Bill Summary – FastDemocracy

- 2024 LEGISLATURE
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                     2023 SENATE BILL 410
    September 8, 2023 - Introduced by Senators JACQUE, WANGGAARD, BALLWEG and
         MARKLEIN, cosponsored by Representatives PENTERMAN, MYERS and
         BRANDTJEN. Referred to Committee on Judiciary and Public Safety.
 AN ACT to create 345.13 of the statutes; relating to: impoundment of vehicles
      used 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:
          1. Operating a vehicle without a license, with certain exceptions, or with a
    suspended or 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:
      SECTION 1. 345.13 of the statutes is created to read:
      345.13 Impoundment. (1) If a law enforcement officer arrests, or issues a
 citation to, a person for a violation of any of the following, or an ordinance in
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     SENATE BILL 410                                                             SECTION 1
 conformity with any of the following, the officer may immediately impound the
 vehicle used in the violation:
      (a) A 2nd or subsequent violation of s. 343.05. This paragraph does not apply
 to a vehicle operated by a person who holds an expired operator's license that expired
 not more than 3 months before the violation.
      (b) A violation of s. 343.44.
      (c) A violation of a speed restriction established under s. 346.57 for which the
 speed was greater than 25 miles per hour above the speed restriction established
 under s. 346.57 or 349.11.
      (d) A violation of s. 346.04 (2t) or (3).
      (e) A violation of s. 346.94 (2).
      (2) Except as provided in sub. (3), an impoundment under sub. (1) shall be for
 90 days.
      (3) (a) The owner of a vehicle impounded under sub. (1) may request release
 of the vehicle at any time. The law enforcement agency impounding the vehicle shall
 release the vehicle upon the request of the owner if the law enforcement agency is
 satisfied that the requester is the owner of the vehicle and the vehicle was not being
 operated with the owner's consent at the time of the violation.
      (b) A person claiming that a vehicle owned by the person was improperly
 impounded under sub. (1) or that the person otherwise has a right to immediate
 possession of a vehicle impounded under sub. (1) may petition the circuit court for
 the county in which the vehicle was seized for the vehicle's release. The court shall
 hold a hearing no more than 30 days after the petition is filed, except that the hearing
 may be postponed by no more than 10 days by agreement or for good cause. If the
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     SENATE BILL 410                                                              SECTION 1
 petitioner's right to the immediate possession of the vehicle is proved to the court's
 satisfaction, the court shall order the vehicle released.
      (c) If, within 90 days of the date of that violation, a person is found not guilty
 of the violation upon which an impoundment under sub. (1) is based or the citation
 alleging the violation is dismissed, the impounded vehicle shall be released
 immediately.
      (d) If, within 90 days of the date of that violation, a person is found guilty of the
 violation upon which an impoundment under sub. (1) is based, the court may
 increase or decrease the period of impoundment.
      (4) If a person is found guilty of the violation upon which an impoundment
 under sub. (1) is based, the court shall impose and collect from the person the costs
 that the law enforcement agency reasonably incurs or expects to incur for the
 impoundment of the vehicle. The court shall disburse any amounts collected under
 this subsection to the law enforcement agency that incurred or expects to incur the
 costs for the impoundment of the vehicle.
      (5) A law enforcement agency that has impounded a vehicle under sub. (1) may
 dispose of the vehicle by following the same procedure as provided for disposing of
 an abandoned vehicle under s. 342.40 if the impounded vehicle remains unclaimed
 for more than 90 days after the completion of the period of impoundment or the
 release of the vehicle.
      SECTION 2.0Initial applicability.
      (1) This act first applies to violations committed on the effective date of this
 subsection.
                                       (END)