LRB-1742/1
CMH:cjs:jf
2013 - 2014 LEGISLATURE
May 3, 2013 - Introduced by Representatives Kleefisch, Petryk and Ripp,
cosponsored by Senators Farrow, Lasee and Leibham. Referred to Committee
on Criminal Justice.
AB191,1,3
1An Act to amend 943.45 (3) (a), 943.46 (4) (a) and 943.48 (1m) of the statutes;
2relating to: theft of communication and video services, civil damages resulting
3from the theft of certain services, and providing penalties.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from obtaining without payment
telecommunications service and from obtaining without payment video service. A
person who violates either prohibition for the first time is subject to a Class C
forfeiture. Under this bill, a person who violates either prohibition for the first time
is guilty of a Class C misdemeanor.
Under current law if a person who incurs injury as a result of theft of
telecommunications service, commercial mobile service, video service, or satellite
cable programming prevails in a civil suit against the person who committed the
theft, the court must grant the injured person actual damages, costs, and
disbursements. The court is not permitted to grant attorney fees unless the person
who committed the theft did it willfully and for commercial advantage or was
previously convicted for the same violation. This bill permits the court to grant
reasonable attorney fees for a first violation without regard to willfullness,
commercial advantage or previous conviction.
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:
AB191,1
1Section
1. 943.45 (3) (a) of the statutes is amended to read:
AB191,2,32
943.45
(3) (a) Except as provided in pars. (b) to (d), any person who violates sub.
3(1) is
subject to guilty of a Class C
forfeiture misdemeanor.
AB191,2
4Section
2. 943.46 (4) (a) of the statutes is amended to read:
AB191,2,65
943.46
(4) (a) Except as provided in pars. (b) to (d), any person who violates sub.
6(2) (a) to (f) is
subject to guilty of a Class C
forfeiture misdemeanor.
AB191,3
7Section
3. 943.48 (1m) of the statutes is amended to read:
AB191,2,108
943.48
(1m) Except as provided in sub. (2), if the person who incurs the loss
9prevails, the court shall grant the prevailing party actual damages, costs and
10disbursements
and may grant the prevailing party reasonable attorney fees.
AB191,4
11Section
4.
Initial applicability.
AB191,2,1312
(1) This act first applies to acts committed on the effective date of this
13subsection.
