SB431: Bill Text

SB431, s. 7 Section 7. 345.47 (1) (intro.) of the statutes is amended to read:

SB431,6,14 345.47 (1) (intro.) If the defendant is found guilty, the court may enter judgment against the defendant for a monetary amount not to exceed the maximum forfeiture provided for the violation, plus costs, fees, and surcharges imposed under ch. 814, and, in addition, may suspend or revoke his or her operating privilege under s. 343.30. If the violation is one described in s. 346.17 (6) (c), 346.22 (5) (c), 346.65 (3) (b) or (5) (b), or 346.95 (12) (c), or if the forfeiture for the violation has been doubled under s. 346.17 (6), 346.22 (5), 346.30 (5), 346.36 (3), 346.43 (4), 346.49 (5), 346.56 (5), 346.60 (6), 346.74 (7), 346.82 (3), 346.95 (12), or 349.06 (4), the court may also order the defendant to perform community service work. Upon entering judgment, the court shall notify the defendant personally, if the defendant is present, and in writing that the defendant should notify the court if he or she is unable to pay the judgment because of poverty, as that term is used in s. 814.29 (1) (d). If the defendant is present and the court, using the criteria in s. 814.29 (1) (d), determines that the defendant is unable to pay the judgment because of poverty, the court shall provide the defendant with an opportunity to pay the judgment in installments, taking into account the defendant's income. If the judgment is not paid or if the defendant fails to make any ordered installment payment, the court shall order:

SB431, s. 8 Section 8. 346.17 (4) of the statutes is amended to read:

SB431,6,19 346.17 (4) Any Except as provided in sub. (6) (c), any person violating s. 346.075 may be required to forfeit not less than $25 nor more than $200 for the first offense and not less than $50 nor more than $500 for the 2nd or subsequent violation within 4 years.

SB431, s. 9 Section 9. 346.17 (6) of the statutes is created to read:

SB431,6,22 346.17 (6) (a) In this subsection, "harm" means bodily harm, as defined in s. 939.22 (4), great bodily harm, as defined in s. 939.22 (14), or death.

SB431,7,2 (b) If any violation under ss. 346.04 to 346.072 or 346.08 to 346.16 results in harm to a vulnerable highway user, the amount of any forfeiture or fine specified in subs. (1) to (3) or s. 939.50 for the violation shall be doubled. If sub. (5) applies with respect to the violation, the doubling of the forfeiture under this subsection shall apply in addition to any doubling under sub. (5).

SB431,7,4 (c) If any violation under s. 346.075 results in harm to a vulnerable highway user, the person who commits the violation is guilty of a Class I felony.

SB431, s. 10 Section 10. 346.22 (1) (a), (b), (c), (d) and (e) of the statutes are amended to read:

SB431,7,10 346.22 (1) (a) Except as provided in par. (b), (c), (d), or (e) or sub. (5) (c), any person violating s. 346.18, 346.20 (1), or 346.215 (2) (b) or (3) 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.

SB431,7,14 (b) If an operator of a vehicle violates s. 346.18 (6) where persons engaged in work in a highway maintenance or construction area or in a utility work area are at risk from traffic, any applicable minimum and maximum forfeiture or fine specified in par. (a), (c), (d), or (e) or sub. (5) (c) and s. 939.50 for the violation shall be doubled.

SB431,7,18 (c) If Except as provided in sub. (5) (c), if a person violates s. 346.18 and the violation results in bodily harm, as defined in s. 939.22 (4), to another, the person shall forfeit $200 and shall have his or her operating privilege suspended as provided in s. 343.30 (1j).

SB431,7,22 (d) If Except as provided in sub. (5) (c), if a person violates s. 346.18 and the violation results in great bodily harm, as defined in s. 939.22 (14), to another, the person shall forfeit $500 and shall have his or her operating privilege suspended as provided in s. 343.30 (1j).

SB431,7,25 (e) If Except as provided in sub. (5) (c), if a person violates s. 346.18 and the violation results in death to another, the person shall forfeit $1,000 and shall have his or her operating privilege suspended as provided in s. 343.30 (1j).

SB431, s. 11 Section 11. 346.22 (3) of the statutes is amended to read:

SB431,8,5 346.22 (3) Any Except as provided in sub. (5) (c), 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.

SB431, s. 12 Section 12. 346.22 (5) of the statutes is created to read:

SB431,8,8 346.22 (5) (a) In this subsection, "harm" means bodily harm, as defined in s. 939.22 (4), great bodily harm, as defined in s. 939.22 (14), or death.

SB431,8,13 (b) If any violation under s. 346.19, 346.20, or 346.215 results in harm to a vulnerable highway user, the amount of any forfeiture specified in subs. (1) to (3) for the violation shall be doubled. If sub. (1) (b) applies with respect to the violation, the doubling of the forfeiture under this subsection shall apply in addition to any doubling under sub. (1) (b).

SB431,8,15 (c) If any violation under s. 346.18 or 346.21 results in harm to a vulnerable highway user, the person who commits the violation is guilty of a Class I felony.

SB431, s. 13 Section 13. 346.30 (5) of the statutes is created to read:

SB431,8,18 346.30 (5) (a) In this subsection, "harm" means bodily harm, as defined in s. 939.22 (4), great bodily harm, as defined in s. 939.22 (14), or death.

SB431,8,21 (b) If any violation under ss. 346.23 to 346.29 results in harm to a vulnerable highway user, the amount of any forfeiture specified in subs. (1) to (4) for the violation shall be doubled.

SB431, s. 14 Section 14. 346.36 (3) of the statutes is created to read:

SB431,8,24 346.36 (3) (a) In this subsection, "harm" means bodily harm, as defined in s. 939.22 (4), great bodily harm, as defined in s. 939.22 (14), or death.

SB431,9,3 (b) If any violation under ss. 346.31 to 346.35 results in harm to a vulnerable highway user, the amount of any forfeiture specified in subs. (1) and (2) for the violation shall be doubled.

SB431, s. 15 Section 15. 346.43 (4) of the statutes is created to read:

SB431,9,6 346.43 (4) (a) In this subsection, "harm" means bodily harm, as defined in s. 939.22 (4), great bodily harm, as defined in s. 939.22 (14), or death.

SB431,9,11 (b) If any violation under ss. 346.37 to 346.42 results in harm to a vulnerable highway user, the amount of any forfeiture specified in subs. (1) to (3) for the violation shall be doubled. If sub. (1) (b) 3. applies with respect to the violation, the doubling of the forfeiture under this subsection shall apply in addition to any doubling under sub. (1) (b) 3.

SB431, s. 16 Section 16. 346.49 (5) of the statutes is created to read:

SB431,9,14 346.49 (5) (a) In this subsection, "harm" means bodily harm, as defined in s. 939.22 (4), great bodily harm, as defined in s. 939.22 (14), or death.

SB431,9,19 (b) If any violation under s. 346.44, 346.45, 346.455, 346.46, or 346.47 to 346.48 results in harm to a vulnerable highway user, the amount of any forfeiture specified in subs. (1), (1g), (2), (2m), and (4) for the violation shall be doubled. If sub. (1) (c) applies with respect to the violation, the doubling of the forfeiture under this subsection shall apply in addition to any doubling under sub. (1) (c).

SB431, s. 17 Section 17. 346.56 (5) of the statutes is created to read:

SB431,9,22 346.56 (5) (a) In this subsection, "harm" means bodily harm, as defined in s. 939.22 (4), great bodily harm, as defined in s. 939.22 (14), or death.

SB431,9,25 (b) If any violation under ss. 346.503 to 346.55 results in harm to a vulnerable highway user, the amount of any forfeiture specified in subs. (1) to (4) for the violation shall be doubled.

SB431, s. 18 Section 18. 346.60 (6) of the statutes is created to read:

SB431,10,3 346.60 (6) (a) In this subsection, "harm" means bodily harm, as defined in s. 939.22 (4), great bodily harm, as defined in s. 939.22 (14), or death.

SB431,10,8 (b) If any violation under ss. 346.57 to 346.595 results in harm to a vulnerable highway user, the amount of any forfeiture specified in subs. (1) to (5) for the violation shall be doubled. If sub. (3m) applies with respect to the violation, the doubling of the forfeiture under this subsection shall apply in addition to any doubling or other penalty enhancement under sub. (3m).

SB431, s. 19 Section 19. 346.65 (3) of the statutes is renumbered 346.65 (3) (a) and amended to read:

SB431,10,13 346.65 (3) (a) Except as provided in par. (b) and sub. (5m), 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.

SB431, s. 20 Section 20. 346.65 (3) (b) of the statutes is created to read:

SB431,10,16 346.65 (3) (b) If the violation of s. 346.62 (3) causes bodily harm to a vulnerable highway user, the person who commits the violation is guilty of a Class H felony.

SB431, s. 21 Section 21. 346.65 (5) of the statutes is renumbered 346.65 (5) (a) and amended to read:

SB431,10,20 346.65 (5) (a) Except as provided in par. (b) and sub. (5m), any person violating s. 346.62 (4) is guilty of a Class I felony.

SB431, s. 22 Section 22. 346.65 (5) (b) of the statutes is created to read:

SB431,10,24 346.65 (5) (b) If the violation of s. 346.62 (4) causes great bodily harm to a vulnerable highway user, the person who commits the violation is guilty of a Class H felony.

SB431, s. 23 Section 23. 346.74 (7) of the statutes is created to read:

SB431,11,2 346.74 (7) (a) In this subsection, "harm" means bodily harm, as defined in s. 939.22 (4), great bodily harm, as defined in s. 939.22 (14), or death.

SB431,11,5 (b) If any violation under s. 346.67 or ss. 346.68 to 346.70 results in harm to a vulnerable highway user, the amount of any forfeiture or fine specified in subs. (2) to (5) or s. 939.50 for the violation shall be doubled.

SB431, s. 24 Section 24. 346.82 (3) of the statutes is created to read:

SB431,11,8 346.82 (3) (a) In this subsection, "harm" means bodily harm, as defined in s. 939.22 (4), great bodily harm, as defined in s. 939.22 (14), or death.

SB431,11,11 (b) If any violation under ss. 346.77 to 346.805 results in harm to a vulnerable highway user, the amount of any forfeiture specified in subs. (1) and (2) for the violation shall be doubled.

SB431, s. 25 Section 25. 346.95 (1) and (2) of the statutes are amended to read:

SB431,11,17 346.95 (1) Any Except as provided in sub. (12) (c), any person violating s. 346.87, 346.88, 346.89 (2), 346.90 to 346.92 or 346.94 (1), (9), (10), (11), (12) or (15) 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.

SB431,11,20 (2) Any Except as provided in sub. (12) (c), any person violating s. 346.89 (1) or (3) (a) or 346.94 (2), (4), or (7) may be required to forfeit not less than $20 nor more than $400.

SB431, s. 26 Section 26. 346.95 (12) of the statutes is created to read:

SB431,11,23 346.95 (12) (a) In this subsection, "harm" means bodily harm, as defined in s. 939.22 (4), great bodily harm, as defined in s. 939.22 (14), or death.

SB431,12,3 (b) If any violation under ss. 346.87, 346.88, or 346.90 to 346.94 results in harm to a vulnerable highway user, the amount of any forfeiture specified in subs. (1) to (5e) and (6) to (11) for the violation shall be doubled.

SB431,12,5 (c) If any violation under s. 346.89 results in harm to a vulnerable highway user, the person who commits the violation is guilty of a Class I felony.

SB431, s. 27 Section 27. 349.06 (1) (a) of the statutes is amended to read:

SB431,12,14 349.06 (1) (a) Except for the suspension or revocation of motor vehicle operator's licenses or except as provided in par. (b), any local authority may enact and enforce any traffic regulation which is in strict conformity with one or more provisions of chs. 341 to 348 and 350 for which the penalty for violation thereof is a forfeiture. If a local authority enacts a traffic regulation in strict conformity with any provision of ch. 346 for which the penalty under ch. 346 is doubled if the violation results in harm to a vulnerable highway user, the applicable penalty for the violation under the ordinance shall also include the doubling of the forfeiture.

SB431, s. 28 Section 28. 939.22 (44m) of the statutes is created to read:

SB431,12,17 939.22 (44m) "Vulnerable highway user" has the meaning given in s. 340.01 (74p).

SB431, s. 29 Section 29. 940.25 (1b) of the statutes is created to read:

SB431,12,20 940.25 (1b) Any person who does any of the following is guilty of a Class H felony:

SB431,12,22 (a) Causes bodily harm to a vulnerable highway user by the operation of a vehicle while under the influence of an intoxicant.

SB431,12,25 (b) Causes bodily harm to a vulnerable highway user by the operation of a vehicle while the person has a detectable amount of a restricted controlled substance in his or her blood.

SB431,13,3 (c) Causes bodily harm to a vulnerable highway user by the operation of a vehicle while the person has a prohibited alcohol concentration, as defined in s. 340.01 (46m).

SB431,13,6 (d) Causes bodily harm to a vulnerable highway user by the operation of a commercial motor vehicle while the person has an alcohol concentration of 0.04 or more but less than 0.08.

SB431, s. 30 Section 30. 940.25 (1m) (a) of the statutes is amended to read:

SB431,13,13 940.25 (1m) (a) A person may be charged with and a prosecutor may proceed upon an information based upon a violation of any combination of sub. (1) (a), (am), or (b); any combination of sub. (1) (a), (am), or (bm); any combination of sub. (1) (c), (cm), or (d); or any combination of sub. (1) (c), (cm), or (e); any combination of sub. (1b) (a), (b), or (c); or any combination of sub. (1b) (a), (b), or (d) for acts arising out of the same incident or occurrence.

SB431, s. 31 Section 31. 940.25 (1m) (b) of the statutes is amended to read:

SB431,13,23 940.25 (1m) (b) If a person is charged in an information with any of the combinations of crimes referred to in par. (a), the crimes shall be joined under s. 971.12. If the person is found guilty of more than one of the crimes so charged for acts arising out of the same incident or occurrence, there shall be a single conviction for purposes of sentencing and for purposes of counting convictions under s. 23.33 (13) (b) 2. and 3., under s. 30.80 (6) (a) 2. or 3., under ss. 343.30 (1q) and 343.305 or under s. 350.11 (3) (a) 2. and 3. Subsection Subsections (1) (a), (am), (b), (bm), (c), (cm), (d), and (e) and (1b) (a), (b), (c), and (d) each require proof of a fact for conviction which the others do not require.

SB431, s. 32 Section 32. 940.25 (2) (a) of the statutes is amended to read:

SB431,14,6 940.25 (2) (a) The defendant has a defense if he or she proves by a preponderance of the evidence that the great bodily harm or bodily harm would have occurred even if he or she had been exercising due care and he or she had not been under the influence of an intoxicant, did not have a detectable amount of a restricted controlled substance in his or her blood, or did not have an alcohol concentration described under sub. (1) (b), (bm), (d) or (e) or (1b) (c) or (d).

SB431, s. 33 Section 33. Initial applicability.

SB431,14,9 (1) This act first applies to violations committed on the effective date of this subsection.

SB431, s. 34 Section 34. Effective date.

SB431,14,12 (1) This act takes effect on the first day of the 4th month beginning after publication.

SB431,14,13 (End)