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2011 - 2012 LEGISLATURE
April 7, 2011 - Introduced by Representatives Krusick, Stone, Turner, Bies,
Brooks, Kaufert, Kerkman, Kleefisch, Krug, LeMahieu, Mursau, Nygren, J.
Ott, Ripp, Rivard, Spanbauer
and Staskunas, cosponsored by Senators
Carpenter, Lazich, Darling, Hansen, Olsen, Schultz and Zipperer, by
request of The family of Nicholas Dams, the family of Kristy Wanek, Rob
Dams, father of Nicholas and retired Police Chief, Wisconsin Chiefs of Police
Association, Milwaukee County Law Enforcement Executive Association,
Milwaukee Police Association, Milwaukee Deputy Sheriffs' Association,
Milwaukee County District Attorney John Chisholm, and Greendale
Professional Police Association. Referred to Committee on Transportation.
AB80,1,9 1An Act to repeal 343.05 (5) (b) 3., 343.44 (1) (am), 343.44 (2) (am) and 343.44
2(2) (e) to (h); to renumber 343.05 (5) (a); to renumber and amend 343.44 (2)
3(a) and 343.44 (2) (as); to amend 343.05 (5) (b) 1., 343.30 (1g) (a), 343.30 (1g)
4(b), 343.30 (2j) (a), 343.31 (2m) and 343.44 (2) (b) (intro.); and to create 343.05
5(5) (ag), 343.05 (5) (b) 4. and 5., 343.30 (1d), 343.30 (1g) (c), 343.44 (2) (ad),
6343.44 (2) (ag) 2. and 3., 343.44 (2) (ar) 3. and 4. and 343.44 (2) (br) of the
7statutes; relating to: operating a motor vehicle without a valid driver's license
8or after suspension or revocation of an operating privilege and providing
9penalties.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from operating a motor vehicle on a highway
during any period in which the person's motor vehicle operating privilege is
suspended (operating while suspended or OWS) or revoked (operating after
revocation or OAR) or, with limited exceptions, if the person does not possess a valid
operator's license (operating without a license or OWL).
Under current law, a person convicted of OWS must forfeit not less than $50 nor
more than $200. In addition, a person convicted of "knowing" OWS may be required

to forfeit not more than $200. A person convicted of OAR must forfeit not more than
$2,500 unless the underlying operating privilege revocation was the result of
specified traffic violations involving alcohol or controlled substances. A person
convicted of OAR for whom the underlying operating privilege revocation was the
result of specified traffic violations involving alcohol or controlled substances must
be fined not more than $2,500 or imprisoned for not more than one year or both. Also
under current law, as created in 2005 Wisconsin Act 412, a person who, in the course
of a "knowing" OWS violation or OAR violation, causes: 1) damage to the property
of another must forfeit $1,000; 2) injury to another person must forfeit $5,000; or 3)
great bodily harm or death to another person is guilty of a Class A misdemeanor,
punishable by a maximum fine of $10,000 or a maximum term of imprisonment of
nine months or both.
Under current law, with limited exceptions, a person convicted of OWL with
respect to a motor vehicle that is not a commercial motor vehicle may be required to
forfeit not more than $200 for the first offense, may be fined not more than $300 and
imprisoned for not more than 30 days for the second offense occurring within three
years, and may be fined not more than $500 and imprisoned for not more than six
months for the third or subsequent offense occurring within three years. Under one
exception, if the OWL violation results from the person's operator's license being
expired for not more than three months and the person has no prior OWL convictions,
the person may be required to forfeit not more than $100 for the OWL violation.
Under another exception, as created in 2005 Wisconsin Act 412, if, in the course of
operating the vehicle knowingly without a valid operator's license or knowingly with
an operator's license that has been revoked, suspended, or canceled, the person
causes: 1) damage to the property of another, the person must forfeit $1,000; 2) injury
to another person, the person must forfeit $5,000; or 3) great bodily harm or death
to another person, the person is guilty of a Class A misdemeanor.
This bill repeals "knowing" OWS as a separate and distinct violation and
repeals all other provisions of 2005 Wisconsin Act 412. The bill creates new penalties
for OWS, OAR, and OWL violations in which the person, in the course of the
violation, causes great bodily harm or death to another person.
Under the bill, a person convicted of OWL or OWS who, in the course of the
violation, causes great bodily harm to another person: 1) must forfeit not less than
$5,000 nor more than $7,500 if, at the time of the violation, the person did not know,
respectively, that he or she did not possess a valid operator's license or that his or her
operating privilege was suspended; or 2) is guilty of a Class I felony if the person
knew. A Class I felony is punishable by a maximum fine of $10,000 or a maximum
term of imprisonment of three and one-half years or both. If the person causes the
death of another in the course of the OWL or OWS violation, the person: 1) must
forfeit not less than $7,500 nor more than $10,000 if the person did not know,
respectively, that he or she did not possess a valid operator's license or that his or her
operating privilege was suspended; or 2) is guilty of a Class H felony if the person
knew. A Class H felony is punishable by a maximum fine of $10,000 or a maximum
term of imprisonment of six years or both. A person convicted of OAR who, in the
course of the violation, causes great bodily harm to another person: 1) must be fined

not less than $5,000 nor more than $7,500 or imprisoned for not more than one year
or both if, at the time of the violation, the person did not know that his or her
operating privilege was revoked; or 2) is guilty of a Class I felony if the person knew.
If the person causes the death of another in the course of the OAR violation, the
person: 1) must be fined not less than $7,500 nor more than $10,000 or imprisoned
for not more than one year or both if the person did not know that his or her operating
privilege was revoked; or 2) is guilty of a Class H felony if the person knew.
Under current law, a court may suspend a person's operating privilege for any
period not exceeding six months upon the person's conviction for OAR or OWS or
operating a commercial motor vehicle during a period in which the person is
disqualified (operating while disqualified or OWD). A court may revoke a person's
operating privilege, for a period of six months or less, for a fourth or subsequent
conviction for OAR, OWS, or OWD within a five-year period.
This bill requires a court to revoke a person's operating privilege if the person
is convicted of OWL, OWS, or OAR and, in the course of the violation, the person
causes great bodily harm or death to another person. The bill also provides that, as
with OWS and OAR, the Department of Transportation may revoke a resident's
operating privilege if the resident is convicted in another state for an OWL offense
in the course of which the person causes great bodily harm or death to another
person.
Under current law, a vehicle operator may not drive on or across a railroad
crossing while any traffic officer or railroad employee signals to stop, while any
warning device signals to stop, or, if any crossbuck sign is maintained at the crossing,
while any train occupies or closely approaches the crossing. A vehicle operator may
not drive through or around any crossing gate or barrier at a railroad crossing while
the gate or barrier is closed or is being opened or closed. A court may revoke a
person's operating privilege upon the person's first conviction of any of these
violations and must revoke the person's operating privilege upon the person's second
or subsequent conviction within a five-year period. The revocation is for six months.
This bill provides for suspension of a person's operating privilege, rather than
revocation of the person's operating privilege, for any of these violations.
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 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:
AB80, s. 1 1Section 1. 343.05 (5) (a) of the statutes is renumbered 343.05 (5) (am).
AB80, s. 2 2Section 2. 343.05 (5) (ag) of the statutes is created to read:
AB80,4,2
1343.05 (5) (ag) In this subsection, "great bodily harm" has the meaning given
2in s. 939.22 (14).
AB80, s. 3 3Section 3. 343.05 (5) (b) 1. of the statutes is amended to read:
AB80,4,124 343.05 (5) (b) 1. Except as provided in subd. subds. 2. or 3. to 5. and sub. (6),
5any person who violates sub. (3) (a) may be required to forfeit not more than $200 for
6the first offense, may be fined not more than $300 and imprisoned for not more than
730 days for the 2nd offense occurring within 3 years, and may be fined not more than
8$500 and imprisoned for not more than 6 months for the 3rd or subsequent offense
9occurring within 3 years. A In this paragraph, a violation of a local ordinance in
10conformity with this section or a violation of a law of a federally recognized American
11Indian tribe or band in this state in conformity with this section shall count as a
12previous offense.
AB80, s. 4 13Section 4. 343.05 (5) (b) 3. of the statutes is repealed.
AB80, s. 5 14Section 5. 343.05 (5) (b) 4. and 5. of the statutes are created to read:
AB80,4,1915 343.05 (5) (b) 4. Except as provided in subd. 2. and sub. (6), any person who
16violates sub. (3) (a) and, in the course of the violation, causes great bodily harm to
17another person is required to forfeit not less than $5,000 nor more than $7,500,
18except that, if the person knows at the time of the violation that he or she does not
19possess a valid operator's license, the person is guilty of a Class I felony.
AB80,4,2420 5. Except as provided in subd. 2. and sub. (6), any person who violates sub. (3)
21(a) and, in the course of the violation, causes the death of another person is required
22to forfeit not less than $7,500 nor more than $10,000, except that, if the person knows
23at the time of the violation that he or she does not possess a valid operator's license,
24the person is guilty of a Class H felony.
AB80, s. 6 25Section 6. 343.30 (1d) of the statutes is created to read:
AB80,5,7
1343.30 (1d) A court shall revoke a person's operating privilege upon the
2person's conviction for violating s. 343.05 (3) (a) or a local ordinance in conformity
3therewith if the person, in the course of the violation, causes great bodily harm, as
4defined in s. 939.22 (14), to another person or the death of another person. Any
5revocation under this subsection shall be for a period of 6 months, unless the court
6orders a period of revocation of less than 6 months and places its reasons for ordering
7the lesser period of revocation on the record.
AB80, s. 7 8Section 7. 343.30 (1g) (a) of the statutes is amended to read:
AB80,5,129 343.30 (1g) (a) Except as provided in par. Subject to pars. (b) and (c), a court
10may suspend a person's operating privilege for any period not exceeding 6 months
11upon the person's conviction for violating s. 343.44 (1) (a), (b), or (d) or a local
12ordinance in conformity therewith.
AB80, s. 8 13Section 8. 343.30 (1g) (b) of the statutes is amended to read:
AB80,5,1914 343.30 (1g) (b) A Except as provided in par. (c), a court may revoke a person's
15operating privilege upon the person's conviction for violating s. 343.44 (1) (a), (b), or
16(d) or a local ordinance in conformity therewith if the person has been convicted of
173 or more prior violations of s. 343.44 (1) (a), (b), or (d), or similar violations under
18s. 343.44 (1), 1997 stats., or a local ordinance in conformity therewith, within the
195-year period preceding the violation.
AB80,5,22 20(d) Any revocation under this paragraph subsection shall be for a period of 6
21months, unless the court orders a period of revocation of less than 6 months and
22places its reasons for ordering the lesser period of revocation on the record.
AB80, s. 9 23Section 9. 343.30 (1g) (c) of the statutes is created to read:
AB80,6,324 343.30 (1g) (c) A court shall revoke a person's operating privilege upon the
25person's conviction for violating s. 343.44 (1) (a) or (b), or a local ordinance in

1conformity with s. 343.44 (1) (a), if the person, in the course of the violation, causes
2great bodily harm, as defined in s. 939.22 (14), to another person or the death of
3another person.
AB80, s. 10 4Section 10. 343.30 (2j) (a) of the statutes is amended to read:
AB80,6,145 343.30 (2j) (a) A court may revoke suspend a person's operating privilege upon
6the person's first conviction for violating s. 346.44 or 346.62 (2m) and shall revoke
7suspend a person's operating privilege upon the person's 2nd or subsequent
8conviction within a 5-year period for violating s. 346.44 or 346.62 (2m). The
9revocation suspension shall be for a period of 6 months. For purposes of determining
10prior convictions for purposes of this paragraph, the 5-year period shall be measured
11from the dates of the violations that resulted in the convictions. Each conviction
12under s. 346.44 or 346.62 (2m) shall be counted, except that convictions under s.
13346.44 and 346.62 (2m) arising out of the same incident or occurrence shall be
14counted as a single conviction.
AB80, s. 11 15Section 11. 343.31 (2m) of the statutes is amended to read:
AB80,7,216 343.31 (2m) The department may suspend or revoke, respectively, the
17operating privilege of any resident upon receiving notice of the conviction of that
18person under a law of another jurisdiction or a federally recognized American Indian
19tribe or band in this state for an offense which, if the person had committed the
20offense in this state and been convicted of the offense under the laws of this state,
21would have permitted suspension or revocation of the person's operating privilege
22under s. 343.30 (1d) or (1g). Upon receiving similar notice with respect to a
23nonresident, the department may suspend or revoke the privilege of the nonresident
24to operate a motor vehicle in this state. The suspension or revocation shall not apply
25to the operation of a commercial motor vehicle by a nonresident who holds a valid

1commercial driver license issued by another state. A suspension or revocation under
2this subsection shall be for any period not exceeding 6 months.
AB80, s. 12 3Section 12. 343.44 (1) (am) of the statutes is repealed.
AB80, s. 13 4Section 13. 343.44 (2) (a) of the statutes is renumbered 343.44 (2) (ag) 1. and
5amended to read:
AB80,7,86 343.44 (2) (ag) 1. Any Except as provided in subds. 2. and 3., any person who
7violates sub. (1) (a) or a local ordinance in conformity therewith shall be required to
8forfeit not less than $50 nor more than $200.
AB80, s. 14 9Section 14. 343.44 (2) (ad) of the statutes is created to read:
AB80,7,1110 343.44 (2) (ad) In this subsection, "great bodily harm" has the meaning given
11in s. 939.22 (14).
AB80, s. 15 12Section 15. 343.44 (2) (ag) 2. and 3. of the statutes are created to read:
AB80,7,1713 343.44 (2) (ag) 2. Any person who violates sub. (1) (a) and, in the course of the
14violation, causes great bodily harm to another person is required to forfeit not less
15than $5,000 nor more than $7,500, except that, if the person knows at the time of the
16violation that his or her operating privilege has been suspended, the person is guilty
17of a Class I felony.
AB80,7,2118 3. Any person who violates sub. (1) (a) and, in the course of the violation, causes
19the death of another person is required to forfeit not less than $7,500 nor more than
20$10,000, except that, if the person knows at the time of the violation that his or her
21operating privilege has been suspended, the person is guilty of a Class H felony.
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