LRB-5506/1
EAW&ZDW:wlj
2019 - 2020 LEGISLATURE
January 30, 2020 - Introduced by Senators Kapenga, Kooyenga, Fitzgerald,
Craig, Darling, Feyen, Nass, Stroebel and Wanggaard, cosponsored by
Representatives Hutton, Sanfelippo, Knodl, Edming, Gundrum, James,
Kuglitsch, Neylon, Ramthun, Rodriguez, Skowronski, Tittl, Wichgers and
Dittrich. Referred to Committee on Judiciary and Public Safety.
SB769,1,8
1An Act to renumber and amend 938.34 (14m);
to amend 346.17 (3) (a), 346.17
2(3) (b), 346.17 (3) (c), 346.17 (3) (d), 346.65 (1) (a), 346.65 (1) (b), 346.65 (3),
3346.65 (4m), 346.65 (5), 943.23 (1g), 943.23 (1r), 943.23 (2) (a), 943.23 (2) (b),
4943.23 (2g), 943.23 (3) (a), 943.23 (3) (b) and 943.23 (3g); and
to create 938.266,
5938.34 (8m), 938.34 (14m) (b), 939.6197, 967.055 (2) (c), 967.055 (2) (d), 967.056
6and 973.0337 of the statutes;
relating to: theft of a vehicle; victim impact
7panels; increased penalties for reckless driving; increased penalties for fleeing
8an officer; and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill increases the penalties for vehicle theft, reckless driving, and fleeing
an officer.
Vehicle theft
Under current law, if a person takes or operates a vehicle or commercial motor
vehicle without the consent of the owner (vehicle theft), the person is guilty of a
felony. Under current law, the class of felony for the crime of vehicle theft depends
on whether the person used force, the type of force used, whether it is a repeat
offense, and whether the vehicle was a commercial vehicle.
The bill increases the penalties for vehicle theft by one felony classification and
imposes a 30-day mandatory minimum term of incarceration for vehicle theft, for
knowingly being a passenger in a stolen vehicle, or for removing a part of a vehicle
without the consent of the owner.
Currently, subject to certain exceptions, a person under 17 years of age who is
alleged to have violated a criminal law is subject to the jurisdiction of the Juvenile
Court, which is assigned to exercise jurisdiction under the Juvenile Justice Code,
and is subject to the procedures and dispositions specified in the Juvenile Justice
Code. Under current law, a person who is under the jurisdiction of the Juvenile Court
is not subject to the sentencing requirements under the Criminal Code. Under the
bill, if a juvenile has been adjudged delinquent for vehicle theft, for knowingly being
a passenger in a stolen vehicle, or for stealing a part of a vehicle, the Juvenile Court
is required to place the juvenile in a secured placement in a juvenile detention
facility, juvenile portion of a county jail, or juvenile correctional facility for a
minimum of 30 days, in addition to any other dispositions that are available under
the Juvenile Justice Code.
Under the bill, if a prosecutor seeks to amend or dismiss a charge of vehicle
theft, or if a petitioner seeks to amend or dismiss a petition that alleges that a
juvenile has violated the vehicle theft laws, the charge or petition may be amended
or dismissed only if the court finds that doing so is consistent with the public's
interest in deterring the theft of motor vehicles.
Reckless driving
Under current law, no person may endanger the safety of any person or property
by the negligent operation of a vehicle, commonly referred to as “reckless driving.”
Under the bill:
1. The penalty for reckless driving is increased from a $25-$200 forfeiture to
a $50-$500 forfeiture.
2. The penalty for a second or subsequent reckless driving offense in a
four-year period is increased from a fine of $50-$500 to a fine of $100-$1,000.
3. The penalty for recklessly driving on or across a railroad crossing is increased
from a $300-$1,000 forfeiture to a $600-$10,000 forfeiture.
4. The penalty for reckless driving that causes bodily harm to another is
increased from a $300-$2,000 fine and imprisonment of up to a year to a Class I
felony.
5. The penalty for reckless driving that causes great bodily harm to another is
increased from a Class I felony to a Class H felony.
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: