AB795,29,54 343.44 (2) Penalties. (a) Any person who violates sub. (1) (a) shall be required
5to forfeit not less than $50 nor more than $200.
AB795,29,106 (am) Any person who violates sub. (1) (b) before the first day of the 13th month
7beginning after publication .... [revisor inserts date], may be required to forfeit not
8more than $600, except that, if the person has been convicted of a previous violation
9described in sub. (1) (b) within the preceding 5-year period, the penalty under par.
10(b) shall apply.
AB795,29,1511 (b) Except as provided in par. (am), any person who violates sub. (1) (b), (c) or
12(d) shall be fined not more than $2,500 or imprisoned for not more than one year or
13both. In imposing a sentence under this paragraph, or a local ordinance in
14conformity with this paragraph, the court shall review the record and consider the
15following:
AB795,29,1716 1. The aggravating and mitigating circumstances in the matter, using the
17guidelines described in par. (d).
AB795,29,1818 2. The class of vehicle operated by the person.
AB795,29,2019 3. The number of prior convictions of the person for violations of this section
20within the 5 years preceding the person's arrest.
AB795,29,2321 4. The reason that the person's operating privilege was revoked, or the person
22was disqualified or ordered out of service, including whether the person's operating
23privilege was revoked for an offense that may be counted under s. 343.307 (2).
AB795,29,2524 5. Any convictions for moving violations arising out of the incident or
25occurrence giving rise to sentencing under this section.
AB795,30,5
1(d) The chief judge of each judicial administrative district shall adopt
2guidelines, under the chief judge's authority to adopt local rules under SCR 70.34,
3for the consideration of aggravating and mitigating factors. Such guidelines shall
4treat operators of commercial motor vehicles at least as stringently as operators of
5other classes of motor vehicles.
AB795, s. 71 6Section 71. 343.44 (2g) of the statutes is repealed.
AB795, s. 72 7Section 72. 343.44 (2m) of the statutes is repealed.
AB795, s. 73 8Section 73. 343.44 (2p) (intro.) of the statutes is amended to read:
AB795,30,139 343.44 (2p) (title) Sentencing option. (intro.) The legislature intends that
10courts use the sentencing option under s. 973.03 (4) whenever appropriate for
11persons subject to sub. (2) or (2m) to provide cost savings for the state and for local
12governments. This option shall not be used if the suspension or revocation was for
13one of the following:
AB795, s. 74 14Section 74. 343.44 (2r) of the statutes is amended to read:
AB795,30,1915 343.44 (2r) (title) Prior convictions. For purposes of determining prior
16convictions under this section, the 5-year period shall be measured from the dates
17of the violations that resulted in the convictions and each conviction under sub. (2)
18or (2m) shall be counted. The vehicle operated at the time of the offense shall
19determine whether the penalties of sub. (2) or (2m) apply.
AB795, s. 75 20Section 75. 343.44 (2s) of the statutes is amended to read:
AB795,31,621 343.44 (2s) Within 30 days after receipt by the department of a report from a
22law enforcement officer under s. 343.305 (7) or a court order under s. 343.28 of a
23violation committed by a person operating a commercial motor vehicle while subject
24to an out-of-service order under s. 343.305 (7) (b) or (9) (am), a traffic officer
25employed under s. 110.07 may prepare a uniform traffic citation under s. 345.11 for

1a violation of sub. (1) (c) or (d) and serve it on the person. The citation may be served
2anywhere in this state and shall be served by delivering a copy to the person
3personally or by leaving a copy at the person's usual place of abode with a person of
4discretion residing therein or by mailing a copy to the person's last-known residence
5address. The venue for prosecution may be the county where the alleged offense
6occurred or in the person's county of residence.
AB795, s. 76 7Section 76. 343.44 (3) (title) of the statutes is created to read:
AB795,31,88 343.44 (3) (title) Failure to receive notice.
AB795, s. 77 9Section 77. 343.44 (4) (title) of the statutes is created to read:
AB795,31,1010 343.44 (4) (title) Impoundment.
AB795, s. 78 11Section 78. 343.44 (4m) of the statutes is renumbered 343.44 (2) (c) and
12amended to read:
AB795,31,2213 343.44 (2) (c) In addition to other penalties for violation of this section, if a
14person has violated violates this section after while his or her operating privilege was
15is revoked as provided in ch. 351, the penalties shall may be enhanced by
16imprisonment and additional fines as provided in s. 351.08. For the purpose of
17enforcing this subsection paragraph, in any case in which the accused is charged with
18operating a motor vehicle while his or her operator's license, permit or privilege to
19operate is suspended or revoked or is charged with operating without a valid
20operator's license, the court, before hearing the charge, shall determine whether the
21person is a habitual traffic offender or repeat habitual traffic offender and therefore
22barred from operating a motor vehicle on the highways of this state.
AB795, s. 79 23Section 79. 343.44 (4r) (title) of the statutes is created to read:
AB795,31,2424 343.44 (4r) (title) Violation of out-of-service order.
AB795, s. 80 25Section 80. 343.44 (5) (title) of the statutes is created to read:
AB795,32,1
1343.44 (5) (title) Vehicle impoundment; lessors and secured creditors.
AB795, s. 81 2Section 81. 344.02 (title) of the statutes is amended to read:
AB795,32,3 3344.02 (title) Hearing on revocation suspension or impoundment.
AB795, s. 82 4Section 82. 344.02 (1) of the statutes, as affected by 1997 Wisconsin Act 27,
5is amended to read:
AB795,32,186 344.02 (1) Whenever the department under s. 344.13 gives notice of the amount
7of security required to be deposited and that an order of revocation suspension or
8impoundment will be made if such security is not deposited, it shall afford the person
9so notified an opportunity for a hearing on the proposed action, if written request for
10a hearing is received by the department prior to the date specified in the notice, or
11prior to the postponed effective date of revocation suspension if postponement has
12been granted under s. 344.14 (1). Upon receipt of timely request for hearing, the
13department shall fix the time and place of the hearing and give notice thereof to such
14person by regular mail. The scope of the hearing is limited to the matter set forth
15in s. 344.14 (2) (k) and, subject to s. 344.14 (2m), to whether or not the person is the
16owner of the motor vehicle to be impounded. Any person who fails without
17reasonable cause to appear at the time and place specified in the notice shall forfeit
18the right to a hearing.
AB795, s. 83 19Section 83. 344.02 (3) of the statutes is amended to read:
AB795,32,2420 344.02 (3) Upon completion of the hearing, the department shall make findings
21of fact, conclusions of law, and a decision, and shall either proceed to order revocation
22suspension of the person's operating privilege, or registrations, or both, and may also
23order the impoundment of the person's motor vehicle, in accordance with s. 344.14,
24or upon good cause appearing therefor, shall terminate the proceedings.
AB795, s. 84 25Section 84. 344.02 (4) of the statutes is amended to read:
AB795,33,5
1344.02 (4) The time during which enforcement of an order of revocation
2suspension or impoundment is stayed pending completion of court review thereof
3shall not be included as part of the one-year period fixed by s. 344.18 (1) (d) for
4revocation suspension or the period fixed under s. 344.185 (2) (a) or (b) for
5impoundment.
AB795, s. 85 6Section 85. 344.04 (title) of the statutes is amended to read:
AB795,33,8 7344.04 (title) Power of court to stay revocation suspension of
8registration or impoundment of vehicles.
AB795, s. 86 9Section 86. 344.04 (1) of the statutes is amended to read:
AB795,33,1410 344.04 (1) Notwithstanding any other provision of this chapter, the secretary
11shall not revoke suspend the registration of a vehicle when ordered not to do so by
12the court wherein the judgment for damages was had or, in a case not involving a
13judgment, when ordered not to do so by a court pursuant to under petition of the
14registrant in accordance with sub. (2).
AB795, s. 87 15Section 87. 344.04 (2) of the statutes is amended to read:
AB795,34,516 344.04 (2) Upon receiving information, other than of a judgment for damages
17in a court of this state, that would be cause for revocation suspension of registration
18or impoundment of the vehicle, the secretary shall notify the registrant of the
19intention to revoke suspend such registration or impound the vehicle. The registrant
20may thereupon petition any court of record in the registrant's county for an order
21enjoining the secretary's contemplated action, whereupon the judge of such court
22shall grant an order restraining the secretary in the matter until the petition is
23finally determined by the court. If such petition and order are served upon the
24secretary within 10 days after the date of the secretary's notice or in any event before
25the secretary has revoked suspended the registration or impounded the vehicle, the

1secretary shall await the final determination of the court. The secretary shall be
2given notice of the hearing. Upon a showing that it would result in undue hardship
3upon the petitioner to have any such registration revoked suspended or the vehicle
4impounded, the court shall issue an order restraining the secretary from revoking
5suspending the registration or impounding the vehicle.
AB795, s. 88 6Section 88. 344.04 (3) of the statutes is amended to read:
AB795,34,87 344.04 (3) This section does not authorize a court to stay suspension or
8revocation of an operator's license.
AB795, s. 89 9Section 89. 344.05 (1) of the statutes is amended to read:
AB795,34,1610 344.05 (1) If a judgment in excess of $500 or more for damages arising out of
11a motor vehicle accident is not satisfied within 30 days after its having become final
12by expiration without appeal of the time within which an appeal might have been
13taken or by final affirmation on appeal, the clerk of the court in which the judgment
14was rendered, or the judge if the court has no clerk, shall forthwith immediately
15forward to the secretary a certified copy of the judgment upon request of the
16judgment creditor or the attorney of record for the judgment creditor.
AB795, s. 90 17Section 90. 344.08 (title) of the statutes is amended to read:
AB795,34,18 18344.08 (title) Revocation Suspension for failure to report accident.
AB795, s. 91 19Section 91. 344.08 (1) of the statutes is amended to read:
AB795,34,2520 344.08 (1) The secretary may revoke suspend the operating privilege or
21registration of any person who fails to report an accident as required by s. 346.70 or
22to give correctly the information requested by the secretary in connection with such
23report unless, in the judgment of the secretary, there was excusable cause for such
24failure or unless the accident did not result in injury or damage to the person or
25property of anyone other than the person so required to report.
AB795, s. 92
1Section 92. 344.08 (2) of the statutes is amended to read:
AB795,35,72 344.08 (2) Any operating privilege suspended or revoked under this section, or
3suspended or revoked under any other section for failure to report an accident, shall
4be reinstated in accordance with s. 344.09 at the end of one year following the
5effective date of the suspension or revocation order if, during such one-year period,
6no notice of action has been filed with the department in the manner specified in s.
7344.18 (1) (d).
AB795, s. 93 8Section 93. 344.08 (3) of the statutes is repealed.
AB795, s. 94 9Section 94. 344.09 (title) of the statutes is amended to read:
AB795,35,11 10344.09 (title) Reinstatement of revoked operating privilege and
11registration.
AB795, s. 95 12Section 95. 344.09 (1) of the statutes is amended to read:
AB795,35,2013 344.09 (1) Whenever the secretary is satisfied that the reason for revocation
14of
suspending or revoking an operating privilege under this chapter has been
15removed, including satisfaction of any of the requirements of s. 344.18, the secretary
16shall order reinstatement of the operating privilege. The department shall give
17notice of the reinstatement to the person whose operating privilege has been was
18suspended or
revoked in the manner it deems appropriate. The order reinstating a
19suspended operating privilege has the same effect as an automatic reinstatement
20under s. 343.39.
AB795, s. 96 21Section 96. 344.09 (2) of the statutes is amended to read:
AB795,35,2522 344.09 (2) Whenever an operating privilege suspended or revoked pursuant to
23under this chapter is reinstated, any registration which that was suspended or
24revoked along with the operating privilege is reinstated and the department shall
25return any surrendered and unexpired registration plate in its possession.
AB795, s. 97
1Section 97. 344.12 of the statutes is amended to read:
AB795,36,8 2344.12 Applicability of provisions relating to deposit of security for
3past accidents.
Subject to the exceptions contained in s. 344.14, the provisions of
4this chapter requiring deposit of security and requiring revocation suspension for
5failure to deposit security apply to the operator and owner of every motor vehicle
6which is in any manner involved in an accident in this state which has resulted in
7bodily injury to or death of any person or damage to property of any other person in
8excess
of $1,000 or more.
AB795, s. 98 9Section 98. 344.13 (1) of the statutes is amended to read:
AB795,36,2110 344.13 (1) The secretary after receipt of a report of an accident of the type
11specified in s. 344.12 shall determine, with respect to such accident, the amount of
12security which is sufficient in the secretary's judgment to satisfy any judgment for
13damages resulting from such accident which may be recovered against either
14operator or owner of the vehicles involved in such accident. Such determination shall
15be based upon the total property damage suffered by other persons whose property
16was involved in the accident, not including the vehicle a person was operating when
17such operation was with the owner's permission, and on the extent of personal
18injuries, including deaths, involving other parties to the accident. The
19determination as to the amount of security required shall not be made with respect
20to operators or owners who are exempt from the requirements of security and
21revocation suspension under s. 344.14 (2).
AB795, s. 99 22Section 99. 344.13 (2) of the statutes is amended to read:
AB795,37,823 344.13 (2) The secretary shall determine the amount of security required to be
24deposited by each person on the basis of the accident reports or other information
25submitted. In addition to the accident reports required by law, the secretary may

1request from any of the persons, including passengers and pedestrians, involved in
2such accident such further information, sworn statements or other evidence relating
3to property damage, personal injury or death in motor vehicle accidents as deemed
4necessary to aid in determining the amount to be deposited as security under s.
5344.14. Failure of a person to comply with such request is grounds for revoking
6suspending such person's operating privilege but no revocation suspension shall be
7made on such grounds until one follow-up request has been made and at least 20
8days have elapsed since the mailing of the first request.
AB795, s. 100 9Section 100. 344.13 (3) of the statutes is amended to read:
AB795,37,1910 344.13 (3) The secretary within 90 days after receipt of a report of an accident
11of the type specified in s. 344.12 and upon determining the amount of security to be
12required of any person involved in such accident or to be required of the owner of any
13vehicle involved in such accident, shall give at least 10 days' written notice to every
14such person of the amount of security required to be deposited by the person. The
15notice also shall state that an order of revocation suspension will be made as provided
16in s. 344.14, unless within such time security is deposited as required by the notice.
17The order of revocation suspension may be made a part of the notice, with a provision
18that it will take effect on the date specified in this subsection unless security is
19deposited prior to that date.
AB795, s. 101 20Section 101. 344.14 (title) of the statutes is amended to read:
AB795,37,22 21344.14 (title) Revocation Suspension for failure to deposit security;
22impoundment of vehicle; exceptions.
AB795, s. 102 23Section 102. 344.14 (1) of the statutes is amended to read:
AB795,38,924 344.14 (1) If a person who was given notice pursuant to under s. 344.13 (3) fails
25to deposit security in the amount and by the time specified in the notice, the secretary

1shall forthwith revoke immediately suspend the person's operating privilege if the
2person was the operator of a motor vehicle involved in the accident and all the
3person's registrations if the person was the owner of a motor vehicle involved in the
4accident unless the person furnishes proof satisfactory to the secretary that the
5person comes within one of the exceptions set forth in sub. (2). If the owner and
6operator are separate persons, only one of them need deposit security or the 2 persons
7may cooperate in depositing security. Upon request of the owner or operator in
8question, the secretary may postpone the effective date of a revocation suspension
9under this section not to exceed 20 days.
AB795, s. 103 10Section 103. 344.14 (1g) of the statutes is amended to read:
AB795,38,1211 344.14 (1g) The secretary shall refuse registration of any vehicle owned by a
12person whose registration has been suspended or revoked under sub. (1).
AB795, s. 104 13Section 104. 344.14 (1m) (intro.) of the statutes is amended to read:
AB795,38,1514 344.14 (1m) (intro.) In addition to the revocations suspensions under sub. (1),
15the secretary may order the impoundment of any motor vehicle which is:
AB795, s. 105 16Section 105. 344.14 (2) (e) of the statutes is amended to read:
AB795,38,2017 344.14 (2) (e) To the operator or owner of a vehicle involved in an accident
18wherein no injury was caused to the person of anyone other than such operator or
19owner and wherein damage to property of any one person other than such operator
20or owner did not equal or exceed $1,000.
AB795, s. 106 21Section 106. 344.14 (2) (h) of the statutes is amended to read:
AB795,39,922 344.14 (2) (h) To any person who would otherwise have to deposit security if,
23prior to the date the secretary would otherwise revoke suspend the person's
24operating privilege and registrations under sub. (1) or order the impoundment of the
25motor vehicle under sub. (1m), there is filed with the secretary evidence satisfactory

1to the secretary that the person has been released from liability or has been finally
2adjudicated not to be liable or has executed a duly acknowledged written agreement
3providing for the payment of an agreed amount in instalments with respect to all
4claims for injuries or damage resulting from the accident. The secretary may accept
5a release from liability executed by a parent as natural guardian on behalf of a minor
6child with respect to property damage or personal injuries sustained by the minor,
7provided that the total damages, including the cost of medical care, do not exceed
8$5,000 and that, in case of personal injury, the doctor's certificate of injury filed with
9the department certifies that the minor received no permanent injury.
AB795, s. 107 10Section 107. 344.18 (title) of the statutes is amended to read:
AB795,39,12 11344.18 (title) Duration of revocation suspension for failure to deposit
12security.
AB795, s. 108 13Section 108. 344.18 (1) (intro.) of the statutes is amended to read:
AB795,39,2214 344.18 (1) (intro.) Any registration suspended or revoked as provided in under
15s. 344.14 shall remain suspended or revoked and shall not be renewed or reinstated
16until the person pays the fee required under s. 341.36 (1m) has been paid, one, meets
17one
of the requirements under pars. (a) to (d) has been met and satisfies the
18requirements of sub. (1m) are satisfied. Any operating privilege suspended or
19revoked as provided in under s. 344.14 shall remain suspended or revoked and shall
20not be renewed or reinstated until the person pays the fee required under s. 343.21
21(1) (j) has been paid, the, complies with the applicable provisions of s. 343.38 have
22been complied with
and one meets any of the following requirements has been met:
AB795, s. 109 23Section 109. 344.18 (1) (a) of the statutes is amended to read:
AB795,39,2524 344.18 (1) (a) The person whose operating privilege or registration was
25suspended or revoked deposits the security required under s. 344.14.
AB795, s. 110
1Section 110. 344.18 (1) (b) of the statutes is amended to read:
AB795,40,62 344.18 (1) (b) There is filed with the secretary evidence satisfactory to the
3secretary that the person whose operating privilege or registration was suspended
4or
revoked has been released from liability or has been finally adjudicated not to be
5liable. The secretary may accept a release executed by a parent on behalf of a minor
6child only if the release satisfies the requirements specified in s. 344.14 (2) (h).
AB795, s. 111 7Section 111. 344.18 (1) (c) of the statutes is amended to read:
AB795,40,118 344.18 (1) (c) There is filed with the secretary evidence satisfactory to the
9secretary that the person whose operating privilege or registration was suspended
10or
revoked has executed a duly acknowledged written agreement in accordance with
11s. 344.14 (2) (h) and subject to sub. (3).
AB795, s. 112 12Section 112. 344.18 (1) (d) of the statutes is amended to read:
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