LRB-1196/1
JEO:jlg:km
1999 - 2000 LEGISLATURE
February 9, 1999 - Introduced by Representatives Suder, Albers, Ainsworth,
Freese, Handrick, Hoven, Huebsch, Kelso, Ladwig, F. Lasee, Montgomery,
Musser, Nass, Olsen, Plale, Powers, Turner and Vrakas, cosponsored by
Senators Darling, Fitzgerald, Lazich, Roessler, Welch and Zien. Referred
to Committee on Criminal Justice.
AB111,1,2
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
known as 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.
Under current law, the penalties for theft are generally based on the value of
the property stolen. If the value of the property taken does not exceed $1,000, the
theft is a misdemeanor. If the value of the property is more than $1,000 but not more
than $2,500, the theft is a less serious class of felony. If the value of the property
exceeds $2,500, the theft is a more serious class of felony. For instance, if a person
is convicted of theft by embezzlement and the value of the property embezzled
exceeds $2,500, the person may be imprisoned for not more than ten years or fined
not more than $10,000 or both, if the theft is committed before December 31, 1999.
If the theft is committed on or after December 31, 1999, the person may be
imprisoned for not more than 15 years or fined not more than $10,000 or both.
However, current law also provides that theft is a more serious felony 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). Thus, if a
theft by embezzlement of less than $2,500 is committed against a vulnerable adult
or a patient or resident of a protective facility or program before December 31, 1999,
the person committing the theft may be fined not more than $10,000 or imprisoned
for not more than five years or both. If the theft is committed on or after December
31, 1999, the person may be imprisoned for not more than ten years or fined not more
than $10,000 or both.
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 five 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:
AB111, s. 1
1Section
1. 939.627 of the statutes is created to read:
AB111,2,3
2939.627 Increased penalty; theft by caretaker of vulnerable adult. (1) 3In this section:
AB111,2,84
(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.
AB111,2,99
(b) "Developmentally disabled person" has the meaning given in s. 55.01 (2).
AB111,3,1
1(c) "Durable power of attorney" has the meaning given in s. 243.07 (1) (a).
AB111,3,22
(d) "Infirmities of aging" has the meaning given in s. 55.01 (3).
AB111,3,33
(e) "Mental illness" has the meaning given in s. 55.01 (4m).
AB111,3,44
(f) "Other like incapacities" has the meaning given in s. 55.01 (5).
AB111,3,55
(g) "Vulnerable adult" means a person who meets any of the following criteria:
AB111,3,96
1. The person is 18 years of age or older, is a developmentally disabled person
7or has infirmities of aging, mental illness or other like incapacities, and is
8substantially mentally incapable of providing for his or her needs for food, shelter,
9clothing or personal or health care.
AB111,3,1110
2. The person is a patient or resident of a facility or program specified in s.
11940.295 (2).
AB111,3,13
12(2) (a) If a person commits a violation of s. 943.20 (1) (b) under all of the
13following circumstances, the penalties are increased as provided in par. (b):
AB111,3,1414
1. The person who commits the violation is a caretaker.
AB111,3,1615
2. The victim of the violation is a vulnerable adult for whom the person is a
16caretaker.
AB111,3,1717
3. The value of the property taken exceeds $2,500.
AB111,3,1918
(b) If par. (a) applies, the maximum period of imprisonment may be increased
19by 5 years and the maximum fine may be increased by $5,000.
AB111,3,22
20(3) This section provides for the enhancement of the penalties applicable for
21the underlying crime. The court shall direct that the trier of fact find a special verdict
22as to all of the issues specified in sub. (2).
AB111,3,2424
(1) This act first applies to acts occurring on the effective date of this subsection.
