Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB928 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 928
5	5	January 12, 2024 - Introduced by Representatives PENTERMAN and ALLEN,
6	6	cosponsored by Senator JACQUE. Referred to Committee on Criminal Justice
7	7	and Public Safety.
8	8	*AUTHORS SUBJECT TO CHANGE*
9	9	AN ACT to amend 943.20 (3) (a) and (bf) and 971.19 (2); and to create 943.20 (5)
10	10	and (6) and 943.50 (6) and (7) of the statutes; relating to: theft crimes and
11	11	providing a penalty.
12	12	Analysis by the Legislative Reference Bureau
13	13	Under current law, the penalty for the crime of theft of property varies by the
14	14	value of the property taken. Under current law, theft of property valued at no more
15	15	than $2,500 is a Class A misdemeanor; theft of property valued at more than $2,500
16	16	but not more than $5,000 is a Class I felony; theft of property valued at more than
17	17	$5,000 but not more than $10,000 is a Class H felony; theft of property valued at more
18	18	than $10,000 but not more than $100,000 is a Class G felony; and theft of property
19	19	valued at more than $100,000 is a Class F felony.
20	20	This bill reduces the threshold for the two lowest theft crimes so that theft of
21	21	property valued at no more than $500 is a Class A misdemeanor and theft of property
22	22	valued at more than $500 but not more than $5,000 is a Class I felony.
23	23	The bill also specifies that, if a defendant commits more than one violation of
24	24	theft of property or more than one violation of retail theft in a six-month period, the
25	25	value of the property taken at each violation may be aggregated as one crime to
26	26	determine the classification of the crime. The bill specifies that if the value is
27	27	aggregated for crimes that occur in different jurisdictions, the crime may be tried in
28	28	any jurisdiction in which the theft was committed.
29	29	The bill also creates a penalty enhancer for a felony level of theft of property or
30	30	retail theft if, during the commission of the felony, the defendant's conduct created
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33	33	3 - 2 -2023 - 2024 Legislature LRB-5383/1
34	34	CMH:cdc
35	35	ASSEMBLY BILL 928
36	36	a substantial risk of bodily harm to another person. The penalty enhancer increases
37	37	the maximum term of imprisonment for the felony by half of the maximum term of
38	38	imprisonment for that felony.
39	39	Because this bill creates a new crime or revises a penalty for an existing crime,
40	40	the Joint Review Committee on Criminal Penalties may be requested to prepare a
41	41	report.
42	42	The people of the state of Wisconsin, represented in senate and assembly, do
43	43	enact as follows:
44	44	SECTION 1. 943.20 (3) (a) and (bf) of the statutes are amended to read:
45	45	943.20 (3) (a) If the value of the property does not exceed $2,500 $500, is guilty
46	46	of a Class A misdemeanor.
47	47	(bf) If the value of the property exceeds $2,500 $500 but does not exceed $5,000,
48	48	is guilty of a Class I felony.
49	49	SECTION 2. 943.20 (5) and (6) of the statutes are created to read:
50	50	943.20 (5) AGGREGATION OF VALUES. For purposes of charging and penalty
51	51	determinations under sub. (3) (a) to (cm), the value of property from multiple
52	52	violations committed by the same person in a 6-month period may be aggregated.
53	53	(6) PENALTY ENHANCER. The maximum term of imprisonment for a felony under
54	54	sub. (3) is increased by 50 percent of the maximum term of imprisonment for that
55	55	felony if, during the commission of the felony, the defendant's conduct created a
56	56	substantial risk of bodily harm to another person.
57	57	SECTION 3. 943.50 (6) and (7) of the statutes are created to read:
58	58	943.50 (6) For purposes of charging and penalty determinations under sub. (4)
59	59	(a) to (c), the value of property from multiple violations committed by the same
60	60	person in a 6-month period may be aggregated.
61	61	(7) The maximum term of imprisonment for a felony under sub. (4) or (4m) is
62	62	increased by 50 percent of the maximum term of imprisonment for that felony if,
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81	81	19 - 3 -2023 - 2024 Legislature
82	82	LRB-5383/1
83	83	CMH:cdc
84	84	SECTION 3
85	85	ASSEMBLY BILL 928
86	86	during the commission of the felony, the defendant's conduct created a substantial
87	87	risk of bodily harm to another person.
88	88	SECTION 4. 971.19 (2) of the statutes is amended to read:
89	89	971.19 (2) Where 2 or more acts are requisite to the commission of any offense
90	90	or if 2 or more acts are aggregated under s. 943.20 (5) or 943.50 (6), the trial may be
91	91	in any county in which any of such acts occurred.
92	92	(END)
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