LRB-4628/1
JEO:jlg:jf
1999 - 2000 LEGISLATURE
March 20, 2000 - Introduced by Representatives Kestell, Suder, Ott, Leibham,
Musser, Porter, Albers, Urban, Stone, Goetsch, Vrakas, Hahn, Sykora and
Johnsrud, cosponsored by Senators Baumgart, Roessler, Huelsman, Schultz
and A. Lasee. Referred to Committee on Criminal Justice.
AB899,1,2
1An Act to amend 946.82 (4) of the statutes;
relating to: unauthorized release
2of animals, racketeering activity and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits the unauthorized release of animals. A person engages
in the unauthorized release of animals if, without the consent of the owner or
custodian of the animal, he or she intentionally releases an animal that is lawfully
confined for scientific, farming, recreation, restocking, research, exhibition,
commercial, educational, companionship or protection purposes. A person who
violates the prohibition against the unauthorized release of animals is generally
guilty of a misdemeanor and may be fined or imprisoned in a county jail or both.
However, a person who commits a third or subsequent violation of the prohibition is
guilty of a felony and may be fined or imprisoned in a state prison or both.
In addition, Wisconsin currently has an organized crime control law, which
provides criminal and civil penalties for engaging in racketeering activity and
continuing criminal enterprises. Specifically, this law prohibits a person who is
employed by or associated with an enterprise from conducting or participating in the
enterprise through a pattern of racketeering activity. The enterprises covered by the
law may be illicit or licit and include sole proprietorships, partnerships, corporations
and associations or groups of individuals associated in fact although not a legal
entity. Current law defines "pattern of racketeering activity" to mean engaging in
at least three incidents of racketeering activity within a seven-year period that have
the same or similar intents, results, accomplices, victims or methods of commission
or otherwise are interrelated. "Racketeering activity" is an attempt or conspiracy to
commit, or the actual commission of, certain specified felonies, including felonies
relating to homicide, battery, theft, burglary and robbery.
This bill expands the list of felonies considered to be "racketeering activity" to
include felony violations of the current prohibition against the unauthorized release
of animals.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB899,2,163
946.82
(4) "Racketeering activity" means any activity specified in
18 USC 1961 4(1) in effect as of April 27, 1982, or the attempt, conspiracy to commit, or commission
5of any of the felonies specified in: chs. 945 and 961 and ss. 49.49, 134.05, 139.44 (1),
6180.0129, 181.0129, 185.825, 200.09 (2), 215.12, 221.0625, 221.0636, 221.0637,
7221.1004, 551.41, 551.42, 551.43, 551.44, 553.41 (3) and (4), 553.52 (2), 940.01,
8940.19 (3) to (6), 940.20, 940.201, 940.203, 940.21, 940.30, 940.305, 940.31, 941.20
9(2) and (3), 941.26, 941.28, 941.298, 941.31, 941.32, 943.01 (2) or (2g), 943.011,
10943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3) (b) to (d),
11943.201, 943.23 (1g), (1m), (1r), (2) and (3), 943.24 (2), 943.25, 943.27, 943.28, 943.30,
12943.32, 943.34 (1) (b) and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4)
13(b) and (c), 943.60, 943.70,
943.75, 944.205, 944.21 (5) (c) and (e), 944.32, 944.33 (2),
14944.34, 945.03 (1m), 945.04 (1m), 945.05 (1), 945.08, 946.10, 946.11, 946.12, 946.13,
15946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72, 946.76, 947.015,
16948.05, 948.08, 948.12 and 948.30.
AB899,3,2
1(1) This act first applies to offenses committed on the effective date of this
2subsection.
