SB307: Bill Text

SB307,26 Section 26. 346.60 (6) of the statutes is created to read:

SB307,14,22 346.60 (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.

SB307,15,2 (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).

SB307,27 Section 27. 346.65 (3m) of the statutes is amended to read:

SB307,15,12 346.65 (3m) Except as provided in sub. (3p) or (3r), any person violating s. 346.63 (2) or (6) 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. If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under s. 346.63 (2) or (6), the offense is a felony, the applicable minimum and maximum fines or periods of imprisonment for the conviction are doubled and the place of imprisonment shall be determined under s. 973.02. If the injury was to a vulnerable highway user, the applicable minimum and maximum fines for the conviction are doubled.

SB307,28 Section 28. 346.65 (3p) of the statutes is amended to read:

SB307,15,21 346.65 (3p) Any person violating s. 346.63 (2) or (6) is guilty of a Class H felony if the person has one or more prior convictions, suspensions, or revocations, as counted under s. 343.307 (1). If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under s. 346.63 (2) or (6), the offense is a felony and the applicable maximum fines or periods of imprisonment for the conviction are doubled. If the injury was to a vulnerable highway user, the applicable minimum and maximum fines for the conviction are doubled.

SB307,29 Section 29. 346.65 (3r) of the statutes is amended to read:

SB307,16,12 346.65 (3r) In any county that opts to offer a reduced minimum period of imprisonment for the successful completion of a probation period that includes alcohol and other drug treatment, any person violating s. 346.63 (2) or (6) shall be fined the same as under sub. (3m), but the period of imprisonment shall be not less than 30 days, except that if the person successfully completes a period of probation that includes alcohol and other drug treatment, the period of imprisonment shall be not less than 15 days. If there was a minor passenger under 16 years of age in the motor vehicle at the time of the violation that gave rise to the conviction under s. 346.63 (2) or (6), the offense is a felony, the applicable minimum and maximum fines or periods of imprisonment for the conviction are doubled and the place of imprisonment shall be determined under s. 973.02. If the injury was to a vulnerable highway user, the applicable minimum and maximum fines for the conviction are doubled. A person may be sentenced under this subsection or under sub. (2) (bm) or (cm) or (2j) (bm) or (cm) once in his or her lifetime. This subsection does not apply to a person sentenced under sub. (3p).

SB307,30 Section 30. 346.74 (7) of the statutes is created to read:

SB307,16,15 346.74 (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.

SB307,16,18 (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.

SB307,31 Section 31. 346.82 (3) of the statutes is created to read:

SB307,16,21 346.82 (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.

SB307,16,24 (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.

SB307,32 Section 32. 346.95 (1) and (2) of the statutes are amended to read:

SB307,17,5 346.95 (1) Any Except as provided in sub. (12) (c), any person violating s. 346.87, 346.88, 346.89 (2) or (4), 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.

SB307,17,8 (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.

SB307,33 Section 33. 346.95 (12) of the statutes is created to read:

SB307,17,11 346.95 (12) (a) 1. In this paragraph, "harm" means bodily harm, as defined in s. 939.22 (4), great bodily harm, as defined in s. 939.22 (14), or death.

SB307,17,14 2. Except as provided in pars. (b) and (c), if any violation under ss. 346.87 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.

SB307,17,17 (b) If any violation under s. 346.89 results in great bodily harm, as defined in s. 939.22 (14), to a vulnerable highway user, the person who commits the violation is guilty of a Class B misdemeanor as specified in s. 939.51 (3) (b).

SB307,17,20 (c) If any violation under s. 346.89 results in death to a vulnerable highway user, the person who commits the violation is guilty of a Class A misdemeanor as specified in s. 939.51 (3) (a).

SB307,34 Section 34. 349.06 (1) (a) of the statutes is amended to read:

SB307,18,4 349.06 (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.

SB307,35 Section 35. Initial applicability.

SB307,18,11 (1) The treatment of sections 340.01 (74p), 343.30 (1), 343.31 (2t) (a) 4. and 5., (2v), and (3) (a), (c), and (f), 343.38 (1) and (3), 345.47 (1) (intro.), 345.60 (1) and (5), 346.17 (4) and (6), 346.22 (1) (a), (b), (d), and (e), (3), and (5), 346.30 (5), 346.36 (3), 346.43 (4), 346.49 (5), 346.56 (5), 346.60 (6), 346.65 (3m), (3p), and (3r), 346.74 (7), 346.82 (3), 346.95 (1), (2), and (12), and 349.06 (1) (a) of the statutes first applies to violations committed on the effective date of this subsection.

SB307,18,14 (2) The treatment of sections 38.04 (4) (e) 7., 115.28 (11) (g), and 343.71 (5) (g) of the statutes first applies to driver education courses that begin on the effective date of this subsection.

SB307,36 Section 36. Effective date.

SB307,18,17 (1) This act takes effect on the first day of the 4th month beginning after publication.

SB307,18,18 (End)