AB432: Bill Text

This bill requires DOT to permanently revoke the operating privilege of a person who meets either of the following requirements:

1. The person has committed five or more OWI offenses.

2. The person has committed three or more OWI offenses and has two or more "qualifying convictions." A qualifying conviction is 1) a conviction for certain homicides that involve the use of a motor vehicle or 2) a conviction for certain felonies involving the use of a motor vehicle.

A person whose operating privilege is revoked under this bill is not eligible for an occupational license. After ten years of the revocation period have elapsed, the person, however, may apply for reinstatement of his or her operating privilege. DOT may reinstate the person's operating privilege if the person meets the general requirements for reinstatement and all of the following apply: 1) the person has not been convicted of a felony or a misdemeanor during the ten-year period immediately preceding the application for reinstatement; and 2) the person submits to and complies with an assessment by an approved public treatment facility for examination of the person's use of alcohol and controlled substances and development of a driver safety plan for the person.

Current law prohibits a person from operating a motor vehicle on a highway during any period in which the person's motor vehicle operating privilege is revoked (operating after revocation or OAR). Under current law, a person convicted of OAR is subject to a forfeiture of not more than $2,500 unless certain penalty enhancing conditions apply. Among these, if the underlying revocation was the result of specified traffic violations involving alcohol or controlled substances, the person convicted of OAR is subject to a fine of not more than $2,500 or imprisonment for not more than one year, or both.

Under this bill, a person convicted of a second or subsequent OAR based on a permanent revocation, as provided in this bill, is subject to a fine of not more than $10,000 or imprisonment for not more than one year, or both.

Because this bill proposes to revoke a person's operating privilege upon conviction for an offense, the Department of Transportation, as required by law, will prepare a report to be printed as an appendix to this bill.

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:

AB432,1 Section 1. 343.31 (1m) of the statutes is created to read:

AB432,3,3 343.31 (1m) (a) In this subsection, "qualifying conviction" means any of the following:

AB432,3,5 1. A conviction for a violation under s. 940.06, 940.09, or 940.10 involving the use of a vehicle.

AB432,3,7 2. A conviction for a crime punishable as a felony under chs. 341 to 348 or a felony in the commission of which a motor vehicle is used.

AB432,3,13 (b) If the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other convictions, suspensions, and revocations counted under s. 343.307 (1), equals 5 or more, the department shall revoke the person's operating privilege permanently. The person is not eligible for an occupational license under s. 343.10. After 10 years of the revocation period have elapsed, the person may apply for reinstatement under s. 343.38.

AB432,3,20 (c) If the number of convictions under ss. 940.09 (1) and 940.25 in the person's lifetime, plus the total number of other convictions, suspensions, and revocations counted under s. 343.307 (1) within a 25-year period, equals 3 or more, and the person has 2 or more qualifying convictions, the department shall revoke the person's operating privilege permanently. The person is not eligible for an occupational license under s. 343.10. After 10 years of the revocation period have elapsed, the person may apply for reinstatement under s. 343.38.

AB432,2 Section 2. 343.31 (3) (a) of the statutes is amended to read:

AB432,3,24 343.31 (3) (a) Except as otherwise provided in this subsection or sub. (1m), (2m), (2s), (2t), or (2x), all revocations or suspensions under this section shall be for a period of one year.

AB432,3 Section 3. 343.38 (1) (intro.) of the statutes is amended to read:

AB432,4,4 343.38 (1) Reinstatement after revocation. (intro.) Except as provided in ss. 343.10, 343.31 (1m), 343.39, and 351.07, the department shall not reinstate the operating privilege of a person whose operating privilege has been duly revoked unless the period of revocation has expired and the person:

AB432,4 Section 4. 343.38 (1) (c) 1. of the statutes is amended to read:

AB432,4,12 343.38 (1) (c) 1. Except as provided in subd. 2., files and maintains with the department proof of financial responsibility in the amount, form and manner specified in ch. 344. This Except for a reinstatement under s. 343.31 (1m), this subdivision does not apply after 3 years have elapsed since the expiration of the period of revocation. For a reinstatement under s. 343.31 (1m), this subdivision does not apply to a person after 3 years have elapsed since the reinstatement of the operating privilege of the person.

AB432,5 Section 5. 343.38 (1) (d) of the statutes is created to read:

AB432,4,15 343.38 (1) (d) If the person's operating privilege has been revoked under s. 343.31 (1m), satisfies all of the following:

AB432,4,17 1. The person has not been convicted of a felony or a misdemeanor during the 10-year period immediately preceding the application for reinstatement.

AB432,4,22 2. Not more than 45 days before applying for reinstatement, the person submits to and complies with an assessment by an approved public treatment facility, as defined in s. 51.45 (2) (c), for examination of the person's use of alcohol, controlled substances, or controlled substance analogs and development of a driver safety plan for the person.

AB432,6 Section 6. 343.44 (2) (ar) 2. of the statutes is amended to read:

AB432,5,2 343.44 (2) (ar) 2. Except as provided in subds. 2m., 3., and 4., any person who violates sub. (1) (b) shall be fined not more than $2,500 or imprisoned for not more than one year in the county jail or both if the revocation identified under sub. (1) (b) resulted from an offense that may be counted under s. 343.307 (2).

AB432,7 Section 7. 343.44 (2) (ar) 2m. of the statutes is created to read:

AB432,5,8 343.44 (2) (ar) 2m. Except as provided in subds. 3. and 4., any person who violates sub. (1) (b) shall be fined not more than $10,000 or imprisoned for not more than one year or both if the revocation identified under sub. (1) (b) is under s. 343.31 (1m) and the person has been previously convicted of a violation of sub. (1) (b) where the revocation identified under sub. (1) (b) was under s. 343.31 (1m).

AB432,8 Section 8. 343.44 (2p) (intro.) of the statutes is amended to read:

AB432,5,14 343.44 (2p) Sentencing option. (intro.) The legislature intends that courts use the sentencing option under s. 973.03 (4) whenever appropriate for persons subject to sub. (2) to provide cost savings for the state and for local governments. This option shall not be used if the revocation is a permanent revocation under s. 343.31 (1m) or if the suspension or revocation was for one of the following:

AB432,9 Section 9. Initial applicability.

AB432,5,19 (1) This act first applies to violations committed on the effective date of this subsection, but does not preclude the counting of other convictions, suspensions, or revocations as prior convictions, suspensions, or revocations for purposes of administrative action by the department.

AB432,5,20 (End)