2019 - 2020 LEGISLATURE
January 27, 2020 - Introduced by Representatives Brandtjen, Skowronski,
Sanfelippo, Dittrich, Duchow, Edming, Gundrum, Horlacher, Jagler,
James, Knodl, Kuglitsch, Ott, Ramthun, Sortwell, Tittl and Wichgers,
cosponsored by Senators Stroebel, Jacque, Marklein, Nass and Craig.
Referred to Committee on Criminal Justice and Public Safety.
AB807,1,3 1An Act to amend 973.12 (1) and 973.12 (2); and to create 939.6197 of the
2statutes; relating to: mandatory minimum sentence for three or more
3convictions for retail theft and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill imposes a 180-day mandatory minimum jail sentence for the crime of
retail theft, if the defendant has previously been convicted two times for retail theft.
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
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB807,1 4Section 1. 939.6197 of the statutes is created to read:
AB807,2,3 5939.6197 Mandatory minimum sentence for repeat retail theft. If a
6person is convicted for a violation of s. 943.50 and has 2 or more prior convictions for
7a violation of s. 943.50, the court shall impose a bifurcated sentence under s. 973.01.
8The term of confinement in prison portion of a bifurcated sentence imposed under

1this section may not be less than 180 days, but otherwise the penalties for the crime
2apply, subject to any applicable penalty enhancement. The court may not place the
3defendant on probation.
AB807,2 4Section 2. 973.12 (1) of the statutes is amended to read:
AB807,2,225 973.12 (1) Whenever a person charged with a crime will be a repeater or a
6persistent repeater under s. 939.62 or subject to a penalty under s. 939.6195 or
if convicted, any applicable prior convictions may be alleged in the
8complaint, indictment or information or amendments so alleging at any time before
9or at arraignment, and before acceptance of any plea. The court may, upon motion
10of the district attorney, grant a reasonable time to investigate possible prior
11convictions before accepting a plea. If the prior convictions are admitted by the
12defendant or proved by the state, he or she shall be subject to sentence under s.
13939.6195, 939.6197, or 939.62 unless he or she establishes that he or she was
14pardoned on grounds of innocence for any crime necessary to constitute him or her
15a repeater or a persistent repeater. An official report of the F.B.I. or any other
16governmental agency of the United States or of this or any other state shall be prima
17facie evidence of any conviction or sentence therein reported. Any sentence so
18reported shall be deemed prima facie to have been fully served in actual confinement
19or to have been served for such period of time as is shown or is consistent with the
20report. The court shall take judicial notice of the statutes of the United States and
21foreign states in determining whether the prior conviction was for a felony or a
AB807,3 23Section 3. 973.12 (2) of the statutes is amended to read:
AB807,3,324 973.12 (2) In every case of sentence under s. 939.6195, 939.6197, or 939.62, the
25sentence shall be imposed for the present conviction, but if. If the court indicates in

1passing sentence how much thereof is imposed because the defendant is a repeater,
2it shall not constitute reversible error, but the combined terms shall be construed as
3a single sentence for the present conviction.
AB807,4 4Section 4. Initial applicability.
AB807,3,85 (1) This act first applies to a person who violates s. 943.50 on the effective date
6of this subsection, but does not preclude counting violations committed before the
7effective date of this subsection as prior violations for the purposes of sentencing a
8person under s. 939.6197.
AB807,3,99 (End)