AB256: Bill Text

LRB-1273/1

PJH:wlj:rs

2005 - 2006 LEGISLATURE

2005 Assembly BILL 256

March 18, 2005 - Introduced by Representatives Jensen, Grigsby, Kessler, A. Williams, Fields, Young, Jeskewitz, Toles, Benedict, Nischke, Pocan and Berceau, cosponsored by Senator Coggs. Referred to Committee on Criminal Justice and Homeland Security.

AB256,1,7 An Act to repeal 343.30 (1g) (b), 343.32 (1m), 343.44 (2) (am), 351.02 (1) (a) 5., 351.02 (1) (a) 9., 767.303 and 961.50; to renumber and amend 343.30 (1g) (a); and to amend 343.10 (1) (a), 343.10 (2) (a) 1., 343.10 (5) (b), 343.30 (5), 343.31 (1) (hm), 343.31 (2m), 343.31 (2u) (a), 343.32 (3), 343.44 (1) (d), 343.44 (1) (d), 343.44 (2) (b) (intro.), 343.44 (2) (b) (intro.), 343.44 (2) (bm), 351.02 (1) (a) 6. and 351.02 (1) (b) of the statutes; relating to: operating a vehicle after suspension or revocation of operating privileges and providing a penalty.

Analysis by the Legislative Reference Bureau

Under current law, a person may not operate a motor vehicle while his or her operating privilege has been suspended or revoked (OAR). A person who operates a motor vehicle while his or her operating privilege is suspended is required to forfeit not less than $50 nor more than $200, and a court may suspend his or her operating privilege for up to six months. A person who operates a motor vehicle while his or her operating privilege is revoked may be fined not more than $2,500, imprisoned for not more than one year, or both, and a court may suspend his or her operating privilege for up to six months. A person who operates a commercial motor vehicle while he or she is disqualified or ordered out-of-service is subject to the same penalties as a person who operates a motor vehicle while his or her operating privilege is revoked. However, if the person had been convicted of three or more prior convictions for operating a vehicle while his or her operating privilege was suspended or revoked, current law requires a court to revoke the person's operating privilege for six months, with limited exceptions.

Under this bill, a first violation of operating a motor vehicle after a person's operating privilege is suspended or revoked is a civil violation. The fines are converted to civil forfeitures, and a person who is found to have violated the prohibition is not subject to imprisonment. However, a person who commits a second or subsequent offense would be fined the same amount and subject to the same amount of imprisonment as under current law.

Under current law, a court may suspend or revoke a person's operating privilege as a penalty for several different offenses, including being a habitual traffic offender, failing to pay child support, or being convicted of certain drug offenses. Under the bill, a court may not suspend or revoke a person's operating privilege for failing to pay child support or being convicted of certain drug offenses, and may only suspend or revoke the operating privilege of a habitual traffic offender if the person committed certain traffic violations that are felonies or that involve reckless or intoxicated driving.

For further information see the state and local 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:

AB256, s. 1 Section 1. 343.10 (1) (a) of the statutes is amended to read:

AB256,2,11 343.10 (1) (a) If a person's license or operating privilege is revoked or suspended under this chapter or s. 767.303, 938.34 (14q), or 943.21 (3m), or 961.50 and if the person is engaged in an occupation, including homemaking or full-time or part-time study, or a trade making it essential that he or she operate a motor vehicle, the person, after payment of the fee provided in sub. (6), may file an application with the department setting forth in detail the need for operating a motor vehicle. No person may file more than one application with respect to each revocation or suspension of the person's license or operating privilege under this chapter or s. 767.303, 938.34 (14q), or 943.21 (3m), or 961.50, except that this limitation does not apply to an application to amend an occupational license restriction.

AB256, s. 2 Section 2. 343.10 (2) (a) 1. of the statutes is amended to read:

AB256,3,6 343.10 (2) (a) 1. Except for a revocation or suspension that arose out of the same incident or occurrence for which the person's license or operating privilege is currently revoked or suspended, the person's license or operating privilege was not revoked or suspended previously under this chapter or ch. 344 or s. 943.21 (3m) or 961.50 within the one-year period immediately preceding the present revocation or suspension, except as provided in s. 344.40.

AB256, s. 3 Section 3. 343.10 (5) (b) of the statutes is amended to read:

AB256,3,10 343.10 (5) (b) Limitations. Occupational licenses are subject to the limitations specified in ss. 343.30 (1q) (b) and (h), 343.305 (8) (d) and (10) (b) and (em), and 343.31 (3m), 343.32 (1m), 767.303 and 961.50.

AB256, s. 4 Section 4. 343.30 (1g) (a) of the statutes is renumbered 343.30 (1g) and amended to read:

AB256,3,16 343.30 (1g) Except as provided in par. (b), a A court may suspend a person's operating privilege for any period not exceeding 6 months upon the person's conviction for violating s. 343.44 (1) (a), (b) or (d) or a local ordinance in conformity therewith.

AB256, s. 5 Section 5. 343.30 (1g) (b) of the statutes is repealed.

AB256, s. 6 Section 6. 343.30 (5) of the statutes is amended to read:

AB256,4,3 343.30 (5) No court may suspend or revoke an operating privilege except as authorized by this chapter or ch. 345, 351, or 938 or s. 767.303, 800.09 (1) (c), 800.095 (4) (b) 4., or 943.21 (3m), or 961.50. When a court revokes, suspends, or restricts a juvenile's operating privilege under ch. 938, the department of transportation shall not disclose information concerning or relating to the revocation, suspension, or restriction to any person other than a court, district attorney, county corporation counsel, city, village, or town attorney, law enforcement agency, or the minor whose operating privilege is revoked, suspended, or restricted, or his or her parent or guardian. Persons entitled to receive this information shall not disclose the information to other persons or agencies.

AB256, s. 7 Section 7. 343.31 (1) (hm) of the statutes is amended to read:

AB256,4,10 343.31 (1) (hm) A violation of s. 343.44 (1) (a), (b) or (d), or a local ordinance in conformity therewith, if the person has been convicted of 3 or more prior violations of s. 343.44 (1) (a), (b) or (d), or similar violations under s. 343.44 (1), 1997 stats., or a local ordinance in conformity therewith within the 5-year period preceding the violation. Revocation under this paragraph shall be for a period of 6 months unless a lesser period of revocation is ordered under s. 343.30 (1g) (b).

AB256, s. 8 Section 8. 343.31 (2m) of the statutes is amended to read:

AB256,4,23 343.31 (2m) The department may suspend or revoke, respectively, the operating privilege of any resident upon receiving notice of the conviction of that person under a law of another jurisdiction or a federally recognized American Indian tribe or band in this state for an offense which, if the person had committed the offense in this state and been convicted of the offense under the laws of this state, would have permitted suspension or revocation of the person's operating privilege under s. 343.30 (1g). Upon receiving similar notice with respect to a nonresident, the department may suspend or revoke the privilege of the nonresident to operate a motor vehicle in this state. The suspension or revocation shall not apply to the operation of a commercial motor vehicle by a nonresident who holds a valid commercial driver license issued by another state. A suspension or revocation under this subsection shall be for any period not exceeding 6 months.

AB256, s. 9 Section 9. 343.31 (2u) (a) of the statutes is amended to read:

AB256,5,2 343.31 (2u) (a) Any offense that may be counted under s. 351.02 (1) (a), other than s. 351.02 (1) (a) 5.

AB256, s. 10 Section 10. 343.32 (1m) of the statutes is repealed.

AB256, s. 11 Section 11. 343.32 (3) of the statutes is amended to read:

AB256,5,7 343.32 (3) Except as provided in sub. (1m), a A revocation or suspension under this section may be for any period not exceeding one year unless a different period is specifically prescribed by law.

AB256, s. 12 Section 12. 343.44 (1) (d) of the statutes is amended to read:

AB256,5,17 343.44 (1) (d) Operating while disqualified. No person may operate a commercial motor vehicle while disqualified under s. 343.315 or 49 CFR 383.51, under the law of another jurisdiction or Mexico that provides for disqualification of commercial drivers in a manner similar to 49 CFR 383.51, or under a determination by the federal highway administration under the federal rules of practice for motor carrier safety contained in 49 CFR 386 that the person is no longer qualified to operate a vehicle under 49 CFR 391. This paragraph does not apply to a person who is disqualified under s. 343.315 (2) (a) 3. or 7., or under s. 343.315 (2) (a) 4. unless the person is disqualified for a felony under chapter 346.

AB256, s. 13 Section 13 . 343.44 (1) (d) of the statutes, as affected by 2003 Wisconsin Act 33, is amended to read:

AB256,6,3 343.44 (1) (d) Operating while disqualified. No person may operate a commercial motor vehicle while disqualified under s. 343.315 or 49 CFR 383.51, under the law of another jurisdiction or Mexico that provides for disqualification of commercial drivers in a manner similar to 49 CFR 383.51, or under a determination by the federal motor carrier safety administration under the federal rules of practice for motor carrier safety contained in 49 CFR 386 that the person is no longer qualified to operate a vehicle under 49 CFR 391. This paragraph does not apply to a person who is disqualified under s. 343.315 (2) (a) 3. or 7., or under s. 343.315 (2) (a) 4. unless the person is disqualified for a felony under chapter 346.

AB256, s. 14 Section 14. 343.44 (2) (am) of the statutes is repealed.

AB256, s. 15 Section 15. 343.44 (2) (b) (intro.) of the statutes is amended to read:

AB256,6,12 343.44 (2) (b) (intro.) Except as provided in par. (am), any Any person who violates commits a first violation of sub. (1) (b), (c), or (d) shall forfeit not more than $2,500. Any person who commits a 2nd or subsequent violation of sub. (1) (b), (c), or (d) shall be fined not more than $2,500 or imprisoned for not more than one year in the county jail or both. In imposing a sentence under this paragraph, or a local ordinance in conformity with this paragraph, the court shall review the record and consider the following:

AB256, s. 16 Section 16 . 343.44 (2) (b) (intro.) of the statutes, as affected by 2003 Wisconsin Act 33, is amended to read:

AB256,6,21 343.44 (2) (b) (intro.) Except as provided in par. (am), any Any person who violates commits a first violation of sub. (1) (b) or (d) shall forfeit not more than $2,500. Any person who commits a 2nd or subsequent violation of sub. (1) (b) or (d) shall be fined not more than $2,500 or imprisoned for not more than one year in the county jail or both. In imposing a sentence under this paragraph, or a local ordinance in conformity with this paragraph, the court shall review the record and consider the following:

AB256, s. 17 Section 17. 343.44 (2) (bm) of the statutes, as created by 2003 Wisconsin Act 33, is amended to read:

AB256,7,4 343.44 (2) (bm) Any person who violates commits a first violation of sub. (1) (c) shall forfeit not less than $1,000 nor more than $2,750. Any person who commits a 2nd or subsequent violation of sub. (1) (c) shall be fined not less than $1,100 nor more than $2,750 or imprisoned for not more than one year in the county jail or both. In imposing a sentence under this paragraph, the court shall review the record and consider the factors specified in par. (b) 1. to 5.

AB256, s. 18 Section 18. 351.02 (1) (a) 5. of the statutes is repealed.

AB256, s. 19 Section 19. 351.02 (1) (a) 6. of the statutes is amended to read:

AB256,7,8 351.02 (1) (a) 6. Any crime punishable as a felony under chs. 341 to 348 or any felony in the commission of which a motor vehicle is used chapter 346.

AB256, s. 20 Section 20. 351.02 (1) (a) 9. of the statutes is repealed.

AB256, s. 21 Section 21. 351.02 (1) (b) of the statutes is amended to read: