LRB-1029/1
JEO:kaf:km
1997 - 1998 LEGISLATURE
September 23, 1997 - Introduced by Representatives Hebl, Krug, Dobyns,
Ziegelbauer, Plale, Ladwig, Olsen, Ryba, Lazich, Riley, Musser, Hasenohrl,
Seratti, Meyer, Bock, Gronemus, Boyle and Wasserman, cosponsored by
Senators Rosenzweig, Plache, Farrow, Clausing and Breske. Referred to
Committee on Aging and Long-Term Care.
AB536,1,2
1An Act to create 939.627 of the statutes;
relating to: committing theft against
2certain persons and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits various forms of theft. One form of theft is sometimes
called embezzlement. A person commits theft by embezzlement if all of the following
apply: 1) by virtue of his or her office, business or employment, or by virtue of being
a trustee or other person to whom property is entrusted, the person has possession
of money or a negotiable security or other negotiable instrument that is owned by
another; 2) the person intentionally uses, transfers, conceals, or retains possession
of, the money or negotiable instrument without the owner's consent; and 3) the
person uses, transfers, conceals, or retains possession of, the money or negotiable
instrument with the intent to convert it to his or her own use or to the use of any
person other than the owner.
If a person is convicted of theft by embezzlement for taking property the value
of which exceeds $2,500, he or she may be imprisoned for not more than 10 years or
fined not more than $10,000 or both. In addition, a person convicted of theft by
embezzlement may be fined not more than $10,000 or imprisoned for not more than
5 years or both if the value of the property taken does not exceed $2,500 but the theft
occurs under certain circumstances. One such circumstance is if the property is
taken either from: 1) a patient or resident of a protective facility or program (such
as an adult day care center, a hospice, a group home, a community-based residential
facility, an inpatient health care facility or a treatment facility); or 2) a vulnerable
adult (a disabled adult who is substantially mentally incapable of caring for himself
or herself). Finally, current law provides a number of penalty enhancement
provisions to allow for increased penalties whenever crimes are committed under
specified circumstances.
This bill provides for an increased penalty for the theft by embezzlement of
property worth more than $2,500 from a vulnerable adult or from a patient or
resident of a protective facility or program if the theft by embezzlement is committed
by a caretaker of that vulnerable adult or patient or resident. The bill defines
"caretaker" to mean a guardian, custodian or trustee of a vulnerable adult or a
patient or resident of a protective facility or program, whether or not appointed by
a court, or any other person in a position of trust with a vulnerable adult or a patient
or resident of a protective facility or program. If a caretaker is convicted of theft by
embezzlement under the circumstances covered by the bill, the maximum period of
imprisonment is increased by 5 years and the maximum fine is increased by $5,000.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB536, s. 1
1Section
1. 939.627 of the statutes is created to read:
AB536,2,3
2939.627 Increased penalty; theft by caretaker of vulnerable adult. (1) 3In this section:
AB536,2,84
(a) "Caretaker" means a guardian, custodian, trustee or other person, whether
5or not appointed by a court, who is responsible for the care, custody or control of a
6vulnerable adult or the estate of a vulnerable adult, or any other person who stands
7in a position of trust with a vulnerable adult. "Caretaker" includes a person acting
8under a durable power of attorney.
AB536,2,99
(b) "Developmentally disabled person" has the meaning given in s. 55.01 (2).
AB536,2,1010
(c) "Durable power of attorney" has the meaning given in s. 243.07 (1) (a).
AB536,2,1111
(d) "Infirmities of aging" has the meaning given in s. 55.01 (3).
AB536,2,1212
(e) "Mental illness" has the meaning given in s. 55.01 (4m).
AB536,2,1313
(f) "Other like incapacities" has the meaning given in s. 55.01 (5).
AB536,2,1414
(g) "Vulnerable adult" means a person who meets any of the following criteria:
AB536,3,4
11. The person is 18 years of age or older, is a developmentally disabled person
2or has infirmities of aging, mental illness or other like incapacities, and is
3substantially mentally incapable of providing for his or her needs for food, shelter,
4clothing or personal or health care.
AB536,3,65
2. The person is a patient or resident of a facility or program specified in s.
6940.295 (2).
AB536,3,8
7(2) (a) If a person commits a violation of s. 943.20 (1) (b) under all of the
8following circumstances, the penalties are increased as provided in par. (b):
AB536,3,99
1. The person who commits the violation is a caretaker.
AB536,3,1110
2. The victim of the violation is a vulnerable adult for whom the person is a
11caretaker.
AB536,3,1212
3. The value of the property taken exceeds $2,500.
AB536,3,1413
(b) If par. (a) applies, the maximum period of imprisonment may be increased
14by 5 years and the maximum fine may be increased by $5,000
AB536,3,17
15(3) This section provides for the enhancement of the penalties applicable for
16the underlying crime. The court shall direct that the trier of fact find a special verdict
17as to all of the issues specified in sub. (2).
AB536,3,1919
(1) This act first applies to acts occurring on the effective date of this subsection.
