AB1034: Bill Text

LRB-2485/1

EVM/ARG/EHS/CMH:klm&emw

2017 - 2018 LEGISLATURE

2017 Assembly BILL 1034

March 21, 2018 - Introduced by Representatives Crowley, C. Taylor, Fields, Anderson, Vruwink, Zepnick, Zamarripa, Bowen, Sargent, Subeck and Spreitzer, cosponsored by Senators Johnson, Miller and Risser. Referred to Committee on Criminal Justice and Public Safety.

AB1034,2,2 An Act to repeal 118.163 (1) (c), 118.163 (2) (a), 118.163 (2m), 125.07 (4) (cm), 125.085 (3) (bp), 343.23 (3) (a), 343.24 (3), 343.28 (3), 343.30 (1z), 343.30 (6), 343.32 (1m), 343.345, 346.655 (4), 346.657 (3), 346.93 (2f), 346.93 (2g) (a) and (b), 767.73, 800.095 (1) (a), 938.342 (1g) (a), 938.342 (2) and 938.364; to renumber 343.23 (3) (b) and 938.344 (2e) (a) 1., 2. and 3.; to renumber and amend 346.93 (2g) (intro.); and to amend 85.103 (6), 118.163 (3), 125.07 (4) (bs) 1. to 4., 125.07 (4) (c) 1. to 4., 125.07 (4) (e) 2. (intro.), 125.07 (4) (e) 4., 125.085 (3) (bd), 343.085 (4), 343.10 (1) (a), 343.10 (5) (b), 343.30 (2d), 343.30 (5), 343.31 (2s), 343.32 (3), 800.09 (3) (a), 800.09 (3) (b) (intro.), 800.095 (3), 938.17 (2) (g), 938.34 (8), 938.34 (8d) (d), 938.34 (14r) (a), 938.343 (2), 938.344 (2) (a), 938.344 (2) (b), 938.344 (2) (c), 938.344 (2b) (a), 938.344 (2b) (b), 938.344 (2b) (c), 938.344 (2d) (a), 938.344 (2d) (b), 938.344 (2d) (c), 938.344 (2e) (a) (intro.), 938.355 (6) (d) 2., 938.355 (6m) (a) 1m., 938.355 (6m) (ag), 943.21 (3m) (a) 2., (b), (c) and (d) and 961.50 (1) (intro.) of the statutes; relating to: suspensions of operator's licenses for certain nontraffic offenses.

Analysis by the Legislative Reference Bureau

This bill limits the reasons for which a person's motor vehicle operating privilege may be suspended.

Under current law, a circuit court may suspend a person's operating privilege upon conviction of certain offenses, including traffic violations, operating a motor vehicle without a license, operating a motor vehicle while intoxicated, and certain sexual assault offenses. A circuit court may also suspend a person's operating privilege if the person fails to pay certain court surcharges. Also under current law, the Department of Transportation must suspend a person's operating privilege if the person is delinquent in making certain child or family support payments.

This bill eliminates a circuit court's authority to suspend a person's operating privilege upon conviction of an offense that is not related to the operation of a motor vehicle and for failure to pay a court surcharge. This bill also eliminates DOT's authority to suspend a person's operating privilege for failure to make certain child or family support payments.

Under current law, if a person intentionally absconds without paying for gas, the court may suspend the person's operating privilege for a second offense and must suspend the person's operating privilege for a third or subsequent offense. In addition, current law allows a court to suspend a person's operating privilege if the person is convicted of a violation of the Uniform Controlled Substances Act. Under this bill, the suspension of the person's operating privilege applies only if the pertinent offenses involved or occurred in a vehicle.

Under current law, with exceptions, a person under the age of 21 may not procure or attempt to procure alcohol beverages; possess or consume alcohol beverages; be on alcohol beverage licensed premises; or use or maintain false identification that shows the person as being of legal drinking age (underage violation). A person who commits an underage violation is subject to various penalties, including suspension of the person's operating privilege. This bill eliminates the suspension of a person's operating privilege as a penalty for an underage violation.

Under current law, if a court assigned jurisdiction under the Juvenile Justice Code (juvenile court) adjudges a juvenile delinquent, the juvenile court must issue an order imposing one or more dispositions. This bill eliminates suspension of a juvenile's operating privilege as a penalty for the following actions:

1. Violating a condition of a dispositional order.

2. Violating the Uniform Controlled Substances Act, unless the violation involved a motor vehicle.

3. Possession, manufacture, or delivery of drug paraphernalia, unless the violation involved a motor vehicle.

Additionally, the bill limits a suspension of a juvenile's operating privileges for failure to pay a forfeiture to a period of one year.

Finally, the bill eliminates the ability of a county, city, village, or town to authorize, by ordinance, a court to suspend the operating privilege of a juvenile who is a dropout between the ages of 16 and 18 or who is a habitual truant.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB1034,1 Section 1. 85.103 (6) of the statutes is amended to read:

AB1034,3,5 85.103 (6) The department may disclose the personal identifier of any person who has made a designation under sub. (2) or (3) if the department discloses the personal identifier under s. 341.17 (9), 342.06, 343.027, 343.14, 343.234, 343.235, 343.24 (3) and (4), or 343.247.

AB1034,2 Section 2. 118.163 (1) (c) of the statutes is repealed.

AB1034,3 Section 3. 118.163 (2) (a) of the statutes is repealed.

AB1034,4 Section 4. 118.163 (2m) of the statutes is repealed.

AB1034,5 Section 5. 118.163 (3) of the statutes is amended to read:

AB1034,3,13 118.163 (3) An ordinance enacted by a county under sub. (1m), or (2) or (2m) is applicable and may be enforced in that part of any city or village located in the county and in any town located in the county regardless of whether the city, village or town has enacted an ordinance under sub. (1m), or (2) or (2m).

AB1034,6 Section 6. 125.07 (4) (bs) 1. to 4. of the statutes are amended to read:

AB1034,3,18 125.07 (4) (bs) 1. For a first violation, a forfeiture of not less than $250 nor more than $500, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 1., or participation in a supervised work program or other community service work under par. (cg) or any combination both of these penalties.

AB1034,4,7 2. For a violation committed within 12 months of one previous violation, either a forfeiture of not less than $300 nor more than $500, or participation in a supervised work program or other community service work under par. (cg) or any combination both of these penalties. In addition, the person's operating privilege may be suspended as provided under s. 343.30 (6) (b) 2., except that if the violation of par. (a) involved a motor vehicle the person's operating privilege shall be suspended as provided under s. 343.30 (6) (b) 2.

AB1034,4,14 3. For a violation committed within 12 months of 2 previous violations, either a forfeiture of not less than $500 nor more than $750, or participation in a supervised work program or other community service work under par. (cg) or any combination both of these penalties. In addition, the person's operating privilege may be suspended as provided under s. 343.30 (6) (b) 3., except that if the violation of par. (a) involved a motor vehicle the person's operating privilege shall be suspended as provided under s. 343.30 (6) (b) 3.

AB1034,4,21 4. For a violation committed within 12 months of 3 or more previous violations, either a forfeiture of not less than $750 nor more than $1,000, or participation in a supervised work program or other community service work under par. (cg) or any combination both of these penalties. In addition, the person's operating privilege may be suspended as provided under s. 343.30 (6) (b) 3., except that if the violation of par. (a) involved a motor vehicle the person's operating privilege shall be suspended as provided under s. 343.30 (6) (b) 3.

AB1034,7 Section 7. 125.07 (4) (c) 1. to 4. of the statutes are amended to read:

AB1034,5,2 125.07 (4) (c) 1. For a first violation, a forfeiture of not less than $100 nor more than $200, suspension of the person's operating privilege as provided under s. 343.30 (6) (b) 1., or participation in a supervised work program or other community service work under par. (cg) or any combination both of these penalties.

AB1034,5,9 2. For a violation committed within 12 months of one previous violation, either a forfeiture of not less than $200 nor more than $300, or participation in a supervised work program or other community service work under par. (cg) or any combination both of these penalties. In addition, the person's operating privilege may be suspended as provided under s. 343.30 (6) (b) 2., except that if the violation of par. (b) involved a motor vehicle the person's operating privilege shall be suspended as provided under s. 343.30 (6) (b) 2.

AB1034,5,16 3. For a violation committed within 12 months of 2 previous violations, either a forfeiture of not less than $300 nor more than $500, or participation in a supervised work program or other community service work under par. (cg) or any combination both of these penalties. In addition, the person's operating privilege may be suspended as provided under s. 343.30 (6) (b) 3., except that if the violation of par. (b) involved a motor vehicle the person's operating privilege shall be suspended as provided under s. 343.30 (6) (b) 3.

AB1034,5,23 4. For a violation committed within 12 months of 3 or more previous violations, either a forfeiture of not less than $500 nor more than $1,000, or participation in a supervised work program or other community service work under par. (cg) or any combination both of these penalties. In addition, the person's operating privilege may be suspended as provided under s. 343.30 (6) (b) 3., except that if the violation of par. (b) involved a motor vehicle the person's operating privilege shall be suspended as provided under s. 343.30 (6) (b) 3.

AB1034,8 Section 8. 125.07 (4) (cm) of the statutes is repealed.

AB1034,9 Section 9. 125.07 (4) (e) 2. (intro.) of the statutes is amended to read:

AB1034,6,6 125.07 (4) (e) 2. (intro.) After ordering a penalty under par. (bs) or (c), the court, with the agreement of the defendant, may enter an additional order staying the execution of the penalty order and suspending or modifying the penalty imposed, except that the court may not stay, suspend or modify the suspension of a person's operating privilege required under par. (bs) or (c). The order under this subdivision shall require the defendant to do any of the following:

AB1034,10 Section 10. 125.07 (4) (e) 4. of the statutes is amended to read:

AB1034,6,18 125.07 (4) (e) 4. If the defendant completes the alcohol abuse treatment program or court-approved alcohol abuse education program, the approved treatment facility or court-approved alcohol abuse education program shall, with the written informed consent of the defendant, notify the agency primarily responsible for providing services to the defendant that the defendant has complied with the order and the court shall notify the defendant of whether or not the penalty will be reinstated. If the court had ordered the suspension of the defendant's operating privilege under par. (bs) or (c), the court may order the secretary of transportation to reinstate the operating privilege of the defendant if he or she completes the alcohol abuse treatment program or court-approved alcohol abuse education program.

AB1034,11 Section 11. 125.085 (3) (bd) of the statutes is amended to read:

AB1034,6,24 125.085 (3) (bd) Any underage person who violates par. (b) is subject to a forfeiture of not less than $300 nor more than $1,250, suspension of the person's operating privilege under s. 343.30 (6) (bm), or participation in a supervised work program or other community service work under par. (bh) or any combination both of these penalties.

AB1034,12 Section 12. 125.085 (3) (bp) of the statutes is repealed.

AB1034,13 Section 13. 343.085 (4) of the statutes is amended to read:

AB1034,7,8 343.085 (4) The secretary may require that a person be continued on probationary status beyond the period of first issuance if such person appears by the records of the department to have repeatedly violated any of the state traffic laws or any local ordinance in conformity therewith or any law of a federally recognized American Indian tribe or band in this state in conformity with any of the state traffic laws. A person may not be continued on probationary status due to a suspension under s. 343.30 (6).

AB1034,14 Section 14. 343.10 (1) (a) of the statutes is amended to read:

AB1034,7,19 343.10 (1) (a) If a person's license or operating privilege is revoked or suspended under this chapter or s. 767.73, 938.34 (14q), 943.21 (3m), or 961.50 and if the person is engaged in an occupation, including homemaking or full-time or part-time study, or a trade making it essential that he or she operate a motor vehicle, the person, after payment of the fee provided in sub. (6), may file an application with the department setting forth in detail the need for operating a motor vehicle. No person may file more than one application with respect to each revocation or suspension of the person's license or operating privilege under this chapter or s. 767.73, 938.34 (14q), 943.21 (3m), or 961.50, except that this limitation does not apply to an application to amend an occupational license restriction.

AB1034,15 Section 15. 343.10 (5) (b) of the statutes is amended to read: