SB404,,112023 SENATE BILL 404
September 8, 2023 - Introduced by Senators Wanggaard, Cabral-Guevara, Hutton, Jacque, James, Marklein and Tomczyk, cosponsored by Representatives Spiros, Dittrich, Donovan, Edming, S. Johnson, Murphy, O’Connor, Penterman, Schutt and Brandtjen. Referred to Committee on Judiciary and Public Safety.
SB404,,22An Act to repeal 343.44 (2) (ad), 343.44 (2) (ag) and 343.44 (2) (ar); to amend 343.05 (5) (b) 1., 343.05 (5) (b) 4., 343.05 (5) (b) 5. and 343.44 (2) (b) (intro.); to repeal and recreate 343.05 (5) (am); and to create 343.44 (2) (a) and 351.02 (1) (a) 11. of the statutes; relating to: penalties for operating a motor vehicle without a license or after license suspension or revocation and providing a penalty.
SB404,,33Analysis by the Legislative Reference Bureau
Current law prohibits a person from operating a motor vehicle without a valid operator’s license or while the person’s operating privilege has been suspended or revoked. This bill increases the penalties for certain violations of operating without a license (OWL). The bill also consolidates and modifies the existing penalties for operating while suspended (OWS) and operating after revocation (OAR) and provides for additional penalties.
Operating without a license
1. Under current law, a person who has more than one operator’s license at a time or who unlawfully operates a commercial motor vehicle is subject to a forfeiture of up to $600 and six months imprisonment for a first offense, with increasing penalties for subsequent offenses. Under the bill, the person is guilty of a Class B misdemeanor.
2. Under current law, a person who is guilty of an OWL violation is subject to a forfeiture of up to $200 for a first offense, with increasing penalties for certain second and third offenses. Under the bill, a person who is guilty of a second or subsequent OWL violation is guilty of a Class A misdemeanor. The bill also provides that a person who accumulates four or more convictions of OWL is a habitual traffic offender.
3. Under current law, a person who is guilty of an OWL violation that causes great bodily harm or death to another is subject to a fine of up to $7,500 and $10,000, respectively. Under the bill, the person is guilty of a Class H and Class F felony, respectively.
4. Under current law, a person who is guilty of an OWL violation that causes great bodily harm or death to another and who knew that he or she was operating without a license at the time of the violation is guilty of a Class I and Class H felony, respectively. The bill increases these penalties to a Class G and Class E felony, respectively.
Operating while suspended or after revocation
1. Under current law, a person who is guilty of OWS or OAR is subject to a forfeiture of up to $200 and $2,500, respectively. Under the bill, the person is guilty of a Class B and Class A misdemeanor, respectively.
2. Under current law, a person who is guilty of OAR and whose license was revoked for operating while intoxicated or a related violation is subject to a fine of up to $2,500 and up to one year of imprisonment. Under the bill, the person is guilty of a Class I felony.
3. Under current law, a person who is guilty of OAR and who has previously been convicted of an OAR violation where the revocation was for certain qualifying convictions (generally, felonies involving the use of a vehicle) is subject to a fine of up to $10,000 and up to one year of imprisonment. Under the bill, the person is guilty of a Class I felony.