ARG:nwn&jld:rs
2009 - 2010 LEGISLATURE
April 2, 2009 - Introduced by Representatives Krusick, Gundrum, Stone, Ballweg,
Cullen, Gunderson, Kaufert, Kerkman, Kleefisch, Knodl, LeMahieu,
Lothian, Mursau, Nass, Nygren, A. Ott, J. Ott, Pridemore, Ripp, Spanbauer,
Suder, Townsend, Turner, Zipperer
and Zepnick, cosponsored by Senators
Carpenter, Lazich, Darling, Grothman, Kanavas, A. Lasee, Lehman, Plale
and Schultz, by request of the family of Nicholas Dams, the family of Kristy
Wanek, Greendale Police Chief Rob Dams, father of Nicholas, Wisconsin
Chiefs of Police Association, Wisconsin County Police Association, Milwaukee
Police Association, Milwaukee County Law Enforcement Executives
Association, Milwaukee Deputy Sheriffs' Association, Milwaukee County
District Attorney John Chisholm. Referred to Committee on Judiciary and
Ethics.
AB181,1,8 1An Act to repeal 343.05 (5) (b) 3., 343.31 (1) (hm), 343.44 (1) (am), 343.44 (2) (am)
2and 343.44 (2) (e) to (h); to renumber 343.05 (5) (a); to renumber and amend
3343.44 (2) (a) and 343.44 (2) (as); to amend 343.05 (5) (b) 1., 343.30 (1g), 343.30
4(2j) (a), 343.31 (2m) and 343.44 (2) (b) (intro.); and to create 343.05 (5) (ag),
5343.05 (5) (b) 4. and 5., 343.30 (1d), 343.30 (1g) (c), 343.44 (2) (ad), 343.44 (2)
6(ag) 2. and 3., 343.44 (2) (ar) 3. and 4. and 343.44 (2) (br) of the statutes;
7relating to: operating a motor vehicle without a valid driver's license or after
8suspension or revocation of an operating privilege and providing penalties.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from operating a motor vehicle on the highway
during any period in which the person's motor vehicle operating privilege is
suspended (operating while suspended or OWS) or revoked (operating after
revocation or OAR) or, with limited exceptions, if the person does not possess a valid
operator's license (operating without a license or OWL).
Under current law, a person convicted of OWS must forfeit not less than $50 nor
more than $200. In addition, a person convicted of "knowing" OWS may be required
to forfeit not more than $200. A person convicted of first-offense OAR must forfeit
not more than $2,500 unless the underlying operating privilege revocation was the

result of specified traffic violations involving alcohol or controlled substances. A
person convicted of OAR who has a prior conviction in the preceding five-year period
under state statutes for OAR (but not under a local ordinance) or for whom the
underlying operating privilege revocation was the result of specified traffic
violations involving alcohol or controlled substances must be fined not more than
$2,500 or imprisoned for not more than one year or both. Also under current law, as
created in 2005 Wisconsin Act 412, a person who, in the course of a "knowing" OWS
violation or OAR violation, causes: 1) damage to the property of another must forfeit
$1,000; 2) injury to another person must forfeit $5,000; or 3) great bodily harm or
death to another person is guilty of a Class A misdemeanor, punishable by a
maximum fine of $10,000 or a maximum term of imprisonment of nine months or
both.
Under current law, with limited exceptions, a person convicted of OWL with
respect to a motor vehicle that is not a commercial motor vehicle may be required to
forfeit not more than $200 for the first offense, may be fined not more than $300 and
imprisoned for not more than 30 days for the second offense occurring within three
years, and may be fined not more than $500 and imprisoned for not more than six
months for the third or subsequent offense occurring within three years. Under one
exception, if the OWL violation results from the person's operator's license being
expired for not more than three months and the person has no prior OWL convictions,
the person may be required to forfeit not more than $100 for the OWL violation.
Under another exception, as created in 2005 Wisconsin Act 412, if, in the course of
operating the vehicle knowingly without a valid operator's license or knowingly with
an operator's license that has been revoked, suspended, or canceled, the person
causes: 1) damage to the property of another, the person must forfeit $1,000; 2) injury
to another person, the person must forfeit $5,000; or 3) great bodily harm or death
to another person, the person is guilty of a Class A misdemeanor.
This bill repeals "knowing" OWS as a separate and distinct violation and
repeals all other provisions of 2005 Wisconsin Act 412. The bill creates new penalties
for OWS, OAR, and OWL violations in which the person, in the course of the
violation, causes great bodily harm or death to another person.
Under the bill, a person convicted of OWL or OWS who, in the course of the
violation, causes great bodily harm to another person: 1) must forfeit not less than
$5,000 nor more than $7,500 if, at the time of the violation, the person did not know,
respectively, that he or she did not possess a valid operator's license or that his or her
operating privilege was suspended; or 2) is guilty of a Class I felony if the person
knew. A Class I felony is punishable by a maximum fine of $10,000 or a maximum
term of imprisonment of three and one-half years or both. If the person causes the
death of another in the course of the OWL or OWS violation, the person: 1) must
forfeit not less than $7,500 nor more than $10,000 if the person did not know,
respectively, that he or she did not possess a valid operator's license or that his or her
operating privilege was suspended; or 2) is guilty of a Class H felony if the person
knew. A Class H felony is punishable by a maximum fine of $10,000 or a maximum
term of imprisonment of six years or both. A person convicted of OAR who, in the
course of the violation, causes great bodily harm to another person: 1) must be fined

not less than $5,000 nor more than $7,500 or imprisoned for not more than one year
or both if, at the time of the violation, the person did not know that his or her
operating privilege was revoked; or 2) is guilty of a Class I felony if the person knew.
If the person causes the death of another in the course of the OAR violation, the
person: 1) must be fined not less than $7,500 nor more than $10,000 or imprisoned
for not more than one year or both if the person did not know that his or her operating
privilege was revoked; or 2) is guilty of a Class H felony if the person knew.
Under current law, a court may suspend a person's operating privilege for any
period not exceeding six months upon the person's conviction for OAR or OWS or
operating a commercial motor vehicle during a period in which the person is
disqualified (operating while disqualified or OWD). However, a court must revoke
a person's operating privilege, for a period of six months or less, upon the person's
conviction for OAR, OWS, or OWD if the person has been convicted of three or more
prior violations of OAR, OWS, or OWD within the preceding five-year period. In
addition, the Department of Transportation (DOT) must administratively revoke a
person's operating privilege, for a period of six months unless the court has ordered
a revocation for a lesser period, upon receiving a record of conviction showing that
the person has been convicted of OAR, OWS, or OWD if the person has been convicted
of three or more prior violations of OAR, OWS, or OWD within the preceding
five-year period.
This bill makes court-ordered operating privilege revocation for a fourth
offense OAR, OWS, or OWD permissive rather than mandatory and eliminates the
requirement that DOT administratively revoke a person's operating privilege for a
fourth offense OAR, OWS, or OWD. In addition, the bill requires a court to revoke
a person's operating privilege if the person is convicted of OWL, OWS, or OAR and,
in the course of the violation, the person causes great bodily harm or death to another
person. The bill also provides that, as with OWS and OAR, DOT may revoke a
resident's operating privilege if the resident is convicted in another state for an OWL
offense in the course of which the person causes great bodily harm or death to another
person.
Under current law, a vehicle operator may not drive on or across a railroad
crossing while any traffic officer or railroad employee signals to stop, while any
warning device signals to stop, or, if any crossbuck sign is maintained at the crossing,
while any train occupies or closely approaches the crossing. A vehicle operator may
not drive through or around any crossing gate or barrier at a railroad crossing while
the gate or barrier is closed or is being opened or closed. A court may revoke a
person's operating privilege upon the person's first conviction of any of these
violations and must revoke the person's operating privilege upon the person's second
or subsequent conviction within a five-year period. The revocation is for six months.
This bill provides for suspension of a person's operating privilege, rather than
revocation of the person's operating privilege, for any of these violations.
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 concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.

For further information see the state 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:
AB181, s. 1 1Section 1. 343.05 (5) (a) of the statutes is renumbered 343.05 (5) (am).
AB181, s. 2 2Section 2. 343.05 (5) (ag) of the statutes is created to read:
AB181,4,43 343.05 (5) (ag) In this subsection, "great bodily harm" has the meaning given
4in s. 939.22 (14).
AB181, s. 3 5Section 3. 343.05 (5) (b) 1. of the statutes is amended to read:
AB181,4,146 343.05 (5) (b) 1. Except as provided in subd. subds. 2. or 3. to 5. and sub. (6),
7any person who violates sub. (3) (a) may be required to forfeit not more than $200 for
8the first offense, may be fined not more than $300 and imprisoned for not more than
930 days for the 2nd offense occurring within 3 years, and may be fined not more than
10$500 and imprisoned for not more than 6 months for the 3rd or subsequent offense
11occurring within 3 years. A In this paragraph, a violation of a local ordinance in
12conformity with this section or a violation of a law of a federally recognized American
13Indian tribe or band in this state in conformity with this section shall count as a
14previous offense.
AB181, s. 4 15Section 4. 343.05 (5) (b) 3. of the statutes is repealed.
AB181, s. 5 16Section 5. 343.05 (5) (b) 4. and 5. of the statutes are created to read:
AB181,4,2117 343.05 (5) (b) 4. Except as provided in subd. 2. and sub. (6), any person who
18violates sub. (3) (a) and, in the course of the violation, causes great bodily harm to
19another person is required to forfeit not less than $5,000 nor more than $7,500,
20except that, if the person knows at the time of the violation that he or she does not
21possess a valid operator's license, the person is guilty of a Class I felony.
AB181,5,5
15. Except as provided in subd. 2. and sub. (6), any person who violates sub. (3)
2(a) and, in the course of the violation, causes the death of another person is required
3to forfeit not less than $7,500 nor more than $10,000, except that, if the person knows
4at the time of the violation that he or she does not possess a valid operator's license,
5the person is guilty of a Class H felony.
AB181, s. 6 6Section 6. 343.30 (1d) of the statutes is created to read:
AB181,5,137 343.30 (1d) A court shall revoke a person's operating privilege upon the
8person's conviction for violating s. 343.05 (3) (a) or a local ordinance in conformity
9therewith if the person, in the course of the violation, causes great bodily harm, as
10defined in s. 939.22 (14), to another person or the death of another person. Any
11revocation under this subsection shall be for a period of 6 months, unless the court
12orders a period of revocation of less than 6 months and places its reasons for ordering
13the lesser period of revocation on the record.
AB181, s. 7 14Section 7. 343.30 (1g) of the statutes is amended to read:
AB181,5,1815 343.30 (1g) (a) Except as provided in par. Subject to pars. (b) and (c), a court
16may suspend a person's operating privilege for any period not exceeding 6 months
17upon the person's conviction for violating s. 343.44 (1) (a), (b), or (d) or a local
18ordinance in conformity therewith.
AB181,5,2419 (b) A Except as provided in par. (c), a court shall may revoke a person's
20operating privilege upon the person's conviction for violating s. 343.44 (1) (a), (b), or
21(d) or a local ordinance in conformity therewith if the person has been convicted of
223 or more prior violations of s. 343.44 (1) (a), (b), or (d), or similar violations under
23s. 343.44 (1), 1997 stats., or a local ordinance in conformity therewith, within the
245-year period preceding the violation. The
AB181,6,3
1(d) Any revocation under this subsection shall be for a period of 6 months,
2unless the court orders a period of revocation of less than 6 months and places its
3reasons for ordering the lesser period of revocation on the record.
AB181, s. 8 4Section 8. 343.30 (1g) (c) of the statutes is created to read:
AB181,6,95 343.30 (1g) (c) A court shall revoke a person's operating privilege upon the
6person's conviction for violating s. 343.44 (1) (a) or (b), or a local ordinance in
7conformity with s. 343.44 (1) (a), if the person, in the course of the violation, causes
8great bodily harm, as defined in s. 939.22 (14), to another person or the death of
9another person.
AB181, s. 9 10Section 9. 343.30 (2j) (a) of the statutes is amended to read:
AB181,6,2011 343.30 (2j) (a) A court may revoke suspend a person's operating privilege upon
12the person's first conviction for violating s. 346.44 or 346.62 (2m) and shall revoke
13suspend a person's operating privilege upon the person's 2nd or subsequent
14conviction within a 5-year period for violating s. 346.44 or 346.62 (2m). The
15revocation suspension shall be for a period of 6 months. For purposes of determining
16prior convictions for purposes of this paragraph, the 5-year period shall be measured
17from the dates of the violations that resulted in the convictions. Each conviction
18under s. 346.44 or 346.62 (2m) shall be counted, except that convictions under s.
19346.44 and 346.62 (2m) arising out of the same incident or occurrence shall be
20counted as a single conviction.
AB181, s. 10 21Section 10. 343.31 (1) (hm) of the statutes is repealed.
AB181, s. 11 22Section 11. 343.31 (2m) of the statutes is amended to read:
AB181,7,923 343.31 (2m) The department may suspend or revoke, respectively, the
24operating privilege of any resident upon receiving notice of the conviction of that
25person under a law of another jurisdiction or a federally recognized American Indian

1tribe or band in this state for an offense which, if the person had committed the
2offense in this state and been convicted of the offense under the laws of this state,
3would have permitted suspension or revocation of the person's operating privilege
4under s. 343.30 (1d) or (1g). Upon receiving similar notice with respect to a
5nonresident, the department may suspend or revoke the privilege of the nonresident
6to operate a motor vehicle in this state. The suspension or revocation shall not apply
7to the operation of a commercial motor vehicle by a nonresident who holds a valid
8commercial driver license issued by another state. A suspension or revocation under
9this subsection shall be for any period not exceeding 6 months.
AB181, s. 12 10Section 12. 343.44 (1) (am) of the statutes is repealed.
AB181, s. 13 11Section 13. 343.44 (2) (a) of the statutes is renumbered 343.44 (2) (ag) 1. and
12amended to read:
AB181,7,1513 343.44 (2) (ag) 1. Any Except as provided in subds. 2. and 3., any person who
14violates sub. (1) (a) or a local ordinance in conformity therewith shall be required to
15forfeit not less than $50 nor more than $200.
AB181, s. 14 16Section 14. 343.44 (2) (ad) of the statutes is created to read:
AB181,7,1817 343.44 (2) (ad) In this subsection, "great bodily harm" has the meaning given
18in s. 939.22 (14).
AB181, s. 15 19Section 15. 343.44 (2) (ag) 2. and 3. of the statutes are created to read:
AB181,7,2420 343.44 (2) (ag) 2. Any person who violates sub. (1) (a) and, in the course of the
21violation, causes great bodily harm to another person is required to forfeit not less
22than $5,000 nor more than $7,500, except that, if the person knows at the time of the
23violation that his or her operating privilege has been suspended, the person is guilty
24of a Class I felony.
AB181,8,4
13. Any person who violates sub. (1) (a) and, in the course of the violation, causes
2the death of another person is required to forfeit not less than $7,500 nor more than
3$10,000, except that, if the person knows at the time of the violation that his or her
4operating privilege has been suspended, the person is guilty of a Class H felony.
AB181, s. 16 5Section 16. 343.44 (2) (am) of the statutes is repealed.
AB181, s. 17 6Section 17. 343.44 (2) (ar) 3. and 4. of the statutes are created to read:
AB181,8,117 343.44 (2) (ar) 3. Any person who violates sub. (1) (b) and, in the course of the
8violation, causes great bodily harm to another person shall be fined not less than
9$5,000 nor more than $7,500 or imprisoned for not more than one year in the county
10jail or both, except that, if the person knows at the time of the violation that his or
11her operating privilege has been revoked, the person is guilty of a Class I felony.
AB181,8,1612 4. Any person who violates sub. (1) (b) and, in the course of the violation, causes
13the death of another person shall be fined not less than $7,500 nor more than $10,000
14or imprisoned for not more than one year in the county jail or both, except that, if the
15person knows at the time of the violation that his or her operating privilege has been
16revoked, the person is guilty of a Class H felony.
AB181, s. 18 17Section 18. 343.44 (2) (as) of the statutes is renumbered 343.44 (2) (ar) 1. and
18amended to read:
AB181,8,2019 343.44 (2) (ar) 1. Any Except as provided in subds. 2. to 4., any person who
20violates sub. (1) (b) after July 27, 2005, shall forfeit not more than $2,500, except that,
AB181,9,2 212. Except as provided in subds. 3. and 4., any person who violates sub. (1) (b)
22shall be fined not more than $2,500 or imprisoned for not more than one year in the
23county jail or both
if the person has been convicted of a previous violation of sub. (1)
24(b) within the preceding 5-year period or if the revocation identified under sub. (1)

1(b) resulted from an offense that may be counted under s. 343.307 (2), the penalty
2under par. (b) shall apply
.
AB181, s. 19 3Section 19. 343.44 (2) (b) (intro.) of the statutes is amended to read:
AB181,9,84 343.44 (2) (b) (intro.) Except as provided in pars. (am) and (as), any person who
5violates sub. (1) (b) or (d) shall be fined not more than $2,500 or imprisoned for not
6more than one year in the county jail or both.
In imposing a sentence under this
7paragraph, or a local ordinance in conformity with this paragraph,
par. (ar) or (br),
8the court shall review the record and consider the following:
AB181, s. 20 9Section 20. 343.44 (2) (br) of the statutes is created to read:
AB181,9,1110 343.44 (2) (br) Any person who violates sub. (1) (d) shall be fined not more than
11$2,500 or imprisoned for not more than one year in the county jail or both.
AB181, s. 21 12Section 21. 343.44 (2) (e) to (h) of the statutes are repealed.
AB181, s. 22 13Section 22. Initial applicability.
AB181,9,1614 (1) This act first applies to violations committed on the effective date of this
15subsection, but does not preclude the counting of other violations as prior violations
16for purposes of sentencing a person.
AB181, s. 23 17Section 23. Effective date.
AB181,9,1918 (1) This act takes effect on the first day of the 3rd month beginning after
19publication.
AB181,9,2020 (End)
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