LRB-3787/1
PJH:med:rs
2011 - 2012 LEGISLATURE
March 12, 2012 - Introduced by Representative Pope-Roberts. Referred to
Committee on Criminal Justice and Corrections.
AB691,1,3
1An Act to amend 943.20 (3) (intro.); and
to create 943.20 (3m) of the statutes;
2relating to: increasing a penalty for certain offenses relating to theft from a
3place of business, and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, no one may, by virtue of his or her office, business, or
employment, intentionally use, transfer, conceal, or otherwise keep money or other
items of value without the owner's consent and with the intent to convert the money
or other items of value to his or her own use. Generally, penalties for committing this
offense increase with the value of the property misappropriated, so that the person
commits a Class A misdemeanor if the value of the property is less than or equals
$2,500, a Class I felony if the value of the property is more than $2,500 but not more
than $5,000, a Class H felony if the value of the property is more than $5,000 but not
more than $10,000, and a Class G felony if the value of the property exceeds $10,000.
This bill applies an enhanced penalty to a person who commits this offense if
he or she takes the property from a charitable organization and uses it for a partisan
political purpose. Under the bill, the person who commits that offense is guilty of a
Class I felony if the value of the property is less than or equals $2,500, a Class H
felony if the value of the property is more than $2,500 but not more than $5,000, a
Class G felony if the value of the property is more than $5,000 but not more than
$10,000, and a Class F felony if the value of the property exceeds $10,000.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB691, s. 1
1Section
1. 943.20 (3) (intro.) of the statutes is amended to read:
AB691,2,32
943.20
(3) Penalties. (intro.)
Whoever Except as provided in sub. (3m),
3whoever violates sub. (1):
AB691, s. 2
4Section
2. 943.20 (3m) of the statutes is created to read:
AB691,2,85
943.20
(3m) Increased penalties. If the property is taken from a nonprofit
6corporation, a charitable trust, or any other nonprofit association that is described
7in section
501 (c) (3) or (4) of the Internal Revenue Code and the property is used by
8the person for partisan political purposes, whoever violates sub. (1) (b):
AB691,2,109
(a) If the value of the property does not exceed $2,500, is guilty of a Class I
10felony.
AB691,2,1211
(b) If the value of the property exceeds $2,500 but does not exceed $5,000, is
12guilty of a Class H felony.
AB691,2,1413
(c) If the value of the property exceeds $5,000 but does not exceed $10,000, is
14guilty of a Class G felony.
AB691,2,1515
(d) If the value of the property exceeds $10,000, is guilty of a Class F felony.
AB691,2,1817
(1) This act first applies to acts committed on the effective date of this
18subsection.
