LRB-3042/1
JEO:kaf:ijs
1997 - 1998 LEGISLATURE
January 15, 1998 - Introduced by Representatives Schneider, Jensen, Dobyns,
Krug, Gronemus, Travis, R. Young, Robson, Notestein, Staskunas,
Hasenohrl, Powers, Plale, Springer, Otte, Murat, Musser, Ziegelbauer,
Kaufert, Ladwig, Plouff, Wasserman, Albers, Ryba, F. Lasee, Porter,
Turner, Seratti, Boyle and Hutchison, cosponsored by Senators Huelsman
and Darling. Referred to Committee on Criminal Justice and Corrections.
AB724,1,3
1An Act to amend 895.80 (1) and 946.82 (4); and
to create 943.201 of the statutes;
2relating to: misappropriation of personal identifying information and
3providing a penalty.
Analysis by the Legislative Reference Bureau
Current law provides penalties for various kinds of theft and misappropriation
of property. This bill creates a prohibition against misappropriation of personal
identifying information, such as a person's name, address, telephone number, social
security number, driver's license number or bank or other account numbers.
Specifically, the bill prohibits a person from using or attempting to use any
personal identifying information of another to obtain anything of value without the
authorization or consent of the other person and by representing that he or she is the
other person or is acting with the authorization or consent of the other person. A
person who violates this prohibition may be fined not more than $10,000 or
imprisoned for not more than 5 years or both.
The bill also provides that a person who suffers damage or loss due to the
misappropriation of any of his or her personal identifying information may bring a
civil action against the person who engaged in the misappropriation and may recover
treble damages and all reasonable costs of investigation and litigation. A person may
bring a civil action under the bill regardless of whether there has been a criminal
action related to the loss or damage and regardless of the outcome of any such
criminal action.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB724, s. 1
1Section
1. 895.80 (1) of the statutes is amended to read:
AB724,2,72
895.80
(1) Any person who suffers damage or loss by reason of intentional
3conduct that occurs on or after November 1, 1995, and that is prohibited under s.
4943.01, 943.20, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41, 943.50 or 943.61
, or
5by reason of intentional conduct that occurs on or after the effective date of this
6subsection .... [revisor inserts date], and that is prohibited under s. 943.201, has a
7cause of action against the person who caused the damage or loss.
AB724, s. 2
8Section
2. 943.201 of the statutes is created to read:
AB724,2,11
9943.201 Misappropriation of personal identifying information. (1) In
10this section, "personal identifying information" means any of the following
11information:
AB724,2,1212
(a) An individual's name.
AB724,2,1313
(b) An individual's address.
AB724,2,1414
(c) An individual's telephone number.
AB724,2,1615
(d) The unique identifying driver number assigned to the individual by the
16department of transportation under s. 343.17 (3) (a) 4.
AB724,2,1717
(e) An individual's social security number.
AB724,2,1818
(f) An individual's employer or place of employment.
AB724,2,1919
(g) An identification number assigned to an individual by his or her employer.
AB724,2,2020
(h) The maiden name of an individual's mother.
AB724,3,2
1(i) The identifying number of a depository account, as defined in s. 815.18 (2)
2(e), of an individual.
AB724,3,7
3(2) Whoever intentionally uses or attempts to use any personal identifying
4information of an individual to obtain credit, money, goods, services or anything else
5of value without the authorization or consent of the individual and by representing
6that he or she is the individual or is acting with the authorization or consent of the
7individual is guilty of a Class D felony.
AB724, s. 3
8Section
3. 946.82 (4) of the statutes is amended to read:
AB724,3,219
946.82
(4) "Racketeering activity" means any activity specified in
18 USC 1961 10(1) in effect as of April 27, 1982 or the attempt, conspiracy to commit, or commission
11of any of the felonies specified in: chs. 945 and 961 and ss. 49.49, 134.05, 139.44 (1),
12180.0129, 181.69, 184.09 (2), 185.825, 215.12, 221.0625, 221.0636, 221.0637,
13221.1004, 551.41, 551.42, 551.43, 551.44, 553.41 (3) and (4), 553.52 (2), 940.01,
14940.19 (3) to (6), 940.20, 940.203, 940.21, 940.30, 940.305, 940.31, 941.20 (2) and (3),
15941.26, 941.28, 941.298, 941.31, 941.32, 943.01 (2) or (2g), 943.012, 943.013, 943.02,
16943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3) (b) to (d),
943.201, 943.23 (1g),
17(1m), (1r), (2) and (3), 943.24 (2), 943.25, 943.27, 943.28, 943.30, 943.32, 943.34 (1)
18(b) and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4) (b) and (c), 943.60,
19943.70, 944.205, 944.21 (5) (c) and (e), 944.32, 944.33 (2), 944.34, 945.03, 945.04,
20945.05, 945.08, 946.10, 946.11, 946.12, 946.13, 946.31, 946.32 (1), 946.48, 946.49,
21946.61, 946.64, 946.65, 946.72, 946.76, 947.015, 948.05, 948.08, 948.12 and 948.30.
