LRB-0718/2
PEN:cmh&jlg:km
1999 - 2000 LEGISLATURE
February 25, 1999 - Introduced by Representatives Stone, La Fave, Olsen, F.
Lasee, Wasserman, Hutchison, Bock, Urban, Kreibich, Plouff
and Powers,
cosponsored by Senators Risser, Darling, Burke, Roessler and Rosenzweig.
Referred to Committee on Highway Safety.
AB143,1,2 1An Act to amend 347.48 (2m) (gm) and 347.50 (2m) (a) of the statutes; relating
2to:
enforcement of motor vehicle safety belt violations and providing a penalty.
Analysis by the Legislative Reference Bureau
This state requires the use of safety belts in certain motor vehicles. Under
current law, with specific exceptions, no person may drive a motor vehicle unless he
or she is properly restrained by a safety belt and unless he or she reasonably believes
that each passenger between the ages of four and fifteen years old is properly
restrained by a safety belt. No person who is at least four years old may be a
passenger in the front seat of a motor vehicle unless that person is properly
restrained by a safety belt. Current law prohibits a law enforcement officer from
stopping or inspecting a motor vehicle solely to determine compliance with safety
belt use requirements, but an officer may issue a citation for a violation observed in
the course of a stop or inspection made for other purposes. A law enforcement officer
may not take a person into physical custody solely for a violation of those
requirements.
This bill authorizes a law enforcement officer to stop or inspect a vehicle solely
to determine compliance with safety belt use requirements, if the officer has probable
cause to believe that a violation has occurred.

The bill also increases the penalty for violating this state's laws requiring the
use of safety belts from $10 to $25 for a first offense and to not less than $50 nor more
than $75 for the second and each later offense committed within three years.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB143, s. 1 1Section 1. 347.48 (2m) (gm) of the statutes is amended to read:
AB143,2,112 347.48 (2m) (gm) Notwithstanding s. 349.02, a law enforcement officer may not
3stop or inspect a vehicle solely to determine compliance with this subsection or sub.
4(1) or (2) or a local ordinance in conformity with this subsection, sub. (1) or (2) or rules
5of the department. This paragraph does not limit the authority of a law enforcement
6officer to issue a citation for a violation of this subsection or sub. (1) or (2) or a local
7ordinance in conformity with this subsection, sub. (1) or (2) or rules of the department
8observed in the course of a stop or inspection made for other purposes, except that
9a
A law enforcement officer may not take a person into physical custody solely for a
10violation of this subsection or sub. (1) or (2) or a local ordinance in conformity with
11this subsection, sub. (1) or (2) or rules of the department.
AB143, s. 2 12Section 2. 347.50 (2m) (a) of the statutes is amended to read:
AB143,2,1613 347.50 (2m) (a) Any person who violates s. 347.48 (2m) (b) or (c) and any person
1416 years of age or older who violates s. 347.48 (2m) (d) may be required to forfeit $10
15$25 for the first offense and not less than $50 nor more than $75 for the 2nd or any
16later offense committed within 3 years
.
AB143, s. 3 17Section 3. Initial applicability.
AB143,3,3
1(1) This act first applies to violations committed on the effective date of this
2subsection, but does not preclude the counting of other violations as prior violations
3for sentencing a person.
AB143,3,44 (End)
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