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Analysis by the Legislative Reference Bureau
Current law prohibits the unauthorized use of another person's personal
identifying information or documents related to the person's identifying information.
Personal identifying information includes an individual's name, address, telephone
number, driver's or employment identification number, the maiden name of an
individual's mother, social security number, taxpayer's identification number, access
code for an individual's bank or other account, an individual's unique biometric data,
including fingerprint, voice print, retina or iris image, or deoxyribonucleic acid
profile.
Under current law, a person who intentionally uses, attempts to use, or
possesses with the intent to use another person's personal identifying information
or documents to obtain something of value, to avoid civil or criminal process or
penalty, or to harm the reputation or property of the person is guilty of a Class H
felony and may be fined up to $10,000, imprisoned for up to six years, or both.
Under current law, a person who is the victim of the unauthorized use of his or
her personal identifying information or documents may obtain a security freeze on

his or her credit reports free of charge, if he or she submits proof to a credit reporting
agency that he or she reported the unauthorized use to a law enforcement agency.
This bill prohibits the possession, by a person who is incarcerated in a prison
or who resides in a mental health facility, of a correctional employee's personal
identifying information or a document relating to the employee's personal
identifying information. A person who violates this prohibition is guilty of a Class
H felony. Under the bill, a correctional employee who is the victim of an unauthorized
possession of his or her personal identifying information or documents may obtain
a security freeze on his or her credit reports free of charge, if he or she submits proof
to a credit reporting agency that he or she reported the unauthorized possession to
a law enforcement agency.
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 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:
SB283, s. 1 1Section 1. 48.685 (5) (br) 3m. of the statutes is amended to read:
SB283,2,72 48.685 (5) (br) 3m. Except for purposes of permitting a person to be a nonclient
3resident or caregiver specified in sub. (1) (ag) 1. a. of a day child care center or day
4child care provider, a violation of s. 943.201, 943.202, 943.203, 943.32 (2), or 943.38
5(1) or (2); a violation of s. 943.34 (1), 943.395 (1), 943.41 (3) (e), (4) (a), (5), (6), or (6m),
6943.45 (1), 943.455 (2), 943.46 (2), 943.47 (2), 943.50 (1m), or 943.70 (2) (a) or (am)
7or (3) (a) that is a felony; or an offense under subch. IV of ch. 943 that is a felony.
SB283, s. 2 8Section 2. 100.54 (9) (b) of the statutes is amended to read:
SB283,3,29 100.54 (9) (b) A consumer reporting agency may not charge a fee to an
10individual who submits evidence satisfactory to the consumer reporting agency that
11the individual made a report to a law enforcement agency under s. 943.201 (4) or
12943.202 (4)
regarding the individual's personal identifying information or a personal

1identifying document. A copy of a law enforcement agency's report under s. 943.201
2(4) or 943.202 (4) is considered satisfactory evidence for purposes of this paragraph.
SB283, s. 3 3Section 3. 103.34 (1) (b) 3. of the statutes is amended to read:
SB283,3,84 103.34 (1) (b) 3. A violation of s. 943.20, 943.201, 943.203, 943.21, 943.23,
5943.24 (2), 943.34, 943.50, 943.61, 943.62, or 943.70 or of a substantially similar
6federal law or law of another state, if the value of the property misappropriated is
7$2,500 or more, or a violation of s. 943.202 or of a substantially similar federal law
8or law of another state
.
SB283, s. 4 9Section 4. 895.446 (1) of the statutes is amended to read:
SB283,3,1710 895.446 (1) Any person who suffers damage or loss by reason of intentional
11conduct that occurs on or after November 1, 1995, and that is prohibited under s.
12943.01, 943.20, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41, 943.50, 943.61,
13943.74, or 943.76, or by reason of intentional conduct that occurs on or after April 28,
141998, and that is prohibited under s. 943.201, 943.202, or 943.203, or by reason of
15intentional conduct that occurs on or after July 1, 2004, and that is prohibited under
16s. 943.011, 943.012, or 943.017, has a cause of action against the person who caused
17the damage or loss.
SB283, s. 5 18Section 5. 895.446 (2) of the statutes is amended to read:
SB283,4,219 895.446 (2) The burden of proof in a civil action under sub. (1) is with the person
20who suffers damage or loss to prove a violation of s. 943.01, 943.011, 943.012,
21943.017, 943.20, 943.201, 943.202, 943.203, 943.21, 943.24, 943.26, 943.34, 943.395,
22943.41, 943.50, 943.61, 943.74, or 943.76 by a preponderance of the credible evidence.
23A conviction under s. 943.01, 943.011, 943.012, 943.017, 943.20, 943.201, 943.202,
24943.203, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41, 943.50, 943.61, 943.74, or

1943.76 is not required to bring an action, obtain a judgment, or collect on that
2judgment under this section.
SB283, s. 6 3Section 6. 895.446 (3) (a) of the statutes is amended to read:
SB283,4,74 895.446 (3) (a) Actual damages, including the retail or replacement value of
5damaged, used, or lost property, whichever is greater, for a violation of s. 943.01,
6943.011, 943.012, 943.017, 943.20, 943.201, 943.202, 943.203, 943.21, 943.24,
7943.26, 943.34, 943.395, 943.41, 943.50, 943.61, 943.74, or 943.76.
SB283, s. 7 8Section 7. 939.03 (1) (e) of the statutes is amended to read:
SB283,4,129 939.03 (1) (e) The person violates s. 943.201, 943.202, or 943.203 and the
10victim, at the time of the violation, is an individual who resides in this state, a
11deceased individual who resided in this state immediately before his or her death,
12or an entity, as defined in s. 943.203 (1) (a), that is located in this state.
SB283, s. 8 13Section 8. 943.202 of the statutes is created to read:
SB283,4,15 14943.202 Unauthorized possession of personal identifying information
15or documents
. (1) In this section:
SB283,4,1716 (a) "Correctional employee" means a person who has direct contact with a
17prisoner in the course of his or her employment duties.
SB283,4,1818 (b) "Personal identification document" means any of the following:
SB283,4,1919 1. A document containing personal identifying information.
SB283,4,2220 2. A correctional employee's card or plate, if it can be used, alone or in
21conjunction with another access device, to obtain money, goods, services, or any other
22thing of value or benefit, or if it can be used to initiate a transfer of funds.
SB283,4,2523 3. Any other device that is unique to, assigned to, or belongs to a correctional
24employee and that is intended to be used to access services, funds, or benefits of any
25kind to which the individual is entitled.
SB283,5,1
1(c) "Personal identifying information" means any of the following information:
SB283,5,22 1. A correctional employee's address.
SB283,5,33 2. A correctional employee's telephone number.
SB283,5,54 3. The unique identifying driver number assigned to a correctional employee
5by the department of transportation under s. 343.17 (3) (a) 4.
SB283,5,66 4. A correctional employee's social security number.
SB283,5,87 5. An identification number assigned to a correctional employee by his or her
8employer.
SB283,5,99 6. The maiden name of a correctional employee's mother.
SB283,5,1110 7. The identifying number of a depository account, as defined in s. 815.18 (2)
11(e), of a correctional employee.
SB283,5,1212 8. A correctional employee's taxpayer identification number.
SB283,5,1413 9. A correctional employee's deoxyribonucleic acid profile, as defined in s.
14939.74 (2d) (a).
SB283,5,1715 10. Any of the following, if it can be used, alone or in conjunction with any access
16device, to obtain money, goods, services, or any other thing of value or benefit, or if
17it can be used to initiate a transfer of funds:
SB283,5,1818 a. A correctional employee's code or account number.
SB283,5,2119 b. A correctional employee's electronic serial number, mobile identification
20number, personal identification number, or other telecommunications service,
21equipment, or instrument identifier.
SB283,5,2222 c. Any other means of account access.
SB283,5,2423 11. A correctional employee's unique biometric data, including fingerprint,
24voice print, retina or iris image, or any other unique physical representation.
SB283,6,3
112. Any other information or data that is unique to, assigned to, or belongs to
2a correctional employee and that is intended to be used to access services, funds, or
3benefits of any kind to which the individual is entitled.
SB283,6,54 13. Any other information that can be associated with a particular individual
5through one or more identifiers or other information or circumstances.
SB283,6,86 (d) "Prisoner" means any person who is incarcerated, imprisoned, or otherwise
7detained in a prison or correctional institution or mental health facility in the state,
8but does not include a person confined in a jail.
SB283,6,12 9(2) Any prisoner who possesses any personal identifying information or
10personal identification document of a correctional employee, including a deceased
11correctional employee, without the authorization or consent of the correctional
12employee is guilty of a Class H felony.
SB283,6,16 13(3) It is an affirmative defense to a prosecution under this section that the
14defendant was authorized by law to engage in the conduct that is the subject of the
15prosecution. A defendant who raises this affirmative defense has the burden of
16proving the defense by a preponderance of the evidence.
SB283,7,2 17(4) If a correctional employee reports to a law enforcement agency for the
18jurisdiction which is the correctional employee's residence that personal identifying
19information or a personal identification document belonging to him or her
20reasonably appears to be in the possession of another in violation of this section, the
21agency shall prepare a report on the alleged violation. If the law enforcement agency
22concludes that it appears not to have jurisdiction to investigate the violation, it shall
23inform the correctional employee which law enforcement agency may have
24jurisdiction. A copy of a report prepared under this subsection shall be furnished

1upon request to the person who made the request, subject to payment of any
2reasonable fee for the copy.
SB283, s. 9 3Section 9. 946.82 (4) of the statutes is amended to read:
SB283,7,184 946.82 (4) "Racketeering activity" means any activity specified in 18 USC 1961
5(1) in effect as of April 27, 1982, or the attempt, conspiracy to commit, or commission
6of any of the felonies specified in: chs. 945 and 961, subch. V of ch. 551, and ss. 49.49,
7134.05, 139.44 (1), 180.0129, 181.0129, 185.825, 201.09 (2), 215.12, 221.0625,
8221.0636, 221.0637, 221.1004, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19 (4) to (6),
9940.20, 940.201, 940.203, 940.21, 940.30, 940.302 (2), 940.305, 940.31, 941.20 (2) and
10(3), 941.26, 941.28, 941.298, 941.31, 941.32, 942.09, 943.01 (2), (2d), or (2g), 943.011,
11943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3) (bf) to (e),
12943.201, 943.202, 943.203, 943.23 (1g), (2) and (3), 943.24 (2), 943.27, 943.28, 943.30,
13943.32, 943.34 (1) (bf), (bm), and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c),
14943.50 (4) (bf), (bm), and (c), 943.60, 943.70, 943.76, 943.81, 943.82, 943.83, 943.84,
15943.85, 943.86, 943.87, 943.88, 943.89, 943.90, 944.21 (5) (c) and (e), 944.32, 944.33
16(2), 944.34, 945.03 (1m), 945.04 (1m), 945.05 (1), 945.08, 946.10, 946.11, 946.12,
17946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72, 946.76,
18946.79, 947.015, 948.05, 948.051, 948.08, 948.12, and 948.30.
SB283, s. 10 19Section 10. 970.03 (11) of the statutes is amended to read:
SB283,7,2320 970.03 (11) The court may admit a statement which is hearsay and which is
21not excluded from the hearsay rule under ss. 908.02 to 908.045 to prove ownership
22of property or lack of consent to entry to or possession or destruction of property or
23to prove any element under s. 943.201 (2), 943.202, or 943.203 (2).
SB283, s. 11 24Section 11. 970.03 (13) of the statutes is amended to read:
SB283,8,4
1970.03 (13) Testimony may be received into the record of a preliminary
2examination by telephone or live audiovisual means if the proponent shows good
3cause or if the testimony is used to prove an element of an offense under s. 943.201
4(2), 943.202, or 943.203 (2).
SB283, s. 12 5Section 12. 971.19 (11) of the statutes is amended to read:
SB283,8,106 971.19 (11) In an action under s. 943.201 or 943.202, the defendant may be tried
7in the county where the victim or intended victim resided at the time of the offense
8or in any other county designated under this section. In an action under s. 943.203,
9the defendant may be tried in the county where the victim or intended victim was
10located at the time of the offense or in any other county designated under this section.
SB283, s. 13 11Section 13. 971.366 of the statutes is amended to read:
SB283,8,15 12971.366 Use of another's personal identifying information: charges.
13In any case under s. 943.201, 943.202, or 943.203 involving more than one violation,
14all violations may be prosecuted as a single crime if the violations were pursuant to
15a single intent and design.
SB283,8,1616 (End)
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