January 24, 2025 - Introduced by Senators Jacque, Wanggaard and Tomczyk, cosponsored by Representatives Penterman, Murphy, B. Jacobson, Knodl, O'Connor, Piwowarczyk, Spaude and Tusler. Referred to Committee on Judiciary and Public Safety.
SB6,1,2
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 the following offenses, the vehicle used in the offense may be immediately impounded and remain impounded for 90 days or, for a violation occurring on a highway under the jurisdiction of a political subdivision, a shorter period established by the political subdivision:
1. Operating a vehicle without a license, with certain exceptions, or with a revoked operating privilege.
2. Speeding at a rate higher than 25 miles per hour above the speed limit.
3. Fleeing from a law enforcement officer.
4. 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:
SB6,13Section 1. 345.13 of the statutes is created to read: SB6,2,4
1345.13 Impoundment. (1) If a law enforcement officer arrests, or issues a 2citation to, a person for a violation of any of the following, or an ordinance in 3conformity with any of the following, the officer may immediately impound the 4vehicle used in the violation: SB6,2,75(a) A 2nd or subsequent violation of s. 343.05. This paragraph does not apply 6to a vehicle operated by a person who holds an expired operator’s license that 7expired not more than 3 months before the violation. SB6,2,88(b) A violation of s. 343.44 (1) (b) to (d). SB6,2,119(c) A violation of a speed restriction established under s. 346.57 for which the 10speed was greater than 25 miles per hour above the speed restriction established 11under s. 346.57 or 349.11. SB6,2,1212(d) A violation of s. 346.04 (2t) or (3). SB6,2,1313(e) A violation of s. 346.94 (2). SB6,2,1714(2) Except as provided in sub. (3), an impoundment under sub. (1) shall be for 1590 days. A city, village, town, or county may establish by ordinance an 16impoundment period under this subsection that is less than 90 days for offenses 17occurring on a highway under the jurisdiction of the city, village, town, or county. SB6,2,2218(3) (a) The owner of a vehicle impounded under sub. (1) may request release of 19the vehicle at any time. The law enforcement agency impounding the vehicle shall 20release the vehicle upon the request of the owner if the law enforcement agency is 21satisfied that the requester is the owner of the vehicle and the vehicle was not being 22operated with the owner’s consent at the time of the violation. SB6,3,723(b) A person claiming that a vehicle owned by the person was improperly
1impounded under sub. (1) or that the person otherwise has a right to immediate 2possession of a vehicle impounded under sub. (1) may petition the circuit court for 3the county in which the vehicle was seized for the vehicle’s release. The court shall 4hold a hearing no more than 30 days after the petition is filed, except that the 5hearing may be postponed by no more than 10 days by agreement or for good cause. 6If the petitioner’s right to the immediate possession of the vehicle is proved to the 7court’s satisfaction, the court shall order the vehicle released. SB6,3,118(c) If, within the period of impoundment for the violation, a person is found 9not guilty of the violation upon which an impoundment under sub. (1) is based or 10the citation alleging the violation is dismissed, the impounded vehicle shall be 11released immediately. SB6,3,1412(d) If, within the period of impoundment for the violation, a person is found 13guilty of the violation upon which an impoundment under sub. (1) is based, the 14court may increase or decrease the period of impoundment. SB6,3,2015(4) If a person is found guilty of the violation upon which an impoundment 16under sub. (1) is based, the court shall impose and collect from the person the costs 17that the law enforcement agency reasonably incurs or expects to incur for the 18impoundment of the vehicle. The court shall disburse any amounts collected under 19this subsection to the law enforcement agency that incurred or expects to incur the 20costs for the impoundment of the vehicle. SB6,4,221(5) A law enforcement agency that has impounded a vehicle under sub. (1) 22may dispose of the vehicle by following the same procedure as provided for disposing 23of an abandoned vehicle under s. 342.40 if the impounded vehicle remains
1unclaimed for more than 90 days after the completion of the period of impoundment 2or the release of the vehicle. SB6,23Section 2. Initial applicability. SB6,4,54(1) This act first applies to violations committed on the effective date of this 5subsection.
