LRB-1585/1
MGD:kmg:rs
2003 - 2004 LEGISLATURE
April 23, 2003 - Introduced by Representatives Gundrum, Staskunas, Schneider,
Musser, M. Lehman, Krawczyk, Suder, Olsen, Albers, Seratti, Pettis, Hahn,
Freese, McCormick, Ott, Hines, Ladwig, Hundertmark, Gielow, Gottlieb,
Vrakas, Nischke, Plouff, Rhoades, Van Roy, Bies and Gunderson,
cosponsored by Senators Darling, Erpenbach, Lazich, Carpenter, Stepp,
Hansen and Roessler. Referred to Committee on Judiciary.
AB288,1,11
1An Act to renumber and amend 343.237 (1) (a), 943.201 (1) (a) and 943.201 (2);
2to amend 343.237 (3) (intro.), 343.237 (3) (b), 343.237 (3) (c) (intro.), 343.237
3(4) (intro.), 343.237 (4) (a), 343.237 (4) (b), 895.80 (1), 939.03 (1) (intro.) and (a)
4to (c), 943.201 (title), 946.82 (4), 970.03 (11) and 970.03 (13); and
to create
5196.23, 343.237 (1) (ag), 343.237 (3) (e), 939.03 (1) (e), 939.32 (1) (f), 943.201 (1)
6(a) 1., 943.201 (1) (a) 2., 943.201 (1) (a) 3., 943.201 (1) (b) 10. to 15., 943.201 (2)
7(a), (b) and (c), 943.201 (3) and (4), 943.203, 946.79, 971.19 (11), 971.366 and
8971.367 of the statutes;
relating to: identity theft, unlawful use of an entity's
9identification documents or identifying information, false statements to
10financial institutions, and access by law enforcement agencies to driver's
11license and state identification card photographs and providing penalties.
Analysis by the Legislative Reference Bureau
Identity theft
Current law prohibits identity theft -- the unauthorized use of a personal
identification document or personal identifying information of an individual (the
victim) to obtain credit, money, goods, services, or anything else of value. To convict
a person of this offense, the state must show that the defendant falsely represented
that he or she was the victim or was acting with the authorization or consent of the
victim (the deception element). Under current law, "personal identification
document" is defined to mean a birth certificate or a financial transaction card (which
itself is defined to include a credit or debit card, a check-cashing card, and an
automated teller machine card). Personal identifying information covered by the
identity theft prohibition includes an individual's name, address, telephone number,
driver's license number, social security number, and checking or savings account
number; the name of an individual's employer; and the maiden name of an
individual's mother. A person who commits identity theft may be fined not more than
$10,000 or sentenced to a term of imprisonment (consisting of confinement in state
prison followed by a term of extended supervision) of not more than six years, or both.
This bill makes a number of changes related to the crime of identity theft. First,
the bill revises the definition of "personal identification document" so that it covers
any document containing personal identifying information; an individual's card or
plate, if it can be used to obtain anything of value or benefit or to initiate a transfer
of funds; and any other device that is unique to, assigned to, or belongs to an
individual and that permits the individual to access services, funds, or benefits.
Second, the bill expands the definition of "personal identifying information" so that
it covers: 1) an individual's DNA profile; 2) an individual's code, account number,
identification number, or any other means of account access that can be used to
obtain anything of value or benefit or to initiate a transfer of funds; 3) biometric data
(such as a fingerprint, a voice print, or a retina or iris image); 4) any other
information or data that is unique to, assigned to, or belongs to an individual and that
permits the individual to access services, funds, or benefits; and 5) any other
information that can be associated with a particular individual through one or more
identifiers or other information or circumstances. Third, the bill specifies that the
prohibition on identity theft applies to a personal identification document or
personal identifying information relating to a deceased individual.
Fourth, the bill expands the scope of the prohibition to cover the unauthorized
use of an individual's personal identification document or personal identifying
information to harm the reputation, property, or person of the individual; to harm
the individual's estate if he or she is deceased; to avoid delivery of a summons,
subpoena, or similar court paper; or to avoid a penalty imposed by a court. The bill
also prohibits a person from possessing a personal identification document or
personal identifying information with intent to use it for one of those purposes or to
obtain something of value. Fifth, the bill specifies that the state may prove the
deception element by proving that a defendant falsely represented that the personal
identification document or personal identifying information was his or her own.
Unauthorized use of an entity's identifying documents or information
The bill creates a new crime, prohibiting the unauthorized use of identifying
documents or information relating to a corporation, partnership, association,
government, or government agency (an entity). The elements of and the maximum
penalty for this offense are essentially the same as those for identity theft, with two
exceptions. First, information that relates to an individual but not to an entity (such
as a driver's license number, a social security number, or a DNA profile) is not covered
by the term "identifying information" for the purposes of this new crime. Second, the
prohibition relating to entities does not apply to conduct undertaken for the sole
purpose of avoiding delivery of a court document or avoiding a penalty imposed by
a court. The bill also permits an entity that is the victim of this offense to bring a civil
action against the person committing it in the same way that current law allows
victims of identity theft to bring such an action.
Jurisdiction, venue, and procedure for identity theft and unauthorized use
of entity-identifying documents or information
Under current law, a person may be prosecuted and punished for a crime under
Wisconsin law if, among other things: 1) the person commits a crime and any
elements of the crime occur in this state; or 2) while out of this state, the person does
an act with intent that it cause, within the state, a consequence set forth in a law
defining a crime. This bill specifies that a person may be prosecuted and punished
for identity theft if the victim is a Wisconsin resident and for unauthorized use of an
entity's identifying documents or information if the entity is located in Wisconsin.
The bill also specifies that the case may be brought in the county in which the victim
resides, if the victim is an individual, or is located, if the victim is an entity, or in any
other county in which the case may otherwise be brought under current law. In
addition, the bill permits more frequent use of hearsay and telephonic or televised
testimony at preliminary hearings in such cases.
Utility service for victims of identity theft
The bill allows an individual who is a victim of identity theft to obtain service
from a public utility if the individual is unable to obtain that service solely because
of the identity theft. If the individual furnishes the public utility with an affidavit
and law enforcement agency report regarding the identity theft, and if the individual
otherwise qualifies for the service, the public utility must provide the service, unless
the public utility contests the accuracy of the affidavit or report by filing a petition
with the Public Service Commission (PSC). In such a case, the PSC must investigate
the petition and may hold a hearing on the matter. Unless the PSC determines that
the identity theft did not occur, the public utility must provide the service.
False statements to financial institutions
Current law prohibits making false statements for the purpose of obtaining a
financial transaction card. A person who violates that prohibition may be fined not
more than $10,000 or sentenced to the county jail for not more than nine months or
both. This bill prohibits certain deceptive activities undertaken in connection with
a transaction with a financial institution. The prohibited activities include: 1)
falsifying or concealing an individual's identity; 2) making a false statement
regarding an individual's identity; 3) making or using a writing that contains false
information regarding an individual's identity; or 4) using a false personal
identification document or false personal identifying information. A person who
violates this prohibition may be fined not more than $10,000 or sentenced to a term
of imprisonment of up to six years or both.
Law enforcement agency access to driver's license photographs
With limited exceptions, current law requires the Department of
Transportation (DOT) to take a photograph of all applicants for a driver's license or
state identification card. DOT may keep copies of the photographs for its own use
but generally must keep the photographs confidential. DOT, however, may release
a photograph to the individual whose photograph was taken. In addition, DOT may
release a copy of a photograph taken on or after September 1, 1997, to a Wisconsin
law enforcement agency if the agency submits a written request specifying the name
of the person whose photograph is requested and stating that the photograph is
requested for the purpose of investigating unlawful activity, looking for a missing
person, or identifying an accident victim or a deceased person. DOT may also provide
a copy of such a photograph to a law enforcement agency of a physically adjacent
state if the agency makes a written request in the same manner as a Wisconsin law
enforcement agency and if the physically adjacent state provides Wisconsin law
enforcement agencies with access to photographs taken for that state's driver's
licenses and state identification cards. A law enforcement agency that receives a
copy of a photograph from DOT must keep it confidential.
This bill allows DOT to release a copy of a photograph to any state or federal
law enforcement agency if the law enforcement agency makes a written request in
the same manner as a Wisconsin law enforcement agency. The same restrictions
regarding the use and possession of a released photograph that apply to Wisconsin
law enforcement agencies also apply to the other state's law enforcement agency or
the federal law enforcement agency requesting the photograph from DOT.
Additional information
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.
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:
AB288, s. 1
1Section
1. 196.23 of the statutes is created to read:
AB288,5,2
2196.23 Utility service for victims of misappropriated identifying
3information. (1) If an individual uses personal identifying information of another
4individual, without the authorization or consent of the other individual, to apply for
5and receive service from a public utility and, as a result, the individual whose
6personal identifying information was used without authorization or consent is
1unable to obtain service from the public utility, the utility shall provide service to that
2individual if all of the following apply:
AB288,5,63
(a) The individual furnishes the public utility an affidavit indicating that to the
4best of the individual's knowledge his or her personal identifying information was
5used by another individual, without the authorization or consent of the affiant, to
6obtain the utility service.
AB288,5,107
(b) The individual furnishes the public utility a copy of a law enforcement
8agency report, based on the individual's report to the law enforcement agency of the
9use by another individual of his or her personal identifying information without
10authorization or consent to obtain utility service.
AB288,5,1111
(c) The individual otherwise qualifies to receive the service from the utility.
AB288,5,17
12(2) A public utility may contest the accuracy of an affidavit or report furnished
13by an individual under sub. (1) (a) or (b) by petitioning for a summary investigation
14under s. 196.28 (1). If a petition is filed, the commission shall conduct a summary
15investigation. If a hearing is held under s. 196.28 (2) and the commission determines
16that the conditions of sub. (1) (intro.) have not been met, the public utility is not
17required to provide utility service under this section to the individual.
AB288, s. 2
18Section
2. 343.237 (1) (a) of the statutes is renumbered 343.237 (1) (ar) and
19amended to read:
AB288,6,220
343.237
(1) (ar) "Law enforcement agency of
a physically adjacent another 21state"
has the meaning given in s. 175.46 (1) (b)
means a governmental unit of one
22or more persons employed by a state other than this state or by a political subdivision
23of a state other than this state for the purpose of preventing and detecting crime and
24enforcing laws or ordinances of that state or a political subdivision of that state,
1employees of which unit are authorized to make arrests for crimes while acting
2within the scope of their authority.
AB288, s. 3
3Section
3. 343.237 (1) (ag) of the statutes is created to read:
AB288,6,84
343.237
(1) (ag) "Federal law enforcement agency" means a governmental unit
5of one or more persons employed by the federal government for the purpose of
6preventing and detecting crime and enforcing federal laws, employees of which unit
7are authorized to make arrests for crimes while acting within the scope of their
8authority.
AB288, s. 4
9Section
4. 343.237 (3) (intro.) of the statutes is amended to read:
AB288,6,1410
343.237
(3) (intro.) The department shall provide a Wisconsin law enforcement
11agency
or a federal law enforcement agency with a copy of a photograph taken on or
12after September 1, 1997, of an applicant under s. 343.14 (3) or 343.50 (4) if the
13department receives a written request on the
Wisconsin law enforcement agency's
14letterhead that contains all of the following:
AB288, s. 5
15Section
5. 343.237 (3) (b) of the statutes is amended to read:
AB288,6,1716
343.237
(3) (b) The name of the person making the request and the
Wisconsin 17law enforcement agency that employs the requester.
AB288, s. 6
18Section
6. 343.237 (3) (c) (intro.) of the statutes is amended to read:
AB288,6,2119
343.237
(3) (c) (intro.) A statement signed by a division commander or higher
20authority within the
Wisconsin law enforcement agency that the photograph is
21requested for any of the following purposes:
AB288, s. 7
22Section
7. 343.237 (3) (e) of the statutes is created to read:
AB288,6,2423
343.237
(3) (e) If the requester is a federal law enforcement agency, a statement
24that the agency agrees to comply with all of the requirements under this section.
AB288, s. 8
25Section
8. 343.237 (4) (intro.) of the statutes is amended to read:
AB288,7,4
1343.237
(4) (intro.) If a law enforcement agency of
a physically adjacent 2another state makes a request meeting all the requirements specified for a request
3by a Wisconsin law enforcement agency
or a federal law enforcement agency under
4sub. (3), the department shall comply with the request if all of the following apply:
AB288, s. 9
5Section
9. 343.237 (4) (a) of the statutes is amended to read:
AB288,7,76
343.237
(4) (a) The law enforcement agency of the
physically adjacent other 7state agrees to comply with all
of the requirements under this section.
AB288, s. 10
8Section
10. 343.237 (4) (b) of the statutes is amended to read:
AB288,7,119
343.237
(4) (b) The
physically adjacent other state allows Wisconsin law
10enforcement agencies similar or greater access to similar information from that
11physically adjacent state.
AB288, s. 11
12Section
11. 895.80 (1) of the statutes is amended to read:
AB288,7,1813
895.80
(1) Any person who suffers damage or loss by reason of intentional
14conduct that occurs on or after November 1, 1995, and that is prohibited under s.
15943.01, 943.20, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41, 943.50, 943.61,
16943.74, or 943.76, or by reason of intentional conduct that occurs on or after April 28,
171998, and that is prohibited under s. 943.201
or 943.203, has a cause of action against
18the person who caused the damage or loss.
AB288, s. 12
19Section
12. 939.03 (1) (intro.) and (a) to (c) of the statutes are amended to read:
AB288,7,2120
939.03
(1) (intro.) A person is subject to prosecution and punishment under the
21law of this state if
any of the following applies:
AB288,7,2322
(a) The person commits a crime, any of the constituent elements of which takes
23place in this state
; or.
AB288,7,2524
(b) While out of this state, the person aids and abets, conspires with, or advises,
25incites, commands, or solicits another to commit a crime in this state
; or.
AB288,8,2
1(c) While out of this state, the person does an act with intent that it cause in
2this state a consequence set forth in a section defining a crime
; or.
AB288, s. 13
3Section
13. 939.03 (1) (e) of the statutes is created to read:
AB288,8,74
939.03
(1) (e) The person violates s. 943.201 or 943.203 and the victim is an
5individual who resides in this state, a deceased individual who resided in this state
6immediately before his or her death, or an entity, as defined in s. 943.203 (1) (a), that
7is located in this state.