This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
LRB-2805/1
EVM:ahe
2017 - 2018 LEGISLATURE
August 2, 2017 - Introduced by Representatives Tusler, Zimmerman, Wachs,
Allen, Anderson, Barca, Berceau, Murphy, Quinn, Subeck and Wichgers,
cosponsored by Senators Wanggaard, Carpenter, Darling, Harsdorf,
Marklein, Olsen, Risser and Vinehout. Referred to Committee on Criminal
Justice and Public Safety.
AB463,1,4 1An Act to amend 346.89 (3) (a), 346.89 (3) (b) 2. and 346.95 (2); and to create
2346.89 (3) (b) 1g., 346.89 (3) (b) 1m., 346.89 (3) (b) 2m., 346.95 (2g) and 940.10
3(3) of the statutes; relating to: certain uses of interactive electronic devices
4while driving and providing a criminal penalty.
Analysis by the Legislative Reference Bureau
This bill prohibits, with certain exceptions, any person from using an
interactive electronic device to enter, transmit, or access data while driving.
Current law prohibits inattentive driving of a motor vehicle, which includes 1)
being engaged or occupied with an activity, other than driving the vehicle, that
interferes with the person's ability to drive the vehicle safely; 2) driving a motor
vehicle while composing or sending a text message or an e-mail message; 3) a
probationary license or instructional permit holder driving a motor vehicle while
using a wireless telephone; 4) driving a motor vehicle while using a wireless
telephone in a highway construction zone; and 5) driving a motor vehicle while
operating or being in a position to directly view an electronic device that provides
visual entertainment. Any person convicted of the first two forms of inattentive
driving may be required to forfeit not less than $20 nor more than $400, and any
person convicted of the latter three forms of inattentive driving may be required to
forfeit not less than $20 nor more than $40 for a first offense and not less than $50
nor more than $100 for a second or subsequent offense within one year.
This bill expands the prohibition on composing or sending a text message while
driving to prohibit the use of an interactive electronic device to enter, transmit, or

access data, other than for purposes of verbal communication or reporting an
emergency, while driving. The bill also increases the penalty for a violation of this
provision to a forfeiture of not less than $100 nor more than $400. Also, a person who
violates this provision and causes the death of another person in the course of the
violation is guilty of homicide by negligent operation of a vehicle, a Class G felony.
The penalty for a Class G felony is a fine not to exceed $25,000 or imprisonment not
to exceed ten years, or both.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB463,1 1Section 1. 346.89 (3) (a) of the statutes is amended to read:
AB463,2,52 346.89 (3) (a) No person may drive use an interactive electronic device to enter,
3transmit, or access data while driving
, as defined in s. 343.305 (1) (b), any motor
4vehicle while composing or sending an electronic text message or an electronic mail
5message
.
AB463,2 6Section 2. 346.89 (3) (b) 1g. of the statutes is created to read:
AB463,2,87 346.89 (3) (b) 1g. The use of an interactive electronic device to report an
8emergency.
AB463,3 9Section 3. 346.89 (3) (b) 1m. of the statutes is created to read:
AB463,2,1110 346.89 (3) (b) 1m. The use of an interactive electronic device for purposes of
11verbal communication.
AB463,4 12Section 4. 346.89 (3) (b) 2. of the statutes is amended to read:
AB463,2,1613 346.89 (3) (b) 2. The use of any device whose primary function is transmitting
14and receiving emergency alert messages and messages related to the operation of the
15vehicle or an accessory that is integrated into the electrical system of a vehicle,
16including a global positioning system device
.
AB463,5 17Section 5. 346.89 (3) (b) 2m. of the statutes is created to read:
AB463,3,2
1346.89 (3) (b) 2m. The use of an interactive electronic device for purposes of
2navigation.
AB463,6 3Section 6. 346.95 (2) of the statutes is amended to read:
AB463,3,54 346.95 (2) Any person violating s. 346.89 (1) or (3) (a) or 346.94 (2), (4), or (7)
5may be required to forfeit not less than $20 nor more than $400.
AB463,7 6Section 7. 346.95 (2g) of the statutes is created to read:
AB463,3,87 346.95 (2g) Except as provided in s. 940.10, any person violating s. 346.89 (3)
8(a) may be required to forfeit not less than $100 nor more than $400.
AB463,8 9Section 8. 940.10 (3) of the statutes is created to read:
AB463,3,1110 940.10 (3) For purposes of subs. (1) and (2), a violation of s. 346.89 (3) (a)
11constitutes negligent operation or handling of a vehicle.
AB463,9 12Section 9. Effective date.
AB463,3,1413 (1) This act takes effect on the first day of the 7th month beginning after
14publication.
AB463,3,1515 (End)
Loading...
Loading...