AB668: Bill Text

LRB-3716/1

PEN:cmh:km

1999 - 2000 LEGISLATURE

1999 Assembly BILL 668

January 19, 2000 - Introduced by Representatives Brandemuehl, Stone, La Fave, Goetsch, Hundertmark, Spillner, Ladwig, Kelso, Albers, Ainsworth and Owens, cosponsored by Senators Breske, Roessler, Darling, Huelsman, Baumgart and Rosenzweig. Referred to Committee on Transportation.

AB668,1,5 An Act to amend 343.30 (1g) (b), 343.31 (1) (hm), 343.38 (1) (c) 2. d., 343.44 (2) (am) and 343.44 (2r) of the statutes; relating to: counting prior offenses of operating a motor vehicle with an operating privilege that is suspended or revoked, or of operating a commercial motor vehicle while disqualified or ordered out of service.

Analysis by the Legislative Reference Bureau

Numerous changes to the law were made by 1997 Wisconsin Act 84 regarding operating a motor vehicle with an operating privilege that is suspended or revoked and regarding operating a commercial motor vehicle while ordered out of service or while disqualified. The changes take effect May 1, 2001, or when implemented by the department of transportation, whichever is sooner. It is unclear under that act whether convictions of certain offenses committed before the implementation of 1997 Wisconsin Act 84 must be counted as prior convictions after the implementation of 1997 Wisconsin Act 84. The number of prior convictions is used, before and after implementation of 1997 Wisconsin Act 84, to determine the appropriate penalty or administrative sanction to impose on a person convicted of a second, or subsequent, similar offense.

This bill clarifies that convictions for certain offenses (operating a motor vehicle with an operating privilege that is suspended or revoked, or operating a commercial motor vehicle while ordered out of service or while disqualified) that are committed before the implementation of 1997 Wisconsin Act 84 must be counted as prior convictions after the implementation of 1997 Wisconsin Act 84.

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

AB668, s. 1 Section 1. 343.30 (1g) (b) of the statutes, as affected by 1997 Wisconsin Act 84, is amended to read:

AB668,2,10 343.30 (1g) (b) A court shall revoke a person's operating privilege upon the person's conviction for violating s. 343.44 (1) (a), (b) or (d) or a local ordinance in conformity therewith if the person has been convicted of 3 or more prior violations of s. 343.44 (1) (a), (b) or (d), or s. 343.44 (1), 1997 stats., or a local ordinance in conformity therewith, within the 5-year period preceding the violation. The revocation shall be for a period of 6 months, unless the court orders a period of revocation of less than 6 months and places its reasons for ordering the lesser period of revocation on the record.

AB668, s. 2 Section 2. 343.31 (1) (hm) of the statutes, as created by 1997 Wisconsin Act 84, is amended to read:

AB668,2,18 343.31 (1) (hm) A violation of s. 343.44 (1) (a), (b) or (d), or a local ordinance in conformity therewith, if the person has been convicted of 3 or more prior violations of s. 343.44 (1) (a), (b) or (d), or s. 343.44 (1), 1997 stats., or a local ordinance in conformity therewith within the 5-year period preceding the violation. Revocation under this paragraph shall be for a period of 6 months unless a lesser period of revocation is ordered under s. 343.30 (1g) (b).

AB668, s. 3 Section 3. 343.38 (1) (c) 2. d. of the statutes, as created by 1997 Wisconsin Act 84, is amended to read:

AB668,3,5 343.38 (1) (c) 2. d. Reinstatement of an operating privilege revoked under s. 343.31 (1) (b) or (2) if, within the 5-year period preceding the violation, the person has not been convicted of a prior offense that may be counted under s. 343.307 (2) and if, within the 10-year period preceding the violation, the person has not been convicted of 2 or more prior offenses that may be counted under s. 343.307 (2).

AB668, s. 4 Section 4. 343.44 (2) (am) of the statutes, as affected by 1997 Wisconsin Act 84 and 1999 Wisconsin Act 9, is amended to read:

AB668,3,12 343.44 (2) (am) Any person who violates sub. (1) (b) before May 1, 2002, may be required to forfeit not more than $600, except that, if the person has been convicted of a previous violation described in of sub. (1) (b), or of operating a motor vehicle in violation of s. 343.44 (1), 1997 stats., with an operating privilege that is revoked, within the preceding 5-year period, the penalty under par. (b) shall apply.

AB668, s. 5 Section 5. 343.44 (2r) of the statutes, as affected by 1997 Wisconsin Act 84, is amended to read:

AB668,3,19 343.44 (2r) Prior convictions. For purposes of determining prior convictions under this section, the 5-year period shall be measured from the dates of the violations that resulted in the convictions and each conviction under sub. (2) shall be counted. Convictions of s. 343.44 (1), 1997 stats., shall be counted under this section as prior convictions.

AB668, s. 6 Section 6. Effective date.

AB668,3,23 (1) This act takes effect on May 1, 2001, or on the date stated in the notice published by the secretary of transportation in the Wisconsin Administrative Register under section 85.515 of the statutes, whichever is earlier.

AB668,3,24 (End)