AB336: Bill Text

This bill creates a penalty enhancer for those convicted of violating three or more specified traffic offenses within a single course of conduct. In addition to any penalty imposed for the distinct offenses, a person who violates three or more of the following offenses during a single course of conduct will be required to attend a traffic safety school and will have his or her operating privilege suspended:

1. Reckless driving that endangers the safety of any person or property or that causes injury to a person or property.

2. Disregarding a traffic control signal or flashing red or yellow lights.

3. Following another vehicle too closely.

4. Violating the rules of right-of-way, including failure to yield the right-of-way to an emergency vehicle, funeral procession, military convoy, highway maintenance or construction workers whose presence is indicated by flagmen or warning signs or to a pedestrian or bicyclist crossing at an intersection or crosswalk.

5. Disregarding a signal to stop at a railroad crossing.

6. Violating a maximum speed limit.

7. Overtaking or passing a vehicle in an unsafe or prohibited manner.

8. Turning or changing lanes in a vehicle without giving the appropriate signal for at least 100 feet.

The period of suspension is six months or, if the person has had his or her operating privilege suspended for a similar course of conduct within the preceding 24 months, one year.

For further information see the state 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:

AB336, s. 1 Section 1. 343.30 (2r) of the statutes is created to read:

AB336,2,5 343.30 (2r) (a) In this subsection, "offense" means a violation of s. 346.07, 346.08, 346.09, 346.14, 346.18, 346.19 (1), 346.20, 346.23, 346.24 (1), 346.27, 346.34 (1) (b), 346.37, 346.39, 346.44, 346.57 or 346.62 or of a local ordinance that strictly conforms to any of those sections.

AB336,2,10 (b) 1. If a court finds that a person committed 3 or more offenses during a single course of conduct, the court shall, in addition to any other penalty provided for the offenses, order the person to attend a traffic safety school as provided under s. 345.60 and, except as provided in subd. 2., shall suspend the person's operating privilege for 6 months.

AB336,2,14 2. If the person committed the course of conduct that requires suspension under this subsection within 24 months after committing a course of conduct that required suspension under this subsection, the court shall suspend the person's operating privilege for one year.

AB336,3,3 (c) Notwithstanding s. 343.10 (2) (a) 4., a person whose operating privilege is suspended under this subsection may apply for an occupational license within 15 days after the date of suspension.

AB336, s. 2 Section 2. 346.17 (2) of the statutes is amended to read:

AB336,3,7 346.17 (2) Any Subject to s. 343.30 (2r), any person violating ss. 346.05, 346.07 (2) or (3), 346.08, 346.09, 346.10 (2) to (4), 346.11, 346.13 (2) or 346.14 to 346.16 may be required to forfeit not less than $30 nor more than $300.

AB336, s. 3 Section 3. 346.22 (1) (a) of the statutes is amended to read:

AB336,3,12 346.22 (1) (a) Except as provided in par. (b), and subject to s. 343.30 (2r), any person violating s. 346.18 or 346.20 (1) may be required to forfeit not less than $20 nor more than $50 for the first offense and not less than $50 nor more than $100 for the 2nd or subsequent conviction within a year.

AB336, s. 4 Section 4. 346.22 (2) of the statutes is amended to read:

AB336,3,15 346.22 (2) Any Subject to s. 343.30 (2r), any person violating s. 346.19 or 346.20 (4) (a) may be required to forfeit not less than $30 nor more $300.

AB336, s. 5 Section 5. 346.22 (3) of the statutes is amended to read:

AB336,3,20 346.22 (3) Any Subject to s. 343.30 (2r), any person violating s. 346.20 (2), (3) or (4) (b) or (c) or 346.21 may be required to forfeit not less than $10 nor more than $20 for the first offense and not less than $25 nor more than $50 for the 2nd or subsequent conviction within a year.

AB336, s. 6 Section 6. 346.30 (1) (b) 1. of the statutes is amended to read:

AB336,3,25 346.30 (1) (b) 1. Unless otherwise provided in subd. 2., and subject to s. 343.30 (2r), any operator of a vehicle violating s. 346.23 or 346.28 may be required to forfeit not less than $20 nor more than $40 for the first offense and not less than $50 nor more than $100 for the 2nd or subsequent conviction within a year.

AB336, s. 7 Section 7. 346.30 (2) of the statutes is amended to read:

AB336,4,4 346.30 (2) Unless otherwise provided in sub. (1) (b) 2., and subject to s. 343.30 (2r), any person violating s. 346.24 (1) or (3) may be required to forfeit not less than $30 nor more than $300.

AB336, s. 8 Section 8. 346.30 (4) of the statutes is amended to read:

AB336,4,7 346.30 (4) Any Subject to s. 343.30 (2r), any person violating s. 346.27 may be required to forfeit not less than $60 nor more than $600.

AB336, s. 9 Section 9. 346.36 (1) of the statutes is amended to read:

AB336,4,12 346.36 (1) Unless otherwise provided in sub. (2), and subject to s. 343.30 (2r), any person violating ss. 346.31 to 346.35 may be required to forfeit not less than $20 nor more than $40 for the first offense and not less than $50 nor more than $100 for the 2nd or subsequent conviction within a year.

AB336, s. 10 Section 10. 346.43 (1) (b) 1. of the statutes is amended to read:

AB336,4,17 346.43 (1) (b) 1. Unless otherwise provided in subd. 2. or 3., and subject to s. 343.30 (2r), any operator of a vehicle violating ss. 346.37 to 346.39 may be required to forfeit not less than $20 nor more than $40 for the first offense and not less than $50 nor more than $100 for the 2nd or subsequent conviction within a year.

AB336, s. 11 Section 11. 346.49 (2m) (a) of the statutes is amended to read:

AB336,4,20 346.49 (2m) (a) Unless otherwise provided in par. (b), and subject to s. 343.30 (2r), any person violating s. 346.44 may be required to forfeit not more than $1,000.

AB336, s. 12 Section 12. 346.60 (2) (a) of the statutes is amended to read:

AB336,4,24 346.60 (2) (a) Except as provided in sub. (3m) or (5), and subject to s. 343.30 (2r), any person violating s. 346.57 (4) (d) to (g) or (h) or (5) or 346.58 may be required to forfeit not less than $30 nor more than $300.

AB336, s. 13 Section 13. 346.60 (2) (b) of the statutes is amended to read:

AB336,5,3 346.60 (2) (b) Except as provided in sub. (3m) or (5), and subject to s. 343.30 (2r), any person violating s. 346.57 (4) (gm) may be required to forfeit not less than $50 nor more than $300.

AB336, s. 14 Section 14. 346.60 (3) of the statutes is amended to read:

AB336,5,8 346.60 (3) Except as provided in sub. (3m) or (5), and subject to s. 343.30 (2r), any person violating s. 346.57 (2), (3) or (4) (a) to (c) may be required to forfeit not less than $40 nor more than $300 for the first offense and may be required to forfeit not less than $80 nor more than $600 for the 2nd or subsequent conviction within a year.

AB336, s. 15 Section 15. 346.65 (1) (intro.) of the statutes is amended to read:

AB336,5,11 346.65 (1) (intro.) Except as provided in sub. (5m), and subject to s. 343.30 (2r), any person who violates s. 346.62 (2):

AB336, s. 16 Section 16. 346.65 (3) of the statutes is amended to read:

AB336,5,16 346.65 (3) Except as provided in sub. (5m), and subject to s. 343.30 (2r), any person violating s. 346.62 (3) shall be fined not less than $300 nor more than $2,000 and may be imprisoned for not less than 30 days nor more than one year in the county jail.

AB336, s. 17 Section 17. 346.65 (4m) of the statutes is amended to read:

AB336,5,19 346.65 (4m) Except as provided in sub. (5m), and subject to s. 343.30 (2r), any person violating s. 346.62 (2m) shall forfeit not less than $300 nor more than $1,000.

AB336, s. 18 Section 18. 346.65 (5) of the statutes is amended to read:

AB336,5,23 346.65 (5) Except as provided in sub. (5m), and subject to s. 343.30 (2r), any person violating s. 346.62 (4) shall be fined not less than $600 nor more than $2,000 and may be imprisoned for not less than 90 days nor more than 18 months.

AB336, s. 19 Section 19. Initial applicability.

AB336,6,2 (1) This act first applies to offenses committed on the effective date of this subsection.

AB336,6,3 (End)