LRB-5506/1

EAW&ZDW:wlj

2019 - 2020 LEGISLATURE

2019 Senate BILL 769

January 30, 2020 - Introduced by Senators Kapenga, Kooyenga, Fitzgerald, Craig, Darling, Feyen, Nass, Stroebel and Wanggaard, cosponsored by Representatives Hutton, Sanfelippo, Knodl, Edming, Gundrum, James, Kuglitsch, Neylon, Ramthun, Rodriguez, Skowronski, Tittl, Wichgers and Dittrich. Referred to Committee on Judiciary and Public Safety.

SB769,1,8 An Act to renumber and amend 938.34 (14m); to amend 346.17 (3) (a), 346.17 (3) (b), 346.17 (3) (c), 346.17 (3) (d), 346.65 (1) (a), 346.65 (1) (b), 346.65 (3), 346.65 (4m), 346.65 (5), 943.23 (1g), 943.23 (1r), 943.23 (2) (a), 943.23 (2) (b), 943.23 (2g), 943.23 (3) (a), 943.23 (3) (b) and 943.23 (3g); and to create 938.266, 938.34 (8m), 938.34 (14m) (b), 939.6197, 967.055 (2) (c), 967.055 (2) (d), 967.056 and 973.0337 of the statutes; relating to: theft of a vehicle; victim impact panels; increased penalties for reckless driving; increased penalties for fleeing an officer; and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill increases the penalties for vehicle theft, reckless driving, and fleeing an officer.

Vehicle theft

Under current law, if a person takes or operates a vehicle or commercial motor vehicle without the consent of the owner (vehicle theft), the person is guilty of a felony. Under current law, the class of felony for the crime of vehicle theft depends on whether the person used force, the type of force used, whether it is a repeat offense, and whether the vehicle was a commercial vehicle.

The bill increases the penalties for vehicle theft by one felony classification and imposes a 30-day mandatory minimum term of incarceration for vehicle theft, for knowingly being a passenger in a stolen vehicle, or for removing a part of a vehicle without the consent of the owner.

Currently, subject to certain exceptions, a person under 17 years of age who is alleged to have violated a criminal law is subject to the jurisdiction of the Juvenile Court, which is assigned to exercise jurisdiction under the Juvenile Justice Code, and is subject to the procedures and dispositions specified in the Juvenile Justice Code. Under current law, a person who is under the jurisdiction of the Juvenile Court is not subject to the sentencing requirements under the Criminal Code. Under the bill, if a juvenile has been adjudged delinquent for vehicle theft, for knowingly being a passenger in a stolen vehicle, or for stealing a part of a vehicle, the Juvenile Court is required to place the juvenile in a secured placement in a juvenile detention facility, juvenile portion of a county jail, or juvenile correctional facility for a minimum of 30 days, in addition to any other dispositions that are available under the Juvenile Justice Code.

Under the bill, if a prosecutor seeks to amend or dismiss a charge of vehicle theft, or if a petitioner seeks to amend or dismiss a petition that alleges that a juvenile has violated the vehicle theft laws, the charge or petition may be amended or dismissed only if the court finds that doing so is consistent with the public's interest in deterring the theft of motor vehicles.

Reckless driving

Under current law, no person may endanger the safety of any person or property by the negligent operation of a vehicle, commonly referred to as “reckless driving.” Under the bill:

1. The penalty for reckless driving is increased from a $25-$200 forfeiture to a $50-$500 forfeiture.

2. The penalty for a second or subsequent reckless driving offense in a four-year period is increased from a fine of $50-$500 to a fine of $100-$1,000.

3. The penalty for recklessly driving on or across a railroad crossing is increased from a $300-$1,000 forfeiture to a $600-$10,000 forfeiture.

4. The penalty for reckless driving that causes bodily harm to another is increased from a $300-$2,000 fine and imprisonment of up to a year to a Class I felony.

5. The penalty for reckless driving that causes great bodily harm to another is increased from a Class I felony to a Class H felony.