LRB-4245/2
MJL:kmg:ijs
1997 - 1998 LEGISLATURE
March 5, 1998 - Introduced by Representatives Schneider, Otte, Ryba,
Ziegelbauer, Porter, Hasenohrl, Dueholm, Gronemus, Hahn and Plouff,
cosponsored by Senator Plache. Referred to Committee on Judiciary.
AB885,1,2
1An Act to create 134.73 of the statutes;
relating to: regulating telephone
2solicitation by prisoners and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill prohibits a prisoner in a correctional facility from conducting a
telephone solicitation unless the prisoner immediately identifies himself or herself
as a prisoner, states his or her name and the name and location of his or her
correctional facility and states the name of the person on whose behalf he or she is
conducting the telephone solicitation.
A telephone solicitor who violates the disclosure requirements must forfeit
$10,000 for each violation. The department of justice is authorized to enforce these
disclosure requirements.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB885, s. 1
3Section
1. 134.73 of the statutes is created to read:
AB885,1,5
4134.73 Telephone solicitation by prisoners. (1) Definitions. In this
5section:
AB885,2,2
1(a) "Correctional facility" means a facility in which a person is incarcerated to
2serve a sentence imposed for conviction of a crime.
AB885,2,33
(b) "Telephone solicitation" has the meaning given in s. 134.72 (1) (c).
AB885,2,8
4(2) Prohibitions. No prisoner in a correctional facility may conduct a telephone
5solicitation unless the prisoner immediately identifies himself or herself as a
6prisoner, states his or her name and the name and location of his or her correctional
7facility and states the name of the person on whose behalf he or she is conducting the
8telephone solicitation.
AB885,2,11
9(3) Territorial application. This section applies to an intrastate telephone
10solicitation and to an interstate telephone solicitation directed to or received by a
11person in this state.
AB885,2,13
12(4) Penalty; enforcement. (a) A person who violates sub. (2) shall forfeit
13$10,000 for each violation.
AB885,2,1514
(b) The attorney general and the district attorneys of this state have concurrent
15authority to institute civil proceedings under this section.
AB885,2,1716
(c) 1. In addition to or in lieu of seeking the penalty under par. (a), the attorney
17general or a district attorney may institute injunctive proceedings to enforce sub. (2).
AB885,2,1918
2. A person who violates the terms of an injunction issued under subd. 1. shall
19forfeit $10,000 for each violation.
