2003 - 2004 LEGISLATURE
March 31, 2003 - Introduced by Representatives Weber, Vruwink, Montgomery,
Huebsch, Gronemus, Vrakas, Freese, Ott, McCormick, J. Fitzgerald, Hahn,
Nass, Townsend, Owens, Zepnick, Loeffelholz, Shilling, Towns, F. Lasee,
Jeskewitz, Lassa, Gunderson, Hines, Kestell, Ladwig, Suder, Hundertmark,
Ward, Van Roy, Bies, Stone, M. Lehman and Krawczyk, cosponsored by
Senators S. Fitzgerald, M. Meyer, Cowles, Breske, Welch, Roessler, Lazich
and Kedzie. Referred to Committee on Criminal Justice.
1An Act to renumber
943.212 (4); to renumber and amend
943.21 (3); to
343.10 (1) (a), 343.10 (2) (a) 1., 343.30 (5), 943.21 (title), 943.212 (title) 3
and 943.212 (1) (a); and to create
943.21 (1) (d), 943.21 (2r), 943.21 (3) (bm), 4
943.21 (3m) and 943.212 (4) (b) of the statutes; relating to: failure to pay for
5gasoline or diesel fuel and suspension of operating privileges after conviction
6for theft of gasoline or diesel fuel and providing penalties.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from intentionally absconding without paying
for taxicab service or without paying for beverage, food, lodging, or other service or
accommodation at a hotel, motel, campground, boarding or lodging house, or
restaurant. If a person is convicted of violating this prohibition and the value of the
goods or services was $2,500 or less, he or she is guilty of a misdemeanor and may
be fined not more than $10,000 or imprisoned in the county jail for not more than nine
months or both. If the value of the goods or services exceeds $2,500, the person is
guilty of a felony and the maximum term of imprisonment (consisting of a term of
confinement in state prison and a term of extended supervision) increases to three
and one-half years. In addition, current law provides for a special civil action for
victims of this crime. Using this special civil action, a victim may recover the value
of the service or accommodation involved in the crime, any other property damage
resulting from the crime, and limited exemplary damages and attorney fees.
This bill prohibits a person from intentionally absconding from a service
station, garage, or other place where gasoline or diesel fuel is offered for retail sale
without paying for the gasoline or diesel fuel. A person who violates this prohibition
may be subject to a forfeiture (a civil monetary penalty) of not more than $200. The
bill also provides that in addition to the forfeiture: 1) for a second offense a court may
suspend the person's driver's licenses for not more than six months; 2) for a third
offense the court must suspend the person's license for six months; and 3) for a fourth
or subsequent offense, the court must suspend the person's license for one year.
Finally, with certain modifications, the bill extends the special civil action that covers
crimes for absconding for services or accommodations to cover offenses involving
absconding without paying for gasoline or diesel fuel.
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:
AB232, s. 1
343.10 (1) (a) of the statutes is amended to read:
(a) If a person's license or operating privilege is revoked or 3
suspended under this chapter or s. 767.303, 943.21 (3m),
or 961.50 and if the person 4
is engaged in an occupation, including homemaking or full-time or part-time study, 5
or a trade making it essential that he or she operate a motor vehicle, the person, after 6
payment of the fee provided in sub. (6), may file an application with the department 7
setting forth in detail the need for operating a motor vehicle. No person may file more 8
than one application with respect to each revocation or suspension of the person's 9
license or operating privilege under this chapter or s. 767.303, 943.21 (3m),
or 961.50, 10
except that this limitation does not apply to an application to amend an occupational 11
AB232, s. 2
343.10 (2) (a) 1. of the statutes is amended to read:
(a) 1. Except for a revocation or suspension that arose out of the same 14
incident or occurrence for which the person's license or operating privilege is 15
currently revoked or suspended, the person's license or operating privilege was not
revoked or suspended previously under this chapter or ch. 344 or s. 943.21 (3m) or 2
961.50 within the one-year period immediately preceding the present revocation or 3
suspension, except as provided in s. 344.40.
AB232, s. 3
343.30 (5) of the statutes is amended to read:
No court may suspend or revoke an operating privilege except as 6
authorized by this chapter or ch. 345, 351 or 938 or s. 767.303, 800.09 (1) (c), 800.095 7
(4) (b) 4., 943.21 (3m),
or 961.50. When a court revokes, suspends or restricts a 8
juvenile's operating privilege under ch. 938, the department of transportation shall 9
not disclose information concerning or relating to the revocation, suspension or 10
restriction to any person other than a court, district attorney, county corporation 11
counsel, city, village or town attorney, law enforcement agency, or the minor whose 12
operating privilege is revoked, suspended or restricted, or his or her parent or 13
guardian. Persons entitled to receive this information shall not disclose the 14
information to other persons or agencies.
AB232, s. 4
943.21 (title) of the statutes is amended to read:
(title) Fraud on hotel or restaurant keeper or, taxicab operator,
17or gas station.
AB232, s. 5
943.21 (1) (d) of the statutes is created to read:
(d) Having obtained gasoline or diesel fuel from a service station, 20
garage, or other place where gasoline or diesel fuel is sold at retail or offered for sale 21
at retail, intentionally absconds without paying for the gasoline or diesel fuel.
AB232, s. 6
943.21 (2r) of the statutes is created to read:
The failure or refusal to pay a service station, garage, or other place 24
where gasoline or diesel fuel is sold at retail or offered for sale at retail the 25
established charge for gasoline or diesel fuel provided by the service station, garage,
or other place constitutes prima facie evidence of an intent to abscond without 2
AB232, s. 7
943.21 (3) of the statutes, as affected by 2001 Wisconsin Act 109
is renumbered 943.21 (3) (am), and 943.21 (3) (am) (intro.), as renumbered, is 5
amended to read:
(am) (intro.) Whoever violates this section sub. (1) (a), (b), or (c)
AB232, s. 8
943.21 (3) (bm) of the statutes is created to read:
(bm) Whoever violates sub. (1) (d) is subject to a Class D forfeiture.
AB232, s. 9
943.21 (3m) of the statutes is created to read:
In this subsection:
1. "Operating privilege" has the meaning given in s. 340.01 (40).
2. "Repeat offense" means a violation of sub. (1) (d) that occurs after a person 13
has been found by a court to have violated sub. (1) (d).
(b) Driver's license suspension; 2nd offense.
Subject to pars. (c) and (d), if a 15
person commits a repeat offense, the court, in addition to imposing any penalty under 16
sub. (3) (bm), may suspend the person's operating privilege for not more than 6 17
(c) Driver's license suspension; 3rd offense.
Subject to par. (d), if a person 19
violates sub. (1) (d) after having been found by a court to have committed an offense 20
that constitutes a repeat offense, the court, in addition to imposing any penalty 21
under sub. (3) (bm), shall suspend the person's operating privilege for not more than 22
(d) Driver's license suspension; 4th offense.
If a person violates sub. (1) (d) after 24
having his or her operating privilege suspended under par. (c), the court, in addition
to imposing any penalty under sub. (3) (bm), shall suspend the person's operating 2
privilege for one year.
AB232, s. 10
943.212 (title) of the statutes is amended to read:
(title) Fraud on hotel or restaurant keeper or, taxicab operator,
5or gas station; civil liability.
AB232, s. 11
943.212 (1) (a) of the statutes is amended to read:
(a) The retail value of the beverage, food, lodging, accommodation, 8gasoline or diesel fuel,
transportation or service involved in the violation. A person 9
may recover under this paragraph only if he or she exercises due diligence in 10
demanding payment for the beverage, food, lodging, accommodation,
transportation or service.
AB232, s. 12
943.212 (4) of the statutes is renumbered 943.212 (4) (a).
AB232, s. 13
943.212 (4) (b) of the statutes is created to read:
(b) This subsection does not apply to an action based on acts that 15
constitute a violation of s. 943.21 (1) (d).