Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB90 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 SENATE BILL 90
5	5	March 1, 2023 - Introduced by Senators STROEBEL, L. JOHNSON, JACQUE, NASS and
6	6	TAYLOR, cosponsored by Representatives DONOVAN, KNODL, ALLEN, BALDEH,
7	7	BINSFELD, GUNDRUM, S. JOHNSON, KURTZ, MAXEY, MURPHY, MYERS, NEDWESKI,
8	8	NOVAK, O'CONNOR, ORTIZ-VELEZ, RETTINGER and WICHGERS. Referred to
9	9	Committee on Judiciary and Public Safety.
10	10	AN ACT to amend 346.65 (1) (a), 346.65 (1) (b), 346.65 (3), 346.65 (4m), 346.65
11	11	(5), 346.655 (1) and 346.657 (1) of the statutes; relating to: penalties for
12	12	reckless driving and providing a penalty.
13	13	Analysis by the Legislative Reference Bureau
14	14	Under current law, no person may endanger the safety of any person or property
15	15	by the negligent operation of a vehicle, commonly referred to as “reckless driving.”
16	16	Under the bill:
17	17	1. The penalty for reckless driving is increased from a forfeiture of $25 to $200
18	18	to a forfeiture of $50 to $400.
19	19	2. The penalty for a second or subsequent reckless driving offense is increased
20	20	from a fine of $50 to $500 to a fine of $100 to $1,000. Current law increases the
21	21	penalty for a second reckless driving offense only if the person committed the second
22	22	offense within four years of the first offense. Under the bill, a person who commits
23	23	a second reckless driving offense is subject to the increased penalties regardless of
24	24	whether the person commits the offense within four years of the person's first offense.
25	25	Under current law, a person who commits a second or subsequent reckless driving
26	26	offense may also be imprisoned for not more than one year in the county jail. This
27	27	penalty is unchanged.
28	28	3. The penalty for recklessly endangering safety by unlawfully driving across
29	29	a railroad crossing when required to stop is increased from a forfeiture of $300 to
30	30	$1,000 to a forfeiture of $600 to $2,000.
31	31	4. The penalty for reckless driving that causes bodily harm to another is
32	32	increased from a fine of $300 to $2,000 to a fine of $600 to $4,000. Under current law,
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37	37	SENATE BILL 90
38	38	a person who causes bodily harm to another in the course of a reckless driving offense
39	39	may also be imprisoned for not less than 30 days nor more than one year in the county
40	40	jail. The bill increases the term of imprisonment for this offense to not less than 60
41	41	days nor more than two years in the county jail.
42	42	5. The penalty for reckless driving that causes great bodily harm to another is
43	43	increased from a Class I felony to a Class H felony. The penalty for a Class I felony
44	44	is a fine not to exceed $10,000 or imprisonment not to exceed three years and six
45	45	months, or both. The penalty for a Class H felony is a fine not to exceed $10,000 or
46	46	imprisonment not to exceed six years, or both.
47	47	Current law imposes various surcharges against persons who violate certain
48	48	laws. These surcharges must be paid in addition to any fine or forfeiture imposed
49	49	for the violation. The driver improvement surcharge and safe ride surcharge are
50	50	imposed on those who violate certain provisions related to operating while
51	51	intoxicated. The driver improvement surcharge is $435 and the safe ride surcharge
52	52	is $50. Under this bill, the driver improvement surcharge and safe ride surcharge
53	53	are also imposed on persons found guilty of reckless driving.
54	54	Because this bill creates a new crime or revises a penalty for an existing crime,
55	55	the Joint Review Committee on Criminal Penalties may be requested to prepare a
56	56	report.
57	57	For further information see the state and local fiscal estimate, which will be
58	58	printed as an appendix to this bill.
59	59	The people of the state of Wisconsin, represented in senate and assembly, do
60	60	enact as follows:
61	61	SECTION 1. 346.65 (1) (a) of the statutes is amended to read:
62	62	346.65 (1) (a) May be required to forfeit not less than $25 $50 nor more than
63	63	$200 $400, except as provided in par. (b).
64	64	SECTION 2. 346.65 (1) (b) of the statutes is amended to read:
65	65	346.65 (1) (b) May be fined not less than $50 $100 nor more than $500 $1,000
66	66	or imprisoned for not more than one year in the county jail or both if the total of
67	67	convictions under s. 346.62 (2) or a local ordinance in conformity therewith or a law
68	68	of a federally recognized American Indian tribe or band in this state in conformity
69	69	with s. 346.62 (2) equals 2 or more in a 4-year period. The 4-year period shall be
70	70	measured from the dates of the violations which resulted in the convictions for a 2nd
71	71	or subsequent violation.
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85	85	SECTION 3
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87	87	SECTION 3. 346.65 (3) of the statutes is amended to read:
88	88	346.65 (3) Except as provided in sub. (5m), any person violating s. 346.62 (3)
89	89	shall be fined not less than $300 $600 nor more than $2,000 $4,000 and may be
90	90	imprisoned for not less than 30 60 days nor more than one year 2 years in the county
91	91	jail.
92	92	SECTION 4. 346.65 (4m) of the statutes is amended to read:
93	93	346.65 (4m) Except as provided in sub. (5m), any person violating s. 346.62
94	94	(2m) shall forfeit not less than $300 $600 nor more than $1,000 $2,000.
95	95	SECTION 5. 346.65 (5) of the statutes is amended to read:
96	96	346.65 (5) Except as provided in sub. (5m), any person violating s. 346.62 (4)
97	97	is guilty of a Class I H felony.
98	98	SECTION 6. 346.655 (1) of the statutes is amended to read:
99	99	346.655 (1) If a court imposes a fine or a forfeiture for a violation of s. 346.62
100	100	or 346.63 (1) or (5), or a local ordinance in conformity therewith, or s. 346.63 (2) or
101	101	(6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, it shall
102	102	impose a driver improvement surcharge under ch. 814 in an amount of $435 in
103	103	addition to the fine or forfeiture, plus costs, fees, and other surcharges imposed under
104	104	ch. 814.
105	105	SECTION 7. 346.657 (1) of the statutes is amended to read:
106	106	346.657 (1) If a court imposes a fine or a forfeiture for a violation of s. 346.62
107	107	or 346.63 (1) or (5), or a local ordinance in conformity therewith, or s. 346.63 (2) or
108	108	(6) or 940.25, or s. 940.09 where the offense involved the use of a vehicle, it shall
109	109	impose a safe ride program surcharge under ch. 814 in an amount of $50 in addition
110	110	to the fine or forfeiture, plus costs, fees, and other surcharges imposed under ch. 814.
111	111	SECTION 8.0Initial applicability.
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138	138	SECTION 8 SENATE BILL 90
139	139	(1) This act first applies to violations committed on the effective date of this
140	140	subsection.
141	141	(END)
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