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:
SB307,1
1Section
1. 38.04 (4) (e) 7. of the statutes is created to read:
SB307,5,42
38.04
(4) (e) 7. Acquaints each student with the hazards posed by motor
3vehicles to vulnerable highway users, as defined in s. 340.01 (74p), and provides at
4least 30 minutes of instruction in safely dealing with these hazards.
SB307,2
5Section
2. 115.28 (11) (g) of the statutes is created to read:
SB307,5,86
115.28
(11) (g) Acquaint each student with the hazards posed by motor vehicles
7to vulnerable highway users, as defined in s. 340.01 (74p), and provide at least 30
8minutes of instruction in safely dealing with these hazards.
SB307,3
9Section
3. 340.01 (74p) of the statutes is created to read:
SB307,5,1010
340.01
(74p) "Vulnerable highway user" means any of the following:
SB307,5,1111
(a) A pedestrian.
SB307,5,1212
(b) A bicyclist.
SB307,5,1313
(c) An operator of a moped or motor bicycle.
SB307,6,2
1(d) An operator of, or passenger on, an animal-drawn vehicle, farm tractor,
2farm truck tractor, farm trailer, or implement of husbandry.
SB307,6,33
(e) A person riding upon in-line skates, a horse, or a play vehicle.
SB307,6,54
(f) A law enforcement officer, traffic officer, fire fighter, or emergency medical
5technician, while performing his or her official duties.
SB307,6,76
(g) A person who is rendering medical or emergency assistance to another
7person.
SB307,4
8Section
4. 343.30 (1) of the statutes is amended to read:
SB307,6,149
343.30
(1) A court may suspend a person's operating privilege for any period
10not exceeding one year upon such person's conviction in such court of violating any
11of the state traffic laws or any local ordinance enacted under ch. 349, other than a
12violation of s.
346.075, 346.18
, 346.21, or 346.89, or a local ordinance in conformity
13with s.
346.075, 346.18
, 346.21, or 346.89, for which operating privilege suspension
14is required under s. 343.31 (2t) (a)
or (2v) (b).
SB307,5
15Section
5. 343.31 (2t) (a) 4. and 5. of the statutes are created to read:
SB307,6,1816
343.31
(2t) (a) 4. Notwithstanding subds. 1. to 3., for a period of 6 months, if
17the offense resulted in great bodily harm to a vulnerable highway user but did not
18result in death to a vulnerable highway user.
SB307,6,2019
5. Notwithstanding subds. 1. to 3., for a period of one year, if the offense resulted
20in death to a vulnerable highway user.
SB307,6
21Section
6. 343.31 (2v) of the statutes is created to read:
SB307,6,2222
343.31
(2v) (a) In this subsection:
SB307,6,2323
1. "Great bodily harm" has the meaning given in s. 939.22 (14).
SB307,6,2524
2. "Offense" means a violation of s. 346.075, 346.21, or 346.89, or a local
25ordinance in conformity with s. 346.075, 346.21, or 346.89.
SB307,7,3
1(b) The department shall suspend a person's operating privilege upon receiving
2a record of conviction for an offense resulting in great bodily harm or death to a
3vulnerable highway user, as follows:
SB307,7,54
1. For a period of 6 months, if the offense resulted in great bodily harm to a
5vulnerable highway user but did not result in death to a vulnerable highway user.
SB307,7,76
2. For a period of one year, if the offense resulted in death to a vulnerable
7highway user.
SB307,7,218
(c) If a person is convicted of an offense resulting in great bodily harm or death
9to a vulnerable highway user, in addition to any other penalty provided by law, the
10department shall order the person to attend a safe driver course whose mode of
11instruction is approved by the secretary and which is conducted by any regularly
12established safety organization, by the provider of driver education courses approved
13under s. 38.04 (4) or 115.28 (11), by a driver school licensed under s. 343.61, or by a
14law enforcement agency. The course of instruction shall include skills and habits
15promoting safe driving and shall acquaint the person with requirements and
16restrictions for drivers under ss. 346.075, 346.21, and 346.89. If the course is
17conducted by the provider of approved driver education courses or a driver school, the
18provider or driver school shall issue to the person a certificate upon successful
19completion of the course. If a person's operating privilege has been suspended under
20par. (b), the department may not reinstate the person's operating privilege unless the
21person has successfully completed the course required under this paragraph.
SB307,7
22Section
7. 343.31 (3) (a) of the statutes is amended to read:
SB307,7,2523
343.31
(3) (a) Except as otherwise provided in this subsection or sub. (2m), (2s),
24(2t),
(2v), or (2x), all revocations or suspensions under this section shall be for a
25period of one year.
SB307,8
1Section
8. 343.31 (3) (c) of the statutes is amended to read:
SB307,8,92
343.31
(3) (c) Any person convicted under s. 940.09 of causing the death of
3another or of an unborn child by the operation or handling of a motor vehicle shall
4have his or her operating privilege revoked for 5 years. If there was a minor
5passenger under 16 years of age or an unborn child, as defined in s. 939.75 (1), in the
6motor vehicle at the time of the violation that gave rise to the conviction under s.
7940.09, the revocation period is 10 years.
If the person convicted under s. 940.09
8caused the death of a vulnerable highway user, the revocation period is 5 years and
96 months.
SB307,9
10Section
9. 343.31 (3) (f) of the statutes is amended to read:
SB307,8,1611
343.31
(3) (f) Any person convicted under s. 940.25 shall have his or her
12operating privilege revoked for 2 years. If there was a minor passenger under 16
13years of age or an unborn child, as defined in s. 939.75 (1), in the motor vehicle at the
14time of the violation that gave rise to the conviction under s. 940.25, the revocation
15period is 4 years.
If the person convicted under s. 940.25 caused great bodily harm
16to a vulnerable highway user, the revocation period is 2 years and 6 months.
SB307,10
17Section
10. 343.38 (1) (intro.) of the statutes is amended to read:
SB307,8,2118
343.38
(1) Reinstatement after revocation. (intro.) Except as provided in ss.
19343.10, 343.39, and 351.07,
and subject to s. 345.60 (5), the department shall not
20reinstate the operating privilege of a person whose operating privilege has been duly
21revoked unless the period of revocation has expired and the person:
SB307,11
22Section
11. 343.38 (3) of the statutes is amended to read:
SB307,9,623
343.38
(3) Reinstatement after suspension. Except as provided in sub. (2) and
24s. 343.10, the department shall not reinstate the operating privilege of a person
25whose operating privilege has been duly suspended while the suspension remains in
1effect. Subject to s. 343.31 (2t) (b)
and (2v) (c), upon the expiration of the period of
2suspension, the person's operating privilege is reinstated upon receipt by the
3department of the fees specified in s. 343.21 (1) (j) and (n) and, for reinstatement of
4an operating privilege suspended under ch. 344, the filing with the department of
5proof of financial responsibility, if required, in the amount, form, and manner
6specified under ch. 344.
SB307,12
7Section
12. 343.71 (5) (g) of the statutes is created to read:
SB307,9,108
343.71
(5) (g) Acquaints each student with the hazards posed by motor vehicles
9to vulnerable highway users, as defined in s. 340.01 (74p), and provides at least 30
10minutes of instruction in safely dealing with these hazards.
SB307,13
11Section
13. 345.47 (1) (intro.) of the statutes is amended to read:
SB307,9,2512
345.47
(1) (intro.) If the defendant is found guilty, the court may enter
13judgment against the defendant for a monetary amount not to exceed the maximum
14forfeiture provided for the violation, plus costs, fees, and surcharges imposed under
15ch. 814, and, in addition, may suspend or revoke his or her operating privilege under
16s. 343.30.
If the violation is one described in s. 346.17 (6) (b) or (c), 346.22 (5) (b) or
17(c), or 346.95 (12) (b) or (c), or if the forfeiture for the violation has been doubled under
18s. 346.17 (6) (a), 346.22 (5) (a), 346.30 (5), 346.36 (3), 346.43 (4), 346.49 (5), 346.56
19(5), 346.60 (6), 346.74 (7), 346.82 (3), 346.95 (12) (a), or 349.06 (1) (a), the court may
20also order the defendant to perform community service work. Upon entering
21judgment, the court shall notify the defendant personally, if the defendant is present,
22and in writing that the defendant should notify the court if he or she is unable to pay
23the judgment because of poverty, as that term is used in s. 814.29 (1) (d). If the
24defendant is present and the court, using the criteria in s. 814.29 (1) (d), determines
25that the defendant is unable to pay the judgment because of poverty, the court shall
1provide the defendant with an opportunity to pay the judgment in installments,
2taking into account the defendant's income. If the judgment is not paid or if the
3defendant fails to make any ordered installment payment, the court shall order:
SB307,14
4Section
14. 345.60 (1) of the statutes is amended to read:
SB307,10,145
345.60
(1) Except as provided in
sub.
subs. (3)
and (5) and s. 343.31 (2t) (b), in
6addition to or in lieu of other penalties provided by law for violation of chs. 346 to 348,
7the trial court may in its judgment of conviction order the convicted person to attend,
8for a certain number of school days, a traffic safety school whose course and mode of
9instruction is approved by the secretary and which is conducted by the police
10department of the municipality, by the sheriff's office of the county, or by any
11regularly established safety organization. The trial court may not order a person to
12attend a traffic safety school under this subsection if the department is required to
13order that the person attend a vehicle right-of-way course under s. 343.31 (2t) (b)
14or a safe driver course under sub. (5) or s. 343.31 (2v) (c).
SB307,15
15Section
15. 345.60 (5) of the statutes is created to read:
SB307,11,616
345.60
(5) If a person is convicted of a violation of s. 346.62 (4), 940.10, or
17940.25, or of s. 940.06 or 940.09 if the offense resulted from the operation of a motor
18vehicle, resulting in great bodily harm or death to a vulnerable highway user, or
19346.65 (2) or (6) resulting in injury to a vulnerable highway user, in addition to any
20other penalty provided by law, the department shall order the person to attend a safe
21driver course whose mode of instruction is approved by the secretary and which is
22conducted by any regularly established safety organization, by the provider of driver
23education courses approved under s. 38.04 (4) or 115.28 (11), by a driver school
24licensed under s. 343.61, or by a law enforcement agency. The course of instruction
25shall include skills and habits promoting safe driving and shall acquaint the person
1with the hazards of reckless driving. If the course is conducted by the provider of
2approved driver education courses or a driver school, the provider or driver school
3shall issue to the person a certificate upon successful completion of the course. If a
4person's operating privilege has been revoked under s. 343.31 (1) (a), the department
5may not reinstate the person's operating privilege unless the person has successfully
6completed the course required under this subsection.
SB307,16
7Section
16. 346.17 (4) of the statutes is amended to read:
SB307,11,118
346.17
(4) Any Except as provided in sub. (6), any person violating s. 346.075
9may be required to forfeit not less than $25 nor more than $200 for the first offense
10and not less than $50 nor more than $500 for the 2nd or subsequent violation within
114 years.
SB307,17
12Section
17. 346.17 (6) of the statutes is created to read:
SB307,11,1413
346.17
(6) (a) 1. In this paragraph, "harm" means bodily harm, as defined in
14s. 939.22 (4), great bodily harm, as defined in s. 939.22 (14), or death.
SB307,11,1915
2. Except as provided in pars. (b) and (c), if any violation under ss. 346.04 to
16346.16 results in harm to a vulnerable highway user, the amount of any forfeiture
17or fine specified in subs. (1) to (4) or s. 939.50 for the violation shall be doubled. If
18sub. (5) applies with respect to the violation, the doubling of the forfeiture under this
19subsection shall apply in addition to any doubling under sub. (5).
SB307,11,2220
(b) If any violation under s. 346.075 results in great bodily harm, as defined in
21s. 939.22 (14), to a vulnerable highway user, the person who commits the violation
22is guilty of a Class B misdemeanor as specified in s. 939.51 (3) (b).
SB307,11,2523
(c) If any violation under s. 346.075 results in death to a vulnerable highway
24user, the person who commits the violation is guilty of a Class A misdemeanor as
25specified in s. 939.51 (3) (a).
SB307,18
1Section
18. 346.22 (1) (a), (b), (d) and (e) of the statutes are amended to read:
SB307,12,52
346.22
(1) (a) Except as provided in par. (b), (c), (d), or (e)
or sub. (5), any person
3violating s. 346.18, 346.20 (1), or 346.215 (2) (b) or (3) may be required to forfeit not
4less than $20 nor more than $50 for the first offense and not less than $50 nor more
5than $100 for the 2nd or subsequent conviction within a year.
SB307,12,106
(b) If an operator of a vehicle violates s. 346.18 (6) where persons engaged in
7work in a highway maintenance or construction area or in a utility work area are at
8risk from traffic, any applicable minimum and maximum forfeiture
or fine specified
9in par. (a), (c), (d), or (e)
or sub. (5) (c) and s. 939.51 (3) for the violation shall be
10doubled.
SB307,12,1311
(d)
If Except as provided in sub. (5) (b), if a person violates s. 346.18 and the
12violation results in great bodily harm, as defined in s. 939.22 (14), to another, the
13person shall forfeit $500.
SB307,12,1514
(e)
If Except as provided in sub. (5) (c), if a person violates s. 346.18 and the
15violation results in death to another, the person shall forfeit $1,000.
SB307,19
16Section
19. 346.22 (3) of the statutes is amended to read:
SB307,12,2017
346.22
(3) Any Except as provided in sub. (5), any person violating s. 346.20
18(2), (3) or (4) (b) or (c) or 346.21 may be required to forfeit not less than $10 nor more
19than $20 for the first offense and not less than $25 nor more than $50 for the 2nd or
20subsequent conviction within a year.
SB307,20
21Section
20. 346.22 (5) of the statutes is created to read:
SB307,12,2322
346.22
(5) (a) 1. In this paragraph, "harm" means bodily harm, as defined in
23s. 939.22 (4), great bodily harm, as defined in s. 939.22 (14), or death.
SB307,13,324
2. Except as provided in pars. (b) and (c), if any violation under s. 346.19,
25346.20, 346.21, or 346.215 results in harm to a vulnerable highway user, the amount
1of any forfeiture specified in subs. (1) to (3) for the violation shall be doubled. If sub.
2(1) (b) applies with respect to the violation, the doubling of the forfeiture under this
3subsection shall apply in addition to any doubling under sub. (1) (b).
SB307,13,64
(b) If any violation under s. 346.18 or 346.21 results in great bodily harm, as
5defined in s. 939.22 (14), to a vulnerable highway user, the person who commits the
6violation is guilty of a Class B misdemeanor as specified in s. 939.51 (3) (b).
SB307,13,97
(c) If any violation under s. 346.18 or 346.21 results in death to a vulnerable
8highway user, the person who commits the violation is guilty of a Class A
9misdemeanor as specified in s. 939.51 (3) (a).
SB307,21
10Section
21. 346.30 (5) of the statutes is created to read:
SB307,13,1211
346.30
(5) (a) In this subsection, "harm" means bodily harm, as defined in s.
12939.22 (4), great bodily harm, as defined in s. 939.22 (14), or death.
SB307,13,1513
(b) If any violation under ss. 346.23 to 346.29 results in harm to a vulnerable
14highway user, the amount of any forfeiture specified in subs. (1) to (4) for the violation
15shall be doubled.
SB307,22
16Section
22. 346.36 (3) of the statutes is created to read:
SB307,13,1817
346.36
(3) (a) In this subsection, "harm" means bodily harm, as defined in s.
18939.22 (4), great bodily harm, as defined in s. 939.22 (14), or death.
SB307,13,2119
(b) If any violation under ss. 346.31 to 346.35 results in harm to a vulnerable
20highway user, the amount of any forfeiture specified in subs. (1) and (2) for the
21violation shall be doubled.
SB307,23
22Section
23. 346.43 (4) of the statutes is created to read:
SB307,13,2423
346.43
(4) (a) In this subsection, "harm" means bodily harm, as defined in s.
24939.22 (4), great bodily harm, as defined in s. 939.22 (14), or death.
SB307,14,5
1(b) If any violation under ss. 346.37 to 346.42 results in harm to a vulnerable
2highway user, the amount of any forfeiture specified in subs. (1) to (3) for the violation
3shall be doubled. If sub. (1) (b) 3. applies with respect to the violation, the doubling
4of the forfeiture under this subsection shall apply in addition to any doubling under
5sub. (1) (b) 3.
SB307,24
6Section
24. 346.49 (5) of the statutes is created to read:
SB307,14,87
346.49
(5) (a) In this subsection, "harm" means bodily harm, as defined in s.
8939.22 (4), great bodily harm, as defined in s. 939.22 (14), or death.
SB307,14,139
(b) If any violation under s. 346.44, 346.45, 346.455, 346.46, or 346.47 to 346.48
10results in harm to a vulnerable highway user, the amount of any forfeiture specified
11in subs. (1), (1g), (2), (2m), and (4) for the violation shall be doubled. If sub. (1) (c)
12applies with respect to the violation, the doubling of the forfeiture under this
13subsection shall apply in addition to any doubling under sub. (1) (c).
SB307,25
14Section
25. 346.56 (5) of the statutes is created to read:
SB307,14,1615
346.56
(5) (a) In this subsection, "harm" means bodily harm, as defined in s.
16939.22 (4), great bodily harm, as defined in s. 939.22 (14), or death.
SB307,14,1917
(b) If any violation under ss. 346.503 to 346.55 results in harm to a vulnerable
18highway user, the amount of any forfeiture specified in subs. (1) to (4) for the violation
19shall be doubled.
SB307,26
20Section
26. 346.60 (6) of the statutes is created to read:
SB307,14,2221
346.60
(6) (a) In this subsection, "harm" means bodily harm, as defined in s.
22939.22 (4), great bodily harm, as defined in s. 939.22 (14), or death.
SB307,15,223
(b) If any violation under ss. 346.57 to 346.595 results in harm to a vulnerable
24highway user, the amount of any forfeiture specified in subs. (1) to (5) for the violation
25shall be doubled. If sub. (3m) applies with respect to the violation, the doubling of
1the forfeiture under this subsection shall apply in addition to any doubling or other
2penalty enhancement under sub. (3m).
SB307,27
3Section
27. 346.65 (3m) of the statutes is amended to read: