CORRECTED COPY
LRB-2164/1
MLJ:emw
2017 - 2018 LEGISLATURE
May 19, 2017 - Introduced by Representatives Spiros, R. Brooks, Mursau and Ripp,
cosponsored by Senators Petrowski, Marklein, Nass, Olsen, Vukmir and
Wanggaard. Referred to Committee on Transportation.
AB342,1,4 1An Act to amend 943.20 (3) (c) and 943.23 (6) (b); and to create 943.20 (3) (cm)
2and 943.23 (2g) and (3g) of the statutes; relating to: taking, driving, or
3operating a commercial motor vehicle without consent and providing criminal
4penalties.
Analysis by the Legislative Reference Bureau
Under current law, it is a Class H felony to take and drive any vehicle without
the consent of the owner, and it is a Class I felony to drive or operate any vehicle
without the consent of the owner. Additionally, under current law, it is a Class G
felony to steal property with a value that exceeds $10,000. This bill increases the
penalty by one felony classification level if the vehicle that is taken or driven without
consent is a commercial motor vehicle, and makes it a Class F felony to steal property
with a value that exceeds $100,000. The bill also requires a person who causes
damage to a commercial motor vehicle to pay restitution.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB342,1 5Section 1. 943.20 (3) (c) of the statutes is amended to read:
AB342,1,76 943.20 (3) (c) If the value of the property exceeds $10,000 but does not exceed
7$100,000
, is guilty of a Class G felony.
AB342,2
1Section 2. 943.20 (3) (cm) of the statutes is created to read:
AB342,2,32 943.20 (3) (cm) If the value of the property exceeds $100,000, is guilty of a Class
3F felony.
AB342,3 4Section 3. 943.23 (2g) and (3g) of the statutes are created to read:
AB342,2,75 943.23 (2g) Except as provided in sub. (3m), whoever intentionally takes and
6drives any commercial motor vehicle without the consent of the owner is guilty of a
7Class G felony.
AB342,2,10 8(3g) Except as provided in sub. (3m), whoever intentionally drives or operates
9any commercial motor vehicle without the consent of the owner is guilty of a Class
10H felony.
AB342,4 11Section 4. 943.23 (6) (b) of the statutes is amended to read:
AB342,2,2112 943.23 (6) (b) In addition to the other penalties provided for violation of this
13section, a judge shall require a violator of sub. (2g) or (3g) to pay restitution for any
14damage he or she causes to a commercial motor vehicle to or on behalf of a victim,
15and
a judge may require a any other violator to pay restitution to or on behalf of a
16victim, regardless of whether the violator is placed on probation under s. 973.09. If
17restitution is ordered, the court shall consider the financial resources and future
18ability of the violator to pay and shall determine the method of payment. Upon the
19application of any interested party, the court may schedule and hold an evidentiary
20hearing to determine the value of the victim's pecuniary loss resulting from the
21offense.
AB342,2,2222 (End)
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