Wisconsin Legislative Council
AMENDMENT MEMO
One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc
Memo published: February 20, 2024 Contact: Tom Koss, Staff Attorney
2023 Assembly Bill 928
Assembly Amendment 1 to
Assembly Substitute
Amendment 1
2023 ASSEMBLY BILL 928
Increased Penalty for Theft
Under current law, the penalties for violating the general prohibition against theft and the prohibition
against retail theft depend on the value of the property stolen. The penalties for violating the general
theft statute range from a Class A misdemeanor, if the value of the property does not exceed $2,500, to
a Class F felony, if the value of the property exceeds $100,000. Similarly, the penalties for violating
prohibition against retail theft vary from a Class A misdemeanor, if the value of the merchandise does
not exceed $500, to a Class G felony, if the value of the merchandise exceeds $10,000.
As relevant to 2023 Assembly Bill 928, the penalty for violating the general theft statute is a Class A
misdemeanor if the value of the property does not exceed $2,500 and a Class I felony if the value of the
property exceeds $2,500 but does not exceed $5,000. Under the bill, the penalty for violating the
general theft statute is a Class A misdemeanor if the value of the property does not exceed $500 and a
Class I felony if the value of the property exceeds $500 but does not exceed $5,000.
Penalty Enhancer for Theft and Retail Theft
The bill also creates penalty enhancers for the crimes of theft and retail theft. The bill increases the
maximum term of imprisonment for a felony violation of both offenses by 50 percent of the maximum
term of imprisonment for the felony if, during the commission of the felony, the defendant’s conduct
created a substantial risk of bodily harm to another person.
Aggregation of Value for Theft and Retail Theft
While the penalties for theft and retail theft depend on the value of property stolen, s. 971.36, Stats.,
permits multiple acts of theft to be prosecuted as a single crime under certain circumstances, such as
where the property belonged to the same owner and the thefts were committed pursuant to a single
intent and design or in execution of a single deceptive scheme. When multiple acts of theft are
prosecuted as a single crime, the value of the property stolen may be aggregated for the purposes of
determining the penalty.
The bill amends the theft and retail theft statutes to state that for purposes of charging and penalty
determinations, the value of property from multiple violations committed by the same person in a six-
month period may be aggregated. It also provides that where two or more acts are aggregated under
these provisions, the trial may be in any county in which any of such acts occurred. - 2 -
ASSEMBLY SUBSTITUTE AMENDMENT 1
Assembly Substitute Amendment 1 requires the Department of Justice (DOJ) to award grants to district
attorneys, law enforcement agencies, and counties for the purpose of forming task forces to improve
response to investigation of, and prosecution of, organized retail theft crimes, vehicle and vehicle
accessory theft crimes, and cargo theft crimes. The substitute amendment requires DOJ to submit an
annual report to the chairpersons of the Joint Committee on Finance providing an account of the grants
awarded under this section and the expenditures made with the grant moneys.
The substitute amendment also amends the theft and retail theft statutes to provide that for purposes of
charging and penalty determinations, the value of property from multiple violations committed by the
same person in a six-month period may be aggregated. It also provides that where two or more acts are
aggregated under these provisions, the trial may be in any county in which any of such acts occurred.
ASSEMBLY AMENDMENT 1 TO ASSEMBLY SUBSTITUTE AMENDMENT 1
Assembly Amendment 1 to Assembly Substitute Amendment 1 modifies the provisions related to
aggregating the value of property from multiple theft or retail theft violations. Specifically, it provides
that in any case involving the aggregation of thefts over a six-month period, the acts may be prosecuted
as a single crime, notwithstanding the provisions in which current law allows multiple acts of theft to be
aggregated. Thus, it allows multiple thefts over a six-month period to be aggregated, including if the
property was not taken from the same owner or same place. If two or more violations are prosecuted as
a single crime, the trial may be held in any county in which any of such acts occurred.
BILL HISTORY
Representative Penterman offered Assembly Substitute Amendment 1 on January 17, 2024, and
Assembly Amendment 1 to Assembly Substitute Amendment 1 on February 12, 2024. On February 14,
2024, the Assembly Committee on Criminal Justice and Public Safety voted to recommend adoption of
Assembly Amendment 1 to Assembly Substitute Amendment 1 on a vote of Ayes, 15; Noes, 0; voted to
recommend adoption of Assembly Substitute Amendment 1, as amended, on a vote of Ayes 14; Noes, 1;
and voted to recommend adoption of the bill, as amended, on a vote of Ayes, 13; Noes, 2.
For a full history of the bill, visit the Legislature’s bill history page.
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