LRB-2006/1
ARG:kmg:jf
2003 - 2004 LEGISLATURE
September 11, 2003 - Introduced by Representatives Ainsworth, Bies, Hines and
Owens. Referred to Committee on Highway Safety.
AB505,1,6
1An Act to amend 345.60 (1) and (2), 346.17 (2), 346.22 (1) (a), 346.22 (2), 346.22
2(3), 346.30 (1) (b) 1., 346.30 (2), 346.30 (4), 346.36 (1), 346.43 (1) (b) 1., 346.49
3(2m) (a), 346.60 (2) (a), 346.60 (2) (b) and 346.60 (3); and
to create 38.04 (4) (e)
43., 115.28 (11) (c), 343.30 (2r), 343.61 (6) (c) and 345.60 (4) of the statutes;
5relating to: committing 3 or more specified traffic offenses within a single
6course of conduct, driver education instruction, and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law prescribes specific penalties for violations of the rules of the road,
which govern the operation of vehicles on public highways. Penalties vary depending
on the severity of the offense, the consequences of the violation, and the number of
previous violations. Penalties include fines and civil monetary penalties; terms of
imprisonment; suspension or revocation of a motor vehicle operating privilege;
required attendance at a course of instruction in traffic safety or defensive driving
or a similar course or at driver improvement counseling; or certain combinations of
these penalties.
This bill creates a penalty enhancer for persons convicted of violating three or
more specified traffic offenses within a single course of conduct. In addition to any
penalty imposed for the distinct offenses, a person who violates three or more of the
following offenses during a single course of conduct will be required to attend a traffic
safety school and will have his or her operating privilege suspended:
1. Disregarding a traffic control signal or flashing red or yellow lights.
2. Following another vehicle too closely.
3. Violating the rules of right-of-way, including failure to yield the
right-of-way to an emergency vehicle, funeral procession, military convoy, highway
maintenance or construction workers whose presence is indicated by flagmen or
warning signs, or a pedestrian or bicyclist crossing at an intersection or crosswalk.
4. Disregarding a signal to stop at a railroad crossing.
5. Violating a maximum speed limit.
6. Overtaking or passing a vehicle in an unsafe or prohibited manner.
7. Turning or changing lanes in a vehicle without giving the appropriate signal
for at least 100 feet.
The period of suspension of operating privilege is the shorter of six months or
until successful completion of traffic safety school or, if the person has had his or her
operating privilege suspended for a similar course of conduct within the preceding
24 months, the longer of one year or until successful completion of traffic safety
school.
Current law requires all driver education courses offered by school districts,
county children with disabilities education boards, technical college districts, and
driver schools to acquaint each student with the hazards posed by farm machinery
and animals on highways and by railroad grade crossings and to provide instruction
in safely dealing with such hazards. Driver education courses must also include at
least 30 minutes of instruction relating to organ and tissue donation and organ and
tissue donation procedures.
This bill requires driver education courses to also acquaint each student with
the hazards posed by aggressive, hostile, or violent driving (including "road rage")
and to provide instruction in safely dealing with such hazards.
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:
AB505, s. 1
1Section
1. 38.04 (4) (e) 3. of the statutes is created to read:
AB505,2,42
38.04
(4) (e) 3. Acquaints each student with the hazards posed by aggressive,
3hostile, or violent operation of a motor vehicle and provides instruction in safely
4dealing with such hazards.
AB505, s. 2
5Section
2. 115.28 (11) (c) of the statutes is created to read:
AB505,3,3
1115.28
(11) (c) Acquaint each student with the hazards posed by aggressive,
2hostile, or violent operation of a motor vehicle and provide instruction in safely
3dealing with such hazards.
AB505, s. 3
4Section
3. 343.30 (2r) of the statutes is created to read:
AB505,3,85
343.30
(2r) (a) In this subsection, "offense" means a violation of s. 346.07,
6346.08, 346.09, 346.14, 346.18, 346.19 (1), 346.20, 346.23, 346.24 (1), 346.27, 346.34
7(1) (b), 346.37, 346.39, 346.44, or 346.57, or of a local ordinance that strictly conforms
8to any of those sections.
AB505,3,139
(b) 1. If a court finds that a person committed 3 or more offenses during a single
10course of conduct, the court shall, in addition to any other penalty provided for the
11offenses, order the person to attend a traffic safety school as provided under s. 345.60
12(4) and, except as provided in subd. 2., shall suspend the person's operating privilege
13for the lesser of 6 months or until successful completion of the traffic safety school.
AB505,3,1814
2. If the person committed the course of conduct that requires suspension under
15this subsection within 24 months after committing a course of conduct that required
16suspension under this subsection, the court shall suspend the person's operating
17privilege for the greater of one year or until successful completion of the traffic safety
18school.
AB505,3,2119
(c) Notwithstanding s. 343.10 (2) (a) 4., a person whose operating privilege is
20suspended under this subsection may apply for an occupational license within 15
21days after the date of suspension.
AB505, s. 4
22Section
4. 343.61 (6) (c) of the statutes is created to read:
AB505,3,2523
343.61
(6) (c) Acquaints each student with the hazards posed by aggressive,
24hostile, or violent operation of a motor vehicle and provides instruction in safely
25dealing with such hazards.
AB505, s. 5
1Section
5. 345.60 (1) and (2) of the statutes are amended to read:
AB505,4,82
345.60
(1) Except as provided in
sub. (3) subs. (3) and (4), in addition to or in
3lieu of other penalties provided by law for violation of chs. 346 to 348, the trial court
4may in its judgment of conviction order the convicted person to attend, for a certain
5number of school days, a traffic safety school whose course and mode of instruction
6is approved by the secretary and which is conducted by the police department of the
7municipality,
by the sheriff's office of the county
, or by any regularly established
8safety organization.
AB505,4,10
9(2) This section Subsection (1) also applies in the case of an adjudication of
10violation of a local traffic regulation which is in conformity with chs. 346 to 348.
AB505, s. 6
11Section
6. 345.60 (4) of the statutes is created to read:
AB505,4,1412
345.60
(4) In addition to other penalties provided under s. 343.30 (2r) (b), a
13court shall order the offender to attend, for a certain number of school days, a school
14under sub. (1).
AB505, s. 7
15Section
7. 346.17 (2) of the statutes is amended to read:
AB505,4,1816
346.17
(2) Any Subject to s. 343.30 (2r), any person violating ss. 346.05, 346.07
17(2) or (3), 346.072, 346.08, 346.09, 346.10 (2) to (4), 346.11, 346.13 (2)
, or 346.14 to
18346.16 may be required to forfeit not less than $30 nor more than $300.
AB505, s. 8
19Section
8. 346.22 (1) (a) of the statutes is amended to read:
AB505,4,2320
346.22
(1) (a) Except as provided in par. (b),
and subject to s. 343.30 (2r), any
21person violating s. 346.18 or 346.20 (1) may be required to forfeit not less than $20
22nor more than $50 for the first offense and not less than $50 nor more than $100 for
23the 2nd or subsequent conviction within a year.
AB505, s. 9
24Section
9. 346.22 (2) of the statutes is amended to read:
AB505,5,2
1346.22
(2) Any Subject to s. 343.30 (2r), any person violating s. 346.19 or 346.20
2(4) (a) may be required to forfeit not less than $30 nor more $300.
AB505, s. 10
3Section
10. 346.22 (3) of the statutes is amended to read:
AB505,5,74
346.22
(3) Any Subject to s. 343.30 (2r), any person violating s. 346.20 (2), (3)
, 5or (4) (b) or (c) or 346.21 may be required to forfeit not less than $10 nor more than
6$20 for the first offense and not less than $25 nor more than $50 for the 2nd or
7subsequent conviction within a year.
AB505, s. 11
8Section
11. 346.30 (1) (b) 1. of the statutes is amended to read:
AB505,5,129
346.30
(1) (b) 1. Unless otherwise provided in subd. 2.,
and subject to s. 343.30
10(2r), any operator of a vehicle violating s. 346.23 or 346.28 may be required to forfeit
11not less than $20 nor more than $40 for the first offense and not less than $50 nor
12more than $100 for the 2nd or subsequent conviction within a year.
AB505, s. 12
13Section
12. 346.30 (2) of the statutes is amended to read:
AB505,5,1614
346.30
(2) Unless otherwise provided in sub. (1) (b) 2.,
and subject to s. 343.30
15(2r), any person violating s. 346.24 (1) or (3) may be required to forfeit not less than
16$30 nor more than $300.
AB505, s. 13
17Section
13. 346.30 (4) of the statutes is amended to read: