2019 - 2020 LEGISLATURE

2019 Assembly BILL 746

January 16, 2020 - Introduced by Representatives Shankland, Loudenbeck, Spiros, Anderson, Bowen, Considine, Dittrich, Emerson, Fields, Hebl, James, Kitchens, Kulp, Milroy, Mursau, Novak, Plumer, Sinicki, Subeck, Tusler and Vruwink, cosponsored by Senators Testin, Carpenter, Bewley, Marklein, Olsen, Schachtner and Larson. Referred to Committee on Criminal Justice and Public Safety.

AB746,1,7 An Act to renumber and amend 346.17 (5), 346.22 (1) (b), 346.43 (1) (b) 3., 346.49 (1) (c), 346.60 (3m) (a), 346.65 (5m) and 349.11 (10); to amend 346.43 (4) (a), 346.43 (4) (b), 346.49 (5) (a), 346.49 (5) (b), 346.89 (4m) and 349.06 (3); and to create 340.01 (15pu), 346.17 (5) (b), 346.22 (1) (b) 2., 346.43 (1) (b) 3. b., 346.49 (1) (c) 2., 346.60 (3m) (a) 2., 346.65 (5m) (b) and 349.11 (10) (b) of the statutes; relating to: traffic violations when emergency or roadside response vehicles are present and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill increases the penalties for certain traffic violations that are committed where an authorized emergency vehicle or tow truck giving a visible signal is present and law enforcement officers, fire fighters, or emergency medical personnel or tow truck operators are at risk from traffic (emergency or roadside response area).

Under current law, the amount of any applicable minimum and maximum fine or forfeiture is doubled for specified traffic violations committed where persons working in a highway maintenance or construction area or utility area are at risk from traffic. These traffic violations include failing to follow certain traffic signs and signals, failing to follow certain orders of traffic officers, exceeding certain maximum speed limits, and driving recklessly. Under the bill, the minimum and maximum fine or forfeiture for these covered violations is also doubled when committed in an emergency or roadside response area. Also under the bill, if an operator commits one of the covered violations in a highway maintenance or construction area, utility work area, or emergency or roadside response area and the violation results in an injury to another, the operator may be fined not more than $10,000 or imprisoned not more than nine months, or both.

Current law prohibits inattentive driving of a motor vehicle in general and in several specific manners. Among the specific prohibitions is a prohibition of using a wireless telephone while driving a motor vehicle in a construction zone. A person who violates this particular prohibition may be required to forfeit not less than $20 nor more than $40 for the first offense and not less than $50 nor more than $100 for the second or subsequent conviction within a year.

The bill specifically prohibits using a wireless telephone while driving a motor vehicle in an emergency or roadside response area. The penalty for a violation of this prohibition is the same as is provided for the offense described above.

Also under current law, local authorities may post temporary reduced speed limits on highways under construction or repair. The bill allows law enforcement officers, fire fighters, or emergency medical responders to post temporary reduced speed limits in response to an emergency.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.

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:

AB746,1 Section 1 . 340.01 (15pu) of the statutes is created to read:

AB746,2,6 340.01 (15pu) “Emergency or roadside response area” means the section of roadway where an authorized emergency vehicle giving a visible signal or tow truck flashing red lamps, as required by s. 347.26 (6) (b), is present and law enforcement officers, fire fighters, or emergency medical personnel or tow truck operators are at risk from traffic.

AB746,2 Section 2 . 346.17 (5) of the statutes is renumbered 346.17 (5) (a) and amended to read:

AB746,3,3 346.17 (5) (a) If Except as provided in par. (b), if an operator of a vehicle violates s. 346.04 (1) or (2) where persons engaged in work in a highway maintenance or construction area or in a , utility work area, or emergency or roadside response area are at risk from traffic, any applicable minimum and maximum forfeiture specified in sub. (1) for the violation shall be doubled.

AB746,3 Section 3 . 346.17 (5) (b) of the statutes is created to read:

AB746,3,13 346.17 (5) (b) If an operator of a vehicle violates s. 346.04 (1) or (2) where persons engaged in work in a highway maintenance or construction area, utility work area, or emergency or roadside response area are at risk from traffic and the violation results in bodily harm, as defined in s. 939.22 (4), to another, the operator may be fined not more than $10,000 or imprisoned for not more than 9 months, or both. In addition to the penalties specified under this paragraph, a court may also order a person convicted under this paragraph to perform not fewer than 100 nor more than 200 hours of community service work and attend traffic safety school, as provided under s. 345.60.

AB746,4 Section 4 . 346.22 (1) (b) of the statutes is renumbered 346.22 (1) (b) 1. and amended to read: