Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB410 Compare Versions

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

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2	2	EVM:amn&wlj
3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 410
5	5	September 8, 2023 - Introduced by Senators JACQUE, WANGGAARD, BALLWEG and
6	6	MARKLEIN, cosponsored by Representatives P ENTERMAN, MYERS and
7	7	BRANDTJEN. Referred to Committee on Judiciary and Public Safety.
8	8	AN ACT to create 345.13 of the statutes; relating to: impoundment of vehicles
9	9	used in certain traffic offenses.
10	10	Analysis by the Legislative Reference Bureau
11	11	Under this bill, in addition to the penalties available under current law for the
12	12	following offenses, the vehicle used in the offense may be immediately impounded
13	13	and remain impounded for 90 days:
14	14	1. Operating a vehicle without a license, with certain exceptions, or with a
15	15	suspended or revoked operating privilege.
16	16	2. Speeding at a rate higher than 25 miles per hour above the speed limit.
17	17	3. Fleeing from a law enforcement officer.
18	18	4. Racing on a highway.
19	19	For further information see the state and local fiscal estimate, which will be
20	20	printed as an appendix to this bill.
21	21	The people of the state of Wisconsin, represented in senate and assembly, do
22	22	enact as follows:
23	23	SECTION 1. 345.13 of the statutes is created to read:
24	24	345.13 Impoundment. (1) If a law enforcement officer arrests, or issues a
25	25	citation to, a person for a violation of any of the following, or an ordinance in
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32	32	SECTION 1 SENATE BILL 410
33	33	conformity with any of the following, the officer may immediately impound the
34	34	vehicle used in the violation:
35	35	(a) A 2nd or subsequent violation of s. 343.05. This paragraph does not apply
36	36	to a vehicle operated by a person who holds an expired operator's license that expired
37	37	not more than 3 months before the violation.
38	38	(b) A violation of s. 343.44.
39	39	(c) A violation of a speed restriction established under s. 346.57 for which the
40	40	speed was greater than 25 miles per hour above the speed restriction established
41	41	under s. 346.57 or 349.11.
42	42	(d) A violation of s. 346.04 (2t) or (3).
43	43	(e) A violation of s. 346.94 (2).
44	44	(2) Except as provided in sub. (3), an impoundment under sub. (1) shall be for
45	45	90 days.
46	46	(3) (a) The owner of a vehicle impounded under sub. (1) may request release
47	47	of the vehicle at any time. The law enforcement agency impounding the vehicle shall
48	48	release the vehicle upon the request of the owner if the law enforcement agency is
49	49	satisfied that the requester is the owner of the vehicle and the vehicle was not being
50	50	operated with the owner's consent at the time of the violation.
51	51	(b) A person claiming that a vehicle owned by the person was improperly
52	52	impounded under sub. (1) or that the person otherwise has a right to immediate
53	53	possession of a vehicle impounded under sub. (1) may petition the circuit court for
54	54	the county in which the vehicle was seized for the vehicle's release. The court shall
55	55	hold a hearing no more than 30 days after the petition is filed, except that the hearing
56	56	may be postponed by no more than 10 days by agreement or for good cause. If the
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81	81	LRB-0036/1
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83	83	SECTION 1
84	84	SENATE BILL 410
85	85	petitioner's right to the immediate possession of the vehicle is proved to the court's
86	86	satisfaction, the court shall order the vehicle released.
87	87	(c) If, within 90 days of the date of that violation, a person is found not guilty
88	88	of the violation upon which an impoundment under sub. (1) is based or the citation
89	89	alleging the violation is dismissed, the impounded vehicle shall be released
90	90	immediately.
91	91	(d) If, within 90 days of the date of that violation, a person is found guilty of the
92	92	violation upon which an impoundment under sub. (1) is based, the court may
93	93	increase or decrease the period of impoundment.
94	94	(4) If a person is found guilty of the violation upon which an impoundment
95	95	under sub. (1) is based, the court shall impose and collect from the person the costs
96	96	that the law enforcement agency reasonably incurs or expects to incur for the
97	97	impoundment of the vehicle. The court shall disburse any amounts collected under
98	98	this subsection to the law enforcement agency that incurred or expects to incur the
99	99	costs for the impoundment of the vehicle.
100	100	(5) A law enforcement agency that has impounded a vehicle under sub. (1) may
101	101	dispose of the vehicle by following the same procedure as provided for disposing of
102	102	an abandoned vehicle under s. 342.40 if the impounded vehicle remains unclaimed
103	103	for more than 90 days after the completion of the period of impoundment or the
104	104	release of the vehicle.
105	105	SECTION 2.0Initial applicability.
106	106	(1) This act first applies to violations committed on the effective date of this
107	107	subsection.
108	108	(END)
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