2025 - 2026 LEGISLATURE
LRB-0026/1
CMH:emw
2025 ASSEMBLY BILL 89
February 28, 2025 - Introduced by Representatives PENTERMAN, ALLEN, BEHNKE,
DONOVAN, FRANKLIN, GOEBEN, GUNDRUM, GUSTAFSON, B. JACOBSON, KNODL,
MAXEY, MELOTIK, MURPHY, PIWOWARCZYK, TUSLER, WICHGERS, WITTKE,
KRUG, MURSAU and KAUFERT, cosponsored by Senators JACQUE, HUTTON,
NASS and TOMCZYK. Referred to Committee on Criminal Justice and Public
Safety.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to create 943.20 (5), 943.50 (6), 971.19 (2m) and 971.36 (5) of the
statutes; relating to: theft crimes and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, the penalty for the crime of property theft varies by the
value of the property taken. The penalty ranges from a Class A misdemeanor if the
value of the property is not more than $2,500 to a Class F felony if the value of the
property exceeds $100,000. Similarly, the penalty for the crime of retail theft varies
by the value of the merchandise or service that is taken. The penalty ranges from a
Class A misdemeanor if the value is not more than $500 to a Class G felony if the
value exceeds $10,000.
This bill specifies that, if, in a six-month period, a defendant commits more
than one violation of property theft or more than one violation of retail theft, the
value of items taken at each violation may be aggregated and the crimes may be
prosecuted as one property theft crime or one retail theft crime. The penalty for the
crime would be determined by the aggregated value of the items taken.
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.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
1
2 2025 - 2026 Legislature
ASSEMBLY BILL 89
- 2 - LRB-0026/1
CMH:emw
SECTION 1
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 943.20 (5) of the statutes is created to read:
943.20 (5) AGGREGATION OF VALUES. For purposes of charging and penalty
determinations under sub. (3) (a) to (cm), the value of property from multiple
violations committed by the same person in a 6-month period may be aggregated.
SECTION 2. 943.50 (6) of the statutes is created to read:
943.50 (6) For purposes of charging and penalty determinations under sub.
(4) (a) to (c), the value of property from multiple violations committed by the same
person in a 6-month period may be aggregated.
SECTION 3. 971.19 (2m) of the statutes is created to read:
971.19 (2m) If 2 or more violations of s. 943.20 or 943.50 are prosecuted as a
single crime as provided in s. 971.36 (5), the trial may be in any county in which any
of the violations occurred and the prosecutor shall have exclusive jurisdiction over
the violations.
SECTION 4. 971.36 (5) of the statutes is created to read:
971.36 (5) In any case involving aggregated acts under s. 943.20 (5) or 943.50
(6), notwithstanding sub. (3), the acts may be prosecuted as a single crime.
(END)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17