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:
SB478, s. 1 1Section 1. 343.32 (2) (bk) of the statutes is created to read:
SB478,3,32 343.32 (2) (bk) The scale adopted by the secretary shall assess, for each
3conviction, 6 demerit points for a violation of s. 346.70 (1) by the operator of a vehicle.
SB478, s. 2 4Section 2. 346.70 (title) of the statutes is amended to read:
SB478,3,5 5346.70 (title) Duty to report accident; assistance following accident.
SB478, s. 3 6Section 3. 346.70 (1) of the statutes is amended to read:
SB478,4,27 346.70 (1) Immediate notice of accident. The operator or occupant of a vehicle
8involved in an accident resulting in injury to or death of any person, any damage to
9state or other government-owned property, except a state or other
10government-owned vehicle, to an apparent extent of $200 or more, or total damage
11to property owned by any one person or to a state or other government-owned vehicle
12to an apparent extent of $1,000 or more shall immediately by the quickest means of
13communication give notice of such accident to the police department, the sheriff's
14department or the traffic department of the county or municipality in which the
15accident occurred or to a state traffic patrol officer. In this subsection, "injury" means
16injury to a person of a physical nature resulting in death or the need of first aid or
17attention by a physician or surgeon, whether or not first aid or medical or surgical
18treatment was actually received; "total damage to property owned by one person"
19means the sum total cost of putting the property damaged in the condition it was
20before the accident, if repair thereof is practical, and if not practical, the sum total
21cost of replacing such property. For purposes of this subsection if any property which

1is damaged is held in a form of joint or multiple ownership, the property shall be
2considered to be owned by one person.
SB478, s. 4 3Section 4. 346.70 (1m) of the statutes is created to read:
SB478,4,84 346.70 (1m) Assistance following an accident. (a) 1. No person in the
5business of towing, recovery, or repair of motor vehicles may contract for retrieval,
6recovery, or removal from the scene of a traffic accident described in sub. (1) of any
7motor vehicle that has sustained damage unless the person has been contacted by
8a law enforcement agency.
SB478,4,139 2. No person in the business of towing, recovery, or repair of motor vehicles may
10retrieve, recover, or remove from the scene of a traffic accident described in sub. (1)
11any motor vehicle that has sustained damage unless a law enforcement officer is
12present or has given prior approval for the retrieval, recovery, or removal of the
13vehicle.
SB478,4,1614 3. This paragraph does not apply with respect to removal of a motor vehicle
15from the roadway at the scene of an accident if such removal is necessary to avoid
16imminent danger to motorists or other persons.
SB478,4,2117 (b) No person may assist, by any means, an operator or occupant of a motor
18vehicle involved in an accident as described in sub. (1) unless the person has first
19reported the accident to a law enforcement agency or has verified that another
20person has already reported the accident to a law enforcement agency. This
21paragraph does not apply to any of the following:
SB478,4,2322 1. A physician, nurse, or other person whose profession involves rendering
23medical assistance.
SB478,4,2524 2. Any person who is not related by blood or marriage to, or closely acquainted
25with, the operator or occupant of the motor vehicle.
SB478,5,1
13. Any person who has no knowledge that there was a traffic accident.
SB478, s. 5 2Section 5. 346.70 (3) of the statutes is amended to read:
SB478,5,103 346.70 (3) Who to report when operator unable. Whenever the operator of
4a vehicle is physically incapable of giving the notice and making the report required
5by subs. (1) and (2), the owner of the vehicle involved in the accident shall give the
6notice and make the report required by subs. (1) and (2). If the owner of the vehicle
7is physically or mentally incapable of giving the notice and making the report
8required by subs. (1) and sub. (2), and if there was another occupant in the vehicle
9at the time of the accident capable of giving the notice and making the report, the
10occupant shall give the notice and make the report.
SB478, s. 6 11Section 6. 346.74 (2) of the statutes is amended to read:
SB478,5,1512 346.74 (2) Any person violating s. 346.70 (1), (2) or (3), 346.71 or 346.73 may
13be required to forfeit not less than $40 nor more than $200 for the first offense and
14may be required to forfeit not less than $100 nor more than $500 for the 2nd or
15subsequent conviction within a year.
SB478, s. 7 16Section 7. 346.74 (2g) of the statutes is created to read:
SB478,5,2017 346.74 (2g) Any operator of a vehicle, and any occupant of a vehicle who is at
18least 16 years of age, who violates s. 346.70 (1) may be required to forfeit not less than
19$200 nor more than $500 for the first offense and may be required to forfeit not less
20than $300 nor more than $500 for the 2nd or subsequent conviction within a year.
SB478, s. 8 21Section 8. 346.74 (2r) of the statutes is created to read:
SB478,5,2322 346.74 (2r) Any person violating s. 346.70 (1m) may be required to forfeit not
23less than $40 nor more than $200.
SB478, s. 9 24Section 9. Initial applicability.
SB478,6,3
1(1) This act first applies to violations committed on the effective date of this
2subsection, but does not preclude the counting of other violations as prior violations
3for purposes of sentencing a person.
SB478, s. 10 4Section 10. Effective date.
SB478,6,65 (1) This act takes effect on the first day of the 4th month beginning after
6publication.
SB478,6,77 (End)
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