2021 - 2022 LEGISLATURE
January 7, 2022 - Introduced by Representatives Brandtjen, Allen, Behnke,
Gundrum, James, Kuglitsch, Magnafici, Murphy, Penterman, Sanfelippo
and Thiesfeldt, cosponsored by Senators Stroebel, Jacque and Nass.
Referred to Committee on Judiciary.
AB829,1,3 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 mandatory minimum sentence of incarceration for 180 days
for a third conviction for the offense of retail theft that occurs within 10 years of the
previous two convictions. Under current law, depending on the circumstances, retail
theft can be a Class A misdemeanor, punishable by up to 9 months of imprisonment,
or a Class G, H, or I felony, punishable by up to 10 years, 6 years, or 3.5 years of
imprisonment, respectively.
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:
AB829,1 4Section 1. 939.6197 of the statutes is created to read:
AB829,2,6 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

1violations of s. 943.50 for acts that were committed on separate days no more than
210 years before the date that the person committed the act for which the person is
3sentenced under this section, the court shall sentence the person to a term of
4confinement in jail or prison for not less than 180 days, but otherwise the penalties
5for the crime apply, subject to any applicable penalty enhancement. The court may
6not place the defendant on probation.
AB829,2 7Section 2. 973.12 (1) of the statutes is amended to read:
AB829,2,258 973.12 (1) Whenever a person charged with a crime will be a repeater or a
9persistent 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
11complaint, indictment or information or amendments so alleging at any time before
12or at arraignment, and before acceptance of any plea. The court may, upon motion
13of the district attorney, grant a reasonable time to investigate possible prior
14convictions before accepting a plea. If the prior convictions are admitted by the
15defendant or proved by the state, he or she shall be subject to sentence under s.
16939.6195, 939.6197, or 939.62 unless he or she establishes that he or she was
17pardoned on grounds of innocence for any crime necessary to constitute him or her
18a repeater or a persistent repeater. An official report of the F.B.I. or any other
19governmental agency of the United States or of this or any other state shall be prima
20facie evidence of any conviction or sentence therein reported. Any sentence so
21reported shall be deemed prima facie to have been fully served in actual confinement
22or to have been served for such period of time as is shown or is consistent with the
23report. The court shall take judicial notice of the statutes of the United States and
24foreign states in determining whether the prior conviction was for a felony or a
1Section 3. 973.12 (2) of the statutes is amended to read:
AB829,3,62 973.12 (2) In every case of sentence under s. 939.6195, 939.6197, or 939.62, the
3sentence shall be imposed for the present conviction, but if. If the court indicates in
4passing sentence how much thereof is imposed because the defendant is a repeater,
5it shall not constitute reversible error, but the combined terms shall be construed as
6a single sentence for the present conviction.
AB829,4 7Section 4. Initial applicability.
AB829,3,118 (1) This act first applies to a person who violates s. 943.50 on the effective date
9of this subsection, but does not preclude counting violations committed before the
10effective date of this subsection as prior violations for the purposes of sentencing a
11person under s. 939.6197.
AB829,3,1212 (End)