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6. If the prosecutor seeks to dismiss or amend a reckless driving charge, the
prosecutor must apply to the court and the court may approve the application only
if the court finds that the proposed amendment or dismissal is consistent with the
public's interest in deterring the negligent operation of motor vehicles.
Fleeing an officer
Under current law, no operator of a vehicle, after having received a visual or
audible signal from a traffic officer, federal law enforcement officer, or marked or
unmarked police vehicle that the operator knows or reasonably should know is being
operated by a law enforcement officer, shall knowingly flee so as to endanger other
vehicles or pedestrians. Under the bill:

1. The penalty for fleeing an officer is increased from a Class I felony to a Class
H felony.
2. The penalty for fleeing an officer and causing bodily harm to another or
damage to the property of another is increased from a Class H felony to a Class G
felony.
3. The penalty for fleeing an officer and causing great bodily harm to another
is increased from a Class F felony to a Class E felony.
4. The penalty for fleeing an officer and causing death to another is increased
from a Class E felony to a Class D felony.
5. If the prosecutor seeks to dismiss or amend a charge of fleeing an officer, the
prosecutor must apply to the court and the court may approve the application only
if the court finds that the proposed amendment or dismissal is consistent with the
public's interest in deterring fleeing from an officer.
Victim impact panels
The bill allows a court to order a person who is found guilty of certain crimes
relating to reckless driving or vehicle theft, or a juvenile who is adjudicated
delinquent for certain violations related to reckless driving or vehicle theft, to attend
a victim impact panel or similar program as a part of his or her sentence or
disposition.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
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:
SB769,1 1Section 1. 346.17 (3) (a) of the statutes is amended to read:
SB769,3,32 346.17 (3) (a) Except as provided in par. (b), (c) or (d), any person violating s.
3346.04 (3) is guilty of a Class I H felony.
SB769,2 4Section 2. 346.17 (3) (b) of the statutes is amended to read:
SB769,3,75 346.17 (3) (b) If the violation results in bodily harm, as defined in s. 939.22 (4),
6to another, or causes damage to the property of another, as defined in s. 939.22 (28),
7the person is guilty of a Class H G felony.
SB769,3 8Section 3. 346.17 (3) (c) of the statutes is amended to read:
SB769,4,2
1346.17 (3) (c) If the violation results in great bodily harm, as defined in s. 939.22
2(14), to another, the person is guilty of a Class F E felony.
SB769,4 3Section 4. 346.17 (3) (d) of the statutes is amended to read:
SB769,4,54 346.17 (3) (d) If the violation results in the death of another, the person is guilty
5of a Class E D felony.
SB769,5 6Section 5. 346.65 (1) (a) of the statutes is amended to read:
SB769,4,87 346.65 (1) (a) May be required to forfeit not less than $25 $50 nor more than
8$200 $500, except as provided in par. (b).
SB769,6 9Section 6. 346.65 (1) (b) of the statutes is amended to read:
SB769,4,1510 346.65 (1) (b) May be fined not less than $50 $100 nor more than $500 $1,000
11or imprisoned for not more than one year in the county jail or both if the total of
12convictions under s. 346.62 (2) or a local ordinance in conformity therewith or a law
13of a federally recognized American Indian tribe or band in this state in conformity
14with s. 346.62 (2) equals 2 or more in a 4-year period. The 4-year period shall be
15measured from the dates of the violations which resulted in the convictions.
SB769,7 16Section 7. 346.65 (3) of the statutes is amended to read:
SB769,4,2017 346.65 (3) Except as provided in sub. (5m), any person violating s. 346.62 (3)
18shall be fined not less than $300 nor more than $2,000 and may be imprisoned for
19not less than 30 days nor more than one year in the county jail
is guilty of a Class
20I felony
.
SB769,8 21Section 8. 346.65 (4m) of the statutes is amended to read:
SB769,4,2322 346.65 (4m) Except as provided in sub. (5m), any person violating s. 346.62
23(2m) shall forfeit not less than $300 $600 nor more than $1,000 $10,000.
SB769,9 24Section 9. 346.65 (5) of the statutes is amended to read:
SB769,5,2
1346.65 (5) Except as provided in sub. (5m), any person violating s. 346.62 (4)
2is guilty of a Class I H felony.
SB769,10 3Section 10 . 938.266 of the statutes is created to read:
SB769,5,14 4938.266 Amendment or dismissal of petition; theft of a vehicle.
5Notwithstanding s. 938.263, if the petitioner seeks to amend or dismiss a petition
6that alleges a violation of s. 943.23 or a local ordinance in conformity therewith, the
7petitioner shall apply to the court. The application shall state the reasons for the
8proposed amendment or dismissal. The court may approve the application only if the
9court finds that the proposed amendment or dismissal is consistent with the public's
10interest in deterring the theft of motor vehicles. The court may not approve an
11application to amend the vehicle classification from a commercial motor vehicle to
12a noncommercial motor vehicle unless there is evidence in the record that the motor
13vehicle being operated by the juvenile at the time he or she was taken into custody
14was not a commercial motor vehicle.
SB769,11 15Section 11. 938.34 (8m) of the statutes is created to read:
SB769,5,2316 938.34 (8m) Victim impact panels. In addition to any other disposition imposed
17under this section, if the juvenile has been adjudicated delinquent for committing a
18violation of s. 346.62 (2), (3), or (4) or 943.23 that would be a crime if committed by
19an adult, the court may order the juvenile to attend a program, such as a victim
20impact panel, that demonstrates the adverse effects of the juvenile's acts on a victim
21or a victim's family. The court may order the juvenile to pay a reasonable fee, based
22on the juvenile's ability to pay, to offset the costs of assembling and holding the
23program ordered under this section.
SB769,12 24Section 12 . 938.34 (14m) of the statutes is renumbered 938.34 (14m) (a) and
25amended to read:
SB769,6,9
1938.34 (14m) (a) Restrict or suspend the operating privilege, as defined in s.
2340.01 (40), of a juvenile who is adjudicated delinquent under a violation of any law
3in which a motor vehicle is involved. If the court suspends a juvenile's operating
4privilege under this subsection paragraph, the court may take possession of the
5suspended license. If the court takes possession of a license, it shall destroy the
6license. The court shall forward to the department of transportation a notice stating
7the reason for and duration of the suspension. If the court limits a juvenile's
8operating privilege under this subsection paragraph, the court shall immediately
9notify the department of transportation of that limitation.
SB769,13 10Section 13. 938.34 (14m) (b) of the statutes is created to read:
SB769,6,1311 938.34 (14m) (b) In addition to any other dispositions imposed under this
12section, if the juvenile is found to have violated s. 943.23, the court shall place the
13juvenile in secured custody under sub. (3) (f) or (4m) for a minimum period of 30 days.
SB769,14 14Section 14. 939.6197 of the statutes is created to read:
SB769,6,20 15939.6197 Mandatory minimum sentence for operating a vehicle
16without owner's consent.
If a person is convicted of a violation of s. 943.23, the
17court shall impose a bifurcated sentence under s. 973.01. The term of confinement
18in prison portion of a bifurcated sentence imposed under this section may not be less
19than 30 days, but otherwise the penalties for the crime apply, subject to any
20applicable penalty enhancement.
SB769,15 21Section 15. 943.23 (1g) of the statutes is amended to read:
SB769,6,2422 943.23 (1g) Whoever, while possessing a dangerous weapon and by the use of,
23or the threat of the use of, force or the weapon against another, intentionally takes
24any vehicle without the consent of the owner is guilty of a Class C B felony.
SB769,16 25Section 16. 943.23 (1r) of the statutes is amended to read:
SB769,7,3
1943.23 (1r) Whoever, by the use of force against another or by the threat of the
2use of force against another, intentionally takes any vehicle without the consent of
3the owner is guilty of a Class E D felony.
SB769,17 4Section 17. 943.23 (2) (a) of the statutes is amended to read:
SB769,7,55 943.23 (2) (a) Except as provided in par. (b), a Class H G felony.
SB769,18 6Section 18. 943.23 (2) (b) of the statutes is amended to read:
SB769,7,77 943.23 (2) (b) For a 2nd or subsequent offense, a Class F E felony.
SB769,19 8Section 19. 943.23 (2g) of the statutes is amended to read:
SB769,7,119 943.23 (2g) Except as provided in sub. (3m), whoever intentionally takes and
10drives any commercial motor vehicle without the consent of the owner is guilty of a
11Class G F felony.
SB769,20 12Section 20. 943.23 (3) (a) of the statutes is amended to read:
SB769,7,1313 943.23 (3) (a) Except as provided in par. (b), a Class I H felony.
SB769,21 14Section 21. 943.23 (3) (b) of the statutes is amended to read:
SB769,7,1515 943.23 (3) (b) For a 2nd or subsequent offense, a Class G F felony.
SB769,22 16Section 22. 943.23 (3g) of the statutes is amended to read:
SB769,7,1917 943.23 (3g) Except as provided in sub. (3m), whoever intentionally drives or
18operates any commercial motor vehicle without the consent of the owner is guilty of
19a Class H G felony.
SB769,23 20Section 23. 967.055 (2) (c) of the statutes is created to read:
SB769,8,221 967.055 (2) (c) Notwithstanding s. 971.29, if the prosecutor seeks to dismiss or
22amend a charge under s. 346.62 (2) to (4) or a local ordinance in conformity therewith,
23the prosecutor shall apply to the court. The application shall state the reasons for
24the proposed amendment or dismissal. The court may approve the application only

1if the court finds that the proposed amendment or dismissal is consistent with the
2public's interest in deterring the negligent operation of motor vehicles.
SB769,24 3Section 24 . 967.055 (2) (d) of the statutes is created to read:
SB769,8,94 967.055 (2) (d) Notwithstanding s. 971.29, if the prosecutor seeks to dismiss
5or amend a charge under s. 346.04 (3), the prosecutor shall apply to the court. The
6application shall state the reasons for the proposed amendment or dismissal. The
7court may approve the application only if the court finds that the proposed
8amendment or dismissal is consistent with the public's interest in deterring fleeing
9from an officer.
SB769,25 10Section 25. 967.056 of the statutes is created to read:
SB769,8,20 11967.056 Prosecution of offenses; theft of a vehicle. Notwithstanding s.
12971.29, if the prosecutor seeks to dismiss or amend a charge under s. 943.23 or a local
13ordinance in conformity therewith, the prosecutor shall apply to the court. The
14application shall state the reasons for the proposed amendment or dismissal. The
15court may approve the application only if the court finds that the proposed
16amendment or dismissal is consistent with the public's interest in deterring the theft
17of motor vehicles. The court may not approve an application to amend the vehicle
18classification from a commercial motor vehicle to a noncommercial motor vehicle
19unless there is evidence in the record that the motor vehicle being operated by the
20defendant at the time of his or her arrest was not a commercial motor vehicle.
SB769,26 21Section 26. 973.0337 of the statutes is created to read:
SB769,9,3 22973.0337 Sentencing; victim impact panels. If a person pleads guilty to or
23is found guilty of a criminal violation of s. 346.62 (2), (3), or (4) or 943.23, the court
24may order the person to attend a program, such as a victim impact panel, that
25demonstrates the adverse effects of the person's acts on a victim or a victim's family

1in addition to any forfeiture or penalty imposed. The court may order the defendant
2to pay a reasonable fee, based on the person's ability to pay, to offset the costs of
3assembling and holding the program ordered under this section.
SB769,27 4Section 27. Initial applicability.
SB769,9,105 (1) The treatment of ss. 938.266, 939.6197, 943.23 (1g), (1r), (2) (a) and (b), (2g),
6(3) (a) and (b), and (3g), and 967.056, the renumbering and amendment of s. 938.34
7(14m), and the creation of s. 938.34 (14m) (b) first apply to an offense committed on
8the effective date of this subsection but does not preclude the counting of an offense
9committed before the effective date of this subsection as a prior offense for the
10purposes of sentencing.
SB769,9,1211 (2) The treatment of ss. 973.0337 and 938.34 (8m) first applies to a sentence
12or a dispositional order entered on the effective date of this subsection.
SB769,9,1313 (End)
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