SB431: Bill Text

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 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:

SB431, s. 1 Section 1. 340.01 (74p) of the statutes is created to read:

SB431,4,2 340.01 (74p) "Vulnerable highway user" means any of the following:

SB431,4,3 (a) A pedestrian.

SB431,4,4 (b) A bicyclist.

SB431,4,5 (c) An operator of an electric personal assistive mobility device.

SB431,4,6 (d) An operator of a motorcycle, moped, or motor bicycle.

SB431,4,8 (e) An operator of, or passenger on, an animal-drawn vehicle, farm tractor, farm truck tractor, farm trailer, or implement of husbandry.

SB431,4,9 (f) A person riding upon in-line skates, a horse, or a play vehicle.

SB431,4,11 (g) A law enforcement officer, traffic officer, fire fighter, or emergency medical technician, while performing his or her official duties.

SB431,4,13 (h) A person who is rendering medical or emergency assistance to another person.

SB431, s. 2 Section 2. 343.30 (1j) (d) of the statutes is created to read:

SB431,5,4 343.30 (1j) (d) Notwithstanding pars. (a) to (c), for a period of one year, if the offense resulted in bodily harm, great bodily harm, or death to a vulnerable highway user.

SB431, s. 3 Section 3. 343.30 (1m) of the statutes is created to read:

SB431,5,9 343.30 (1m) Upon conviction of a person for violating s. 346.075, 346.21, or 346.89, the court shall suspend the violator's operating privilege for a period of one year if the offense resulted in bodily harm, great bodily harm, or death to a vulnerable highway user.

SB431, s. 4 Section 4. 343.31 (1) (a) of the statutes is amended to read:

SB431,5,13 343.31 (1) (a) Homicide or, great bodily harm, or harm to a vulnerable highway user resulting from the operation of a motor vehicle and which is criminal under s. 346.62 (4), 940.06, 940.09, 940.10 or 940.25.

SB431, s. 5 Section 5. 343.31 (1) (ag) of the statutes is created to read:

SB431,5,16 343.31 (1) (ag) Bodily harm to a vulnerable highway user resulting from the operation of a motor vehicle and which is criminal under s. 346.62 (3).

SB431, s. 6 Section 6. 343.31 (3) (cm) of the statutes is created to read:

SB431,5,21 343.31 (3) (cm) Any person convicted under s. 346.62 (3) or (4) or 940.10, or under s. 940.06 if the offense resulted from the operation of a motor vehicle, shall have his or her operating privilege revoked for 2 years if the offense resulted in bodily harm, great bodily harm, or death to a vulnerable highway user.

SB431, s. 7 Section 7. 345.47 (1) (intro.) of the statutes is amended to read:

SB431,6,14 345.47 (1) (intro.) If the defendant is found guilty, the court may enter judgment against the defendant for a monetary amount not to exceed the maximum forfeiture provided for the violation, plus costs, fees, and surcharges imposed under ch. 814, and, in addition, may suspend or revoke his or her operating privilege under s. 343.30. If the violation is one described in s. 346.17 (6) (c), 346.22 (5) (c), 346.65 (3) (b) or (5) (b), or 346.95 (12) (c), or if the forfeiture for the violation has been doubled under s. 346.17 (6), 346.22 (5), 346.30 (5), 346.36 (3), 346.43 (4), 346.49 (5), 346.56 (5), 346.60 (6), 346.74 (7), 346.82 (3), 346.95 (12), or 349.06 (4), the court may also order the defendant to perform community service work. Upon entering judgment, the court shall notify the defendant personally, if the defendant is present, and in writing that the defendant should notify the court if he or she is unable to pay the judgment because of poverty, as that term is used in s. 814.29 (1) (d). If the defendant is present and the court, using the criteria in s. 814.29 (1) (d), determines that the defendant is unable to pay the judgment because of poverty, the court shall provide the defendant with an opportunity to pay the judgment in installments, taking into account the defendant's income. If the judgment is not paid or if the defendant fails to make any ordered installment payment, the court shall order:

SB431, s. 8 Section 8. 346.17 (4) of the statutes is amended to read:

SB431,6,19 346.17 (4) Any Except as provided in sub. (6) (c), any person violating s. 346.075 may be required to forfeit not less than $25 nor more than $200 for the first offense and not less than $50 nor more than $500 for the 2nd or subsequent violation within 4 years.

SB431, s. 9 Section 9. 346.17 (6) of the statutes is created to read:

SB431,6,22 346.17 (6) (a) In this subsection, "harm" means bodily harm, as defined in s. 939.22 (4), great bodily harm, as defined in s. 939.22 (14), or death.

SB431,7,2 (b) If any violation under ss. 346.04 to 346.072 or 346.08 to 346.16 results in harm to a vulnerable highway user, the amount of any forfeiture or fine specified in subs. (1) to (3) or s. 939.50 for the violation shall be doubled. If sub. (5) applies with respect to the violation, the doubling of the forfeiture under this subsection shall apply in addition to any doubling under sub. (5).

SB431,7,4 (c) If any violation under s. 346.075 results in harm to a vulnerable highway user, the person who commits the violation is guilty of a Class I felony.

SB431, s. 10 Section 10. 346.22 (1) (a), (b), (c), (d) and (e) of the statutes are amended to read:

SB431,7,10 346.22 (1) (a) Except as provided in par. (b), (c), (d), or (e) or sub. (5) (c), any person violating s. 346.18, 346.20 (1), or 346.215 (2) (b) or (3) may be required to forfeit not less than $20 nor more than $50 for the first offense and not less than $50 nor more than $100 for the 2nd or subsequent conviction within a year.

SB431,7,14 (b) If an operator of a vehicle violates s. 346.18 (6) where persons engaged in work in a highway maintenance or construction area or in a utility work area are at risk from traffic, any applicable minimum and maximum forfeiture or fine specified in par. (a), (c), (d), or (e) or sub. (5) (c) and s. 939.50 for the violation shall be doubled.

SB431,7,18 (c) If Except as provided in sub. (5) (c), if a person violates s. 346.18 and the violation results in bodily harm, as defined in s. 939.22 (4), to another, the person shall forfeit $200 and shall have his or her operating privilege suspended as provided in s. 343.30 (1j).

SB431,7,22 (d) If Except as provided in sub. (5) (c), if a person violates s. 346.18 and the violation results in great bodily harm, as defined in s. 939.22 (14), to another, the person shall forfeit $500 and shall have his or her operating privilege suspended as provided in s. 343.30 (1j).

SB431,7,25 (e) If Except as provided in sub. (5) (c), if a person violates s. 346.18 and the violation results in death to another, the person shall forfeit $1,000 and shall have his or her operating privilege suspended as provided in s. 343.30 (1j).

SB431, s. 11 Section 11. 346.22 (3) of the statutes is amended to read:

SB431,8,5 346.22 (3) Any Except as provided in sub. (5) (c), any person violating s. 346.20 (2), (3) or (4) (b) or (c) or 346.21 may be required to forfeit not less than $10 nor more than $20 for the first offense and not less than $25 nor more than $50 for the 2nd or subsequent conviction within a year.

SB431, s. 12 Section 12. 346.22 (5) of the statutes is created to read:

SB431,8,8 346.22 (5) (a) In this subsection, "harm" means bodily harm, as defined in s. 939.22 (4), great bodily harm, as defined in s. 939.22 (14), or death.

SB431,8,13 (b) If any violation under s. 346.19, 346.20, or 346.215 results in harm to a vulnerable highway user, the amount of any forfeiture specified in subs. (1) to (3) for the violation shall be doubled. If sub. (1) (b) applies with respect to the violation, the doubling of the forfeiture under this subsection shall apply in addition to any doubling under sub. (1) (b).

SB431,8,15 (c) If any violation under s. 346.18 or 346.21 results in harm to a vulnerable highway user, the person who commits the violation is guilty of a Class I felony.

SB431, s. 13 Section 13. 346.30 (5) of the statutes is created to read:

SB431,8,18 346.30 (5) (a) In this subsection, "harm" means bodily harm, as defined in s. 939.22 (4), great bodily harm, as defined in s. 939.22 (14), or death.

SB431,8,21 (b) If any violation under ss. 346.23 to 346.29 results in harm to a vulnerable highway user, the amount of any forfeiture specified in subs. (1) to (4) for the violation shall be doubled.

SB431, s. 14 Section 14. 346.36 (3) of the statutes is created to read:

SB431,8,24 346.36 (3) (a) In this subsection, "harm" means bodily harm, as defined in s. 939.22 (4), great bodily harm, as defined in s. 939.22 (14), or death.

SB431,9,3 (b) If any violation under ss. 346.31 to 346.35 results in harm to a vulnerable highway user, the amount of any forfeiture specified in subs. (1) and (2) for the violation shall be doubled.

SB431, s. 15 Section 15. 346.43 (4) of the statutes is created to read:

SB431,9,6 346.43 (4) (a) In this subsection, "harm" means bodily harm, as defined in s. 939.22 (4), great bodily harm, as defined in s. 939.22 (14), or death.

SB431,9,11 (b) If any violation under ss. 346.37 to 346.42 results in harm to a vulnerable highway user, the amount of any forfeiture specified in subs. (1) to (3) for the violation shall be doubled. If sub. (1) (b) 3. applies with respect to the violation, the doubling of the forfeiture under this subsection shall apply in addition to any doubling under sub. (1) (b) 3.

SB431, s. 16 Section 16. 346.49 (5) of the statutes is created to read:

SB431,9,14 346.49 (5) (a) In this subsection, "harm" means bodily harm, as defined in s. 939.22 (4), great bodily harm, as defined in s. 939.22 (14), or death.

SB431,9,19 (b) If any violation under s. 346.44, 346.45, 346.455, 346.46, or 346.47 to 346.48 results in harm to a vulnerable highway user, the amount of any forfeiture specified in subs. (1), (1g), (2), (2m), and (4) for the violation shall be doubled. If sub. (1) (c) applies with respect to the violation, the doubling of the forfeiture under this subsection shall apply in addition to any doubling under sub. (1) (c).

SB431, s. 17 Section 17. 346.56 (5) of the statutes is created to read:

SB431,9,22 346.56 (5) (a) In this subsection, "harm" means bodily harm, as defined in s. 939.22 (4), great bodily harm, as defined in s. 939.22 (14), or death.

SB431,9,25 (b) If any violation under ss. 346.503 to 346.55 results in harm to a vulnerable highway user, the amount of any forfeiture specified in subs. (1) to (4) for the violation shall be doubled.

SB431, s. 18 Section 18. 346.60 (6) of the statutes is created to read:

SB431,10,3 346.60 (6) (a) In this subsection, "harm" means bodily harm, as defined in s. 939.22 (4), great bodily harm, as defined in s. 939.22 (14), or death.

SB431,10,8 (b) If any violation under ss. 346.57 to 346.595 results in harm to a vulnerable highway user, the amount of any forfeiture specified in subs. (1) to (5) for the violation shall be doubled. If sub. (3m) applies with respect to the violation, the doubling of the forfeiture under this subsection shall apply in addition to any doubling or other penalty enhancement under sub. (3m).

SB431, s. 19 Section 19. 346.65 (3) of the statutes is renumbered 346.65 (3) (a) and amended to read:

SB431,10,13 346.65 (3) (a) Except as provided in par. (b) and sub. (5m), any person violating s. 346.62 (3) shall be fined not less than $300 nor more than $2,000 and may be imprisoned for not less than 30 days nor more than one year in the county jail.

SB431, s. 20 Section 20. 346.65 (3) (b) of the statutes is created to read:

SB431,10,16 346.65 (3) (b) If the violation of s. 346.62 (3) causes bodily harm to a vulnerable highway user, the person who commits the violation is guilty of a Class H felony.

SB431, s. 21 Section 21. 346.65 (5) of the statutes is renumbered 346.65 (5) (a) and amended to read:

SB431,10,20 346.65 (5) (a) Except as provided in par. (b) and sub. (5m), any person violating s. 346.62 (4) is guilty of a Class I felony.

SB431, s. 22 Section 22. 346.65 (5) (b) of the statutes is created to read:

SB431,10,24 346.65 (5) (b) If the violation of s. 346.62 (4) causes great bodily harm to a vulnerable highway user, the person who commits the violation is guilty of a Class H felony.

SB431, s. 23 Section 23. 346.74 (7) of the statutes is created to read:

SB431,11,2 346.74 (7) (a) In this subsection, "harm" means bodily harm, as defined in s. 939.22 (4), great bodily harm, as defined in s. 939.22 (14), or death.

SB431,11,5 (b) If any violation under s. 346.67 or ss. 346.68 to 346.70 results in harm to a vulnerable highway user, the amount of any forfeiture or fine specified in subs. (2) to (5) or s. 939.50 for the violation shall be doubled.

SB431, s. 24 Section 24. 346.82 (3) of the statutes is created to read:

SB431,11,8 346.82 (3) (a) In this subsection, "harm" means bodily harm, as defined in s. 939.22 (4), great bodily harm, as defined in s. 939.22 (14), or death.

SB431,11,11 (b) If any violation under ss. 346.77 to 346.805 results in harm to a vulnerable highway user, the amount of any forfeiture specified in subs. (1) and (2) for the violation shall be doubled.

SB431, s. 25 Section 25. 346.95 (1) and (2) of the statutes are amended to read:

SB431,11,17 346.95 (1) Any Except as provided in sub. (12) (c), any person violating s. 346.87, 346.88, 346.89 (2), 346.90 to 346.92 or 346.94 (1), (9), (10), (11), (12) or (15) may be required to forfeit not less than $20 nor more than $40 for the first offense and not less than $50 nor more than $100 for the 2nd or subsequent conviction within a year.

SB431,11,20 (2) Any Except as provided in sub. (12) (c), any person violating s. 346.89 (1) or (3) (a) or 346.94 (2), (4), or (7) may be required to forfeit not less than $20 nor more than $400.

SB431, s. 26 Section 26. 346.95 (12) of the statutes is created to read:

SB431,11,23 346.95 (12) (a) In this subsection, "harm" means bodily harm, as defined in s. 939.22 (4), great bodily harm, as defined in s. 939.22 (14), or death.

SB431,12,3 (b) If any violation under ss. 346.87, 346.88, or 346.90 to 346.94 results in harm to a vulnerable highway user, the amount of any forfeiture specified in subs. (1) to (5e) and (6) to (11) for the violation shall be doubled.

SB431,12,5 (c) If any violation under s. 346.89 results in harm to a vulnerable highway user, the person who commits the violation is guilty of a Class I felony.

SB431, s. 27 Section 27. 349.06 (1) (a) of the statutes is amended to read:

SB431,12,14 349.06 (1) (a) Except for the suspension or revocation of motor vehicle operator's licenses or except as provided in par. (b), any local authority may enact and enforce any traffic regulation which is in strict conformity with one or more provisions of chs. 341 to 348 and 350 for which the penalty for violation thereof is a forfeiture. If a local authority enacts a traffic regulation in strict conformity with any provision of ch. 346 for which the penalty under ch. 346 is doubled if the violation results in harm to a vulnerable highway user, the applicable penalty for the violation under the ordinance shall also include the doubling of the forfeiture.

SB431, s. 28 Section 28. 939.22 (44m) of the statutes is created to read:

SB431,12,17 939.22 (44m) "Vulnerable highway user" has the meaning given in s. 340.01 (74p).

SB431, s. 29 Section 29. 940.25 (1b) of the statutes is created to read:

SB431,12,20 940.25 (1b) Any person who does any of the following is guilty of a Class H felony: