AB92: Bill Text

AB92,4,20 344.26 (1) (am) Any operating privilege or registration suspended under s. 344.25 (2) shall remain suspended for 5 years from the date of conviction or until the person whose operating privilege and registration was suspended furnishes and maintains in effect proof of financial responsibility for the future.

AB92,7 Section 7. 344.26 (1) (b) (intro.) of the statutes is amended to read:

AB92,5,2 344.26 (1) (b) (intro.) If suspension of any operating privilege or registration under s. 344.25 (1) was terminated before 5 years from the date of entry of judgment because an exception under s. 344.25 (2) (1) (b) or 344.27 (2) applied and the judgment debtor's operating privilege or registration is subsequently suspended under s. 344.25 (2) (1) (b) or 344.27 (3), the operating privilege or registration shall remain suspended for all of the following periods:

AB92,8 Section 8. 344.26 (1) (b) 1. of the statutes is amended to read:

AB92,5,10 344.26 (1) (b) 1. Five years from the date of suspension under s. 344.25 (2) (1) (b) or 344.27 (3) or until the judgment is stayed, satisfied, or discharged, whichever is earlier. A suspension period that commences on the date of suspension under s. 344.25 (2) (1) (b) or 344.27 (3) under this subdivision shall be reduced by the amount of time that the judgment debtor's operating privilege or registration was suspended under s. 344.25 (1) before one of the exceptions under s. 344.25 (2) (1) (b) or 344.27 (2) was satisfied.

AB92,9 Section 9. 344.65 (1) (a) of the statutes is renumbered 344.65 (1) (a) 1. and amended to read:

AB92,5,16 344.65 (1) (a) 1. Any Except as provided in subds. 2. and 3., any person who violates s. 344.62 (1) may be required to forfeit not less than $1,000 nor more than $500 $5,000 for a first offense and not less than $2,500 nor more than $7,500 for a second or subsequent offense occurring within 3 years.

AB92,10 Section 10. 344.65 (1) (a) 2. of the statutes is created to read:

AB92,5,23 344.65 (1) (a) 2. Any person who violates s. 344.62 (1) and, in the course of the violation, causes bodily harm, as defined in s. 939.22 (4), to another person or damage to the property of another person may be required to forfeit not less than $5,000 nor more than $7,500, except that, if the person knows at the time of the violation that he or she does not have in effect a motor vehicle liability policy with respect to the vehicle being operated, the person is guilty of a Class I felony.

AB92,11 Section 11. 344.65 (1) (a) 3. of the statutes is created to read:

AB92,6,5 344.65 (1) (a) 3. Any person who violates s. 344.62 (1) and, in the course of the violation, causes the death of another person may be required to forfeit not less than $7,500 nor more than $10,000, except that, if the person knows at the time of the violation that he or she does not have in effect a motor vehicle liability policy with respect to the vehicle being operated, the person is guilty of a Class H felony.

AB92,12 Section 12. 344.65 (1) (b) of the statutes is amended to read:

AB92,6,11 344.65 (1) (b) Except as provided in par. (c), any person who violates s. 344.62 (2) may be required to forfeit $10 not less than $25 nor more than $125 for the first offense, not less than $150 nor more than $300 for the 2nd offense occurring within 3 years, and not less than $250 nor more than $500 for the 3rd or subsequent offense occurring within 3 years.

AB92,13 Section 13. 344.65 (2) of the statutes is amended to read:

AB92,6,15 344.65 (2) Any person who violates s. 344.64 may be required to forfeit not less than $1,000 nor more than $5,000 for a first offense and not less than $2,500 nor more than $7,500 for a 2nd or subsequent offense occurring within 3 years.

AB92,14 Section 14. 895.0485 of the statutes is created to read:

AB92,6,17 895.0485 Recovery by uninsured operator. (1) In this section:

AB92,6,18 (a) "Motor vehicle" has the meaning given in s. 344.01 (2) (b).

AB92,6,19 (b) "Motor vehicle liability policy" has the meaning given in s. 344.61 (2).

AB92,6,20 (c) "Operator" has the meaning given in s. 344.01 (2) (c).

AB92,6,21 (d) "Uninsured operator" means any of the following:

AB92,6,22 1. A person who owns and operates a motor vehicle in violation of s. 344.62 (1).

AB92,6,23 2. A person who operates a motor vehicle in violation of s. 344.62 (1).

AB92,7,2 (2) An uninsured operator of a motor vehicle which is involved in an accident with a motor vehicle operated by an operator in compliance with s. 344.62 (1) may not recover noneconomic damages arising from the accident from the operator of the motor vehicle operated in compliance with s. 344.62 (1), regardless of fault.

AB92,7,4 (3) In an action brought by an uninsured operator against the operator of a motor vehicle in compliance with s. 344.62 (1), all of the following apply:

AB92,7,7 (a) Any award of damages in favor of the uninsured operator shall be reduced by an amount equal to that portion of the award consisting of compensation for noneconomic damages.

AB92,7,10 (b) If the action is tried by jury, the jury shall not be informed, directly or indirectly, of the effect of operating a motor vehicle that is not in compliance with s. 344.62 (1) has on the recovery of noneconomic damages under this section.

AB92,15 Section 15. Initial applicability.

AB92,7,15 (1) The treatment of sections 344.25 (2m), 344.26 (1) (am), and 344.65 (1) (a) 1., 2., and 3. and (b) and (2) of the statutes first applies to violations committed on the effective date of this subsection, but does not preclude the counting of other violations as prior violations for purposes of sentencing a person.

AB92,7,17 (2) The treatment of section 895.0485 of the statutes first applies to actions or special proceedings commenced on the effective date of this subsection.

AB92,7,18 (End)