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.
1An Act to amend
973.12 (1) and 973.12 (2); and to create
939.6197 of the 2
statutes; 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:
939.6197 of the statutes is created to read:
5939.6197 Mandatory minimum sentence for repeat retail theft.
If a 6
person is convicted for a violation of s. 943.50 and has 2 or more prior convictions for 7
a violation of s. 943.50, the court shall impose a bifurcated sentence under s. 973.01. 8
The term of confinement in prison portion of a bifurcated sentence imposed under
this section may not be less than 180 days, but otherwise the penalties for the crime 2
apply, subject to any applicable penalty enhancement. The court may not place the 3
defendant on probation.
973.12 (1) of the statutes is amended to read:
Whenever a person charged with a crime will be a repeater or a 6
persistent 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 8
complaint, indictment or information or amendments so alleging at any time before 9
or at arraignment, and before acceptance of any plea. The court may, upon motion 10
of the district attorney, grant a reasonable time to investigate possible prior 11
convictions before accepting a plea. If the prior convictions are admitted by the 12
defendant or proved by the state, he or she shall be subject to sentence under s. 13
or 939.62 unless he or she establishes that he or she was 14
pardoned on grounds of innocence for any crime necessary to constitute him or her 15
a repeater or a persistent repeater. An official report of the F.B.I. or any other 16
governmental agency of the United States or of this or any other state shall be prima 17
facie evidence of any conviction or sentence therein reported. Any sentence so 18
reported shall be deemed prima facie to have been fully served in actual confinement 19
or to have been served for such period of time as is shown or is consistent with the 20
report. The court shall take judicial notice of the statutes of the United States and 21
foreign states in determining whether the prior conviction was for a felony or a 22
973.12 (2) of the statutes is amended to read:
In every case of sentence under s. 939.6195, 939.6197,
or 939.62, the 25
sentence shall be imposed for the present conviction, but if. If
the court indicates in
passing sentence how much thereof is imposed because the defendant is a repeater, 2
it shall not constitute reversible error, but the combined terms shall be construed as 3
a single sentence for the present conviction.
(1) This act first applies to a person who violates s. 943.50 on the effective date 6
of this subsection, but does not preclude counting violations committed before the 7
effective date of this subsection as prior violations for the purposes of sentencing a 8
person under s. 939.6197.