February 21, 2025 - Introduced by Senators Wanggaard and Tomczyk, cosponsored by Representatives Donovan, Rodriguez, Allen, Dittrich, Duchow, Goodwin, Gundrum, Knodl, Maxey, Melotik, Murphy, Mursau, Novak, O'Connor, Ortiz-Velez, Penterman, Piwowarczyk, Steffen, Tittl, Tusler and Wichgers. Referred to Committee on Judiciary and Public Safety.
SB65,1,3
1An Act to amend 349.115 (1) and 349.115 (3); to create 349.115 (1m) of the 2statutes; relating to: impoundment of vehicles used in certain reckless
3driving offenses. Analysis by the Legislative Reference Bureau
Under current law, a political subdivision may enact an ordinance authorizing law enforcement officers to impound vehicles used in reckless driving offenses if the person cited for reckless driving is the owner of the vehicle and the person has a prior reckless driving conviction for which a forfeiture was imposed that has not been fully paid. Under this bill, such an ordinance may authorize the impoundment of any vehicle used in a reckless driving offense regardless of ownership of the vehicle or prior record of the operator. The bill also provides that a local ordinance may authorize impounding such a vehicle until outstanding fines and forfeitures owed by the vehicle’s owner are fully paid.
Also under the bill, upon impounding a vehicle under such an ordinance, the law enforcement officer must attempt to determine if the vehicle has been reported as stolen, and if so, the officer or the impounding political subdivision must attempt to contact the owner. If the vehicle is reported as stolen, the vehicle must be released to the owner without the payment of a fee or charge.
For further information see the 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:
SB65,1
1Section 1. 349.115 (1) of the statutes is amended to read: SB65,2,112349.115 (1) A political subdivision may, by ordinance, authorize a law 3enforcement officer to impound any vehicle used in the commission of a violation of 4s. 346.62 or a local ordinance in strict conformity with s. 346.62 at the time of 5issuing a citation for the offense if the person cited is the owner of the vehicle and 6the person has a prior conviction for a violation of s. 346.62 or a local ordinance in 7strict conformity with s. 346.62 for which a forfeiture was imposed that has not been 8fully paid. The ordinance may provide for impoundment of the vehicle until the 9person fully pays the prior forfeiture amount and reasonable costs of impounding 10the vehicle, including towing or other transportation costs and storage costs, and 11any outstanding fine or forfeiture owed by the owner of the vehicle are fully paid. SB65,212Section 2. 349.115 (1m) of the statutes is created to read: SB65,3,213349.115 (1m) Upon impounding a vehicle under sub. (1), a law enforcement 14officer shall make a reasonable effort to determine if the vehicle has been reported 15as stolen. If the officer determines that the vehicle has been reported as stolen, the 16officer or political subdivision shall make a reasonable attempt to contact the 17owner. Notwithstanding sub. (2), the political subdivision shall return to its owner 18a vehicle reported as stolen and impounded under sub. (1) without the payment of a 19fee or charge. If a vehicle reported as stolen remains unclaimed for more than 60 20days after impoundment, the political subdivision may dispose of the vehicle
1following the same procedure as provided for disposing of an abandoned vehicle 2under s. 342.40. SB65,33Section 3. 349.115 (3) of the statutes is amended to read: SB65,3,84349.115 (3) A Subject to sub. (1m), a political subdivision that has 5impounded a vehicle under sub. (1) may dispose of the vehicle by following the same 6procedure as provided for disposing of an abandoned vehicle under s. 342.40 if the 7impounded vehicle remains unclaimed for more than 90 days after the disposition of 8the citation for which the vehicle was impounded.
