LRB-1068/1
ARG:kjf:md
2009 - 2010 LEGISLATURE
February 27, 2009 - Introduced by Representatives Kaufert, Spanbauer,
Ziegelbauer, Roth, A. Ott, Kestell, Brooks, J. Ott, Lothian, Townsend
and
Mursau, cosponsored by Senators Darling, A. Lasee and Kedzie. Referred to
Committee on Public Safety.
AB96,1,2 1An Act to amend 343.44 (2) (as) of the statutes; relating to: operating a motor
2vehicle after revocation.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from operating a motor vehicle on the highway
during any period in which the person's motor vehicle operating privilege is revoked
(OAR). Subject to a "first offense" exception, a person convicted of OAR on or after
May 1, 2002, must be fined not more than $2,500 or imprisoned for not more than
one year or both. Under the "first offense" exception, if the person committed the
OAR offense after July 27, 2005, the person has no prior conviction in the preceding
five-year period under state statutes for OAR, and the underlying operating
privilege revocation was not the result of specified alcohol or controlled
substance-related traffic violations, the person must forfeit not more than $2,500.
Also under current law, local authorities may enact traffic regulations in strict
conformity with state law that are punishable by forfeiture.
This bill narrows the "first offense" penalty exception for a person convicted of
OAR so that the exception applies only if the person has no prior conviction in the
preceding five-year period for OAR under state statutes or under local ordinances.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB96, s. 1 3Section 1. 343.44 (2) (as) of the statutes is amended to read:
AB96,2,6
1343.44 (2) (as) Any person who violates sub. (1) (b) after July 27, 2005, shall
2forfeit not more than $2,500, except that, if the person has been convicted of a
3previous violation of sub. (1) (b) or of a local ordinance in conformity with sub. (1) (b)
4within the preceding 5-year period or if the revocation identified under sub. (1) (b)
5resulted from an offense that may be counted under s. 343.307 (2), the penalty under
6par. (b) shall apply.
AB96, s. 2 7Section 2. Initial applicability.
AB96,2,98 (1) This act first applies to offenses committed on the effective date of this
9subsection.
AB96,2,1010 (End)
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