LRBs0172/2
RLR&CTS:kjf&wlj:jf
2007 - 2008 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2007 ASSEMBLY BILL 340
November 6, 2007 - Offered by Representative Kleefisch.
AB340-ASA1,1,3
1An Act to amend 943.50 (4) (a), 943.50 (4) (bf) and 946.82 (4); and
to create
2134.715 and 943.50 (4m) of the statutes;
relating to: retail theft, proof of
3ownership for certain sales, and providing penalties.
Analysis by the Legislative Reference Bureau
Under current law, the penalty for retail theft is based on the value of the
merchandise taken. Retail theft is a Class A misdemeanor if the value of the
merchandise does not exceed $2,500, a Class I felony if the value of the merchandise
exceeds $2,500 but does not exceed $5,000, a Class H felony if the value of the
merchandise exceeds $5,000 but does not exceed $10,000, and a Class G felony if the
value of the merchandise exceeds $10,000.
Also under current law a person may be convicted of engaging in organized
crime, a Class E felony, if the person participates as part of an enterprise (which may
be a group of associates) in the commission of at least three incidents of racketeering
activity that have the same or similar intents, results, accomplices, victims, or
methods of commission or otherwise are interrelated by distinguishing
characteristics. "Racketeering activity" is the attempt, conspiracy to commit, or
commission of various felonies including felony retail theft.
This substitute amendment makes retail theft of merchandise a Class I felony
if the value of the merchandise exceeds $1,000 but does not exceed $5,000, and thus
makes retail theft of merchandise valued at $1,000 or more racketeering activity.
The substitute amendment also makes retail theft of merchandise that is valued at
less than $1,000 a Class I felony, hence racketeering activity, if the actor commits the
theft with intent to sell the merchandise.
The substitute amendment also requires a person selling certain merchandise
at a flea market or similar facility to have proof that the person owns the
merchandise and to make the proof available to a law enforcement officer for
inspection. The merchandise covered by the bill's requirements includes baby food,
cosmetics, drugs, infant formula, and batteries. Under the substitute amendment,
proof of ownership means all of the following: 1) the name, address, and telephone
number of the supplier of the merchandise; 2) the name and address of the person
who received the merchandise; and 3) a description of the merchandise. Violators are
subject to a fine up to $500, up to 30 days' imprisonment, or both.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB340-ASA1,2,3
2134.715 Proof of ownership required for sale. (1) Definitions. In this
3section:
AB340-ASA1,2,54
(a) "Cosmetic" means an article intended to be applied to the human body for
5cleansing, beautifying, or altering appearance, but does not include soap.
AB340-ASA1,2,66
(b) "Device" has the meaning given in s. 450.01 (6).
AB340-ASA1,2,77
(c) "Drug" has the meaning given in s. 450.01 (10).
AB340-ASA1,2,88
(d) "Infant formula" means a food that is intended for consumption by infants.
AB340-ASA1,2,12
9(2) Proof required. (a) A person engaged in the sale of used or new goods at
10a flea market or at a similar facility may not sell any of the following merchandise,
11unless the person has proof that the person is the owner of the merchandise as
12described in par. (b):
AB340-ASA1,2,1313
1. Baby food of a type usually consumed by children under 3 years of age.
AB340-ASA1,2,1414
2. Cosmetics.
AB340-ASA1,3,22
5. Infant formula.
AB340-ASA1,3,33
6. Batteries.
AB340-ASA1,3,44
7. Razor blades.
AB340-ASA1,3,55
(b) Proof of ownership means all of the following information:
AB340-ASA1,3,76
1. The name, address, and telephone number of the person that supplied the
7merchandise or a representative of the person that supplied the merchandise.
AB340-ASA1,3,98
2. The name and address of the person that received the merchandise from the
9person that supplied the merchandise.
AB340-ASA1,3,1110
3. A description of the product, including the quantity of the product received
11from the person who supplied the merchandise.
AB340-ASA1,3,1412
(c) A person required to have proof of ownership under this section shall make
13proof of ownership available for inspection by a law enforcement officer at any
14reasonable time.
AB340-ASA1,3,16
15(3) Penalty. A person who violates this section is subject to a fine not to exceed
16$500, imprisonment not to exceed 30 days, or both.
AB340-ASA1, s. 2
17Section
2. 943.50 (4) (a) of the statutes is amended to read:
AB340-ASA1,3,1918
943.50
(4) (a)
A Except as provided in sub. (4m), a Class A misdemeanor, if
19the value of the merchandise does not exceed
$2,500
$1,000.
AB340-ASA1, s. 3
20Section
3. 943.50 (4) (bf) of the statutes is amended to read:
AB340-ASA1,3,2221
943.50
(4) (bf) A Class I felony, if the value of the merchandise exceeds
$2,500 22$1,000 but does not exceed $5,000.
AB340-ASA1,4,3
1943.50
(4m) Whoever violates sub. (1m) (a), (b), (c), (d), (e), or (f) with intent
2to sell the merchandise is guilty of a Class I felony if the value of the merchandise
3does not exceed $1,000.
AB340-ASA1,4,195
946.82
(4) "Racketeering activity" means any activity specified in
18 USC 1961 6(1) in effect as of April 27, 1982, or the attempt, conspiracy to commit, or commission
7of any of the felonies specified in: chs. 945 and 961 and ss. 49.49, 134.05, 139.44 (1),
8180.0129, 181.0129, 185.825, 201.09 (2), 215.12, 221.0625, 221.0636, 221.0637,
9221.1004, 551.41, 551.42, 551.43, 551.44, 553.41 (3) and (4), 553.52 (2), 940.01,
10940.19 (4) to (6), 940.20, 940.201, 940.203, 940.21, 940.30, 940.305, 940.31, 941.20
11(2) and (3), 941.26, 941.28, 941.298, 941.31, 941.32, 942.09, 943.01 (2), (2d), or (2g),
12943.011, 943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3)
13(bf) to (e), 943.201, 943.203, 943.23 (1g), (2) and (3), 943.24 (2), 943.27, 943.28,
14943.30, 943.32, 943.34 (1) (bf), (bm), and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and
15(c), 943.50 (4) (bf), (bm), and (c)
and (4m), 943.60, 943.70, 943.76, 943.81, 943.82,
16943.83, 943.84, 943.85, 943.86, 943.87, 943.88, 943.89, 943.90, 944.21 (5) (c) and (e),
17944.32, 944.33 (2), 944.34, 945.03 (1m), 945.04 (1m), 945.05 (1), 945.08, 946.10,
18946.11, 946.12, 946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65,
19946.72, 946.76, 946.79, 947.015, 948.05, 948.08, 948.12, and 948.30.
