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12. 343.44 (1) (am) of the statutes is repealed.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.
AB80, s. 16
22Section
16. 343.44 (2) (am) of the statutes is repealed.
AB80, s. 17
23Section
17. 343.44 (2) (ar) 3. and 4. of the statutes are created to read:
AB80,8,324
343.44
(2) (ar) 3. Any person who violates sub. (1) (b) and, in the course of the
25violation, causes great bodily harm to another person shall be fined not less than
1$5,000 nor more than $7,500 or imprisoned for not more than one year in the county
2jail or both, except that, if the person knows at the time of the violation that his or
3her operating privilege has been revoked, the person is guilty of a Class I felony.
AB80,8,84
4. Any person who violates sub. (1) (b) and, in the course of the violation, causes
5the death of another person shall be fined not less than $7,500 nor more than $10,000
6or imprisoned for not more than one year in the county jail or both, except that, if the
7person knows at the time of the violation that his or her operating privilege has been
8revoked, the person is guilty of a Class H felony.
AB80, s. 18
9Section
18. 343.44 (2) (as) of the statutes is renumbered 343.44 (2) (ar) 1. and
10amended to read:
AB80,8,1211
343.44
(2) (ar) 1.
Any Except as provided in subds. 2. to 4., any person who
12violates sub. (1) (b)
after July 27, 2005, shall forfeit not more than $2,500
, except that.
AB80,8,17
132. Except as provided in subds. 3. and 4., any person who violates sub. (1) (b)
14shall be fined not more than $2,500 or imprisoned for not more than one year in the
15county jail or both if the revocation identified under sub. (1) (b) resulted from an
16offense that may be counted under s. 343.307 (2)
, the penalty under par. (b) shall
17apply.
AB80, s. 19
18Section
19. 343.44 (2) (b) (intro.) of the statutes is amended to read:
AB80,8,2319
343.44
(2) (b) (intro.)
Except as provided in pars. (am) and (as), any person who
20violates sub. (1) (b) or (d) shall be fined not more than $2,500 or imprisoned for not
21more than one year in the county jail or both. In imposing a sentence under
this
22paragraph, or a local ordinance in conformity with this paragraph,
par. (ar) or (br), 23the court shall review the record and consider the following:
AB80, s. 20
24Section
20. 343.44 (2) (br) of the statutes is created to read:
AB80,9,2
1343.44
(2) (br) Any person who violates sub. (1) (d) shall be fined not more than
2$2,500 or imprisoned for not more than one year in the county jail or both.
AB80, s. 21
3Section
21. 343.44 (2) (e) to (h) of the statutes are repealed.
AB80,9,75
(1) This act first applies to violations committed on the effective date of this
6subsection, but does not preclude the counting of other violations as prior violations
7for purposes of sentencing a person.
AB80,9,109
(1) This act takes effect on the first day of the 3rd month beginning after
10publication.