AB853: Bill Text

2021 Assembly BILL 853

January 18, 2022 - Introduced by Representatives Shelton, Snodgrass, Andraca, Billings, Considine, Emerson, Hebl, B. Meyers, Pope, Sinicki, Stubbs, Subeck, Vruwink and Drake, cosponsored by Senators Agard and Larson. Referred to Committee on Criminal Justice and Public Safety.

AB853,1,4 An Act to amend 346.23 (1), 346.23 (2), 346.24 (1), 346.24 (2), 346.37 (1) (a) 1., 346.37 (1) (c) 3., 346.37 (1) (c) 4., 346.37 (1) (d) 1. and 346.37 (1) (e) 1. of the statutes; relating to: requiring vehicles to stop for pedestrians at certain intersections and crosswalks.

Analysis by the Legislative Reference Bureau

This bill requires a vehicle operator to stop his or her vehicle and remain stopped until a pedestrian crossing at a crosswalk has completed crossing the roadway.

Under current law, the operator of a vehicle is required to yield the right-of-way to a pedestrian, personal delivery device, bicyclist, or rider of an electric scooter or electric personal assistive mobility device that is crossing a highway at an intersection or crosswalk controlled by a traffic signal on a green or “walk" signal or that is crossing a highway at an intersection or crosswalk not controlled by a traffic signal within a marked or unmarked crosswalk. “Yield the right-of-way to a pedestrian" is defined to mean that the operator of a vehicle must reduce speed, or stop if necessary, to avoid endangering, colliding with, or interfering with pedestrian travel.

The bill requires that, under these circumstances, rather than yield, the vehicle operator must stop the vehicle and remain stopped until the pedestrian, personal delivery device, bicyclist, or rider of an electric scooter or electric personal assistive mobility device has completed crossing the roadway.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB853,1 Section 1. 346.23 (1) of the statutes is amended to read:

AB853,3,3 346.23 (1) At an intersection or crosswalk where traffic is controlled by traffic control signals or by a traffic officer, the operator of a vehicle shall yield the right-of-way to stop the vehicle when a pedestrian or personal delivery device, or to a person who is riding a bicycle, electric scooter, or electric personal assistive mobility device in a manner which that is consistent with the safe use of the crosswalk by pedestrians, that has started to cross the highway on a green signal or a pedestrian signal authorizing crossing and in and shall remain stopped until the pedestrian, personal delivery device, bicyclist, or rider of an electric scooter or electric personal assistive mobility device has completed crossing the roadway. In all other cases, pedestrians, bicyclists, and riders of electric scooters and electric personal assistive mobility devices shall yield, and personal delivery device operators shall ensure that personal delivery devices yield, the right-of-way to vehicles lawfully proceeding directly ahead on a green signal. No The operator of a vehicle proceeding ahead on a green signal may begin a and preparing to turn at a controlled intersection or crosswalk when where a pedestrian, personal delivery device, bicyclist, or rider of an electric scooter or an electric personal assistive mobility device is crossing in the crosswalk on a green signal or a pedestrian signal authorizing crossing would be endangered or interfered with in any way shall stop the vehicle and shall remain stopped until the pedestrian, personal delivery device, bicyclist, or rider of an electric scooter or electric personal assistive mobility device has completed crossing the roadway. The rules stated in this subsection are modified at intersections or crosswalks on divided highways or highways provided with safety zones in the manner and to the extent stated in sub. (2).

AB853,2 Section 2. 346.23 (2) of the statutes is amended to read:

AB853,3,15 346.23 (2) At intersections or crosswalks on divided highways or highways provided with safety zones where traffic is controlled by traffic control signals or by a traffic officer, the operator of a vehicle shall yield the right-of-way to stop the vehicle when a pedestrian, personal delivery device, bicyclist, or rider of an electric scooter or an electric personal assistive mobility device that has started to cross the roadway either from the near curb or shoulder or from the center dividing strip or a safety zone with the green signal or a pedestrian signal authorizing crossing in the favor of the pedestrian, personal delivery device, bicyclist, or rider of an electric scooter or an electric personal assistive mobility device and shall remain stopped until the pedestrian, personal delivery device, bicyclist, or rider of an electric scooter or electric personal assistive mobility device has completed crossing the roadway.

AB853,3 Section 3. 346.24 (1) of the statutes is amended to read:

AB853,3,25 346.24 (1) At an intersection or crosswalk where traffic is not controlled by traffic control signals or by a traffic officer, the operator of a vehicle shall yield the right-of-way to stop the vehicle when a pedestrian or personal delivery device, or to a person riding a bicycle, electric scooter, or electric personal assistive mobility device in a manner which that is consistent with the safe use of the crosswalk by pedestrians, that is crossing the highway within a marked or unmarked crosswalk and shall remain stopped until the pedestrian, personal delivery device, bicyclist, or rider of an electric scooter or electric personal assistive mobility device has completed crossing the roadway.

AB853,4 Section 4. 346.24 (2) of the statutes is amended to read:

AB853,4,7 346.24 (2) No pedestrian, personal delivery device, bicyclist, or rider of an electric scooter or an electric personal assistive mobility device may suddenly leave, and no personal delivery device operator may allow a personal delivery device to suddenly leave, a curb or other place of safety and walk, run, or ride into the path of a vehicle which that is so close that it is difficult for the operator of the vehicle to yield stop.

AB853,5 Section 5. 346.37 (1) (a) 1. of the statutes is amended to read:

AB853,4,13 346.37 (1) (a) 1. Vehicular traffic facing a green signal may proceed straight through, make a U-turn, or turn right or left unless a sign at such place prohibits the turning maneuver, but, subject to s. 346.23, vehicular traffic shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited.

AB853,6 Section 6. 346.37 (1) (c) 3. of the statutes is amended to read:

AB853,5,5 346.37 (1) (c) 3. Vehicular traffic facing a red signal at an intersection may, after stopping as required under subd. 1., cautiously enter the intersection to make a right turn into the nearest lawfully available lane for traffic moving to the right or to turn left from a one-way highway into the nearest lawfully available lane of a one-way highway on which vehicular traffic travels to the left. Vehicular traffic in the leftmost right-turn lane of a roadway that provides 2 right-turn lanes may make a right turn on a red signal into a lawfully available lane that is 2nd to the rightmost lane for traffic moving to the right. Except for a vehicle turning right from the leftmost right-turn lane of a roadway that provides 2 right-turn lanes, no turn may be made on a red signal if lanes of moving traffic are crossed. No turn may be made on a red signal if a sign at the intersection prohibits the turn on a red signal. In Subject to s. 346.23, in making a turn on a red signal vehicular traffic shall yield the right-of-way to pedestrians, personal delivery devices, bicyclists, and riders of electric scooters and electric personal assistive mobility devices lawfully within a crosswalk, to operators of vehicles making a lawful U-turn, and to other traffic lawfully using the intersection.

AB853,7 Section 7. 346.37 (1) (c) 4. of the statutes is amended to read:

AB853,5,18 346.37 (1) (c) 4. Notwithstanding subd. 1., a motorcycle, moped, motor bicycle, or bicycle facing a red signal at an intersection may, after stopping as required under subd. 1. for not less than 45 seconds, proceed cautiously through the intersection before the signal turns green if no other vehicles are present at the intersection to actuate the signal and the operator of the motorcycle, moped, motor bicycle, or bicycle reasonably believes the signal is vehicle actuated. The Subject to s. 346.23, the operator of a motorcycle, moped, motor bicycle, or bicycle proceeding through a red signal under this subdivision shall yield the right-of-way to any vehicular traffic, pedestrian, personal delivery device, bicyclist, or rider of an electric scooter or an electric personal assistive mobility device proceeding through a green signal at the intersection or lawfully within a crosswalk or using the intersection. This subdivision does not affect any authorization for a bicyclist under subd. 2.

AB853,8 Section 8. 346.37 (1) (d) 1. of the statutes is amended to read:

AB853,6,2 346.37 (1) (d) 1. Vehicular traffic facing a green arrow signal may enter the intersection to make the movement indicated by the arrow but, subject to s. 346.23, shall yield the right-of-way to pedestrians, personal delivery devices, bicyclists, and riders of electric scooters and electric personal assistive mobility devices lawfully within a crosswalk and to other traffic lawfully using the intersection. Vehicular traffic facing a left turn arrow may make a U-turn unless a sign prohibits U-turns. When the green arrow signal indicates a right or left turn traffic shall cautiously enter the intersection.

AB853,9 Section 9. 346.37 (1) (e) 1. of the statutes is amended to read:

AB853,6,10 346.37 (1) (e) 1. Vehicular traffic facing a flashing yellow arrow signal may cautiously enter the intersection to make the movement indicated by the arrow but, subject to s. 346.23, shall yield the right-of-way to pedestrians, personal delivery devices, bicyclists, and riders of electric scooters and electric personal assistive mobility devices lawfully within a crosswalk and to other traffic lawfully using the intersection. Vehicular traffic facing a left turn arrow may make a U-turn unless a sign prohibits U-turns.

AB853,10 Section 10 . Initial applicability.

AB853,6,16 (1) This act first applies to offenses committed on the effective date of this subsection but does not preclude the counting of other convictions as prior convictions for purposes of sentencing by a court, administrative action by the department of transportation, or suspension or revocation of motor vehicle operating privileges.

AB853,6,17 (End)