AB676: Bill Text

AB676,11 Section 11 . 125.07 (4) (e) 2. (intro.) of the statutes is amended to read:

AB676,6,8 125.07 (4) (e) 2. (intro.) After ordering a penalty under par. (bs) or (c), the court, with the agreement of the defendant, may enter an additional order staying the execution of the penalty order and suspending or modifying the penalty imposed, except that the court may not stay, suspend or modify the suspension of a person's operating privilege required under par. (bs) or (c). The order under this subdivision shall require the defendant to do any of the following:

AB676,12 Section 12 . 125.07 (4) (e) 4. of the statutes is amended to read:

AB676,6,20 125.07 (4) (e) 4. If the defendant completes the alcohol abuse treatment program or court-approved alcohol abuse education program, the approved treatment facility or court-approved alcohol abuse education program shall, with the written informed consent of the defendant, notify the agency primarily responsible for providing services to the defendant that the defendant has complied with the order and the court shall notify the defendant of whether or not the penalty will be reinstated. If the court had ordered the suspension of the defendant's operating privilege under par. (bs) or (c), the court may order the secretary of transportation to reinstate the operating privilege of the defendant if he or she completes the alcohol abuse treatment program or court-approved alcohol abuse education program.

AB676,13 Section 13 . 125.085 (3) (bd) of the statutes is amended to read:

AB676,7,2 125.085 (3) (bd) Any underage person who violates par. (b) is subject to a forfeiture of not less than $300 nor more than $1,250, suspension of the person's operating privilege under s. 343.30 (6) (bm), or participation in a supervised work program or other community service work under par. (bh) or any combination both of these penalties.

AB676,14 Section 14 . 125.085 (3) (bp) of the statutes is repealed.

AB676,15 Section 15 . 343.085 (4) of the statutes is amended to read:

AB676,7,11 343.085 (4) The secretary may require that a person be continued on probationary status beyond the period of first issuance if such person appears by the records of the department to have repeatedly violated any of the state traffic laws or any local ordinance in conformity therewith or any law of a federally recognized American Indian tribe or band in this state in conformity with any of the state traffic laws. A person may not be continued on probationary status due to a suspension under s. 343.30 (6).

AB676,16 Section 16. 343.10 (1) (a) of the statutes is amended to read:

AB676,7,22 343.10 (1) (a) If a person's license or operating privilege is revoked or suspended under this chapter or s. 767.73, 938.34 (14q), 943.21 (3m), or 961.50 and if the person is engaged in an occupation, including homemaking or full-time or part-time study, or a trade making it essential that he or she operate a motor vehicle, the person, after payment of the fee provided in sub. (6), may file an application with the department setting forth in detail the need for operating a motor vehicle. No person may file more than one application with respect to each revocation or suspension of the person's license or operating privilege under this chapter or s. 767.73, 938.34 (14q), 943.21 (3m), or 961.50, except that this limitation does not apply to an application to amend an occupational license restriction.

AB676,17 Section 17. 343.10 (5) (b) of the statutes is amended to read:

AB676,8,3 343.10 (5) (b) Limitations. Occupational licenses are subject to the limitations specified in ss. 343.30 (1q) (b) and (h), 343.305 (8) (d) and (10) (b) and (em), 343.31 (3m), 343.32 (1m), 767.73 and 961.50.

AB676,18 Section 18 . 343.23 (3) (a) of the statutes is repealed.

AB676,19 Section 19 . 343.23 (3) (b) of the statutes is renumbered 343.23 (3).

AB676,20 Section 20 . 343.24 (3) of the statutes is repealed.

AB676,21 Section 21 . 343.28 (3) of the statutes is repealed.

AB676,22 Section 22 . 343.30 (1z) of the statutes is repealed.

AB676,23 Section 23 . 343.30 (2d) of the statutes is amended to read:

AB676,8,20 343.30 (2d) A court may suspend a person's operating privilege upon conviction of any offense specified under ss. 940.225, 948.02, 948.025, 948.07, or 948.085, where the offense involved the use of a vehicle, if the court finds that it is inimical to the public safety and welfare for the offender to have operating privileges. The suspension shall be for one year or until discharge from prison or jail sentence or probation, extended supervision or parole with respect to the offenses specified, whichever date is later. Receipt of a certificate of discharge from the department of corrections or other responsible supervising agency, after one year has elapsed since the suspension, entitles the holder to reinstatement of operating privileges. The holder may be required to present the certificate to the secretary if the secretary deems necessary.

AB676,24 Section 24. 343.30 (5) of the statutes is amended to read:

AB676,9,6 343.30 (5) No court may suspend or revoke an operating privilege except as authorized by this chapter or ch. 345, 351, or 938 or s. 767.73, 800.095 (1) (a), 943.21 (3m), or 961.50. When a court revokes, suspends, or restricts a juvenile's operating privilege under ch. 938, the department of transportation shall not disclose information concerning or relating to the revocation, suspension, or restriction to any person other than a court, district attorney, county corporation counsel, city, village, or town attorney, law enforcement agency, driver licensing agency of another jurisdiction, or the minor whose operating privilege is revoked, suspended, or restricted, or his or her parent or guardian. Persons entitled to receive this information shall not disclose the information to other persons or agencies.

AB676,25 Section 25. 343.30 (6) of the statutes is repealed.

AB676,26 Section 26 . 343.31 (2s) of the statutes is amended to read:

AB676,9,16 343.31 (2s) The department may suspend a person's operating privilege for 2 years upon receiving a record of conviction under s. 973.137 (2), where the offense involved the use of a vehicle. If the department receives a record of conviction under s. 973.137 (2), where the offense involved the use of a vehicle, or a notice of suspension under s. 938.34 (14q) for a person whose license or operating privilege is currently suspended or revoked or for a person who does not currently possess a valid operator's license, the suspension is first effective on the date on which the person is first eligible for issuance, renewal, or reinstatement of an operator's license.

AB676,27 Section 27. 343.32 (1m) of the statutes is repealed.

AB676,28 Section 28. 343.32 (3) of the statutes is amended to read:

AB676,9,21 343.32 (3) Except as provided in sub. (1m), a A revocation or suspension under this section may be for any period not exceeding one year unless a different period is specifically prescribed by law.

AB676,29 Section 29. 343.345 of the statutes is repealed.

AB676,30 Section 30 . 346.655 (4) of the statutes is repealed.

AB676,31 Section 31 . 346.657 (3) of the statutes is repealed.

AB676,32 Section 32 . 346.93 (2f) of the statutes is repealed.

AB676,33 Section 33. 346.93 (2g) (intro.) of the statutes is renumbered 346.93 (2g) and amended to read:

AB676,10,4 346.93 (2g) Any person violating this section may be required to forfeit not less than $20 nor more than $400 and shall have his or her operating privilege:.

AB676,34 Section 34 . 346.93 (2g) (a) and (b) of the statutes are repealed.

AB676,35 Section 35. 767.73 of the statutes is repealed.

AB676,36 Section 36. 800.09 (3) (a) of the statutes is amended to read:

AB676,10,11 800.09 (3) (a) If the operating privilege of a defendant is suspended under this section or s. 800.095, the court may terminate that suspension and substitute an installment payment plan for paying the amount of the judgment that takes into account the defendant's income.

AB676,37 Section 37. 800.09 (3) (b) (intro.) of the statutes is amended to read:

AB676,10,17 800.09 (3) (b) (intro.) If the operating privilege of a defendant is suspended under this section or s. 800.095, the court shall terminate that suspension and substitute an installment payment plan for the payment of the amount of the judgment that takes into account the defendant's income if all of the following conditions apply:

AB676,38 Section 38. 800.095 (1) (a) of the statutes is repealed.

AB676,39 Section 39. 800.095 (3) of the statutes is amended to read:

AB676,10,22 800.095 (3) Subsection (1) (a) and (b) does not apply to orders for restitution under s. 800.093 or in cases where service of the summons and complaint or citation is made by mail as authorized in s. 800.01 (2) (e).

AB676,40 Section 40. 938.17 (2) (g) of the statutes is amended to read:

AB676,11,7 938.17 (2) (g) Disposition; truancy or school dropout ordinance violations. If the municipal court finds that a juvenile violated a municipal ordinance enacted under s. 118.163 (1m), it shall enter a dispositional order under s. 938.342 (1d). If a municipal court finds that a juvenile violated a municipal ordinance enacted under s. 118.163 (2), it shall enter a dispositional order under s. 938.342 (1g), and may enter a dispositional order under s. 938.342 (1m) (a), that is consistent with the municipal ordinance. If a municipal court finds that a juvenile violated a municipal ordinance enacted under s. 118.163 (2m), it shall enter a dispositional order under s. 938.342 (2) that is consistent with the municipal ordinance.

AB676,41 Section 41. 938.34 (8) of the statutes is amended to read:

AB676,12,6 938.34 (8) Forfeiture. Impose a forfeiture based upon a determination that this disposition is in the best interest of the juvenile and the juvenile's rehabilitation. The maximum forfeiture that the court may impose under this subsection for a violation by a juvenile is the maximum amount of the fine that may be imposed on an adult for committing that violation or, if the violation is applicable only to a person under 18 years of age, $100. The order shall include a finding that the juvenile alone is financially able to pay the forfeiture and shall allow up to 12 months for payment. If the juvenile fails to pay the forfeiture, the court may vacate the forfeiture and order other alternatives under this section; or the court may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not more than 2 years one year. If the court suspends any license under this subsection, the clerk of the court shall immediately take possession of the suspended license if issued under ch. 29 or, if the license is issued under ch. 343, the court may take possession of, and if possession is taken, shall destroy, the license. The court shall forward to the department which that issued the license a notice of suspension stating that the suspension is for failure to pay a forfeiture imposed by the court, together with any license issued under ch. 29 of which the court takes possession. If the forfeiture is paid during the period of suspension, the suspension shall be reduced to the time period which that has already elapsed and the court shall immediately notify the department , which shall then, if the license is issued under ch. 29, return the license to the juvenile. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.45 (1r) (b).

AB676,42 Section 42. 938.34 (8d) (d) of the statutes is amended to read:

AB676,12,23 938.34 (8d) (d) If the juvenile fails to pay the surcharge under par. (a), the court may vacate the surcharge and order other alternatives under this section, in accordance with the conditions specified in this chapter; or the court may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not less than 30 days nor more than 5 years one year. If the court suspends any license under this subsection, the clerk of the court shall immediately take possession of the suspended license if issued under ch. 29 or, if the license is issued under ch. 343, the court may take possession of, and if possession is taken, shall destroy, the license. The court shall forward to the department which that issued the license a notice of suspension stating that the suspension is for failure to pay a surcharge imposed by the court, together with any license issued under ch. 29 of which the court takes possession. If the surcharge is paid during the period of suspension, the suspension shall be reduced to the time period which that has already elapsed and the court shall immediately notify the department, which shall then, if the license is issued under ch. 29, return the license to the juvenile.

AB676,43 Section 43 . 938.34 (14r) (a) of the statutes is amended to read:

AB676,13,8 938.34 (14r) (a) In addition to any other dispositions imposed under this section, if the juvenile is found to have violated ch. 961 and the violation involved a motor vehicle, the court may suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not less than 6 months nor more than 5 years. If a court suspends a person's operating privilege under this paragraph, the court may take possession of any suspended license. If the court takes possession of a license, it shall destroy the license. The court shall forward to the department of transportation the notice of suspension stating that the suspension or revocation is for a violation of ch. 961.

AB676,44 Section 44. 938.342 (1g) (a) of the statutes is repealed.

AB676,45 Section 45. 938.342 (2) of the statutes is repealed.

AB676,46 Section 46. 938.343 (2) of the statutes is amended to read:

AB676,14,3 938.343 (2) Forfeiture. Impose a forfeiture not to exceed the maximum forfeiture that may be imposed on an adult for committing that violation or, if the violation is only applicable to a person under 18 years of age, $50. The order shall include a finding that the juvenile alone is financially able to pay and shall allow up to 12 months for the payment. If a juvenile fails to pay the forfeiture, the court may suspend any license issued under ch. 29 or suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not more than 2 years one year. The court shall immediately take possession of the suspended license if issued under ch. 29 or, if the license is issued under ch. 343, the court may take possession of, and if possession is taken, shall destroy, the license. The court shall forward to the department which that issued the license the notice of suspension stating that the suspension is for failure to pay a forfeiture imposed by the court, together with any license issued under ch. 29 of which the court takes possession. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which shall, if the license is issued under ch. 29, return the license to the person. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.45 (1r) (b).

AB676,47 Section 47. 938.344 (2) (a) of the statutes is amended to read:

AB676,14,8 938.344 (2) (a) For a first violation, a forfeiture of not more than $50, suspension of the juvenile's operating privilege under s. 343.30 (6) (b) 1., or participation in a supervised work program or other community service work under s. 938.34 (5g).

AB676,48 Section 48. 938.344 (2) (b) of the statutes is amended to read:

AB676,14,15 938.344 (2) (b) For a violation committed within 12 months of one previous violation, a forfeiture of not more than $100 or participation in a supervised work program or other community service work under s. 938.34 (5g). In addition, the juvenile's operating privilege may be suspended under s. 343.30 (6) (b) 2., except that if the violation of s. 125.07 (4) (b) involved a motor vehicle the juvenile's operating privilege shall be suspended under s. 343.30 (6) (b) 2.

AB676,49 Section 49. 938.344 (2) (c) of the statutes is amended to read:

AB676,14,22 938.344 (2) (c) For a violation committed within 12 months of 2 or more previous violations, a forfeiture of not more than $500 or participation in a supervised work program or other community service work under s. 938.34 (5g). In addition, the juvenile's operating privilege may be suspended under s. 343.30 (6) (b) 3., except that if the violation of s. 125.07 (4) (b) involved a motor vehicle the juvenile's operating privilege shall be suspended under s. 343.30 (6) (b) 3.

AB676,50 Section 50. 938.344 (2b) (a) of the statutes is amended to read:

AB676,15,2 938.344 (2b) (a) For a first violation, a forfeiture of not less than $250 nor more than $500, suspension of the juvenile's operating privilege under s. 343.30 (6) (b) 1., or participation in a supervised work program or other community service work under s. 938.34 (5g).

AB676,51 Section 51. 938.344 (2b) (b) of the statutes is amended to read:

AB676,15,9 938.344 (2b) (b) For a violation committed within 12 months of one previous violation, a forfeiture of not less than $300 nor more than $500 or participation in a supervised work program or other community service work under s. 938.34 (5g). In addition, the juvenile's operating privilege may be suspended under s. 343.30 (6) (b) 2., except that if the violation involved a motor vehicle the juvenile's operating privilege shall be suspended under s. 343.30 (6) (b) 2.

AB676,52 Section 52. 938.344 (2b) (c) of the statutes is amended to read:

AB676,15,16 938.344 (2b) (c) For a violation committed within 12 months of 2 or more previous violations, a forfeiture of $500 or participation in a supervised work program or other community service work under s. 938.34 (5g). In addition, the juvenile's operating privilege may be suspended under s. 343.30 (6) (b) 3., except that if the violation involved a motor vehicle the juvenile's operating privilege shall be suspended under s. 343.30 (6) (b) 3.

AB676,53 Section 53. 938.344 (2d) (a) of the statutes is amended to read:

AB676,15,21 938.344 (2d) (a) For a first violation, a forfeiture of not less than $100 nor more than $500, suspension of the juvenile's operating privilege under s. 343.30 (6) (b) 1., or participation in a supervised work program or other community service work under s. 938.34 (5g).

AB676,54 Section 54. 938.344 (2d) (b) of the statutes is amended to read:

AB676,16,2 938.344 (2d) (b) For a violation committed within 12 months of a previous violation, a forfeiture of not less than $300 nor more than $500 , suspension of the juvenile's operating privilege under s. 343.30 (6) (b) 2., or participation in a supervised work program or other community service work under s. 938.34 (5g).

AB676,55 Section 55. 938.344 (2d) (c) of the statutes is amended to read:

AB676,16,7 938.344 (2d) (c) For a violation committed within 12 months of 2 or more previous violations, a forfeiture of $500, suspension of the juvenile's operating privilege under s. 343.30 (6) (b) 3., or participation in a supervised work program or other community service work under s. 938.34 (5g).

AB676,56 Section 56. 938.344 (2e) (a) (intro.) of the statutes is amended to read:

AB676,16,13 938.344 (2e) (a) (intro.) If a court finds a juvenile committed a violation under s. 961.573 (2), 961.574 (2), or 961.575 (2), or a local ordinance that strictly conforms to one of those statutes and the violation involved a motor vehicle, the court shall may suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not less than 6 months nor more than 5 years and, in addition, shall.

AB676,16,16 (am) If a court finds a juvenile committed a violation under s. 961.573 (2), 961.574 (2), or 961.575 (2), or a local ordinance that strictly conforms to those statutes, the court shall order one of the following penalties:

AB676,57 Section 57. 938.344 (2e) (a) 1., 2. and 3. of the statutes are renumbered 938.344 (2e) (am) 1., 2. and 3.

AB676,58 Section 58. 938.355 (6) (d) 2. of the statutes is amended to read:

AB676,17,7 938.355 (6) (d) 2. Suspension of or limitation on the use of the juvenile's operating privilege, as defined under s. 340.01 (40), or of any approval issued to the juvenile under ch. 29 for a period of not more than 3 years. If the juvenile does not hold a valid operator's license under ch. 343, other than an instruction permit under s. 343.07 or a restricted license under s. 343.08, on the date of the order issued under this subdivision, the court may order the suspension to begin on the date on which the juvenile is first eligible for issuance or reinstatement of an operator's license under ch. 343. If the court suspends the juvenile's operating privileges or an approval issued under ch. 29, the court shall immediately take possession of the suspended approval and may take possession of, and if possession is taken, shall destroy, the suspended license. The court shall forward to the department that issued the license or approval the notice of suspension, together with any approval of which the court takes possession.

AB676,59 Section 59. 938.355 (6m) (a) 1m. of the statutes is amended to read:

AB676,17,21 938.355 (6m) (a) 1m. Suspension or limitation on the use of the juvenile's operating privilege, as defined under s. 340.01 (40), or of any approval issued to the juvenile under ch. 29 for not more than one year. If the juvenile does not hold a valid operator's license under ch. 343, other than an instruction permit under s. 343.07 or a restricted license under s. 343.08, on the date of the order issued under this subdivision, the court may order the suspension or limitation to begin on the date on which the juvenile is first eligible for issuance or reinstatement of an operator's license under ch. 343. If the court suspends a juvenile's operating privilege or an approval issued under ch. 29, the court shall immediately take possession of the suspended approval and may take possession of, and if possession is taken, shall destroy, the suspended license. The court shall forward to the department that issued the license or approval a notice stating the reason for and the duration of the suspension, together with any approval of which the court takes possession.

AB676,60 Section 60. 938.355 (6m) (ag) of the statutes is amended to read:

AB676,18,10 938.355 (6m) (ag) Violation of truancy order. If the court finds by a preponderance of the evidence that a juvenile who has been found to have violated a municipal ordinance enacted under s. 118.163 (1m) has violated a condition specified under sub. (2) (b) 7., the court may order as a sanction any combination of the operating privilege suspension specified in par. (a) and the dispositions specified in s. 938.342 (1g) (b) to (k) and (1m), regardless of whether the disposition was imposed in the order violated by the juvenile. A sanction may be imposed under this paragraph only if at the dispositional hearing under s. 938.335 the court explained those conditions to the juvenile and informed the juvenile of the possible sanctions under this paragraph for a violation or if before the violation the juvenile has acknowledged in writing that he or she has read, or has had read to him or her, those conditions and possible sanctions and that he or she understands those conditions and possible sanctions.

AB676,61 Section 61. 938.364 of the statutes is repealed.

AB676,62 Section 62 . 943.21 (3m) (a) 2., (b), (c) and (d) of the statutes are amended to read:

AB676,18,17 943.21 (3m) (a) 2. “Repeat offense with a vehicle" means a violation of sub. (1m) (d) that involves or occurs in a vehicle and that occurs after a person has been found by a court to have violated sub. (1m) (d) if that previous violation involved or occurred in a vehicle.

AB676,18,21 (b) Driver's license suspension; 2nd offense. Subject to pars. (c) and (d), if a person commits a repeat offense with a vehicle, the court, in addition to imposing any penalty under sub. (3) (bm), may suspend the person's operating privilege for not more than 6 months.

AB676,19,2 (c) Driver's license suspension; 3rd offense. Subject to par. (d), if a person violates sub. (1m) (d) after having been found by a court to have committed an offense that constitutes a repeat offense with a vehicle, and the current violation involves or occurs in a vehicle, the court, in addition to imposing any penalty under sub. (3) (bm), shall suspend the person's operating privilege for not more than 6 months.

AB676,19,7 (d) Driver's license suspension; 4th offense. If a person violates sub. (1m) (d) after having his or her operating privilege suspended under par. (c), and the current violation involves or occurs in a vehicle, the court, in addition to imposing any penalty under sub. (3) (bm), shall suspend the person's operating privilege for one year.