LRB-5383/1
CMH:cdc
2023 - 2024 LEGISLATURE
January 12, 2024 - Introduced by Representatives Penterman and Allen,
cosponsored by Senator Jacque. Referred to Committee on Criminal Justice
and Public Safety.
AB928,1,3
1An Act to amend 943.20 (3) (a) and (bf) and 971.19 (2); and
to create 943.20 (5)
2and (6) and 943.50 (6) and (7) of the statutes;
relating to: theft crimes and
3providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, the penalty for the crime of theft of property varies by the
value of the property taken. Under current law, theft of property valued at no more
than $2,500 is a Class A misdemeanor; theft of property valued at more than $2,500
but not more than $5,000 is a Class I felony; theft of property valued at more than
$5,000 but not more than $10,000 is a Class H felony; theft of property valued at more
than $10,000 but not more than $100,000 is a Class G felony; and theft of property
valued at more than $100,000 is a Class F felony.
This bill reduces the threshold for the two lowest theft crimes so that theft of
property valued at no more than $500 is a Class A misdemeanor and theft of property
valued at more than $500 but not more than $5,000 is a Class I felony.
The bill also specifies that, if a defendant commits more than one violation of
theft of property or more than one violation of retail theft in a six-month period, the
value of the property taken at each violation may be aggregated as one crime to
determine the classification of the crime. The bill specifies that if the value is
aggregated for crimes that occur in different jurisdictions, the crime may be tried in
any jurisdiction in which the theft was committed.
The bill also creates a penalty enhancer for a felony level of theft of property or
retail theft if, during the commission of the felony, the defendant's conduct created
a substantial risk of bodily harm to another person. The penalty enhancer increases
the maximum term of imprisonment for the felony by half of the maximum term of
imprisonment for that felony.
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.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB928,1
1Section
1. 943.20 (3) (a) and (bf) of the statutes are amended to read:
AB928,2,32
943.20
(3) (a) If the value of the property does not exceed
$2,500 $500, is guilty
3of a Class A misdemeanor.
AB928,2,54
(bf) If the value of the property exceeds
$2,500
$500 but does not exceed $5,000,
5is guilty of a Class I felony.
AB928,2
6Section
2. 943.20 (5) and (6) of the statutes are created to read:
AB928,2,97
943.20
(5) Aggregation of values. For purposes of charging and penalty
8determinations under sub. (3) (a) to (cm), the value of property from multiple
9violations committed by the same person in a 6-month period may be aggregated.
AB928,2,13
10(6) Penalty enhancer. The maximum term of imprisonment for a felony under
11sub. (3) is increased by 50 percent of the maximum term of imprisonment for that
12felony if, during the commission of the felony, the defendant's conduct created a
13substantial risk of bodily harm to another person.
AB928,3
14Section
3. 943.50 (6) and (7) of the statutes are created to read:
AB928,2,1715
943.50
(6) For purposes of charging and penalty determinations under sub. (4)
16(a) to (c), the value of property from multiple violations committed by the same
17person in a 6-month period may be aggregated.
AB928,3,2
18(7) The maximum term of imprisonment for a felony under sub. (4) or (4m) is
19increased by 50 percent of the maximum term of imprisonment for that felony if,
1during the commission of the felony, the defendant's conduct created a substantial
2risk of bodily harm to another person.
AB928,4
3Section
4. 971.19 (2) of the statutes is amended to read:
AB928,3,64
971.19
(2) Where 2 or more acts are requisite to the commission of any offense
5or if 2 or more acts are aggregated under s. 943.20 (5) or 943.50 (6), the trial may be
6in any county in which any of such acts occurred.
