LRB-3731/1
ARG:jld:rs
2013 - 2014 LEGISLATURE
March 10, 2014 - Introduced by Senators Schultz and Lassa, cosponsored by
Representatives Jacque, Bies, Berceau, Kahl, Murphy and Nass. Referred to
Committee on Judiciary and Labor.
SB665,1,3
1An Act to renumber and amend 346.49 (2); and
to create 346.49 (2) (b), (c) and
2(d) of the statutes;
relating to: the penalty for failing to stop for a school bus
3displaying flashing red warning lights and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law requires motorists who approach a school bus that is stopped and
displaying flashing red lights to stop their approaching vehicles not less than 20 feet
from the bus and to remain stopped until the bus resumes motion or the bus driver
extinguishes the flashing red lights, unless the school bus is on the opposite side of
a divided highway. With certain exceptions, the operator of a school bus must
activate the flashing red lights at least 100 feet before stopping to load or unload
pupils or other passengers and may not extinguish these lights until loading or
unloading is completed and anyone who must cross the highway is safely across. A
motorist who violates the requirement to stop for a school bus displaying flashing red
lights may be required to forfeit not less than $30 nor more than $300.
This bill creates a penalty enhancement for failure to stop for a school bus
displaying flashing red lights if the failure to stop results in bodily harm, great bodily
harm, or death to another. Under the bill, the penalty is as follows: 1) if the failure
to stop results in bodily harm, the violation is a Class I felony, punishable by a fine
not exceeding $10,000 or imprisonment not exceeding three and one-half years or
both; 2) if the failure to stop results in great bodily harm, the violation is a Class H
felony, punishable by a fine not exceeding $10,000 or imprisonment not exceeding six
years or both; or 3) if the failure to stop results in death, the violation is a Class G
felony, punishable by a fine not exceeding $25,000 or imprisonment not exceeding ten
years or both.
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.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB665,1
1Section
1. 346.49 (2) of the statutes is renumbered 346.49 (2) (a) and amended
2to read:
SB665,2,43
346.49
(2) (a)
Any Except as provided in par. (b), (c), or (d), any person violating
4s. 346.455 or 346.48 may be required to forfeit not less than $30 nor more than $300.
SB665,2
5Section
2. 346.49 (2) (b), (c) and (d) of the statutes are created to read:
SB665,2,76
346.49
(2) (b) If a person violates s. 346.48 (1) and the violation results in bodily
7harm, as defined in s. 939.22 (4), to another, the person is guilty of a Class I felony.
SB665,2,98
(c) If a person violates s. 346.48 (1) and the violation results in great bodily
9harm, as defined in s. 939.22 (14), to another, the person is guilty of a Class H felony.
SB665,2,1110
(d) If a person violates s. 346.48 (1) and the violation results in death to another,
11the person is guilty of a Class G felony.
SB665,3
12Section
3.
Initial applicability.
SB665,2,1413
(1) This act first applies to violations of section 346.48 (1) of the statutes that
14occur on the effective date of this subsection.
