB431,6,2221 346.17 (6) (a) In this subsection, "harm" means bodily harm, as defined in s.
22939.22 (4), great bodily harm, as defined in s. 939.22 (14), or death.
SB431,7,223 (b) If any violation under ss. 346.04 to 346.072 or 346.08 to 346.16 results in
24harm to a vulnerable highway user, the amount of any forfeiture or fine specified in
25subs. (1) to (3) or s. 939.50 for the violation shall be doubled. If sub. (5) applies with

1respect to the violation, the doubling of the forfeiture under this subsection shall
2apply in addition to any doubling under sub. (5).
SB431,7,43 (c) If any violation under s. 346.075 results in harm to a vulnerable highway
4user, the person who commits the violation is guilty of a Class I felony.
SB431, s. 10 5Section 10. 346.22 (1) (a), (b), (c), (d) and (e) of the statutes are amended to
6read:
SB431,7,107 346.22 (1) (a) Except as provided in par. (b), (c), (d), or (e) or sub. (5) (c), any
8person violating s. 346.18, 346.20 (1), or 346.215 (2) (b) or (3) may be required to
9forfeit not less than $20 nor more than $50 for the first offense and not less than $50
10nor more than $100 for the 2nd or subsequent conviction within a year.
SB431,7,1411 (b) If an operator of a vehicle violates s. 346.18 (6) where persons engaged in
12work in a highway maintenance or construction area or in a utility work area are at
13risk from traffic, any applicable minimum and maximum forfeiture or fine specified
14in par. (a), (c), (d), or (e) or sub. (5) (c) and s. 939.50 for the violation shall be doubled.
SB431,7,1815 (c) If Except as provided in sub. (5) (c), if a person violates s. 346.18 and the
16violation results in bodily harm, as defined in s. 939.22 (4), to another, the person
17shall forfeit $200 and shall have his or her operating privilege suspended as provided
18in s. 343.30 (1j).
SB431,7,2219 (d) If Except as provided in sub. (5) (c), if a person violates s. 346.18 and the
20violation results in great bodily harm, as defined in s. 939.22 (14), to another, the
21person shall forfeit $500 and shall have his or her operating privilege suspended as
22provided in s. 343.30 (1j).
SB431,7,2523 (e) If Except as provided in sub. (5) (c), if a person violates s. 346.18 and the
24violation results in death to another, the person shall forfeit $1,000 and shall have
25his or her operating privilege suspended as provided in s. 343.30 (1j).
SB431, s. 11
1Section 11. 346.22 (3) of the statutes is amended to read:
SB431,8,52 346.22 (3) Any Except as provided in sub. (5) (c), any person violating s. 346.20
3(2), (3) or (4) (b) or (c) or 346.21 may be required to forfeit not less than $10 nor more
4than $20 for the first offense and not less than $25 nor more than $50 for the 2nd or
5subsequent conviction within a year.
SB431, s. 12 6Section 12. 346.22 (5) of the statutes is created to read:
SB431,8,87 346.22 (5) (a) In this subsection, "harm" means bodily harm, as defined in s.
8939.22 (4), great bodily harm, as defined in s. 939.22 (14), or death.
SB431,8,139 (b) If any violation under s. 346.19, 346.20, or 346.215 results in harm to a
10vulnerable highway user, the amount of any forfeiture specified in subs. (1) to (3) for
11the violation shall be doubled. If sub. (1) (b) applies with respect to the violation, the
12doubling of the forfeiture under this subsection shall apply in addition to any
13doubling under sub. (1) (b).
SB431,8,1514 (c) If any violation under s. 346.18 or 346.21 results in harm to a vulnerable
15highway user, the person who commits the violation is guilty of a Class I felony.
SB431, s. 13 16Section 13. 346.30 (5) of the statutes is created to read:
SB431,8,1817 346.30 (5) (a) In this subsection, "harm" means bodily harm, as defined in s.
18939.22 (4), great bodily harm, as defined in s. 939.22 (14), or death.
SB431,8,2119 (b) If any violation under ss. 346.23 to 346.29 results in harm to a vulnerable
20highway user, the amount of any forfeiture specified in subs. (1) to (4) for the violation
21shall be doubled.
SB431, s. 14 22Section 14. 346.36 (3) of the statutes is created to read:
SB431,8,2423 346.36 (3) (a) In this subsection, "harm" means bodily harm, as defined in s.
24939.22 (4), great bodily harm, as defined in s. 939.22 (14), or death.
SB431,9,3
1(b) If any violation under ss. 346.31 to 346.35 results in harm to a vulnerable
2highway user, the amount of any forfeiture specified in subs. (1) and (2) for the
3violation shall be doubled.
SB431, s. 15 4Section 15. 346.43 (4) of the statutes is created to read:
SB431,9,65 346.43 (4) (a) In this subsection, "harm" means bodily harm, as defined in s.
6939.22 (4), great bodily harm, as defined in s. 939.22 (14), or death.
SB431,9,117 (b) If any violation under ss. 346.37 to 346.42 results in harm to a vulnerable
8highway user, the amount of any forfeiture specified in subs. (1) to (3) for the violation
9shall be doubled. If sub. (1) (b) 3. applies with respect to the violation, the doubling
10of the forfeiture under this subsection shall apply in addition to any doubling under
11sub. (1) (b) 3.
SB431, s. 16 12Section 16. 346.49 (5) of the statutes is created to read:
SB431,9,1413 346.49 (5) (a) In this subsection, "harm" means bodily harm, as defined in s.
14939.22 (4), great bodily harm, as defined in s. 939.22 (14), or death.
SB431,9,1915 (b) If any violation under s. 346.44, 346.45, 346.455, 346.46, or 346.47 to 346.48
16results in harm to a vulnerable highway user, the amount of any forfeiture specified
17in subs. (1), (1g), (2), (2m), and (4) for the violation shall be doubled. If sub. (1) (c)
18applies with respect to the violation, the doubling of the forfeiture under this
19subsection shall apply in addition to any doubling under sub. (1) (c).
SB431, s. 17 20Section 17. 346.56 (5) of the statutes is created to read:
SB431,9,2221 346.56 (5) (a) In this subsection, "harm" means bodily harm, as defined in s.
22939.22 (4), great bodily harm, as defined in s. 939.22 (14), or death.
SB431,9,2523 (b) If any violation under ss. 346.503 to 346.55 results in harm to a vulnerable
24highway user, the amount of any forfeiture specified in subs. (1) to (4) for the violation
25shall be doubled.
SB431, s. 18
1Section 18. 346.60 (6) of the statutes is created to read:
SB431,10,32 346.60 (6) (a) In this subsection, "harm" means bodily harm, as defined in s.
3939.22 (4), great bodily harm, as defined in s. 939.22 (14), or death.
SB431,10,84 (b) If any violation under ss. 346.57 to 346.595 results in harm to a vulnerable
5highway user, the amount of any forfeiture specified in subs. (1) to (5) for the violation
6shall be doubled. If sub. (3m) applies with respect to the violation, the doubling of
7the forfeiture under this subsection shall apply in addition to any doubling or other
8penalty enhancement under sub. (3m).
SB431, s. 19 9Section 19. 346.65 (3) of the statutes is renumbered 346.65 (3) (a) and
10amended to read:
SB431,10,1311 346.65 (3) (a) Except as provided in par. (b) and sub. (5m), any person violating
12s. 346.62 (3) shall be fined not less than $300 nor more than $2,000 and may be
13imprisoned for not less than 30 days nor more than one year in the county jail.
SB431, s. 20 14Section 20. 346.65 (3) (b) of the statutes is created to read:
SB431,10,1615 346.65 (3) (b) If the violation of s. 346.62 (3) causes bodily harm to a vulnerable
16highway user, the person who commits the violation is guilty of a Class H felony.
SB431, s. 21 17Section 21. 346.65 (5) of the statutes is renumbered 346.65 (5) (a) and
18amended to read:
SB431,10,2019 346.65 (5) (a) Except as provided in par. (b) and sub. (5m), any person violating
20s. 346.62 (4) is guilty of a Class I felony.
SB431, s. 22 21Section 22. 346.65 (5) (b) of the statutes is created to read:
SB431,10,2422 346.65 (5) (b) If the violation of s. 346.62 (4) causes great bodily harm to a
23vulnerable highway user, the person who commits the violation is guilty of a Class
24H felony.
SB431, s. 23 25Section 23. 346.74 (7) of the statutes is created to read:
SB431,11,2
1346.74 (7) (a) In this subsection, "harm" means bodily harm, as defined in s.
2939.22 (4), great bodily harm, as defined in s. 939.22 (14), or death.
SB431,11,53 (b) If any violation under s. 346.67 or ss. 346.68 to 346.70 results in harm to
4a vulnerable highway user, the amount of any forfeiture or fine specified in subs. (2)
5to (5) or s. 939.50 for the violation shall be doubled.
SB431, s. 24 6Section 24. 346.82 (3) of the statutes is created to read:
SB431,11,87 346.82 (3) (a) In this subsection, "harm" means bodily harm, as defined in s.
8939.22 (4), great bodily harm, as defined in s. 939.22 (14), or death.
SB431,11,119 (b) If any violation under ss. 346.77 to 346.805 results in harm to a vulnerable
10highway user, the amount of any forfeiture specified in subs. (1) and (2) for the
11violation shall be doubled.
SB431, s. 25 12Section 25. 346.95 (1) and (2) of the statutes are amended to read:
SB431,11,1713 346.95 (1) Any Except as provided in sub. (12) (c), any person violating s.
14346.87, 346.88, 346.89 (2), 346.90 to 346.92 or 346.94 (1), (9), (10), (11), (12) or (15)
15may be required to forfeit not less than $20 nor more than $40 for the first offense
16and not less than $50 nor more than $100 for the 2nd or subsequent conviction within
17a year.
SB431,11,20 18(2) Any Except as provided in sub. (12) (c), any person violating s. 346.89 (1)
19or (3) (a) or 346.94 (2), (4), or (7) may be required to forfeit not less than $20 nor more
20than $400.
SB431, s. 26 21Section 26. 346.95 (12) of the statutes is created to read:
SB431,11,2322 346.95 (12) (a) In this subsection, "harm" means bodily harm, as defined in s.
23939.22 (4), great bodily harm, as defined in s. 939.22 (14), or death.
SB431,12,3
1(b) If any violation under ss. 346.87, 346.88, or 346.90 to 346.94 results in harm
2to a vulnerable highway user, the amount of any forfeiture specified in subs. (1) to
3(5e) and (6) to (11) for the violation shall be doubled.
SB431,12,54 (c) If any violation under s. 346.89 results in harm to a vulnerable highway
5user, the person who commits the violation is guilty of a Class I felony.
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