Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB930 Compare Versions

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

Old	New	Differences
1	1	LRB-5380/1
2	2	EVM:amn&wlj
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 930
5	5	January 12, 2024 - Introduced by Representatives PENTERMAN, BRANDTJEN and
6	6	MYERS, cosponsored by Senators J ACQUE, WANGGAARD, BALLWEG and
7	7	MARKLEIN. Referred to Committee on Criminal Justice and Public Safety.
8	8	*AUTHORS SUBJECT TO CHANGE*
9	9	AN ACT to create 345.13 of the statutes; relating to: impoundment of vehicles
10	10	used in certain traffic offenses.
11	11	Analysis by the Legislative Reference Bureau
12	12	Under this bill, in addition to the penalties available under current law for the
13	13	following offenses, the vehicle used in the offense may be immediately impounded
14	14	and remain impounded for 90 days:
15	15	1. Operating a vehicle without a license, with certain exceptions, or with a
16	16	suspended or revoked operating privilege.
17	17	2. Speeding at a rate higher than 25 miles per hour above the speed limit.
18	18	3. Fleeing from a law enforcement officer.
19	19	4. Racing on a highway.
20	20	For further information see the state and local fiscal estimate, which will be
21	21	printed as an appendix to this bill.
22	22	The people of the state of Wisconsin, represented in senate and assembly, do
23	23	enact as follows:
24	24	SECTION 1. 345.13 of the statutes is created to read:
25	25	345.13 Impoundment. (1) If a law enforcement officer arrests, or issues a
26	26	citation to, a person for a violation of any of the following, or an ordinance in
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33	33	SECTION 1 ASSEMBLY BILL 930
34	34	conformity with any of the following, the officer may immediately impound the
35	35	vehicle used in the violation:
36	36	(a) A 2nd or subsequent violation of s. 343.05. This paragraph does not apply
37	37	to a vehicle operated by a person who holds an expired operator's license that expired
38	38	not more than 3 months before the violation.
39	39	(b) A violation of s. 343.44.
40	40	(c) A violation of a speed restriction established under s. 346.57 for which the
41	41	speed was greater than 25 miles per hour above the speed restriction established
42	42	under s. 346.57 or 349.11.
43	43	(d) A violation of s. 346.04 (2t) or (3).
44	44	(e) A violation of s. 346.94 (2).
45	45	(2) Except as provided in sub. (3), an impoundment under sub. (1) shall be for
46	46	90 days.
47	47	(3) (a) The owner of a vehicle impounded under sub. (1) may request release
48	48	of the vehicle at any time. The law enforcement agency impounding the vehicle shall
49	49	release the vehicle upon the request of the owner if the law enforcement agency is
50	50	satisfied that the requester is the owner of the vehicle and the vehicle was not being
51	51	operated with the owner's consent at the time of the violation.
52	52	(b) A person claiming that a vehicle owned by the person was improperly
53	53	impounded under sub. (1) or that the person otherwise has a right to immediate
54	54	possession of a vehicle impounded under sub. (1) may petition the circuit court for
55	55	the county in which the vehicle was seized for the vehicle's release. The court shall
56	56	hold a hearing no more than 30 days after the petition is filed, except that the hearing
57	57	may be postponed by no more than 10 days by agreement or for good cause. If the
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82	82	LRB-5380/1
83	83	EVM:amn&wlj
84	84	SECTION 1
85	85	ASSEMBLY BILL 930
86	86	petitioner's right to the immediate possession of the vehicle is proved to the court's
87	87	satisfaction, the court shall order the vehicle released.
88	88	(c) If, within 90 days of the date of that violation, a person is found not guilty
89	89	of the violation upon which an impoundment under sub. (1) is based or the citation
90	90	alleging the violation is dismissed, the impounded vehicle shall be released
91	91	immediately.
92	92	(d) If, within 90 days of the date of that violation, a person is found guilty of the
93	93	violation upon which an impoundment under sub. (1) is based, the court may
94	94	increase or decrease the period of impoundment.
95	95	(4) If a person is found guilty of the violation upon which an impoundment
96	96	under sub. (1) is based, the court shall impose and collect from the person the costs
97	97	that the law enforcement agency reasonably incurs or expects to incur for the
98	98	impoundment of the vehicle. The court shall disburse any amounts collected under
99	99	this subsection to the law enforcement agency that incurred or expects to incur the
100	100	costs for the impoundment of the vehicle.
101	101	(5) A law enforcement agency that has impounded a vehicle under sub. (1) may
102	102	dispose of the vehicle by following the same procedure as provided for disposing of
103	103	an abandoned vehicle under s. 342.40 if the impounded vehicle remains unclaimed
104	104	for more than 90 days after the completion of the period of impoundment or the
105	105	release of the vehicle.
106	106	SECTION 2.0Initial applicability.
107	107	(1) This act first applies to violations committed on the effective date of this
108	108	subsection.
109	109	(END)
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