AB388: Bill Text

2013 Assembly BILL 388

September 23, 2013 - Introduced by Representatives Bies, Zepnick, Ballweg, Berceau, Billings, Czaja, Doyle, Kahl, T. Larson, Ohnstad, A. Ott, Riemer, Ripp and Sinicki, cosponsored by Senators Olsen, Shilling, T. Cullen, Lehman, Risser and Schultz. Referred to Committee on Transportation.

AB388,1,9 An Act to amend 343.30 (1), 343.31 (3) (a), 343.31 (3) (c), 343.31 (3) (f), 343.38 (1) (intro.), 343.38 (3), 345.47 (1) (intro.), 345.60 (1), 346.17 (4), 346.22 (1) (a), (b), (d) and (e), 346.22 (3), 346.65 (3m), 346.65 (3p), 346.65 (3r), 346.95 (1) and (2) and 349.06 (1) (a); and to create 38.04 (4) (e) 7., 115.28 (11) (g), 340.01 (74p), 343.31 (2t) (a) 4. and 5., 343.31 (2v), 343.71 (5) (g), 345.60 (5), 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) and 346.95 (12) of the statutes; relating to: traffic violations resulting in harm to vulnerable highway users, driver education instruction, 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 a moped or motor bicycle; 4) an operator of, or passenger on, an animal-drawn vehicle, farm tractor, farm truck tractor, farm trailer, or implement of husbandry; 5) a person riding upon in-line skates, a horse, or a play vehicle; 6) a law enforcement officer, traffic officer, fire fighter, or emergency medical technician, while performing his or her official duties; or 7) 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, as discussed below, for specific violations, the bill makes the offense a Class B misdemeanor if the violation results in great bodily harm to a vulnerable highway user or a Class A misdemeanor if the violation results in death to a vulnerable highway user. A Class B misdemeanor is punishable by a fine not exceeding $1,000 or imprisonment not exceeding 90 days or both. A Class A misdemeanor is punishable by a fine not exceeding $10,000 or imprisonment not exceeding 9 months or both.

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) offense 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. In addition, if a person is convicted of causing the death of another by OWI, the Department of Transportation (DOT) must in most cases revoke the person's operating privilege for 5 years. 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. In addition, if a person is convicted of causing great bodily harm to another by OWI, DOT must in most cases revoke the person's operating privilege for 2 years. 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, the penalties are doubled for a person who causes injury by OWI to a vulnerable highway user. Also, DOT must in most cases revoke the person's operating privilege for 5 years and 6 months or 2 years and 6 months, respectively, for a person who causes the death of a vulnerable highway user by OWI or great bodily harm to a vulnerable highway user by OWI.

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 DOT must suspend the person's operating privilege for, respectively, 2 months, 3 months or 9 months. Before the person's operating privilege may be reinstated, the person must complete a vehicle right-of-way course approved by DOT.

Under this bill, the penalty for a failure to yield violation is increased to a Class B misdemeanor if the violation results in great bodily harm to a vulnerable highway user and is increased to a Class A misdemeanor if the violation results in death to a vulnerable highway user. In addition to these increased penalties, DOT must suspend the violator's operating privilege for, respectively, six months or one year. As under current law, before the person's operating privilege may be reinstated, the person must complete a vehicle right-of-way course approved by DOT.

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, the penalty for a failure to yield to livestock violation is increased to a Class B misdemeanor if the violation results in great bodily harm to a vulnerable highway user and is increased to a Class A misdemeanor if the violation results in death to a vulnerable highway user. In addition to these increased penalties, DOT must suspend the violator's operating privilege for, respectively, six months or one year. Before the person's operating privilege may be reinstated, the person must complete a safe driver course approved by DOT.

Under current law, the operator of a motor vehicle overtaking a bicycle proceeding in the same direction must exercise due care, leaving a safe distance but at least three feet clearance when passing the bicycle, and must maintain clearance until safely past the overtaken bicycle. 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, the penalty for a passing violation is increased to a Class B misdemeanor if the violation results in great bodily harm to a vulnerable highway user and is increased to a Class A misdemeanor if the violation results in death to a vulnerable highway user. In addition to these increased penalties, DOT must suspend the violator's operating privilege for, respectively, six months or one year. Before the person's operating privilege may be reinstated, the person must complete a safe driver course approved by DOT.

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; and 4) driving a motor vehicle while using a cellular or wireless telephone, if the driver holds a probationary license or instruction permit. Any person who commits form 1) or 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) or 4) 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, the penalty for an inattentive driving violation is increased to a Class B misdemeanor if the violation results in great bodily harm to a vulnerable highway user and is increased to a Class A misdemeanor if the violation results in death to a vulnerable highway user. In addition to these increased penalties, DOT must suspend the violator's operating privilege for, respectively, six months or one year. Before the person's operating privilege may be reinstated, the person must complete a safe driver course approved by DOT.

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.

Current law allows a court to order a person who is convicted of a traffic violation to attend traffic safety school. However, as discussed above, for a vehicle failure-to-yield violation, DOT, rather than a court, must order the violator to attend a vehicle right-of-way course.

Current law prohibits a person from causing bodily harm, great bodily harm, or death to another by the negligent operation of a vehicle (reckless driving). A person who commits a reckless driving violation that causes great bodily harm or death must have his or her operating privilege revoked by DOT for one year.

Under this bill, if a person is convicted of a reckless driving violation that causes great bodily harm or death, or of causing the death of another or great bodily harm or injury to another by OWI, DOT must order the person to attend a safe driver course approved by DOT and the person must successfully complete the course before DOT may reinstate the person's operating privilege. This course is required in addition to any other penalty imposed for the violation.

Under current law, the Department of Public Instruction (DPI) must approve driver education courses offered by school districts, county children with disabilities education boards, and technical college districts. DPI must also establish minimum standards for driver education courses offered by private driver schools. DPI may not approve a driver education course or establish driver education course standards unless the course or standards include certain content, such as acquainting students with the hazards posed by farm machinery and animals on highways and by railroad grade crossings and providing instruction in safely dealing with these hazards.

Under current law, the Technical College System Board (TCSB) must approve courses of study for each program offered in technical college district schools, including driver education courses. TCSB may not approve a driver education course unless the course includes certain content, such as acquainting students with the hazards posed by farm machinery and animals on highways and by railroad grade crossings and providing instruction in safely dealing with these hazards. DOT licenses private driver schools and DOT may not license a driver school unless its course of instruction includes the content required for TCSB approval of a driver education course.

Under this bill, all approved driver education courses must acquaint each student with the hazards posed by motor vehicles to vulnerable highway users and provide at least 30 minutes of instruction in safely dealing with these hazards.

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:

AB388,1 Section 1. 38.04 (4) (e) 7. of the statutes is created to read:

AB388,5,4 38.04 (4) (e) 7. 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.

AB388,2 Section 2. 115.28 (11) (g) of the statutes is created to read:

AB388,5,8 115.28 (11) (g) Acquaint each student with the hazards posed by motor vehicles to vulnerable highway users, as defined in s. 340.01 (74p), and provide at least 30 minutes of instruction in safely dealing with these hazards.

AB388,3 Section 3. 340.01 (74p) of the statutes is created to read:

AB388,5,10 340.01 (74p) "Vulnerable highway user" means any of the following:

AB388,5,11 (a) A pedestrian.

AB388,5,12 (b) A bicyclist.

AB388,5,13 (c) An operator of a moped or motor bicycle.

AB388,6,2 (d) An operator of, or passenger on, an animal-drawn vehicle, farm tractor, farm truck tractor, farm trailer, or implement of husbandry.

AB388,6,3 (e) A person riding upon in-line skates, a horse, or a play vehicle.

AB388,6,5 (f) A law enforcement officer, traffic officer, fire fighter, or emergency medical technician, while performing his or her official duties.

AB388,6,7 (g) A person who is rendering medical or emergency assistance to another person.

AB388,4 Section 4. 343.30 (1) of the statutes is amended to read:

AB388,6,14 343.30 (1) A court may suspend a person's operating privilege for any period not exceeding one year upon such person's conviction in such court of violating any of the state traffic laws or any local ordinance enacted under ch. 349, other than a violation of s. 346.075, 346.18, 346.21, or 346.89, or a local ordinance in conformity with s. 346.075, 346.18, 346.21, or 346.89, for which operating privilege suspension is required under s. 343.31 (2t) (a) or (2v) (b).

AB388,5 Section 5. 343.31 (2t) (a) 4. and 5. of the statutes are created to read:

AB388,6,18 343.31 (2t) (a) 4. Notwithstanding subds. 1. to 3., for a period of 6 months, if the offense resulted in great bodily harm to a vulnerable highway user but did not result in death to a vulnerable highway user.

AB388,6,20 5. Notwithstanding subds. 1. to 3., for a period of one year, if the offense resulted in death to a vulnerable highway user.

AB388,6 Section 6. 343.31 (2v) of the statutes is created to read:

AB388,6,22 343.31 (2v) (a) In this subsection:

AB388,6,23 1. "Great bodily harm" has the meaning given in s. 939.22 (14).

AB388,6,25 2. "Offense" means a violation of s. 346.075, 346.21, or 346.89, or a local ordinance in conformity with s. 346.075, 346.21, or 346.89.

AB388,7,3 (b) The department shall suspend a person's operating privilege upon receiving a record of conviction for an offense resulting in great bodily harm or death to a vulnerable highway user, as follows:

AB388,7,5 1. For a period of 6 months, if the offense resulted in great bodily harm to a vulnerable highway user but did not result in death to a vulnerable highway user.

AB388,7,7 2. For a period of one year, if the offense resulted in death to a vulnerable highway user.

AB388,7,21 (c) If a person is convicted of an offense resulting in great bodily harm or death 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 requirements and restrictions for drivers under ss. 346.075, 346.21, and 346.89. 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 suspended under par. (b), the department may not reinstate the person's operating privilege unless the person has successfully completed the course required under this paragraph.

AB388,7 Section 7. 343.31 (3) (a) of the statutes is amended to read:

AB388,7,25 343.31 (3) (a) Except as otherwise provided in this subsection or sub. (2m), (2s), (2t), (2v), or (2x), all revocations or suspensions under this section shall be for a period of one year.

AB388,8 Section 8. 343.31 (3) (c) of the statutes is amended to read:

AB388,8,9 343.31 (3) (c) Any person convicted under s. 940.09 of causing the death of another or of an unborn child by the operation or handling of a motor vehicle shall have his or her operating privilege revoked for 5 years. If there was a minor passenger under 16 years of age or an unborn child, as defined in s. 939.75 (1), in the motor vehicle at the time of the violation that gave rise to the conviction under s. 940.09, the revocation period is 10 years. If the person convicted under s. 940.09 caused the death of a vulnerable highway user, the revocation period is 5 years and 6 months.

AB388,9 Section 9. 343.31 (3) (f) of the statutes is amended to read:

AB388,8,16 343.31 (3) (f) Any person convicted under s. 940.25 shall have his or her operating privilege revoked for 2 years. If there was a minor passenger under 16 years of age or an unborn child, as defined in s. 939.75 (1), in the motor vehicle at the time of the violation that gave rise to the conviction under s. 940.25, the revocation period is 4 years. If the person convicted under s. 940.25 caused great bodily harm to a vulnerable highway user, the revocation period is 2 years and 6 months.

AB388,10 Section 10. 343.38 (1) (intro.) of the statutes is amended to read:

AB388,8,21 343.38 (1) Reinstatement after revocation. (intro.) Except as provided in ss. 343.10, 343.39, and 351.07, and subject to s. 345.60 (5), the department shall not reinstate the operating privilege of a person whose operating privilege has been duly revoked unless the period of revocation has expired and the person:

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: