LRB-2485/1
EVM/ARG/EHS/CMH:klm&emw
2017 - 2018 LEGISLATURE
March 21, 2018 - Introduced by Representatives Crowley, C. Taylor, Fields,
Anderson, Vruwink, Zepnick, Zamarripa, Bowen, Sargent, Subeck and
Spreitzer, cosponsored by Senators Johnson, Miller and Risser. Referred to
Committee on Criminal Justice and Public Safety.
AB1034,2,2
1An Act to repeal 118.163 (1) (c), 118.163 (2) (a), 118.163 (2m), 125.07 (4) (cm),
2125.085 (3) (bp), 343.23 (3) (a), 343.24 (3), 343.28 (3), 343.30 (1z), 343.30 (6),
3343.32 (1m), 343.345, 346.655 (4), 346.657 (3), 346.93 (2f), 346.93 (2g) (a) and
4(b), 767.73, 800.095 (1) (a), 938.342 (1g) (a), 938.342 (2) and 938.364;
to
5renumber 343.23 (3) (b) and 938.344 (2e) (a) 1., 2. and 3.;
to renumber and
6amend 346.93 (2g) (intro.); and
to amend 85.103 (6), 118.163 (3), 125.07 (4)
7(bs) 1. to 4., 125.07 (4) (c) 1. to 4., 125.07 (4) (e) 2. (intro.), 125.07 (4) (e) 4.,
8125.085 (3) (bd), 343.085 (4), 343.10 (1) (a), 343.10 (5) (b), 343.30 (2d), 343.30
9(5), 343.31 (2s), 343.32 (3), 800.09 (3) (a), 800.09 (3) (b) (intro.), 800.095 (3),
10938.17 (2) (g), 938.34 (8), 938.34 (8d) (d), 938.34 (14r) (a), 938.343 (2), 938.344
11(2) (a), 938.344 (2) (b), 938.344 (2) (c), 938.344 (2b) (a), 938.344 (2b) (b), 938.344
12(2b) (c), 938.344 (2d) (a), 938.344 (2d) (b), 938.344 (2d) (c), 938.344 (2e) (a)
13(intro.), 938.355 (6) (d) 2., 938.355 (6m) (a) 1m., 938.355 (6m) (ag), 943.21 (3m)
1(a) 2., (b), (c) and (d) and 961.50 (1) (intro.) of the statutes;
relating to:
2suspensions of operator's licenses for certain nontraffic offenses.
Analysis by the Legislative Reference Bureau
This bill limits the reasons for which a person's motor vehicle operating
privilege may be suspended.
Under current law, a circuit court may suspend a person's operating privilege
upon conviction of certain offenses, including traffic violations, operating a motor
vehicle without a license, operating a motor vehicle while intoxicated, and certain
sexual assault offenses. A circuit court may also suspend a person's operating
privilege if the person fails to pay certain court surcharges. Also under current law,
the Department of Transportation must suspend a person's operating privilege if the
person is delinquent in making certain child or family support payments.
This bill eliminates a circuit court's authority to suspend a person's operating
privilege upon conviction of an offense that is not related to the operation of a motor
vehicle and for failure to pay a court surcharge. This bill also eliminates DOT's
authority to suspend a person's operating privilege for failure to make certain child
or family support payments.
Under current law, if a person intentionally absconds without paying for gas,
the court may suspend the person's operating privilege for a second offense and must
suspend the person's operating privilege for a third or subsequent offense. In
addition, current law allows a court to suspend a person's operating privilege if the
person is convicted of a violation of the Uniform Controlled Substances Act. Under
this bill, the suspension of the person's operating privilege applies only if the
pertinent offenses involved or occurred in a vehicle.
Under current law, with exceptions, a person under the age of 21 may not
procure or attempt to procure alcohol beverages; possess or consume alcohol
beverages; be on alcohol beverage licensed premises; or use or maintain false
identification that shows the person as being of legal drinking age (underage
violation). A person who commits an underage violation is subject to various
penalties, including suspension of the person's operating privilege. This bill
eliminates the suspension of a person's operating privilege as a penalty for an
underage violation.
Under current law, if a court assigned jurisdiction under the Juvenile Justice
Code (juvenile court) adjudges a juvenile delinquent, the juvenile court must issue
an order imposing one or more dispositions. This bill eliminates suspension of a
juvenile's operating privilege as a penalty for the following actions:
1. Violating a condition of a dispositional order.
2. Violating the Uniform Controlled Substances Act, unless the violation
involved a motor vehicle.
3. Possession, manufacture, or delivery of drug paraphernalia, unless the
violation involved a motor vehicle.
Additionally, the bill limits a suspension of a juvenile's operating privileges for
failure to pay a forfeiture to a period of one year.
Finally, the bill eliminates the ability of a county, city, village, or town to
authorize, by ordinance, a court to suspend the operating privilege of a juvenile who
is a dropout between the ages of 16 and 18 or who is a habitual truant.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1034,1
1Section
1. 85.103 (6) of the statutes is amended to read:
AB1034,3,52
85.103
(6) The department may disclose the personal identifier of any person
3who has made a designation under sub. (2) or (3) if the department discloses the
4personal identifier under s. 341.17 (9), 342.06, 343.027, 343.14, 343.234, 343.235,
5343.24
(3) and (4), or 343.247.
AB1034,2
6Section
2. 118.163 (1) (c) of the statutes is repealed.
AB1034,3
7Section
3. 118.163 (2) (a) of the statutes is repealed.
AB1034,4
8Section
4. 118.163 (2m) of the statutes is repealed.
AB1034,5
9Section
5. 118.163 (3) of the statutes is amended to read:
AB1034,3,1310
118.163
(3) An ordinance enacted by a county under sub. (1m)
, or (2)
or (2m) 11is applicable and may be enforced in that part of any city or village located in the
12county and in any town located in the county regardless of whether the city, village
13or town has enacted an ordinance under sub. (1m)
,
or (2)
or (2m).
AB1034,6
14Section
6. 125.07 (4) (bs) 1. to 4. of the statutes are amended to read:
AB1034,3,1815
125.07
(4) (bs) 1. For a first violation, a forfeiture of not less than $250 nor more
16than $500
, suspension of the person's operating privilege as provided under s. 343.30
17(6) (b) 1., or participation in a supervised work program or other community service
18work under par. (cg) or
any combination both of these penalties.
AB1034,4,7
12. For a violation committed within 12 months of one previous violation,
either 2a forfeiture of not less than $300 nor more than $500
, or participation in a supervised
3work program or other community service work under par. (cg) or
any combination 4both of these penalties.
In addition, the person's operating privilege may be
5suspended as provided under s. 343.30 (6) (b) 2., except that if the violation of par.
6(a) involved a motor vehicle the person's operating privilege shall be suspended as
7provided under s. 343.30 (6) (b) 2.
AB1034,4,148
3. For a violation committed within 12 months of 2 previous violations,
either 9a forfeiture of not less than $500 nor more than $750
, or participation in a supervised
10work program or other community service work under par. (cg) or
any combination 11both of these penalties.
In addition, the person's operating privilege may be
12suspended as provided under s. 343.30 (6) (b) 3., except that if the violation of par.
13(a) involved a motor vehicle the person's operating privilege shall be suspended as
14provided under s. 343.30 (6) (b) 3.
AB1034,4,2115
4. For a violation committed within 12 months of 3 or more previous violations,
16either a forfeiture of not less than $750 nor more than $1,000
, or participation in a
17supervised work program or other community service work under par. (cg) or
any
18combination both of these penalties.
In addition, the person's operating privilege
19may be suspended as provided under s. 343.30 (6) (b) 3., except that if the violation
20of par. (a) involved a motor vehicle the person's operating privilege shall be
21suspended as provided under s. 343.30 (6) (b) 3.
AB1034,7
22Section
7. 125.07 (4) (c) 1. to 4. of the statutes are amended to read:
AB1034,5,223
125.07
(4) (c) 1. For a first violation, a forfeiture of not less than $100 nor more
24than $200
, suspension of the person's operating privilege as provided under s. 343.30
1(6) (b) 1., or participation in a supervised work program or other community service
2work under par. (cg) or
any combination both of these penalties.
AB1034,5,93
2. For a violation committed within 12 months of one previous violation,
either 4a forfeiture of not less than $200 nor more than $300
, or participation in a supervised
5work program or other community service work under par. (cg) or
any combination 6both of these penalties.
In addition, the person's operating privilege may be
7suspended as provided under s. 343.30 (6) (b) 2., except that if the violation of par.
8(b) involved a motor vehicle the person's operating privilege shall be suspended as
9provided under s. 343.30 (6) (b) 2.
AB1034,5,1610
3. For a violation committed within 12 months of 2 previous violations,
either 11a forfeiture of not less than $300 nor more than $500
, or participation in a supervised
12work program or other community service work under par. (cg) or
any combination 13both of these penalties.
In addition, the person's operating privilege may be
14suspended as provided under s. 343.30 (6) (b) 3., except that if the violation of par.
15(b) involved a motor vehicle the person's operating privilege shall be suspended as
16provided under s. 343.30 (6) (b) 3.
AB1034,5,2317
4. For a violation committed within 12 months of 3 or more previous violations,
18either a forfeiture of not less than $500 nor more than $1,000
, or participation in a
19supervised work program or other community service work under par. (cg) or
any
20combination both of these penalties.
In addition, the person's operating privilege
21may be suspended as provided under s. 343.30 (6) (b) 3., except that if the violation
22of par. (b) involved a motor vehicle the person's operating privilege shall be
23suspended as provided under s. 343.30 (6) (b) 3.
AB1034,8
24Section
8. 125.07 (4) (cm) of the statutes is repealed.
AB1034,9
25Section
9. 125.07 (4) (e) 2. (intro.) of the statutes is amended to read:
AB1034,6,6
1125.07
(4) (e) 2. (intro.) After ordering a penalty under par. (bs) or (c), the court,
2with the agreement of the defendant, may enter an additional order staying the
3execution of the penalty order and suspending or modifying the penalty imposed
,
4except that the court may not stay, suspend or modify the suspension of a person's
5operating privilege required under par. (bs) or (c). The order under this subdivision
6shall require the defendant to do any of the following:
AB1034,10
7Section
10. 125.07 (4) (e) 4. of the statutes is amended to read:
AB1034,6,188
125.07
(4) (e) 4. If the defendant completes the alcohol abuse treatment
9program or court-approved alcohol abuse education program, the approved
10treatment facility or court-approved alcohol abuse education program shall, with
11the written informed consent of the defendant, notify the agency primarily
12responsible for providing services to the defendant that the defendant has complied
13with the order and the court shall notify the defendant of whether or not the penalty
14will be reinstated.
If the court had ordered the suspension of the defendant's
15operating privilege under par. (bs) or (c), the court may order the secretary of
16transportation to reinstate the operating privilege of the defendant if he or she
17completes the alcohol abuse treatment program or court-approved alcohol abuse
18education program.
AB1034,11
19Section
11. 125.085 (3) (bd) of the statutes is amended to read:
AB1034,6,2420
125.085
(3) (bd) Any underage person who violates par. (b) is subject to a
21forfeiture of not less than $300 nor more than $1,250
, suspension of the person's
22operating privilege under s. 343.30 (6) (bm), or participation in a supervised work
23program or other community service work under par. (bh) or
any combination both 24of these penalties.
AB1034,12
25Section
12. 125.085 (3) (bp) of the statutes is repealed.
AB1034,13
1Section
13. 343.085 (4) of the statutes is amended to read:
AB1034,7,82
343.085
(4) The secretary may require that a person be continued on
3probationary status beyond the period of first issuance if such person appears by the
4records of the department to have repeatedly violated any of the state traffic laws or
5any local ordinance in conformity therewith or any law of a federally recognized
6American Indian tribe or band in this state in conformity with any of the state traffic
7laws.
A person may not be continued on probationary status due to a suspension
8under s. 343.30 (6).
AB1034,14
9Section
14. 343.10 (1) (a) of the statutes is amended to read:
AB1034,7,1910
343.10
(1) (a) If a person's license or operating privilege is revoked or
11suspended under this chapter or s.
767.73, 938.34 (14q), 943.21 (3m), or 961.50 and
12if the person is engaged in an occupation, including homemaking or full-time or
13part-time study, or a trade making it essential that he or she operate a motor vehicle,
14the person, after payment of the fee provided in sub. (6), may file an application with
15the department setting forth in detail the need for operating a motor vehicle. No
16person may file more than one application with respect to each revocation or
17suspension of the person's license or operating privilege under this chapter or s.
18767.73, 938.34 (14q), 943.21 (3m), or 961.50, except that this limitation does not
19apply to an application to amend an occupational license restriction.
AB1034,15
20Section
15. 343.10 (5) (b) of the statutes is amended to read:
AB1034,7,2321
343.10
(5) (b)
Limitations. Occupational licenses are subject to the limitations
22specified in ss. 343.30 (1q) (b) and (h), 343.305 (8) (d) and (10) (b) and (em), 343.31
23(3m),
343.32 (1m), 767.73 and 961.50.
AB1034,16
24Section
16. 343.23 (3) (a) of the statutes is repealed.
AB1034,17
25Section
17. 343.23 (3) (b) of the statutes is renumbered 343.23 (3).
AB1034,18
1Section
18. 343.24 (3) of the statutes is repealed.
AB1034,19
2Section
19. 343.28 (3) of the statutes is repealed.
AB1034,20
3Section
20. 343.30 (1z) of the statutes is repealed.
AB1034,21
4Section
21. 343.30 (2d) of the statutes is amended to read:
AB1034,8,155
343.30
(2d) A court may suspend a person's operating privilege upon conviction
6of any offense specified under ss. 940.225, 948.02, 948.025, 948.07, or 948.085,
where
7the offense involved the use of a vehicle, if the court finds that it is inimical to the
8public safety and welfare for the offender to have operating privileges. The
9suspension shall be for one year or until discharge from prison or jail sentence or
10probation, extended supervision or parole with respect to the offenses specified,
11whichever date is later. Receipt of a certificate of discharge from the department of
12corrections or other responsible supervising agency, after one year has elapsed since
13the suspension, entitles the holder to reinstatement of operating privileges. The
14holder may be required to present the certificate to the secretary if the secretary
15deems necessary.
AB1034,22
16Section
22. 343.30 (5) of the statutes is amended to read:
AB1034,9,217
343.30
(5) No court may suspend or revoke an operating privilege except as
18authorized by this chapter or ch. 345, 351, or 938 or s.
767.73, 800.095 (1) (a), 943.21
19(3m)
, or 961.50. When a court revokes, suspends, or restricts a juvenile's operating
20privilege under ch. 938, the department of transportation shall not disclose
21information concerning or relating to the revocation, suspension, or restriction to any
22person other than a court, district attorney, county corporation counsel, city, village,
23or town attorney, law enforcement agency, driver licensing agency of another
24jurisdiction, or the minor whose operating privilege is revoked, suspended, or
1restricted, or his or her parent or guardian. Persons entitled to receive this
2information shall not disclose the information to other persons or agencies.
AB1034,23
3Section
23. 343.30 (6) of the statutes is repealed.
AB1034,24
4Section
24. 343.31 (2s) of the statutes is amended to read:
AB1034,9,125
343.31
(2s) The department may suspend a person's operating privilege for 2
6years upon receiving a record of conviction under s. 973.137
(2), where the offense
7involved the use of a vehicle. If the department receives a record of conviction under
8s. 973.137
(2), where the offense involved the use of a vehicle or a notice of suspension
9under s. 938.34 (14q) for a person whose license or operating privilege is currently
10suspended or revoked or for a person who does not currently possess a valid
11operator's license, the suspension is first effective on the date on which the person
12is first eligible for issuance, renewal, or reinstatement of an operator's license.
AB1034,25
13Section
25. 343.32 (1m) of the statutes is repealed.
AB1034,26
14Section
26. 343.32 (3) of the statutes is amended to read:
AB1034,9,1715
343.32
(3) Except as provided in sub. (1m), a A revocation or suspension under
16this section may be for any period not exceeding one year unless a different period
17is specifically prescribed by law.
AB1034,27
18Section
27. 343.345 of the statutes is repealed.
AB1034,28
19Section
28. 346.655 (4) of the statutes is repealed.