SB472,7 8Section 7. 939.03 (1) (e) of the statutes is amended to read:
SB472,4,129 939.03 (1) (e) The person violates s. 943.201, 943.202, or 943.203 and the
10victim, at the time of the violation, is an individual who resides in this state, a
11deceased individual who resided in this state immediately before his or her death,
12or an entity, as defined in s. 943.203 (1) (a), that is located in this state.
SB472,8 13Section 8. 943.202 of the statutes is created to read:
SB472,4,15 14943.202 Unauthorized possession of personal identifying information
15or documents
. (1) In this section:
SB472,4,1716 (a) "Correctional employee" means a person who has direct contact with an
17offender in the course of his or her employment duties.
SB472,4,1918 (b) "Health services employee" means a person who has direct contact with a
19health services patient in the course of his or her employment duties.
SB472,4,2220 (c) "Health services patient" means a person who is a patient at a mental health
21institute, as defined in s. 51.01 (12), at the secure mental health facility established
22under s. 46.055, or at the Wisconsin Resource Center established under s. 46.056.
SB472,5,323 (cm) "Offender" means any person who is an inmate in a state prison or
24correctional facility, any person who is on probation, parole, or extended supervision
25to the department of corrections, or any person under the supervision of the

1department of corrections within the meaning of s. 938.505 (1) or pursuant to s.
248.366, or a person subject to a criminal penalty who is placed in an institution under
3s. 973.013 (3m), regardless of age.
SB472,5,44 (d) "Personal identification document" means any of the following:
SB472,5,55 1. A document containing personal identifying information.
SB472,5,96 2. A correctional employee's or health services employee's card or plate, if it can
7be used, alone or in conjunction with another access device, to obtain money, goods,
8services, or any other thing of value or benefit, or if it can be used to initiate a transfer
9of funds.
SB472,5,1210 3. Any other device that is unique to, assigned to, or belongs to a correctional
11employee or health services employee and that is intended to be used to access
12services, funds, or benefits of any kind to which the individual is entitled.
SB472,5,1313 (e) "Personal identifying information" means any of the following information:
SB472,5,1414 1. A correctional employee's or health services employee's address.
SB472,5,1515 2. A correctional employee's or health services employee's telephone number.
SB472,5,1816 3. The unique identifying driver number assigned to a correctional employee
17or health services employee by the department of transportation under s. 343.17 (3)
18(a) 4.
SB472,5,2019 4. A correctional employee's or health services employee's social security
20number.
SB472,5,2221 5. An identification number assigned to a correctional employee or health
22services employee by his or her employer.
SB472,5,2423 6. The maiden name of a correctional employee's or health services employee's
24mother.
SB472,6,2
17. The identifying number of a depository account, as defined in s. 815.18 (2)
2(e), of a correctional employee or health services employee.
SB472,6,43 8. A correctional employee's or health services employee's taxpayer
4identification number.
SB472,6,65 9. A correctional employee's or health services employee's deoxyribonucleic
6acid profile, as defined in s. 939.74 (2d) (a).
SB472,6,97 10. Any of the following, if it can be used, alone or in conjunction with any access
8device, to obtain money, goods, services, or any other thing of value or benefit, or if
9it can be used to initiate a transfer of funds:
SB472,6,1110 a. A correctional employee's or health services employee's code or account
11number.
SB472,6,1412 b. A correctional employee's or health services employee's electronic serial
13number, mobile identification number, personal identification number, or other
14telecommunications service, equipment, or instrument identifier.
SB472,6,1515 c. Any other means of account access.
SB472,6,1816 11. A correctional employee's or health services employee's unique biometric
17data, including fingerprint, voice print, retina or iris image, or any other unique
18physical representation.
SB472,6,2119 12. Any other information or data that is unique to, assigned to, or belongs to
20a correctional employee or health services employee and that is intended to be used
21to access services, funds, or benefits of any kind to which the individual is entitled.
SB472,6,2322 13. Any other information that can be associated with a particular individual
23through one or more identifiers or other information or circumstances.
SB472,7,3 24(2) Any offender or health services patient who possesses any personal
25identifying information or personal identification document of a correctional

1employee or health services employee, including a deceased employee, without the
2authorization or consent of the correctional employee or health services employee is
3guilty of a Class H felony.
SB472,7,7 4(3) It is an affirmative defense to a prosecution under this section that the
5defendant was authorized by law to engage in the conduct that is the subject of the
6prosecution. A defendant who raises this affirmative defense has the burden of
7proving the defense by a preponderance of the evidence.
SB472,7,18 8(4) If a correctional employee or health services employee reports to a law
9enforcement agency for the jurisdiction which is the correctional employee's or
10health services employee's residence that personal identifying information or a
11personal identification document belonging to him or her reasonably appears to be
12in the possession of another in violation of this section, the agency shall prepare a
13report on the alleged violation. If the law enforcement agency concludes that it
14appears not to have jurisdiction to investigate the violation, it shall inform the
15correctional employee or health services employee which law enforcement agency
16may have jurisdiction. A copy of a report prepared under this subsection shall be
17furnished upon request to the person who made the request, subject to payment of
18any reasonable fee for the copy.
SB472,9 19Section 9. 946.82 (4) of the statutes is amended to read:
SB472,8,920 946.82 (4) "Racketeering activity" means any activity specified in 18 USC 1961
21(1) in effect as of April 27, 1982, or the attempt, conspiracy to commit, or commission
22of any of the felonies specified in: chs. 945 and 961, subch. V of ch. 551, and ss. 49.49,
23134.05, 139.44 (1), 180.0129, 181.0129, 185.825, 201.09 (2), 215.12, 221.0625,
24221.0636, 221.0637, 221.1004, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19 (4) to (6),
25940.20, 940.201, 940.203, 940.21, 940.30, 940.302 (2), 940.305, 940.31, 941.20 (2) and

1(3), 941.26, 941.28, 941.298, 941.31, 941.32, 942.09, 943.01 (2), (2d), or (2g), 943.011,
2943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3) (bf) to (e),
3943.201, 943.202, 943.203, 943.23 (1g), (2) and (3), 943.24 (2), 943.27, 943.28, 943.30,
4943.32, 943.34 (1) (bf), (bm), and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c),
5943.50 (4) (bf), (bm), and (c) and (4m), 943.60, 943.70, 943.76, 943.81, 943.82, 943.83,
6943.84, 943.85, 943.86, 943.87, 943.88, 943.89, 943.90, 944.21 (5) (c) and (e), 944.32,
7944.33 (2), 944.34, 945.03 (1m), 945.04 (1m), 945.05 (1), 945.08, 946.10, 946.11,
8946.12, 946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72,
9946.76, 946.79, 947.015, 948.05, 948.051, 948.08, 948.12, and 948.30.
SB472,10 10Section 10. 970.03 (13) of the statutes is amended to read:
SB472,8,1411 970.03 (13) Testimony may be received into the record of a preliminary
12examination by telephone or live audiovisual means if the proponent shows good
13cause or if the testimony is used to prove an element of an offense under s. 943.201
14(2), 943.202, or 943.203 (2).
SB472,11 15Section 11. 971.19 (11) of the statutes is amended to read:
SB472,8,2016 971.19 (11) In an action under s. 943.201 or 943.202, the defendant may be tried
17in the county where the victim or intended victim resided at the time of the offense
18or in any other county designated under this section. In an action under s. 943.203,
19the defendant may be tried in the county where the victim or intended victim was
20located at the time of the offense or in any other county designated under this section.
SB472,12 21Section 12. 971.366 of the statutes is amended to read:
SB472,9,2 22971.366 Use of another's personal identifying information: charges.
23In any case under s. 943.201, 943.202, or 943.203 involving more than one violation,

1all violations may be prosecuted as a single crime if the violations were pursuant to
2a single intent and design.
SB472,9,33 (End)
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