SB431: Bill Text

LRB-1064/1

ARG:med&cjs:jf

2011 - 2012 LEGISLATURE

2011 Senate BILL 431

February 6, 2012 - Introduced by Senators Schultz, T. Cullen and Taylor, cosponsored by Representatives Zepnick and Hulsey. Referred to Committee on Judiciary, Utilities, Commerce, and Government Operations.

SB431,1,9 An Act to renumber and amend 346.65 (3) and 346.65 (5); to amend 343.31 (1) (a), 345.47 (1) (intro.), 346.17 (4), 346.22 (1) (a), (b), (c), (d) and (e), 346.22 (3), 346.95 (1) and (2), 349.06 (1) (a), 940.25 (1m) (a), 940.25 (1m) (b) and 940.25 (2) (a); and to create 340.01 (74p), 343.30 (1j) (d), 343.30 (1m), 343.31 (1) (ag), 343.31 (3) (cm), 346.17 (6), 346.22 (5), 346.30 (5), 346.36 (3), 346.43 (4), 346.49 (5), 346.56 (5), 346.60 (6), 346.65 (3) (b), 346.65 (5) (b), 346.74 (7), 346.82 (3), 346.95 (12), 939.22 (44m) and 940.25 (1b) of the statutes; relating to: traffic violations resulting in harm to vulnerable highway users and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill creates penalty enhancements for traffic violations that result in bodily harm, great bodily harm, or death (collectively "harm") to vulnerable highway users. The bill defines "vulnerable highway user" as any of the following: 1) a pedestrian; 2) a bicyclist; 3) an operator of an electric personal assistive mobility device (EPAMD, commonly referred to by the tradename "Segway"); 4) an operator of a motorcycle, moped, or motor bicycle; 5) an operator of, or passenger on, an animal-drawn vehicle, farm tractor, farm truck tractor, farm trailer, or implement of husbandry; 6) a person riding upon in-line skates, a horse, or a play vehicle; 7) a law enforcement officer, traffic officer, fire fighter, or emergency medical technician, while performing his or her official duties; or 8) a person who is rendering medical or emergency assistance to another person. For most traffic violations, the bill doubles the applicable forfeiture or fine if the violation results in harm to a vulnerable highway user, and this doubling is in addition to any other applicable penalty enhancement, such as the doubling for certain traffic violations committed in highway maintenance or construction areas or in utility work areas. However, for specific violations, the bill makes the offense a Class I or Class H felony if the violation results in harm to a vulnerable highway user. A Class I felony is punishable by a fine not exceeding $10,000 or imprisonment not exceeding three years and six months or both. A Class H felony is punishable by a fine not exceeding $10,000 or imprisonment not exceeding six years or both. Provisions of current law that increase the forfeiture or fine for violations committed under certain circumstances, such as in highway maintenance or construction areas or in utility work areas, continue to apply to these new, higher penalties.

Under current law, a person who causes the death of another by operating or handling a vehicle while under the influence of an intoxicant is guilty of a Class D felony or, if the person has been convicted of a prior operating under the influence of an intoxicant or other drug (OWI) offence relating to, a Class C felony. A Class C felony is punishable by a fine not exceeding $100,000 or imprisonment not exceeding 40 years or both. A Class D felony is punishable by a fine not exceeding $100,000 or imprisonment not exceeding 25 years or both. A person who causes great bodily harm to another by OWI is guilty of a Class F felony. A Class F felony is punishable by a fine not exceeding $25,000 or imprisonment not exceeding 12 years and 6 months or both. A person who causes injury to another by OWI may be fined not less then $300 nor more than $2,000 and imprisoned for not less than 30 days nor more than one year or, if the person has been convicted of a prior OWI-related offense, is guilty of a Class H felony.

Under this bill, a person who causes bodily harm by OWI to a vulnerable highway user is guilty of a Class H felony.

Under current law, the operator of a vehicle must yield the right-of-way to another vehicle under certain circumstances, including: when turning left across traffic; at an intersection posted with a yield sign; when entering a through highway or a highway from an alley or driveway or from a parked or standing position; or when entering a highway from another highway that ends at a "T" intersection. A person who fails to yield the right-of-way as required is subject to a forfeiture of not less than $20 nor more than $50 for a first offense and not less than $50 nor more than $100 for any subsequent offense within a year. However, if the violation results in bodily harm, great bodily harm, or death to another, the person must forfeit, respectively, $200, $500, or $1,000 for the violation and the court must suspend the person's operating privilege for, respectively, 30 days, 90 days, or 9 months.

Under this bill, if such a failure to yield violation results in harm to a vulnerable highway user, the penalty is increased to a Class I felony, punishable by a fine not exceeding $10,000 or imprisonment not exceeding three years and six months or both, and the court must suspend the person's operating privilege for a period of one year.

Under current law, the operator of a motor vehicle must yield the right-of-way to livestock being driven over or along the highway. A person who fails to yield the right-of-way to livestock is subject to a forfeiture of not less than $10 nor more than $20 for the first offense and not less than $25 nor more than $50 for the second or subsequent offense within a year.

Under this bill, if such a failure to yield to livestock violation results in harm to a vulnerable highway user, the penalty is increased to a Class I felony and the court must suspend the person's operating privilege for a period of one year.

Under current law, the operator of a motor vehicle overtaking a bicycle or EPAMD proceeding in the same direction must exercise due care, leaving a safe distance but at least three feet clearance when passing the bicycle or EPAMD, and must maintain clearance until safely past the overtaken bicycle or EPAMD. Also, if the operator of a motor vehicle overtakes a motor bus that is stopped at an intersection on the right side of the roadway and that is receiving or discharging passengers, the operator must pass at a safe distance to the left of the motor bus and may not turn to the right in front of the motor bus at that intersection. A person who commits such a passing violation is subject to a forfeiture of not less than $25 nor more than $200 for the first offense and not less than $50 nor more than $500 for the second or subsequent offense within four years.

Under this bill, if such a passing violation results in harm to a vulnerable highway user, the penalty is increased to a Class I felony and the court must suspend the person's operating privilege for a period of one year.

Current law prohibits inattentive driving of a motor vehicle, which includes: 1) being so engaged or occupied, while driving a motor vehicle, as to interfere with the safe driving of the vehicle; 2) operating a motor vehicle equipped with a television or similar device in the front of the vehicle or otherwise visible to the operator; and 3) driving a motor vehicle while composing or sending an electronic text message or an e-mail message. Any person who commits forms 1) and 3) of inattentive driving is subject to a forfeiture of not less than $20 nor more than $400 and any person who commits form 2) of inattentive driving is subject to a forfeiture of not less than $20 nor more than $40 for the first offense and not less than $50 nor more than $100 for the second or subsequent offense within a year.

Under this bill, if any inattentive driving violation results in harm to a vulnerable highway user, the penalty is increased to a Class I felony and the court must suspend the person's operating privilege for a period of one year.

Current law prohibits a person from causing bodily harm or great bodily harm to another by the negligent operation of a vehicle (reckless driving). A person who commits a reckless driving violation that causes bodily harm is subject to a fine of not less than $300 nor more than $2,000 and may be imprisoned for not less than 30 days nor more than one year. A person who commits a reckless driving violation that causes great bodily harm is guilty of a Class I felony and must have his or her operating privilege revoked by the Department of Transportation (DOT) for one year.

Under this bill, a reckless driving violation that causes harm or great bodily harm to a vulnerable highway user is punishable as a Class H felony and the violator must have his or her operating privilege revoked by DOT for a period of two years.

Under current law, local authorities may enact and enforce traffic regulations that are in strict conformity with state statutes and that provide for a forfeiture as a penalty.

Under this bill, if a local authority enacts a traffic regulation in strict conformity with a state statute and the statutory penalty is doubled if the violation results in harm to a vulnerable highway user, the applicable ordinance penalty for the ordinance violation must also include the doubling of the forfeiture.

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: