LRB-0678/1
EVM:bjk:md
2009 - 2010 LEGISLATURE
March 3, 2009 - Introduced by Senators A. Lasee, Cowles, Lehman, Carpenter,
Risser, Lassa, Harsdorf, Taylor, Darling, Schultz, Olsen
and Hansen,
cosponsored by Representatives Barca, Townsend, Van Roy, Bies, Spanbauer,
Lothian, Petrowski, A. Ott, Friske
and Strachota. Referred to Committee on
Transportation, Tourism, Forestry, and Natural Resources.
SB103,1,3 1An Act to amend 346.02 (10) and (11); and to create 346.89 (3) and 346.95 (10)
2of the statutes; relating to: restrictions on the operation of motor vehicles by
3persons using electronic text messaging devices and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits inattentive driving of a motor vehicle, which means that
a driver of a motor vehicle may not be so engaged or occupied as to interfere with the
safe driving of the vehicle. Any person convicted of inattentive driving may be
required to forfeit not less than $20 nor more than $400.
This bill prohibits the use of an electronic text messaging device, except to
report an emergency, by anyone who is operating a motor vehicle in this state. An
"electronic text messaging device" is defined as an electronic device, including a
cellular telephone, personal digital assistant, or portable or mobile computer while
being used for purposes of text communications, that is capable of transmitting or
receiving text communications to or from one or more other persons. The definition
of electronic text messaging device does not include devices that transmit or receive
emergency alert messages or messages relating to the operation of the vehicle or an
accessory that is integrated into the electrical system of a vehicle, including global
positioning system devices. The bill provides an exception to this prohibition for
persons operating authorized emergency vehicles. Persons who violate this
prohibition may be required to forfeit not less than $100 nor more than $400 for a first
offense, and not less than $200 nor more than $800 for a second or subsequent
conviction. Persons who, in the course of using an electronic text messaging device

while operating a motor vehicle, cause bodily harm to another person must be fined
not less than $300 nor more than $2,000 or be imprisoned for not more than 30 days
in the county jail, or both. Persons who, in the course of using an electronic text
messaging device while operating a motor vehicle, cause great bodily harm to
another person must be fined not less than $300 nor more than $2,000 or be
imprisoned for not less than 30 days nor more than one year in the county jail, or
both. Persons who, in the course of using an electronic text messaging device while
operating a motor vehicle, cause the death of another person or an unborn child are
guilty of a Class G felony, which is punishable by a fine not to exceed $25,000 or
imprisonment not to exceed ten years, or both.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB103, s. 1 1Section 1. 346.02 (10) and (11) of the statutes are amended to read:
SB103,2,72 346.02 (10) Applicability to snowmobiles. The operator of a snowmobile upon
3a roadway shall in addition to the provisions of ch. 350 be subject to ss. 346.04,
4346.06, 346.11, 346.14 (1), 346.18, 346.19, 346.20, 346.21, 346.26, 346.27, 346.33,
5346.35, 346.37, 346.39, 346.40, 346.44, 346.46, 346.47, 346.48, 346.50 (1) (b), 346.51,
6346.52, 346.53, 346.54, 346.55, 346.87, 346.88, 346.89 (1) and (2), 346.90, 346.91,
7346.92 (1) and 346.94 (1) and (9).
SB103,2,13 8(11) Applicability to all-terrain vehicles. The operator of an all-terrain
9vehicle on a roadway is subject to ss. 346.04, 346.06, 346.11, 346.14 (1), 346.18,
10346.19, 346.20, 346.21, 346.26, 346.27, 346.33, 346.35, 346.37, 346.39, 346.40,
11346.44, 346.46, 346.47, 346.48, 346.50 (1) (b), 346.51, 346.52, 346.53, 346.54, 346.55,
12346.71, 346.87, 346.88, 346.89 (1) and (2), 346.90, 346.91, 346.92 (1) and 346.94 (1)
13and (9) but is not subject to any other provision of this chapter.
SB103, s. 2 14Section 2. 346.89 (3) of the statutes is created to read:
SB103,3,9
1346.89 (3) (a) In this subsection, "electronic text messaging device" means any
2electronic device, including a cellular telephone, personal digital assistant, or
3portable or mobile computer while being used for purposes of text communication,
4that is capable of receiving or transmitting a text message, electronic mail, or other
5text communications to or from one or more other persons, but does not include any
6device whose primary function is transmitting and receiving emergency alert
7messages and messages related to the operation of the vehicle or an accessory that
8is integrated into the electrical system of a vehicle, including a global positioning
9system device.
SB103,3,1210 (b) No person may operate, as defined in s. 343.305 (1) (c), any motor vehicle
11while viewing, transmitting information into, or otherwise operating an electronic
12text messaging device, except to report an emergency.
SB103,3,1413 (c) This subsection does not apply to operators of authorized emergency
14vehicles.
SB103, s. 3 15Section 3. 346.95 (10) of the statutes is created to read:
SB103,3,1616 346.95 (10) (a) In this subsection:
SB103,3,1717 1. "Bodily harm" has the meaning given in s. 939.22 (4).
SB103,3,1818 2. "Great bodily harm" has the meaning given in s. 939.22 (14).
SB103,3,2119 (b) Except as provided in pars. (c) to (f), any person violating s. 346.89 (3) (b)
20may be required to forfeit not less than $100 nor more than $400 for the first offense
21and not less than $200 nor more than $800 for the 2nd or subsequent conviction.
SB103,3,2422 (c) Any person who, in the course of a violation of s. 346.89 (3) (b), causes bodily
23harm to another person shall be fined not less than $300 nor more than $2,000 or be
24imprisoned for not more than 30 days in the county jail, or both.
SB103,4,4
1(d) Any person who, in the course of a violation of s. 346.89 (3) (b), causes great
2bodily harm to another person shall be fined not less than $300 nor more than $2,000
3or be imprisoned for not less than 30 days nor more than one year in the county jail,
4or both.
SB103,4,65 (e) Any person who, in the course of a violation of s. 346.89 (3) (b), causes the
6death of another person shall be guilty of a Class G felony.
SB103,4,87 (f) Any person who, in the course of a violation of s. 346.89 (3) (b), causes the
8death of an unborn child shall be guilty of a Class G felony.
SB103, s. 4 9Section 4. Effective date.
SB103,4,1110 (1) This act takes effect on the first day of the 7th month beginning after
11publication.
SB103,4,1212 (End)
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