2015 - 2016 LEGISLATURE
November 24, 2015 - Introduced by Representatives Steffen, E. Brooks, Gannon,
Kahl, Kremer, Krug, Kuglitsch, T. Larson, Murphy, Novak, Petersen,
Petryk, Ripp, Schraa, Tauchen, Tittl, Weatherston, Zepnick and Macco,
cosponsored by Senators Wanggaard, Cowles, Gudex and Lasee. Referred to
Committee on Energy and Utilities.
AB547,1,3
1An Act to create 943.01 (2k) and 943.143 of the statutes;
relating to: trespass
2and damage to property owned or used by an energy provider and providing a
3criminal penalty.
Analysis by the Legislative Reference Bureau
This bill increases the criminal penalty for intentionally damaging property
from a Class A misdemeanor to a Class H felony if the property damaged is owned,
leased, or operated by an energy provider and the actor intended to, or did, cause a
substantial interruption of the energy provider's goods or services.
Under the bill, entering a property that is part of an energy plant or electric
generation, distribution, or transmission system or part of a natural gas distribution
system without lawful authority or the consent of the energy provider that owns,
operates, or leases the property is also a Class H felony.
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:
AB547,1
4Section
1. 943.01 (2k) of the statutes is created to read:
AB547,1,55
943.01
(2k) (a) In this subsection, "energy provider" means any of the following:
AB547,2,1
11. A public utility under s. 196.01 (5) (a) that is engaged in any of the following:
AB547,2,22
a. The production, transmission, delivery, or furnishing of heat, power, or light.
AB547,2,33
b. The transmission or delivery of natural gas.
AB547,2,44
2. A transmission company under s. 196.485 (1) (ge).
AB547,2,65
3. A cooperative association organized under ch. 185 for the purpose of
6producing or furnishing heat, light, or power for its members.
AB547,2,87
4. A wholesale merchant plan under s. 196.491 (1) (w) that produces nuclear
8power.
AB547,2,99
5. A decommissioned nuclear power plant.
AB547,2,1110
(b) Any person violating sub. (1) under all of the following circumstances is
11guilty of a Class H felony:
AB547,2,1212
1. The property damaged is owned, leased, or operated by an energy provider.
AB547,2,1413
2. The actor intended to or did cause substantial interruption or impairment
14of any service or good provided by the energy provider.
AB547,2
15Section
2. 943.143 of the statutes is created to read:
AB547,2,17
16943.143 Criminal trespass to an energy provider property. (1) In this
17section:
AB547,2,1818
(a) "Energy provider" means any of the following:
AB547,2,1919
1. A public utility under s. 196.01 (5) (a) that is engaged in any of the following:
AB547,2,2020
a. The production, transmission, delivery, or furnishing of heat, power, or light.
AB547,2,2121
b. The transmission or delivery of natural gas.
AB547,2,2222
2. A transmission company under s. 196.485 (1) (ge).
AB547,2,2423
3. A cooperative association organized under ch. 185 for the purpose of
24producing or furnishing heat, light, or power for its members.
AB547,3,2
14. A wholesale merchant plan under s. 196.491 (1) (w) that produces nuclear
2power.
AB547,3,33
5. A decommissioned nuclear power plant.
AB547,3,64
(b) "Energy provider property" means property that is part of an electric
5generation, distribution, or transmission system or part of a natural gas distribution
6system and that is owned, leased, or operated by an energy provider.
AB547,3,9
7(2) Whoever intentionally enters an energy provider property without lawful
8authority and without the consent of the energy provider that owns, leases, or
9operates the property is guilty of a Class H felony.
