AB696: Bill Text

AB696,12,10 344.65 (1) (a) 1. Any Except as provided in subds. 2. to 4., any person who violates s. 344.62 (1) may shall be required to forfeit not more than $500 $100 for a first offense and not less than $250, plus costs, fees, and surcharges as provided in s. 345.47 (1), nor more than $750, plus costs, fees, and surcharges as provided in s. 345.47 (1), for a 2nd or subsequent offense occurring within 3 years. Notwithstanding s. 345.47 (1), the court may not impose costs, fees, or surcharges for a first offense under this subdivision.

AB696,26 Section 26 . 344.65 (1) (a) 2. of the statutes is created to read:

AB696,12,16 344.65 (1) (a) 2. Any person who commits a 2nd or subsequent violation of s. 344.62 (1) and, in the course of the violation, causes great bodily harm, as defined in s. 939.22 (14), to another person may be required to forfeit not less than $250, plus costs, fees, and surcharges as provided in s. 345.47 (1), nor more than $2,500, plus costs, fees, and surcharges as provided in s. 345.47 (1).

AB696,27 Section 27 . 344.65 (1) (a) 3. of the statutes is created to read:

AB696,12,21 344.65 (1) (a) 3. Any person who violates s. 344.62 (1) and, in the course of the violation, causes the death of another person may be required to forfeit not less than $500, plus costs, fees, and surcharges as provided in s. 345.47 (1), nor more than $7,500, plus costs, fees, and surcharges as provided in s. 345.47 (1).

AB696,28 Section 28 . 344.65 (1) (a) 4. of the statutes is created to read:

AB696,13,5 344.65 (1) (a) 4. If, no later than the time of the person's appearance in court, the person provides proof that he or she currently has in effect a motor vehicle liability policy with respect to the motor vehicle operated in the alleged violation of s. 344.62 (1) for a person's first violation of s. 344.62 (1) in the person's lifetime, the court may not impose a penalty or any cost, fee, or surcharge associated with the violation. This proof may be provided to the clerk of courts in the county where the offense allegedly occurred. This subdivision does not apply to a violation to which subd. 3. applies.

AB696,29 Section 29 . 344.65 (1) (b) of the statutes is repealed.

AB696,30 Section 30 . 344.65 (1) (c) of the statutes is amended to read:

AB696,13,21 344.65 (1) (c) No person charged with violating s. 344.62 (2) (1) may be convicted if the person produces proof that he or she was in compliance with s. 344.62 (1) at the time the person was issued a uniform traffic citation for violating s. 344.62 (2) the violation. This proof may be produced either at the time of the person's appearance in court in response to the citation; if provided before the time of the person's appearance in court, to the clerk of courts in the county where the offense allegedly occurred; or, if provided within 10 days of the citation, in the office of the traffic officer issuing the citation. This proof may be produced in either paper or electronic format, including by display of electronic images on a cellular telephone or other electronic device. If this proof is displayed in electronic format on any cellular telephone or other electronic device, the person to whom the proof is displayed may not view, and producing proof in electronic format is not considered consent for the person to view, any content on the telephone or other device except the proof required under s. 344.62 (2) to demonstrate compliance with s. 344.62 (1).

AB696,31 Section 31 . 344.65 (2) of the statutes is repealed.

AB696,32 Section 32. 628.34 (14) (d) 2. c. of the statutes is repealed.

AB696,33 Section 33 . 757.05 (1) (a) of the statutes is amended to read:

AB696,14,10 757.05 (1) (a) Whenever a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) or (2m), for a financial responsibility violation under s. 344.62 (2), or for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations, violations under s. 343.51 (1m) (b), or safety belt use violations under s. 347.48 (2m), there shall be imposed in addition a penalty surcharge under ch. 814 in an amount of 26 percent of the fine or forfeiture imposed. If multiple offenses are involved, the penalty surcharge shall be based upon the total fine or forfeiture for all offenses. When a fine or forfeiture is suspended in whole or in part, the penalty surcharge shall be reduced in proportion to the suspension.

AB696,34 Section 34 . 814.63 (1) (c) of the statutes is amended to read:

AB696,14,15 814.63 (1) (c) This subsection does not apply to an action for a violation of s. 101.123 (2) or (2m), for a financial responsibility violation under s. 344.62 (2), for a violation under s. 343.51 (1m) (b), or for a safety belt use violation under s. 347.48 (2m).

AB696,35 Section 35 . 814.63 (2) of the statutes is amended to read:

AB696,14,23 814.63 (2) Upon the disposition of a forfeiture action in circuit court for violation of a county, town, city, village, town sanitary district, or public inland lake protection and rehabilitation district ordinance, except for an action for a financial responsibility violation under s. 344.62 (2) or for a violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m), the county, town, city, village, town sanitary district, or public inland lake protection and rehabilitation district shall pay a nonrefundable fee of $5 to the clerk of circuit court.

AB696,36 Section 36 . 814.65 (1) of the statutes is amended to read:

AB696,15,9 814.65 (1) Court costs. In a municipal court action, except for a financial responsibility violation under s. 344.62 (2) or for a violation of an ordinance in conformity with s. 343.51 (1m) (b) or 347.48 (2m), the municipal judge shall collect a fee of not less than $15 nor more than $38 on each separate matter, whether it is on default of appearance, a plea of guilty or no contest, on issuance of a warrant or summons, or the action is tried as a contested matter. Of each fee received by the judge under this subsection, the municipal treasurer shall pay monthly $5 to the secretary of administration for deposit in the general fund and shall retain the balance for the use of the municipality.

AB696,37 Section 37 . 814.85 (1) (a) of the statutes is amended to read:

AB696,15,16 814.85 (1) (a) Except for an action for a financial responsibility violation under s. 344.62 (2), or for a violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $68 court support services surcharge from any person, including any governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am) or 814.63 (1).

AB696,38 Section 38 . 814.86 (1) of the statutes is amended to read:

AB696,15,24 814.86 (1) Except for an action for a financial responsibility violation under s. 344.62 (2), or for a violation under s. 343.51 (1m) (b) or a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $21.50 justice information system surcharge from any person, including any governmental unit, as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62 (1), (2), or (3) (a) or (b), or 814.63 (1). The justice information system surcharge is in addition to the surcharge listed in sub. (1m).

AB696,39 Section 39 . Fiscal changes.

AB696,16,7 (1) In the schedule under s. 20.005 (3) for the appropriation to the department of transportation under s. 20.395 (5) (cq), the dollar amount for fiscal year 2019-20 is increased by $576,450 to increase funding for enforcing and administering the motor vehicle financial responsibility program. In the schedule under s. 20.005 (3) for the appropriation to the department of transportation under s. 20.395 (5) (cq), the dollar amount for fiscal year 2020-21 is increased by $562,900 to increase funding for enforcing and administering the motor vehicle financial responsibility program.

AB696,40 Section 40 . Initial applicability.

AB696,16,13 (1) The treatment of s. 344.65 (1) (b) and (c) and (2), the renumbering and amendment of s. 344.65 (1) (a), and the creation of s. 344.65 (1) (a) 2. and 3. first apply to violations committed on the effective date of this subsection, but does not preclude the counting of other violations as prior violations for purposes of sentencing a person.

AB696,16,15 (2) The treatment of ss. 344.25 (2m) and 344.26 (1) (am) first applies to violations committed on the effective date of this subsection.

AB696,16,17 (3) The treatment of ss. 341.08 (1g) and 341.10 (2) (bm) first applies to applications for original registration made on the effective date of this subsection.

AB696,16,19 (4) The treatment of ss. 343.05 (5m) and (6) and 343.44 (4) and (5) first applies to violations committed on the effective date of this subsection.

AB696,16,23 (5) The treatment of ss. 343.05 (2) (a) (intro.) and (3) (a) and 343.44 (1) (a) and (b) first applies to violations committed on the effective date of this subsection, but does not preclude the counting of other violations as prior violations for purposes of administrative action by the department of transportation or sentencing by a court.

AB696,41 Section 41 . Effective dates. This act takes effect on the day after publication, except as follows:

AB696,17,4 (1) The treatment of ss. 344.25 (title) and 344.26 (1) (a) and (b) (intro.) and 1., the renumbering and amendment of s. 344.25, the repeal and recreation of s. 344.26 (title), and the creation of ss. 344.25 (2m) and 344.26 (1) (am) and Section 40 (2) of this act take effect on the first day of the 10th month beginning after publication.

AB696,17,5 (End)