2021 - 2022 LEGISLATURE
March 10, 2022 - Introduced by Representatives Bowen, Sinicki and Shelton,
cosponsored by Senator Jacque. Referred to Committee on Rules.
AB1180,1,2
1An Act to create 345.13 of the statutes;
relating to: impoundment of vehicles
2used in certain traffic offenses.
Analysis by the Legislative Reference Bureau
Under this bill, in addition to the penalties available under current law for
following offenses, the vehicle used in the offense may be immediately impounded
and remain impounded for 90 days:
1. Speeding at a rate higher than 25 miles per hour above the speed limit.
2. Fleeing from a law enforcement officer.
3. Racing on a highway.
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:
AB1180,1
3Section
1. 345.13 of the statutes is created to read:
AB1180,1,7
4345.13 Impoundment. (1) If a law enforcement officer arrests, or issues a
5citation to, a person for a violation of any of the following, or an ordinance in
6conformity with any of the following, the officer may immediately impound the
7vehicle used in the violation:
AB1180,2,3
1(a) A violation of a speed restriction established under s. 346.57 for which the
2speed was greater than 25 miles per hour above the speed restriction established
3under s. 346.57 or 349.11.
AB1180,2,44
(b) A violation of s. 346.04 (2t) or (3).
AB1180,2,55
(c) A violation of s. 346.94 (2).
AB1180,2,7
6(2) Except as provided in sub. (3), an impoundment under sub. (1) shall be for
790 days.
AB1180,2,12
8(3) (a) The owner of a vehicle impounded under sub. (1) may request release
9of the vehicle at any time. The law enforcement agency impounding the vehicle shall
10release the vehicle upon the request of the owner if the law enforcement agency is
11satisfied that the requester is the owner of the vehicle and the vehicle was not being
12operated with the owner's consent at the time of the violation.
AB1180,2,2013
(b) A person claiming that a vehicle owned by the person was improperly
14impounded under sub. (1) or that the person otherwise has a right to immediate
15possession of a vehicle impounded under sub. (1) may petition the circuit court for
16the county in which the vehicle was seized for the vehicle's return. The court shall
17hold a hearing no more than 30 days after the petition is filed, except that the hearing
18may be extended by no more than 10 days by agreement or for good cause. If the
19petitioner's right to the immediate possession of the vehicle is proved to the court's
20satisfaction, the court shall order the vehicle returned.
AB1180,2,2421
(c) If, within 90 days of the date of that violation, a person is found not guilty
22of the violation upon which an impoundment under this section is based or the
23citation alleging the violation is dismissed, the impounded vehicle shall be released
24immediately.
AB1180,3,3
1(d) If, within 90 days of the date of that violation, a person is found guilty of the
2violation upon which an impoundment under this section is based, the court may
3increase or decrease the period of impoundment.
AB1180,2
4Section
2.
Initial applicability.
AB1180,3,65
(1) This act first applies to violations committed on the effective date of this
6subsection.
