Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB701 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 SENATE BILL 701
5	5	November 21, 2023 - Introduced by Senator J ACQUE, cosponsored by
6	6	Representatives PENTERMAN, ALLEN and DONOVAN. Referred to Committee on
7	7	Judiciary and Public Safety.
8	8	AN ACT to amend 943.20 (3) (a) and (bf) and 971.19 (2); and to create 943.20 (5)
9	9	and (6) and 943.50 (6) and (7) of the statutes; relating to: theft crimes and
10	10	providing a penalty.
11	11	Analysis by the Legislative Reference Bureau
12	12	Under current law, the penalty for the crime of theft of property varies by the
13	13	value of the property taken. Under current law, theft of property valued at no more
14	14	than $2,500 is a Class A misdemeanor; theft of property valued at more than $2,500
15	15	but not more than $5,000 is a Class I felony; theft of property valued at more than
16	16	$5,000 but not more than $10,000 is a Class H felony; theft of property valued at more
17	17	than $10,000 but not more than $100,000 is a Class G felony; and theft of property
18	18	valued at more than $100,000 is a Class F felony.
19	19	This bill reduces the threshold for the two lowest theft crimes so that theft of
20	20	property valued at no more than $500 is a Class A misdemeanor and theft of property
21	21	valued at more than $500 but not more than $5,000 is a Class I felony.
22	22	The bill also specifies that, if a defendant commits more than one violation of
23	23	theft of property or more than one violation of retail theft in a six-month period, the
24	24	value of the property taken at each violation may be aggregated as one crime to
25	25	determine the classification of the crime. The bill specifies that if the value is
26	26	aggregated for crimes that occur in different jurisdictions, the crime may be tried in
27	27	any jurisdiction in which the theft was committed.
28	28	The bill also creates a penalty enhancer for a felony level of theft of property or
29	29	retail theft if, during the commission of the felony, the defendant's conduct created
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32	32	3 - 2 -2023 - 2024 Legislature LRB-3250/1
33	33	CMH:cdc
34	34	SENATE BILL 701
35	35	a substantial risk of bodily harm to another person. The penalty enhancer increases
36	36	the maximum term of imprisonment for the felony by half of the maximum term of
37	37	imprisonment for that felony.
38	38	Because this bill creates a new crime or revises a penalty for an existing crime,
39	39	the Joint Review Committee on Criminal Penalties may be requested to prepare a
40	40	report.
41	41	The people of the state of Wisconsin, represented in senate and assembly, do
42	42	enact as follows:
43	43	SECTION 1. 943.20 (3) (a) and (bf) of the statutes are amended to read:
44	44	943.20 (3) (a) If the value of the property does not exceed $2,500 $500, is guilty
45	45	of a Class A misdemeanor.
46	46	(bf) If the value of the property exceeds $2,500 $500 but does not exceed $5,000,
47	47	is guilty of a Class I felony.
48	48	SECTION 2. 943.20 (5) and (6) of the statutes are created to read:
49	49	943.20 (5) AGGREGATION OF VALUES. For purposes of charging and penalty
50	50	determinations under sub. (3) (a) to (cm), the value of property from multiple
51	51	violations committed by the same person in a 6-month period may be aggregated.
52	52	(6) PENALTY ENHANCER. The maximum term of imprisonment for a felony under
53	53	sub. (3) is increased by 50 percent of the maximum term of imprisonment for that
54	54	felony if, during the commission of the felony, the defendant's conduct created a
55	55	substantial risk of bodily harm to another person.
56	56	SECTION 3. 943.50 (6) and (7) of the statutes are created to read:
57	57	943.50 (6) For purposes of charging and penalty determinations under sub. (4)
58	58	(a) to (c), the value of property from multiple violations committed by the same
59	59	person in a 6-month period may be aggregated.
60	60	(7) The maximum term of imprisonment for a felony under sub. (4) or (4m) is
61	61	increased by 50 percent of the maximum term of imprisonment for that felony if,
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81	81	LRB-3250/1
82	82	CMH:cdc
83	83	SECTION 3
84	84	SENATE BILL 701
85	85	during the commission of the felony, the defendant's conduct created a substantial
86	86	risk of bodily harm to another person.
87	87	SECTION 4. 971.19 (2) of the statutes is amended to read:
88	88	971.19 (2) Where 2 or more acts are requisite to the commission of any offense
89	89	or if 2 or more acts are aggregated under s. 943.20 (5) or 943.50 (6), the trial may be
90	90	in any county in which any of such acts occurred.
91	91	(END)
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