2. Under current law, a person who is guilty of an OWL violation is subject to
a forfeiture of up to $200 for a first offense, with increasing penalties for certain
second and third offenses. Under the bill, a person who is guilty of a second or
subsequent OWL violation is guilty of a Class A misdemeanor. The bill also provides
that a person who accumulates four or more convictions of OWL is a habitual traffic
offender.
3. Under current law, a person who is guilty of an OWL violation that causes
great bodily harm or death to another is subject to a fine of up to $7,500 and $10,000,
respectively. Under the bill, the person is guilty of a Class H and Class F felony,
respectively.
4. Under current law, a person who is guilty of an OWL violation that causes
great bodily harm or death to another and who knew that he or she was operating
without a license at the time of the violation is guilty of a Class I and Class H felony,
respectively. The bill increases these penalties to a Class G and Class E felony,
respectively.
Operating while suspended or after revocation
1. Under current law, a person who is guilty of OWS or OAR is subject to a
forfeiture of up to $200 and $2,500, respectively. Under the bill, the person is guilty
of a Class B and Class A misdemeanor, respectively.
2. Under current law, a person who is guilty of OAR and whose license was
revoked for operating while intoxicated or a related violation is subject to a fine of
up to $2,500 and up to one year of imprisonment. Under the bill, the person is guilty
of a Class I felony.
3. Under current law, a person who is guilty of OAR and who has previously
been convicted of an OAR violation where the revocation was for certain qualifying
convictions (generally, felonies involving the use of a vehicle) is subject to a fine of
up to $10,000 and up to one year of imprisonment. Under the bill, the person is guilty
of a Class I felony.
4. Under current law, a person who is guilty of an OWS or OAR violation that
causes great bodily harm or death to another is subject to a fine of up to $7,500 and
$10,000, respectively. Under the bill, the person is guilty of a Class H and Class F
felony, respectively.
5. Under current law, a person who is guilty of an OWS or OAR violation that
causes great bodily harm or death to another and who knew that his or her license
was suspended or revoked at the time of the violation is guilty of a Class I and Class
H felony, respectively. The bill increases these penalties to a Class G and Class E
felony, respectively.
6. The bill creates new penalties that provide that a person who is guilty of OAR
and whose license was revoked for any violation of state or local traffic laws or
ordinances, or for habitual traffic offender status, is guilty of a Class I felony.
7. The bill provides that a person who accumulates four or more convictions of
OWS or OAR is a habitual traffic offender.
AB421,3,22 This table lists the penalty classifications for the crimes: - See PDF for table PDF
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB421,1 23Section 1. 343.05 (5) (am) of the statutes is repealed and recreated to read:
AB421,3,2524 343.05 (5) (am) Any person who violates sub. (1) or (2) is guilty of a Class B
25misdemeanor.
AB421,2 26Section 2. 343.05 (5) (b) 1. of the statutes is amended to read:
AB421,4,227 343.05 (5) (b) 1. Except as provided in subds. 2. to 5. and sub. (6), any person
28who violates sub. (3) (a) may be required to forfeit not more than $200 for the first
29offense, may be fined not more than $300 and imprisoned for not more than 30 days
30for the 2nd offense occurring within 3 years, and may be fined not more than $500
31and imprisoned for not more than 6 months for the 3rd or subsequent offense
32occurring within 3 years
. For a 2nd or subsequent offense, the person is guilty of a
33Class A misdemeanor.
In this paragraph, a violation of a local ordinance in
34conformity with this section or a violation of a law of a federally recognized American

1Indian tribe or band in this state in conformity with this section shall count as a
2previous offense.
AB421,3 3Section 3. 343.05 (5) (b) 4. of the statutes is amended to read:
AB421,4,94 343.05 (5) (b) 4. Except as provided in subd. 2. and sub. (6), any person who
5violates sub. (3) (a) and, in the course of the violation, causes great bodily harm to
6another person is required to forfeit not less than $5,000 nor more than $7,500 guilty
7of a Class H felony
, except that, if the person knows at the time of the violation that
8he or she does not possess a valid operator's license, the person is guilty of a Class
9 I G felony.
AB421,4 10Section 4. 343.05 (5) (b) 5. of the statutes is amended to read:
AB421,4,1611 343.05 (5) (b) 5. Except as provided in subd. 2. and sub. (6), any person who
12violates sub. (3) (a) and, in the course of the violation, causes the death of another
13person is required to forfeit not less than $7,500 nor more than $10,000 guilty of a
14Class F felony
, except that, if the person knows at the time of the violation that he
15or she does not possess a valid operator's license, the person is guilty of a Class H E
16felony.
AB421,5 17Section 5. 343.44 (2) (a) of the statutes is created to read:
AB421,4,1918 343.44 (2) (a) 1. Except as provided in subds. 5. and 6., any person who violates
19sub. (1) (a) is guilty of a Class B misdemeanor.
AB421,4,2120 2. Except as provided in subds. 3. to 6., any person who violates sub. (1) (b) is
21guilty of a Class A misdemeanor.
AB421,4,2322 3. Except as provided in subds. 4. to 6., any person who violates sub. (1) (b) is
23guilty of a Class I felony if any of the following applies:
AB421,4,2424 a. The person's license was revoked under s. 351.025.
AB421,5,2
1b. The person's license was revoked for an offense that may be counted under
2s. 343.307 (2).
AB421,5,33 c. The person's license was revoked for any violation of ch. 346, 349, or 940.
AB421,5,64 4. Except as provided in subds. 5. and 6., any person who has previously been
5convicted of a violation of sub. (1) (b) where the revocation was under s. 343.31 (1m)
6and who violates sub. (1) (b) is guilty of a Class H felony.
AB421,5,107 5. If a person violates sub. (1) (a) or (b) and the violation results in great bodily
8harm, as defined in s. 939.22 (14), to another, the person is guilty of a Class H felony,
9except that if the person knows at the time of the violation that his or her operating
10privilege has been suspended or revoked, the person is guilty of a Class G felony.
AB421,5,1411 6. If a person violates sub. (1) (a) or (b) and the violation results in the death
12of another, the person is guilty of a Class F felony, except that if the person knows
13at the time of the violation that his or her operating privilege has been suspended
14or revoked, the person is guilty of a Class E felony.
AB421,6 15Section 6. 343.44 (2) (ad) of the statutes is repealed.
AB421,7 16Section 7. 343.44 (2) (ag) of the statutes is repealed.
AB421,8 17Section 8. 343.44 (2) (ar) of the statutes is repealed.
AB421,9 18Section 9. 343.44 (2) (b) (intro.) of the statutes is amended to read:
AB421,5,2119 343.44 (2) (b) (intro.) In imposing a sentence under par. (ar) (a) for a violation
20of sub. (1) (b)
or under par. (br), the court may review the record and consider the
21following:
AB421,10 22Section 10. 351.02 (1) (a) 11. of the statutes is created to read:
AB421,5,2523 351.02 (1) (a) 11. Operating without a license under s. 343.05 (3) (a), operating
24while suspended under s. 343.44 (1) (a), or operating while revoked under s. 343.44
25(1) (b).
AB421,11
1Section 11. Initial applicability.
AB421,6,32 (1) This act first applies to violations committed on the effective date of this
3subsection.
AB421,6,44 (End)
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