AB388: Bill Text

AB388,11 Section 11. 343.38 (3) of the statutes is amended to read:

AB388,9,6 343.38 (3) Reinstatement after suspension. Except as provided in sub. (2) and s. 343.10, the department shall not reinstate the operating privilege of a person whose operating privilege has been duly suspended while the suspension remains in effect. Subject to s. 343.31 (2t) (b) and (2v) (c), upon the expiration of the period of suspension, the person's operating privilege is reinstated upon receipt by the department of the fees specified in s. 343.21 (1) (j) and (n) and, for reinstatement of an operating privilege suspended under ch. 344, the filing with the department of proof of financial responsibility, if required, in the amount, form, and manner specified under ch. 344.

AB388,12 Section 12. 343.71 (5) (g) of the statutes is created to read:

AB388,9,10 343.71 (5) (g) Acquaints each student with the hazards posed by motor vehicles to vulnerable highway users, as defined in s. 340.01 (74p), and provides at least 30 minutes of instruction in safely dealing with these hazards.

AB388,13 Section 13. 345.47 (1) (intro.) of the statutes is amended to read:

AB388,9,25 345.47 (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) (b) or (c), 346.22 (5) (b) or (c), or 346.95 (12) (b) or (c), or if the forfeiture for the violation has been doubled under s. 346.17 (6) (a), 346.22 (5) (a), 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) (a), or 349.06 (1) (a), 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:

AB388,14 Section 14. 345.60 (1) of the statutes is amended to read:

AB388,10,14 345.60 (1) Except as provided in sub. subs. (3) and (5) and s. 343.31 (2t) (b), in addition to or in lieu of other penalties provided by law for violation of chs. 346 to 348, the trial court may in its judgment of conviction order the convicted person to attend, for a certain number of school days, a traffic safety school whose course and mode of instruction is approved by the secretary and which is conducted by the police department of the municipality, by the sheriff's office of the county, or by any regularly established safety organization. The trial court may not order a person to attend a traffic safety school under this subsection if the department is required to order that the person attend a vehicle right-of-way course under s. 343.31 (2t) (b) or a safe driver course under sub. (5) or s. 343.31 (2v) (c).

AB388,15 Section 15. 345.60 (5) of the statutes is created to read:

AB388,11,6 345.60 (5) If a person is convicted of a violation of s. 346.62 (4), 940.10, or 940.25, or of s. 940.06 or 940.09 if the offense resulted from the operation of a motor vehicle, resulting in great bodily harm or death to a vulnerable highway user, or 346.65 (2) or (6) resulting in injury to a vulnerable highway user, in addition to any other penalty provided by law, the department shall order the person to attend a safe driver course whose mode of instruction is approved by the secretary and which is conducted by any regularly established safety organization, by the provider of driver education courses approved under s. 38.04 (4) or 115.28 (11), by a driver school licensed under s. 343.61, or by a law enforcement agency. The course of instruction shall include skills and habits promoting safe driving and shall acquaint the person with the hazards of reckless driving. If the course is conducted by the provider of approved driver education courses or a driver school, the provider or driver school shall issue to the person a certificate upon successful completion of the course. If a person's operating privilege has been revoked under s. 343.31 (1) (a), the department may not reinstate the person's operating privilege unless the person has successfully completed the course required under this subsection.

AB388,16 Section 16. 346.17 (4) of the statutes is amended to read:

AB388,11,11 346.17 (4) Any Except as provided in sub. (6), 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.

AB388,17 Section 17. 346.17 (6) of the statutes is created to read:

AB388,11,14 346.17 (6) (a) 1. In this paragraph, "harm" means bodily harm, as defined in s. 939.22 (4), great bodily harm, as defined in s. 939.22 (14), or death.

AB388,11,19 2. Except as provided in pars. (b) and (c), if any violation under ss. 346.04 to 346.16 results in harm to a vulnerable highway user, the amount of any forfeiture or fine specified in subs. (1) to (4) 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).

AB388,11,22 (b) If any violation under s. 346.075 results in great bodily harm, as defined in s. 939.22 (14), to a vulnerable highway user, the person who commits the violation is guilty of a Class B misdemeanor as specified in s. 939.51 (3) (b).

AB388,11,25 (c) If any violation under s. 346.075 results in death to a vulnerable highway user, the person who commits the violation is guilty of a Class A misdemeanor as specified in s. 939.51 (3) (a).

AB388,18 Section 18. 346.22 (1) (a), (b), (d) and (e) of the statutes are amended to read:

AB388,12,5 346.22 (1) (a) Except as provided in par. (b), (c), (d), or (e) or sub. (5), 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.

AB388,12,10 (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. 939.51 (3) for the violation shall be doubled.

AB388,12,13 (d) If Except as provided in sub. (5) (b), 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.

AB388,12,15 (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.

AB388,19 Section 19. 346.22 (3) of the statutes is amended to read:

AB388,12,20 346.22 (3) Any Except as provided in sub. (5), 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.

AB388,20 Section 20. 346.22 (5) of the statutes is created to read:

AB388,12,23 346.22 (5) (a) 1. In this paragraph, "harm" means bodily harm, as defined in s. 939.22 (4), great bodily harm, as defined in s. 939.22 (14), or death.

AB388,13,3 2. Except as provided in pars. (b) and (c), if any violation under s. 346.19, 346.20, 346.21, 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).

AB388,13,6 (b) If any violation under s. 346.18 or 346.21 results in great bodily harm, as defined in s. 939.22 (14), to a vulnerable highway user, the person who commits the violation is guilty of a Class B misdemeanor as specified in s. 939.51 (3) (b).

AB388,13,9 (c) If any violation under s. 346.18 or 346.21 results in death to a vulnerable highway user, the person who commits the violation is guilty of a Class A misdemeanor as specified in s. 939.51 (3) (a).

AB388,21 Section 21. 346.30 (5) of the statutes is created to read:

AB388,13,12 346.30 (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.

AB388,13,15 (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.

AB388,22 Section 22. 346.36 (3) of the statutes is created to read:

AB388,13,18 346.36 (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.

AB388,13,21 (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.

AB388,23 Section 23. 346.43 (4) of the statutes is created to read:

AB388,13,24 346.43 (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.

AB388,14,5 (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.

AB388,24 Section 24. 346.49 (5) of the statutes is created to read:

AB388,14,8 346.49 (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.

AB388,14,13 (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).

AB388,25 Section 25. 346.56 (5) of the statutes is created to read:

AB388,14,16 346.56 (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.

AB388,14,19 (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.

AB388,26 Section 26. 346.60 (6) of the statutes is created to read:

AB388,14,22 346.60 (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.

AB388,15,2 (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).

AB388,27 Section 27. 346.65 (3m) of the statutes is amended to read:

AB388,15,12 346.65 (3m) Except as provided in sub. (3p) or (3r), any person violating s. 346.63 (2) or (6) 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. If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under s. 346.63 (2) or (6), the offense is a felony, the applicable minimum and maximum fines or periods of imprisonment for the conviction are doubled and the place of imprisonment shall be determined under s. 973.02. If the injury was to a vulnerable highway user, the applicable minimum and maximum fines for the conviction are doubled.

AB388,28 Section 28. 346.65 (3p) of the statutes is amended to read:

AB388,15,21 346.65 (3p) Any person violating s. 346.63 (2) or (6) is guilty of a Class H felony if the person has one or more prior convictions, suspensions, or revocations, as counted under s. 343.307 (1). If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under s. 346.63 (2) or (6), the offense is a felony and the applicable maximum fines or periods of imprisonment for the conviction are doubled. If the injury was to a vulnerable highway user, the applicable minimum and maximum fines for the conviction are doubled.

AB388,29 Section 29. 346.65 (3r) of the statutes is amended to read:

AB388,16,12 346.65 (3r) In any county that opts to offer a reduced minimum period of imprisonment for the successful completion of a probation period that includes alcohol and other drug treatment, any person violating s. 346.63 (2) or (6) shall be fined the same as under sub. (3m), but the period of imprisonment shall be not less than 30 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 15 days. If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under s. 346.63 (2) or (6), the offense is a felony, the applicable minimum and maximum fines or periods of imprisonment for the conviction are doubled and the place of imprisonment shall be determined under s. 973.02. If the injury was to a vulnerable highway user, the applicable minimum and maximum fines for the conviction are doubled. A person may be sentenced under this subsection or under sub. (2) (bm) or (cm) or (2j) (bm) or (cm) once in his or her lifetime. This subsection does not apply to a person sentenced under sub. (3p).

AB388,30 Section 30. 346.74 (7) of the statutes is created to read:

AB388,16,15 346.74 (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.

AB388,16,18 (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.

AB388,31 Section 31. 346.82 (3) of the statutes is created to read:

AB388,16,21 346.82 (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.

AB388,16,24 (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.

AB388,32 Section 32. 346.95 (1) and (2) of the statutes are amended to read:

AB388,17,5 346.95 (1) Any Except as provided in sub. (12) (c), any person violating s. 346.87, 346.88, 346.89 (2) or (4), 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.

AB388,17,8 (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.

AB388,33 Section 33. 346.95 (12) of the statutes is created to read:

AB388,17,11 346.95 (12) (a) 1. In this paragraph, "harm" means bodily harm, as defined in s. 939.22 (4), great bodily harm, as defined in s. 939.22 (14), or death.

AB388,17,14 2. Except as provided in pars. (b) and (c), if any violation under ss. 346.87 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.

AB388,17,17 (b) If any violation under s. 346.89 results in great bodily harm, as defined in s. 939.22 (14), to a vulnerable highway user, the person who commits the violation is guilty of a Class B misdemeanor as specified in s. 939.51 (3) (b).

AB388,17,20 (c) If any violation under s. 346.89 results in death to a vulnerable highway user, the person who commits the violation is guilty of a Class A misdemeanor as specified in s. 939.51 (3) (a).

AB388,34 Section 34. 349.06 (1) (a) of the statutes is amended to read:

AB388,18,4 349.06 (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.

AB388,35 Section 35. Initial applicability.

AB388,18,11 (1) The treatment of sections 340.01 (74p), 343.30 (1), 343.31 (2t) (a) 4. and 5., (2v), and (3) (a), (c), and (f), 343.38 (1) and (3), 345.47 (1) (intro.), 345.60 (1) and (5), 346.17 (4) and (6), 346.22 (1) (a), (b), (d), and (e), (3), and (5), 346.30 (5), 346.36 (3), 346.43 (4), 346.49 (5), 346.56 (5), 346.60 (6), 346.65 (3m), (3p), and (3r), 346.74 (7), 346.82 (3), 346.95 (1), (2), and (12), and 349.06 (1) (a) of the statutes first applies to violations committed on the effective date of this subsection.

AB388,18,14 (2) The treatment of sections 38.04 (4) (e) 7., 115.28 (11) (g), and 343.71 (5) (g) of the statutes first applies to driver education courses that begin on the effective date of this subsection.

AB388,36 Section 36. Effective date.

AB388,18,17 (1) This act takes effect on the first day of the 4th month beginning after publication.

AB388,18,18 (End)