Wisconsin Legislative Council
AMENDMENT MEMO
One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc
Memo published: October 26, 2023 Contact: Amber Otis, Senior Staff Attorney
2023 Senate Bill 410 Senate Amendment 1
2023 SENATE BILL 410
The bill creates authority for a law enforcement officer to immediately impound a vehicle used in a
traffic violation, if the officer arrests or issues a citation to a person for any of the following violations:
A second or subsequent violation of operating without a license, except when a vehicle is operated
by a person who holds an expired license that expired within three months of the violation.
Operating while suspended, revoked, ordered out-of-service, or disqualified.
Exceeding a speed restriction by more than 25 miles per hour.
Failing to stop for an officer or fleeing or eluding an officer.
Participating in any race or speed or endurance contest on a roadway.
The bill requires that the vehicle be impounded for 90 days, subject to other provisions specified in the
bill. The bill allows an owner to request release at any time, and requires the law enforcement agency
impounding the vehicle to release the vehicle upon the owner’s request if the vehicle was not being
operated with the owner’s consent at the time of the violation. The bill also creates a procedure by
which a person may petition the court for the vehicle’s release based on allegations of improper
impoundment or a right to immediate possession of the vehicle.
The bill further specifies certain court actions depending on whether, within 90 days of the traffic
violation, the person is found guilty or not guilty of the violation. The bill also addresses costs incurred
for impoundment and authorizes disposal of the vehicle under current law procedures if unclaimed
after a certain period.
SENATE AMENDMENT 1
Senate Amendment 1 modifies the bill as follows:
Removes operating while suspended as a violation for which impoundment is authorized.
Allows a city, village, town, or county to establish by ordinance an impoundment period that is less
than 90 days for offenses occurring within the local jurisdiction, and modifies other procedural
aspects of the bill to account for impoundment periods that may be less than 90 days pursuant to
this authority.
BILL HISTORY
Senator Jacque offered Senate Amendment 1 on October 16, 2023. On October 24, 2023, the Senate
Committee on Judiciary and Public Safety recommended adoption of the amendment, and passage of
the bill, as amended, on votes of Ayes, 6; Noes, 1.
For a full history of the bill, visit the Legislature’s bill history page.
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