Amendment SSA1-SB130

LRBs0108/2

BF:skg:kaf

1995 - 1996 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, To 1995 SENATE BILL 130

May 10, 1995 - Offered by Committee on Judiciary.

SB130-SSA1,1,3 An Act to amend 814.04 (intro.) and 946.82 (4); and to create 895.79 and 943.01 (2g) of the statutes; relating to: damage to machines operated by the insertion of coins, currency, debit cards or credit cards and providing a penalty.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB130-SSA1, s. 1 Section 1. 814.04 (intro.) of the statutes is amended to read:

SB130-SSA1,1,8 814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 101.22 (6) (i) and (6m) (a), 769.313, 814.025, 814.245, 895.035 (4), 895.75 (3), 895.77 (2), 895.79 (3), 943.212 (2) (b), 943.245 (2) (d) and 943.51 (2) (b), when allowed costs shall be as follows:

SB130-SSA1, s. 2 Section 2. 895.79 of the statutes is created to read:

SB130-SSA1,1,13 895.79 Damage to certain machines. (1) An owner of a machine operated by the insertion of coins, currency, debit cards or credit cards that is damaged by a person acting with the intent to commit a theft from that machine may bring an action against the person.

SB130-SSA1,2,2 (2) The owner has the burden of proving his or her case under sub. (1) by a preponderance of the credible evidence.

SB130-SSA1,2,4 (3) If the owner prevails in a civil action under sub. (1), he or she may recover all of the following:

SB130-SSA1,2,5 (a) Treble damages.

SB130-SSA1,2,7 (b) Costs, including all reasonable attorney fees and other costs of the investigation and litigation that were reasonably incurred.

SB130-SSA1,2,10 (4) An owner may bring a civil action under sub. (1) regardless of whether there has been a criminal action related to the damage under sub. (1) and regardless of the outcome of any such criminal action.

SB130-SSA1, s. 3 Section 3. 943.01 (2g) of the statutes is created to read:

SB130-SSA1,2,13 943.01 (2g) Any person violating sub. (1) under all of the following circumstances is guilty of a Class E felony:

SB130-SSA1,2,15 (a) The property damaged is a machine operated by the insertion of coins, currency, debit cards or credit cards.

SB130-SSA1,2,16 (b) The person acted with the intent to commit a theft from the machine.

SB130-SSA1,2,20 (c) The total property damaged in violation of sub. (1) is reduced in value by more than $500 but not more than $1,000. For purposes of this paragraph, property is reduced in value by the amount that it would cost to repair or replace it, whichever is less, plus other monetary losses associated with the damage.

SB130-SSA1, s. 4 Section 4. 946.82 (4) of the statutes is amended to read:

SB130-SSA1,3,9 946.82 (4) "Racketeering activity" means any activity specified in 18 USC 1961 (1) in effect as of April 27, 1982 or the attempt, conspiracy to commit, or commission of any of the felonies specified in: chs. 161 and 945 and ss. 49.49, 134.05, 139.44 (1), 180.0129, 181.69, 184.09 (2), 185.825, 215.12, 221.17, 221.31, 221.39, 221.40, 551.41, 551.42, 551.43, 551.44, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19 (3) to (6), 940.20, 940.203, 940.21, 940.30, 940.305, 940.31, 941.20 (2) and (3), 941.26, 941.28, 941.298, 941.31, 941.32, 943.01 (2) or (2g), 943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3) (b) to (d), 943.23 (1g), (1m), (1r), (2) and (3), 943.24 (2), 943.25, 943.27, 943.28, 943.30, 943.32, 943.34 (1) (b) and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4) (b) and (c), 943.60, 943.70, 944.21 (5) (c) and (e), 944.32, 944.33 (2), 944.34, 945.03, 945.04, 945.05, 945.08, 946.10, 946.11, 946.12, 946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72, 946.76, 947.015, 948.05, 948.08, 948.12 and 948.30.

SB130-SSA1, s. 5 Section 5. Initial applicability.

SB130-SSA1,3,12 (1) This act first applies to acts committed on the effective date of this subsection.

SB130-SSA1,3,13 (End)