AB795: Bill Text

AB795, s. 155 Section 155. 800.095 (4) (b) 4. of the statutes is amended to read:

AB795,54,16 800.095 (4) (b) 4. That the defendant's operating privilege, as defined in s. 340.01 (40), be suspended until the judgment is complied with, except that the suspension period may not exceed 5 2 years.

AB795, s. 156 Section 156. 938.34 (8) of the statutes, as affected by 1997 Wisconsin Act 35, is amended to read:

AB795,55,12 938.34 (8) Forfeiture. Impose a forfeiture based upon a determination that this disposition is in the best interest of the juvenile and in aid of rehabilitation. The maximum forfeiture that the court may impose under this subsection for a violation by a juvenile is the maximum amount of the fine that may be imposed on an adult for committing that violation or, if the violation is applicable only to a person under 18 years of age, $100. Any such order shall include a finding that the juvenile alone is financially able to pay the forfeiture and shall allow up to 12 months for payment. If the juvenile fails to pay the forfeiture, the court may vacate the forfeiture and order other alternatives under this section, in accordance with the conditions specified in this chapter; or the court may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or suspend the juvenile's operating privilege as defined in s. 340.01 (40) for not less than 30 days nor more than 5 2 years. If the court suspends any license under this subsection, the clerk of the court shall immediately take possession of the suspended license and forward it to the department which issued the license, together with a notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the period of suspension, the suspension shall be reduced to the time period which has already elapsed and the court shall immediately notify the department which shall then return the license to the juvenile.

AB795, s. 157 Section 157. 938.34 (14m) of the statutes is amended to read:

AB795,55,22 938.34 (14m) Violation involving a motor vehicle. Restrict, or suspend or revoke the operating privilege, as defined in s. 340.01 (40), of a juvenile who is adjudicated delinquent under a violation of any law in which a motor vehicle is involved. If the court suspends or revokes a juvenile's operating privilege under this subsection, the court shall immediately take possession of the suspended or revoked license and forward it to the department of transportation together with a notice stating the reason for and duration of the suspension or revocation. If the court limits a juvenile's operating privilege under this subsection, the court shall immediately notify the department of transportation of that limitation.

AB795, s. 158 Section 158. 938.34 (14r) (a) and (c) of the statutes are amended to read:

AB795,56,5 938.34 (14r) (a) In addition to any other dispositions imposed under this section, if the juvenile is found to have violated ch. 961, the court shall suspend or revoke the juvenile's operating privilege, as defined in s. 340.01 (40), for not less than 6 months nor more than 5 years. The court shall immediately take possession of any suspended or revoked license and forward it to the department of transportation together with the notice of suspension or revocation clearly stating that the suspension or revocation is for a violation of ch. 961.

AB795,56,10 (c) If the juvenile's license or operating privilege is currently suspended or revoked or if the juvenile does not currently possess a valid operator's license issued under ch. 343, the suspension or revocation under this subsection is effective on the date on which the juvenile is first eligible and applies for issuance , renewal or reinstatement of an operator's license under ch. 343.

AB795, s. 159 Section 159. 938.343 (2) of the statutes is amended to read:

AB795,56,24 938.343 (2) Impose a forfeiture not to exceed the maximum forfeiture that may be imposed on an adult for committing that violation or, if the violation is only applicable to a person under 18 years of age, $50. Any such order shall include a finding that the juvenile alone is financially able to pay and shall allow up to 12 months for the payment. If a juvenile fails to pay the forfeiture, the court may suspend any license issued under ch. 29 or suspend the juvenile's operating privilege as defined in s. 340.01 (40), for not less than 30 days nor more than 5 2 years. The court shall immediately take possession of the suspended license and forward it to the department which issued the license, together with the notice of suspension clearly stating that the suspension is for failure to pay a forfeiture imposed by the court. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which will thereupon return the license to the person.

AB795, s. 160 Section 160. 938.344 (2) (c) of the statutes is amended to read:

AB795,57,5 938.344 (2) (c) For a violation committed within 12 months of 2 or more previous violations, a forfeiture of not more than $500, revocation suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 3. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g).

AB795, s. 161 Section 161. 938.344 (2b) (c) of the statutes is amended to read:

AB795,57,11 938.344 (2b) (c) For a violation committed within 12 months of 2 or more previous violations, a forfeiture of $500, revocation suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 3. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g).

AB795, s. 162 Section 162. 938.344 (2d) (c) of the statutes is amended to read:

AB795,57,17 938.344 (2d) (c) For a violation committed within 12 months of 2 or more previous violations, a forfeiture of $500, revocation suspension of the juvenile's operating privilege as provided under s. 343.30 (6) (b) 3. or the juvenile's participation in a supervised work program or other community service work under s. 938.34 (5g).

AB795, s. 163 Section 163. 938.344 (2e) (a) (intro.) of the statutes is amended to read:

AB795,57,23 938.344 (2e) (a) (intro.) If a court finds a juvenile committed a violation under s. 961.573 (2), 961.574 (2) or 961.575 (2), or a local ordinance that strictly conforms to one of those statutes, the court shall suspend or revoke the juvenile's operating privilege, as defined in s. 340.01 (40), for not less than 6 months nor more than 5 years and, in addition, shall order one of the following penalties:

AB795, s. 164 Section 164. 938.344 (2e) (b) of the statutes is amended to read:

AB795,58,6 938.344 (2e) (b) Whenever a court suspends or revokes a juvenile's operating privilege under this subsection, the court shall immediately take possession of any suspended or revoked license and forward it to the department of transportation, together with the notice of suspension or revocation clearly stating that the suspension or revocation is for a violation under s. 961.573 (2), 961.574 (2) or 961.575 (2), or a local ordinance that strictly conforms to one of those statutes.

AB795, s. 165 Section 165. 938.344 (2e) (c) of the statutes is amended to read:

AB795,58,12 938.344 (2e) (c) If the juvenile's license or operating privilege is currently suspended or revoked or the juvenile does not currently possess a valid operator's license issued under ch. 343, the suspension or revocation under this subsection is effective on the date on which the juvenile is first eligible and applies for issuance, renewal or reinstatement of an operator's license under ch. 343.

AB795, s. 166 Section 166. 961.50 (1) (intro.) of the statutes is amended to read:

AB795,58,21 961.50 (1) (intro.) If a person is convicted of any violation of this chapter, the court shall, in addition to any other penalties that may apply to the crime, suspend or revoke the person's operating privilege, as defined in s. 340.01 (40), for not less than 6 months nor more than 5 years. The court shall immediately take possession of any suspended or revoked license and forward it to the department of transportation together with the record of conviction and notice of the suspension or revocation. The person is eligible for an occupational license under s. 343.10 as follows:

AB795, s. 167 Section 167. Initial applicability.

AB795,58,24 (1) The treatment of section 13.0965 of the statutes first applies to a bill introduced on the effective date of this subsection.

AB795, s. 168 Section 168. Effective dates. This act takes effect on the first day of the 13th month beginning after publication, except as follows:

AB795,59,4 (1) The treatment of sections 343.10 (1) (e) and 343.32 (6) of the statutes takes effect on the first day of the 24th month beginning after publication.

AB795,59,6 (2) The treatment of sections 351.02 (1) (a) 4. and 10. and 351.11 of the statutes takes effect on the first day of the 4th month beginning after publication.

AB795,59,7 (End)