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Bills from the 2009–10 session

Assembly Bill 181

Operating a motor vehicle without a valid driver's license or after suspension or revocation of an operating privilege and providing penalties

Topics: Court, Death, Forfeiture, Legislature: Criminal Penalties, Joint Review Committee on, Motor vehicle: Driver's license, Railroad: Crossing, Sentences and penalties, Traffic officer, Transportation, Department of: Vehicles

Passed the Assembly, then stopped

The Assembly passed it on Apr 15, 2010, but the Senate never voted on it. A bill has to ⁠. To try again, a lawmaker would have to start a new bill.

  1. Introduced, passed

    Apr 2, 2009

  2. Committee, passed

    Approved

  3. Assembly vote, passed

    Passed Apr 15, 2010

  4. Senate vote, stopped here

    Stopped here. The Senate never voted on it.

  5. Governor, not reached

  6. Law, not reached

Latest entry in the official record, Apr 28, 2010: “Failed to concur in pursuant to ⁠”

Read the bill

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What it would have done

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

Current law prohibits a person from operating a motor vehicle on the highway during any period in which the person's motor vehicle operating privilege is suspended (operating while suspended or OWS) or revoked (operating after revocation or OAR) or, with limited exceptions, if the person does not possess a valid operator's license (operating without a license or OWL).

Under current law, a person convicted of OWS must forfeit not less than $50 nor more than $200. In addition, a person convicted of "knowing" OWS may be required to forfeit not more than $200. A person convicted of first-offense OAR must forfeit not more than $2,500 unless the underlying operating privilege revocation was the result of specified traffic violations involving alcohol or controlled substances. A person convicted of OAR who has a prior conviction in the preceding five-year period under state statutes for OAR (but not under a local ordinance) or for whom the underlying operating privilege revocation was the result of specified traffic violations involving alcohol or controlled substances must be fined not more than $2,500 or imprisoned for not more than one year or both. Also under current law, as created in 2005 Wisconsin Act 412 , a person who, in the course of a "knowing" OWS violation or OAR violation, causes: 1) damage to the property of another must forfeit $1,000; 2) injury to another person must forfeit $5,000; or 3) great bodily harm or death to another person is guilty of a Class A misdemeanor, punishable by a maximum fine of $10,000 or a maximum term of imprisonment of nine months or both.

Read the full summary

Under current law, with limited exceptions, a person convicted of OWL with respect to a motor vehicle that is not a commercial motor vehicle may be required to forfeit not more than $200 for the first offense, may be fined not more than $300 and imprisoned for not more than 30 days for the second offense occurring within three years, and may be fined not more than $500 and imprisoned for not more than six months for the third or subsequent offense occurring within three years. Under one exception, if the OWL violation results from the person's operator's license being expired for not more than three months and the person has no prior OWL convictions, the person may be required to forfeit not more than $100 for the OWL violation.

Under another exception, as created in 2005 Wisconsin Act 412 , if, in the course of operating the vehicle knowingly without a valid operator's license or knowingly with an operator's license that has been revoked, suspended, or canceled, the person causes: 1) damage to the property of another, the person must forfeit $1,000; 2) injury to another person, the person must forfeit $5,000; or 3) great bodily harm or death to another person, the person is guilty of a Class A misdemeanor.

This bill repeals "knowing" OWS as a separate and distinct violation and repeals all other provisions of 2005 Wisconsin Act 412 . The bill creates new penalties for OWS, OAR, and OWL violations in which the person, in the course of the violation, causes great bodily harm or death to another person.

Under the bill, a person convicted of OWL or OWS who, in the course of the violation, causes great bodily harm to another person: 1) must forfeit not less than $5,000 nor more than $7,500 if, at the time of the violation, the person did not know, respectively, that he or she did not possess a valid operator's license or that his or her operating privilege was suspended; or 2) is guilty of a Class I felony if the person knew. A Class I felony is punishable by a maximum fine of $10,000 or a maximum term of imprisonment of three and one-half years or both. If the person causes the death of another in the course of the OWL or OWS violation, the person: 1) must forfeit not less than $7,500 nor more than $10,000 if the person did not know, respectively, that he or she did not possess a valid operator's license or that his or her operating privilege was suspended; or 2) is guilty of a Class H felony if the person knew. A Class H felony is punishable by a maximum fine of $10,000 or a maximum term of imprisonment of six years or both. A person convicted of OAR who, in the course of the violation, causes great bodily harm to another person: 1) must be fined not less than $5,000 nor more than $7,500 or imprisoned for not more than one year or both if, at the time of the violation, the person did not know that his or her operating privilege was revoked; or 2) is guilty of a Class I felony if the person knew.

If the person causes the death of another in the course of the OAR violation, the person: 1) must be fined not less than $7,500 nor more than $10,000 or imprisoned for not more than one year or both if the person did not know that his or her operating privilege was revoked; or 2) is guilty of a Class H felony if the person knew.

Under current law, a court may suspend a person's operating privilege for any period not exceeding six months upon the person's conviction for OAR or OWS or operating a commercial motor vehicle during a period in which the person is disqualified (operating while disqualified or OWD). However, a court must revoke a person's operating privilege, for a period of six months or less, upon the person's conviction for OAR, OWS, or OWD if the person has been convicted of three or more prior violations of OAR, OWS, or OWD within the preceding five-year period. In addition, the Department of Transportation (DOT) must administratively revoke a person's operating privilege, for a period of six months unless the court has ordered a revocation for a lesser period, upon receiving a record of conviction showing that the person has been convicted of OAR, OWS, or OWD if the person has been convicted of three or more prior violations of OAR, OWS, or OWD within the preceding five-year period.

This bill makes court-ordered operating privilege revocation for a fourth offense OAR, OWS, or OWD permissive rather than mandatory and eliminates the requirement that DOT administratively revoke a person's operating privilege for a fourth offense OAR, OWS, or OWD. In addition, the bill requires a court to revoke a person's operating privilege if the person is convicted of OWL, OWS, or OAR and, in the course of the violation, the person causes great bodily harm or death to another person. The bill also provides that, as with OWS and OAR, DOT may revoke a resident's operating privilege if the resident is convicted in another state for an OWL offense in the course of which the person causes great bodily harm or death to another person.

Under current law, a vehicle operator may not drive on or across a railroad crossing while any traffic officer or railroad employee signals to stop, while any warning device signals to stop, or, if any crossbuck sign is maintained at the crossing, while any train occupies or closely approaches the crossing. A vehicle operator may not drive through or around any crossing gate or barrier at a railroad crossing while the gate or barrier is closed or is being opened or closed. A court may revoke a person's operating privilege upon the person's first conviction of any of these violations and must revoke the person's operating privilege upon the person's second or subsequent conviction within a five-year period. The revocation is for six months.

This bill provides for suspension of a person's operating privilege, rather than revocation of the person's operating privilege, for any of these violations.

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 concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.

Who's behind it

35 lawmakers are its ⁠. 21 are Republicans and 4 are Democrats. 10 have no party on record.

9 more lawmakers ⁠.

See all 44 names

Authors (35)

Signed on in support (9)

What it would cost

State agencies filed a . Each opens as a PDF from the Legislature.

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

How lawmakers voted

There was one vote on this bill.

Assembly Committee on Criminal Justice vote on an amendment

Passed, 10 to 0 · Sep 4, 2009

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report Assembly Amendment 1 adoption recommended by committee on Criminal Justice, Ayes 10, Noes 0”. Official record · This vote on its own page

What happened

  1. Apr 28, 2010

    The session ended, and the bill died with it.

  2. Apr 21, 2010

    Sent to the Senate Committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing.

  3. Apr 21, 2010

    The Senate received it.

  4. Apr 20, 2010

    “Messaged pursuant to Assembly Rule 50 (2)” (the official wording)

  5. Apr 15, 2010

    The Assembly passed it.

  6. Apr 15, 2010

    The Assembly adopted it.

  7. Feb 23, 2010

    “Placed at the foot of the calendar of 2-23-2010” (the official wording)

  8. Sep 4, 2009

    Sent to the Assembly Committee on Rules.

  9. Sep 4, 2009

    The committee voted to recommend passing it, 8 to 2.

  10. Aug 20, 2009

    The committee held a public hearing.

  11. Jul 8, 2009

    Sent to the Assembly Committee on Criminal Justice.

  12. Apr 29, 2009

    A state agency sent in its estimate of the cost.

  13. Apr 21, 2009

    The committee held a public hearing.

  14. Apr 21, 2009

    A state agency sent in its estimate of the cost.

  15. Apr 20, 2009

    A state agency sent in its estimate of the cost.

  16. Apr 17, 2009

    A state agency sent in its estimate of the cost.

  17. Apr 2, 2009

    Sent to the Assembly Committee on Judiciary and Ethics.

  18. Apr 2, 2009

    Introduced in the Assembly.

See the official record, word for word
  1. Apr 2, 2009 · Assembly

    Introduced by Representatives Krusick, Gundrum, Stone, Ballweg, Cullen, Gunderson, Kaufert, Kerkman, Kleefisch, Knodl, LeMahieu, Lothian, Mursau, Nass, Nygren, A. Ott, J. Ott, Pridemore, Ripp, Spanbauer, Suder, Townsend, Turner, Zipperer and Zepnick, by request of the family of Nicholas Dams, the family of Kristy Wanek, Greendale Police Chief Rob Dams, father of Nicholas, Wisconsin Chiefs of Police Association, Wisconsin County Police Association, Milwaukee Police Association, Milwaukee County Law Enforcement Executives Association, Milwaukee Deputy Sheriffs' Association, Milwaukee County District Attorney John Chisholm;Cosponsored by Senators Carpenter, Lazich, Darling, Grothman, Kanavas, A. Lasee, Lehman, Plale and Schultz

  2. Apr 2, 2009 · Assembly

    Read first time and referred to committee on Judiciary and Ethics

  3. Apr 17, 2009 · Assembly

    Fiscal estimate received

  4. Apr 20, 2009 · Assembly

    Fiscal estimate received

  5. Apr 20, 2009 · Assembly

    Fiscal estimate received

  6. Apr 21, 2009 · Assembly

    Fiscal estimate received

  7. Apr 21, 2009 · Assembly

    Public hearing held

  8. Apr 29, 2009 · Assembly

    Fiscal estimate received

  9. Jul 8, 2009 · Assembly

    Withdrawn from committee on Judiciary and Ethics and referred to committee on Criminal Justice pursuant to Assembly Rule 42 (3)(c)

  10. Aug 20, 2009 · Assembly

    Assembly amendment 1 offered by Representative Krusick

  11. Aug 20, 2009 · Assembly

    Public hearing held

  12. Aug 20, 2009 · Assembly

    Executive action taken

  13. Sep 4, 2009 · Assembly

    Report Assembly Amendment 1 adoption recommended by committee on Criminal Justice, Ayes 10, Noes 0

  14. Sep 4, 2009 · Assembly

    Report passage as amended recommended by committee on Criminal Justice, Ayes 8, Noes 2

  15. Sep 4, 2009 · Assembly

    Referred to committee on Rules

  16. Feb 17, 2010 · Assembly

    Placed on calendar 2-23-2010 by committee on Rules

  17. Feb 22, 2010 · Assembly

    Assembly amendment 2 offered by Representative Krusick

  18. Feb 23, 2010 · Assembly

    Placed at the foot of the calendar of 2-23-2010

  19. Apr 15, 2010 · Assembly

    Read a second time

  20. Apr 15, 2010 · Assembly

    Assembly amendment 1 adopted

  21. Apr 15, 2010 · Assembly

    Assembly amendment 2 adopted

  22. Apr 15, 2010 · Assembly

    Ordered to a third reading

  23. Apr 15, 2010 · Assembly

    Rules suspended

  24. Apr 15, 2010 · Assembly

    Read a third time and passed

  25. Apr 20, 2010 · Assembly

    Messaged pursuant to Assembly Rule 50 (2)

  26. Apr 21, 2010 · Senate

    Received from Assembly

  27. Apr 21, 2010 · Senate

    Read first time and referred to committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing

  28. Apr 28, 2010 · Senate

    Failed to concur in pursuant to Senate Joint Resolution 1

Terms on this page

Second chamber's vote

A bill has to pass both the Assembly and the Senate in the same form before it goes to the governor.

Official term: Concurrence. More in the glossary

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1. More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate. More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Second chamber's vote

A bill has to pass both the Assembly and the Senate in the same form before it goes to the governor.

Official term: Concurrence

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor

Cost estimate

A state agency's estimate of what a bill would cost or save.

Official term: Fiscal estimate

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote