AB390: Bill Text

LRB-2411/1

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2017 - 2018 LEGISLATURE

2017 Assembly BILL 390

June 16, 2017 - Introduced by Representatives Jacque, Ballweg, R. Brooks, Horlacher, Kleefisch, Kremer, Murphy, Skowronski and Tusler, cosponsored by Senators Wanggaard, Marklein and L. Taylor. Referred to Committee on Judiciary.

AB390,1,3 An Act to amend 343.44 (1) (b) and 343.44 (2) (b) (intro.) of the statutes; relating to: operating a motor vehicle after revocation of the operating privilege and requirements of the court during sentencing.

Analysis by the Legislative Reference Bureau

Under current law, no person whose operating privilege has been revoked may “knowingly operate a motor vehicle upon any highway in this state during the period of revocation.” This bill eliminates the word “knowingly” from current law and provides that a person's knowledge that his or her operating privilege is revoked is not an element of the offense of operating after revocation (OAR).

Under current law, in imposing a sentence for an OAR violation, the court is required to consider all of the following: 1) aggravating and mitigating circumstances, 2) the class of vehicle operated, 3) the number of prior convictions within the preceding 5 years, 4) the reason for the revocation, and 5) any convictions for moving violations arising out of the incident. This bill provides that the court may consider this information.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB390,1 Section 1. 343.44 (1) (b) of the statutes is amended to read:

AB390,2,10 343.44 (1) (b) Operating while revoked. No person whose operating privilege has been duly revoked under the laws of this state may knowingly operate a motor vehicle upon any highway in this state during the period of revocation or in violation of any restriction on an occupational license issued to the person during the period of revocation. A person's knowledge that his or her operating privilege is revoked is not an element of the offense under this paragraph. In this paragraph, “ restriction on an occupational license" means restrictions imposed under s. 343.10 (5) (a) as to hours of the day, area, routes or purpose of travel, vehicles allowed to be operated, use of an ignition interlock device, sobriety or use of alcohol, controlled substances or controlled substance analogs.

AB390,2 Section 2. 343.44 (2) (b) (intro.) of the statutes is amended to read:

AB390,2,13 343.44 (2) (b) (intro.) In imposing a sentence under par. (ar) or (br), the court shall may review the record and consider the following:

AB390,2,14 (End)