Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB421 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 421
5	5	September 19, 2023 - Introduced by Representatives SPIROS, DITTRICH, DONOVAN,
6	6	EDMING, S. JOHNSON, MURPHY, O'CONNOR, PENTERMAN, SCHUTT and BRANDTJEN,
7	7	cosponsored by Senators WANGGAARD, CABRAL-GUEVARA, HUTTON, JACQUE,
8	8	JAMES, MARKLEIN and TOMCZYK. Referred to Committee on Transportation.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to repeal 343.44 (2) (ad), 343.44 (2) (ag) and 343.44 (2) (ar); to amend
11	11	343.05 (5) (b) 1., 343.05 (5) (b) 4., 343.05 (5) (b) 5. and 343.44 (2) (b) (intro.); to
12	12	repeal and recreate 343.05 (5) (am); and to create 343.44 (2) (a) and 351.02
13	13	(1) (a) 11. of the statutes; relating to: penalties for operating a motor vehicle
14	14	without a license or after license suspension or revocation and providing a
15	15	penalty.
16	16	Analysis by the Legislative Reference Bureau
17	17	Current law prohibits a person from operating a motor vehicle without a valid
18	18	operator's license or while the person's operating privilege has been suspended or
19	19	revoked. This bill increases the penalties for certain violations of operating without
20	20	a license (OWL). The bill also consolidates and modifies the existing penalties for
21	21	operating while suspended (OWS) and operating after revocation (OAR) and
22	22	provides for additional penalties.
23	23	Operating without a license
24	24	1. Under current law, a person who has more than one operator's license at a
25	25	time or who unlawfully operates a commercial motor vehicle is subject to a forfeiture
26	26	of up to $600 and six months imprisonment for a first offense, with increasing
27	27	penalties for subsequent offenses. Under the bill, the person is guilty of a Class B
28	28	misdemeanor.
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36	36	ASSEMBLY BILL 421
37	37	2. Under current law, a person who is guilty of an OWL violation is subject to
38	38	a forfeiture of up to $200 for a first offense, with increasing penalties for certain
39	39	second and third offenses. Under the bill, a person who is guilty of a second or
40	40	subsequent OWL violation is guilty of a Class A misdemeanor. The bill also provides
41	41	that a person who accumulates four or more convictions of OWL is a habitual traffic
42	42	offender.
43	43	3. Under current law, a person who is guilty of an OWL violation that causes
44	44	great bodily harm or death to another is subject to a fine of up to $7,500 and $10,000,
45	45	respectively. Under the bill, the person is guilty of a Class H and Class F felony,
46	46	respectively.
47	47	4. Under current law, a person who is guilty of an OWL violation that causes
48	48	great bodily harm or death to another and who knew that he or she was operating
49	49	without a license at the time of the violation is guilty of a Class I and Class H felony,
50	50	respectively. The bill increases these penalties to a Class G and Class E felony,
51	51	respectively.
52	52	Operating while suspended or after revocation
53	53	1. Under current law, a person who is guilty of OWS or OAR is subject to a
54	54	forfeiture of up to $200 and $2,500, respectively. Under the bill, the person is guilty
55	55	of a Class B and Class A misdemeanor, respectively.
56	56	2. Under current law, a person who is guilty of OAR and whose license was
57	57	revoked for operating while intoxicated or a related violation is subject to a fine of
58	58	up to $2,500 and up to one year of imprisonment. Under the bill, the person is guilty
59	59	of a Class I felony.
60	60	3. Under current law, a person who is guilty of OAR and who has previously
61	61	been convicted of an OAR violation where the revocation was for certain qualifying
62	62	convictions (generally, felonies involving the use of a vehicle) is subject to a fine of
63	63	up to $10,000 and up to one year of imprisonment. Under the bill, the person is guilty
64	64	of a Class I felony.
65	65	4. Under current law, a person who is guilty of an OWS or OAR violation that
66	66	causes great bodily harm or death to another is subject to a fine of up to $7,500 and
67	67	$10,000, respectively. Under the bill, the person is guilty of a Class H and Class F
68	68	felony, respectively.
69	69	5. Under current law, a person who is guilty of an OWS or OAR violation that
70	70	causes great bodily harm or death to another and who knew that his or her license
71	71	was suspended or revoked at the time of the violation is guilty of a Class I and Class
72	72	H felony, respectively. The bill increases these penalties to a Class G and Class E
73	73	felony, respectively.
74	74	6. The bill creates new penalties that provide that a person who is guilty of OAR
75	75	and whose license was revoked for any violation of state or local traffic laws or
76	76	ordinances, or for habitual traffic offender status, is guilty of a Class I and Class H
77	77	felony, respectively.
78	78	7. The bill provides that a person who accumulates four or more convictions of
79	79	OWS or OAR is a habitual traffic offender.
80	80	This table lists the penalty classifications for the crimes: - 3 -2023 - 2024 Legislature
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84	84	Class E felony fine not to exceed $50,000 or imprisonment not to
85	85	exceed 15 years, or both
86	86	Class F felony fine not to exceed $25,000 or imprisonment not to
87	87	exceed 12.5 years, or both
88	88	Class G felony fine not to exceed $25,000 or imprisonment not to
89	89	exceed 10 years, or both
90	90	Class H felony fine not to exceed $10,000 or imprisonment not to
91	91	exceed 6 years, or both
92	92	Class I felony fine not to exceed $10,000 or imprisonment not to
93	93	exceed 3 years and 6 months, or both
94	94	Class A misdemeanor fine not to exceed $10,000 or imprisonment not to
95	95	exceed 9 months, or both
96	96	Class B misdemeanor fine not to exceed $1,000 or imprisonment not to
97	97	exceed 90 days, or both
98	98	Because this bill creates a new crime or revises a penalty for an existing crime,
99	99	the Joint Review Committee on Criminal Penalties may be requested to prepare a
100	100	report.
101	101	The people of the state of Wisconsin, represented in senate and assembly, do
102	102	enact as follows:
103	103	SECTION 1. 343.05 (5) (am) of the statutes is repealed and recreated to read:
104	104	343.05 (5) (am) Any person who violates sub. (1) or (2) is guilty of a Class B
105	105	misdemeanor.
106	106	SECTION 2. 343.05 (5) (b) 1. of the statutes is amended to read:
107	107	343.05 (5) (b) 1. Except as provided in subds. 2. to 5. and sub. (6), any person
108	108	who violates sub. (3) (a) may be required to forfeit not more than $200 for the first
109	109	offense, may be fined not more than $300 and imprisoned for not more than 30 days
110	110	for the 2nd offense occurring within 3 years, and may be fined not more than $500
111	111	and imprisoned for not more than 6 months for the 3rd or subsequent offense
112	112	occurring within 3 years. For a 2nd or subsequent offense, the person is guilty of a
113	113	Class A misdemeanor. In this paragraph, a violation of a local ordinance in
114	114	conformity with this section or a violation of a law of a federally recognized American
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128	128	SECTION 2 ASSEMBLY BILL 421
129	129	Indian tribe or band in this state in conformity with this section shall count as a
130	130	previous offense.
131	131	SECTION 3. 343.05 (5) (b) 4. of the statutes is amended to read:
132	132	343.05 (5) (b) 4. Except as provided in subd. 2. and sub. (6), any person who
133	133	violates sub. (3) (a) and, in the course of the violation, causes great bodily harm to
134	134	another person is required to forfeit not less than $5,000 nor more than $7,500 guilty
135	135	of a Class H felony, except that, if the person knows at the time of the violation that
136	136	he or she does not possess a valid operator's license, the person is guilty of a Class
137	137	I G felony.
138	138	SECTION 4. 343.05 (5) (b) 5. of the statutes is amended to read:
139	139	343.05 (5) (b) 5. Except as provided in subd. 2. and sub. (6), any person who
140	140	violates sub. (3) (a) and, in the course of the violation, causes the death of another
141	141	person is required to forfeit not less than $7,500 nor more than $10,000 guilty of a
142	142	Class F felony, except that, if the person knows at the time of the violation that he
143	143	or she does not possess a valid operator's license, the person is guilty of a Class H E
144	144	felony.
145	145	SECTION 5. 343.44 (2) (a) of the statutes is created to read:
146	146	343.44 (2) (a) 1. Except as provided in subds. 5. and 6., any person who violates
147	147	sub. (1) (a) is guilty of a Class B misdemeanor.
148	148	2. Except as provided in subds. 3. to 6., any person who violates sub. (1) (b) is
149	149	guilty of a Class A misdemeanor.
150	150	3. Except as provided in subds. 4. to 6., any person who violates sub. (1) (b) is
151	151	guilty of a Class I felony if any of the following applies:
152	152	a. The person's license was revoked under s. 351.025.
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179	179	SECTION 5
180	180	ASSEMBLY BILL 421
181	181	b. The person's license was revoked for an offense that may be counted under
182	182	s. 343.307 (2).
183	183	c. The person's license was revoked for any violation of ch. 346, 349, or 940.
184	184	4. Except as provided in subds. 5. and 6., any person who has previously been
185	185	convicted of a violation of sub. (1) (b) where the revocation was under s. 343.31 (1m)
186	186	and who violates sub. (1) (b) is guilty of a Class H felony.
187	187	5. If a person violates sub. (1) (a) or (b) and the violation results in great bodily
188	188	harm, as defined in s. 939.22 (14), to another, the person is guilty of a Class H felony,
189	189	except that if the person knows at the time of the violation that his or her operating
190	190	privilege has been suspended or revoked, the person is guilty of a Class G felony.
191	191	6. If a person violates sub. (1) (a) or (b) and the violation results in the death
192	192	of another, the person is guilty of a Class F felony, except that if the person knows
193	193	at the time of the violation that his or her operating privilege has been suspended
194	194	or revoked, the person is guilty of a Class E felony.
195	195	SECTION 6. 343.44 (2) (ad) of the statutes is repealed.
196	196	SECTION 7. 343.44 (2) (ag) of the statutes is repealed.
197	197	SECTION 8. 343.44 (2) (ar) of the statutes is repealed.
198	198	SECTION 9. 343.44 (2) (b) (intro.) of the statutes is amended to read:
199	199	343.44 (2) (b) (intro.) In imposing a sentence under par. (ar) (a) for a violation
200	200	of sub. (1) (b) or under par. (br), the court may review the record and consider the
201	201	following:
202	202	SECTION 10. 351.02 (1) (a) 11. of the statutes is created to read:
203	203	351.02 (1) (a) 11. Operating without a license under s. 343.05 (3) (a), operating
204	204	while suspended under s. 343.44 (1) (a), or operating while revoked under s. 343.44
205	205	(1) (b).
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232	232	SECTION 11 ASSEMBLY BILL 421
233	233	SECTION 11.0Initial applicability.
234	234	(1) This act first applies to violations committed on the effective date of this
235	235	subsection.
236	236	(END)
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