SB237: Bill Text

SB237,116,12 943.10 (2) (intro.) Whoever violates sub. (1) under any of the following circumstances is guilty of a Class B E felony:

SB237, s. 405 Section 405. 943.12 of the statutes is amended to read:

SB237,116,18 943.12 Possession of burglarious tools. Whoever has in personal possession any device or instrumentality intended, designed or adapted for use in breaking into any depository designed for the safekeeping of any valuables or into any building or room, with intent to use such device or instrumentality to break into a depository, building or room, and to steal therefrom, is guilty of a Class E I felony.

SB237, s. 406 Section 406. 943.20 (3) (a) of the statutes is amended to read:

SB237,116,21 943.20 (3) (a) If the value of the property does not exceed $1,000 $2,000, is guilty of a Class A misdemeanor.

SB237, s. 407 Section 407. 943.20 (3) (b) of the statutes is amended to read:

SB237,116,24 943.20 (3) (b) If the value of the property exceeds $1,000 $2,000 but does not $2,500 exceed $5,000, is guilty of a Class E I felony.

SB237, s. 408 Section 408. 943.20 (3) (bm) of the statutes is created to read:

SB237,117,2 943.20 (3) (bm) If the value of the property exceeds $5,000 but does not exceed $10,000, is guilty of a Class H felony.

SB237, s. 409 Section 409. 943.20 (3) (c) of the statutes is amended to read:

SB237,117,5 943.20 (3) (c) If the value of the property exceeds $2,500 $10,000, is guilty of a Class C G felony.

SB237, s. 410 Section 410. 943.20 (3) (d) (intro.) of the statutes is amended to read:

SB237,117,8 943.20 (3) (d) (intro.) If the value of the property does not exceed $2,500 and any of the following circumstances exist exists, is guilty of a Class D H felony:

SB237, s. 411 Section 411. 943.20 (3) (d) 1. of the statutes is amended to read:

SB237,117,10 943.20 (3) (d) 1. The property is a domestic animal ; or.

SB237, s. 412 Section 412. 943.20 (3) (d) 2. of the statutes is renumbered 943.20 (3) (e) and amended to read:

SB237,117,14 943.20 (3) (e) The If the property is taken from the person of another or from a corpse; or, is guilty of a Class G felony.

SB237, s. 413 Section 413. 943.20 (3) (d) 3. of the statutes is amended to read:

SB237,117,18 943.20 (3) (d) 3. The property is taken from a building which has been destroyed or left unoccupied because of physical disaster, riot, bombing or the proximity of battle; or.

SB237, s. 414 Section 414. 943.20 (3) (d) 4. of the statutes is amended to read:

SB237,117,21 943.20 (3) (d) 4. The property is taken after physical disaster, riot, bombing or the proximity of battle has necessitated its removal from a building ; or.

SB237, s. 415 Section 415. 943.201 (2) of the statutes is amended to read:

SB237,118,3 943.201 (2) Whoever intentionally uses or attempts to use any personal identifying information or personal identification document of an individual to obtain credit, money, goods, services or anything else of value without the authorization or consent of the individual and by representing that he or she is the individual or is acting with the authorization or consent of the individual is guilty of a Class D H felony.

SB237, s. 416 Section 416. 943.205 (3) of the statutes is amended to read:

SB237,118,5 943.205 (3) Anyone who violates this section is guilty of a Class E I felony.

SB237, s. 417 Section 417. 943.21 (3) (a) of the statutes is amended to read:

SB237,118,9 943.21 (3) (a) Is guilty of a Class A misdemeanor when the value of any beverage, food, lodging, accommodation, transportation or other service is $1,000 $2,000 or less.

SB237, s. 418 Section 418. 943.21 (3) (b) of the statutes is amended to read:

SB237,118,12 943.21 (3) (b) Is guilty of a Class E I felony when the value of any beverage, food, lodging, accommodation, transportation or other service exceeds $1,000 $2,000.

SB237, s. 419 Section 419. 943.23 (1g) of the statutes is amended to read:

SB237,118,16 943.23 (1g) Whoever, while possessing a dangerous weapon and by the use of, or the threat of the use of, force or the weapon against another, intentionally takes any vehicle without the consent of the owner is guilty of a Class B C felony.

SB237, s. 420 Section 420. 943.23 (1m) of the statutes is repealed.

SB237, s. 421 Section 421. 943.23 (1r) of the statutes is repealed.

SB237, s. 422 Section 422. 943.23 (2) of the statutes is amended to read:

SB237,118,22 943.23 (2) Whoever Except as provided in sub. (3m), whoever intentionally takes and drives any vehicle without the consent of the owner is guilty of a Class D H felony.

SB237, s. 423 Section 423. 943.23 (3) of the statutes is amended to read:

SB237,119,3 943.23 (3) Whoever Except as provided in sub. (3m), whoever intentionally drives or operates any vehicle without the consent of the owner is guilty of a Class E I felony.

SB237, s. 424 Section 424. 943.23 (3m) of the statutes is created to read:

SB237,119,10 943.23 (3m) It is an affirmative defense to a prosecution for a violation of sub. (2) or (3) if the defendant abandoned the vehicle without damage within 24 hours after the vehicle was taken from the possession of the owner. An affirmative defense under this subsection mitigates the offense to a Class A misdemeanor. A defendant who raises this affirmative defense has the burden of proving the defense by a preponderance of the evidence.

SB237, s. 425 Section 425. 943.23 (4m) of the statutes is amended to read:

SB237,119,15 943.23 (4m) Whoever knows that the owner does not consent to the driving or operation of a vehicle and intentionally accompanies, as a passenger in the vehicle, a person while he or she violates sub. (1g), (1m), (1r), (2) or, (3) or (3m) is guilty of a Class A misdemeanor.

SB237, s. 426 Section 426. 943.23 (5) of the statutes is amended to read:

SB237,119,20 943.23 (5) Whoever intentionally removes a major part of a vehicle without the consent of the owner is guilty of a Class E I felony. Whoever intentionally removes any other part or component of a vehicle without the consent of the owner is guilty of a Class A misdemeanor.

SB237, s. 427 Section 427. 943.24 (1) of the statutes is amended to read:

SB237,119,24 943.24 (1) Whoever issues any check or other order for the payment of not more than $1,000 $2,000 which, at the time of issuance, he or she intends shall not be paid is guilty of a Class A misdemeanor.

SB237, s. 428 Section 428. 943.24 (2) of the statutes is amended to read:

SB237,120,5 943.24 (2) Whoever issues any single check or other order for the payment of more than $1,000 $2,000 or whoever within a 15-day period issues more than one check or other order amounting in the aggregate to more than $1,000 $2,000 which, at the time of issuance, the person intends shall not be paid is guilty of a Class E I felony.

SB237, s. 429 Section 429. 943.25 (1) of the statutes is amended to read:

SB237,120,9 943.25 (1) Whoever, with intent to defraud, conveys real property which he or she knows is encumbered, without informing the grantee of the existence of the encumbrance is guilty of a Class E I felony.

SB237, s. 430 Section 430. 943.25 (2) (intro.) of the statutes is amended to read:

SB237,120,12 943.25 (2) (intro.) Whoever, with intent to defraud, does any of the following is guilty of a Class E I felony:

SB237, s. 431 Section 431. 943.26 (2) of the statutes is amended to read:

SB237,120,15 943.26 (2) If the security is impaired by more than $1,000 $2,000, the mortgagor or vendee is guilty of a Class E I felony.

SB237, s. 432 Section 432. 943.27 of the statutes is amended to read:

SB237,120,23 943.27 Possession of records of certain usurious loans. Any person who knowingly possesses any writing representing or constituting a record of a charge of, contract for, receipt of or demand for a rate of interest or consideration exceeding $20 upon $100 for one year computed upon the declining principal balance of the loan, use or forbearance of money, goods or things in action or upon the loan, use or sale of credit is, if the rate is prohibited by a law other than this section, guilty of a Class E I felony.

SB237, s. 433 Section 433. 943.28 (2) of the statutes is amended to read:

SB237,121,3 943.28 (2) Whoever makes any extortionate extension of credit, or conspires to do so, if one or more of the parties to the conspiracy does an act to effect its object, is guilty of a Class C F felony.

SB237, s. 434 Section 434. 943.28 (3) of the statutes is amended to read:

SB237,121,8 943.28 (3) Whoever advances money or property, whether as a gift, as a loan, as an investment, pursuant to a partnership or profit-sharing agreement, or otherwise, for the purpose of making extortionate extensions of credit, is guilty of a Class C F felony.

SB237, s. 435 Section 435. 943.28 (4) of the statutes is amended to read:

SB237,121,12 943.28 (4) Whoever knowingly participates in any way in the use of any extortionate means to collect or attempt to collect any extension of credit, or to punish any person for the nonrepayment thereof, is guilty of a Class C F felony.

SB237, s. 436 Section 436. 943.30 (1) of the statutes is amended to read:

SB237,121,20 943.30 (1) Whoever, either verbally or by any written or printed communication, maliciously threatens to accuse or accuses another of any crime or offense, or threatens or commits any injury to the person, property, business, profession, calling or trade, or the profits and income of any business, profession, calling or trade of another, with intent thereby to extort money or any pecuniary advantage whatever, or with intent to compel the person so threatened to do any act against the person's will or omit to do any lawful act, is guilty of a Class D H felony.

SB237, s. 437 Section 437. 943.30 (2) of the statutes is amended to read:

SB237,121,24 943.30 (2) Whoever violates sub. (1) by obstructing, delaying or affecting commerce or business or the movement of any article or commodity in commerce or business is guilty of a Class D H felony.

SB237, s. 438 Section 438. 943.30 (3) of the statutes is amended to read:

SB237,122,3 943.30 (3) Whoever violates sub. (1) by attempting to influence any petit or grand juror, in the performance of his or her functions as such, is guilty of a Class D H felony.

SB237, s. 439 Section 439. 943.30 (4) of the statutes is amended to read:

SB237,122,6 943.30 (4) Whoever violates sub. (1) by attempting to influence the official action of any public officer is guilty of a Class D H felony.

SB237, s. 440 Section 440. 943.30 (5) (b) of the statutes is amended to read:

SB237,122,12 943.30 (5) (b) Whoever, orally or by any written or printed communication, maliciously uses, or threatens to use, the patient health care records of another person, with intent thereby to extort money or any pecuniary advantage, or with intent to compel the person so threatened to do any act against the person's will or omit to do any lawful act, is guilty of a Class D H felony.

SB237, s. 441 Section 441. 943.31 of the statutes is amended to read:

SB237,122,18 943.31 Threats to communicate derogatory information. Whoever threatens to communicate to anyone information, whether true or false, which would injure the reputation of the threatened person or another unless the threatened person transfers property to a person known not to be entitled to it is guilty of a Class E I felony.

SB237, s. 442 Section 442. 943.32 (1) (intro.) of the statutes is amended to read:

SB237,122,22 943.32 (1) (intro.) Whoever, with intent to steal, takes property from the person or presence of the owner by either of the following means is guilty of a Class C E felony:

SB237, s. 443 Section 443. 943.32 (2) of the statutes is amended to read:

SB237,123,2 943.32 (2) Whoever violates sub. (1) by use or threat of use of a dangerous weapon, a device or container described under s. 941.26 (4) (a) or any article used or fashioned in a manner to lead the victim reasonably to believe that it is a dangerous weapon or such a device or container is guilty of a Class B C felony.

SB237, s. 444 Section 444. 943.34 (1) (a) of the statutes is amended to read:

SB237,123,5 943.34 (1) (a) A Class A misdemeanor, if the value of the property does not exceed $1,000 $2,000.

SB237, s. 445 Section 445. 943.34 (1) (b) of the statutes is amended to read:

SB237,123,8 943.34 (1) (b) A Class E I felony, if the value of the property exceeds $1,000 $2,000 but does not more than $2,500 exceed $5,000.

SB237, s. 446 Section 446. 943.34 (1) (bm) of the statutes is created to read:

SB237,123,11 943.34 (1) (bm) A Class H felony, if the value of the property exceeds $5,000 but does not exceed $10,000.

SB237, s. 447 Section 447. 943.34 (1) (c) of the statutes is amended to read:

SB237,123,14 943.34 (1) (c) A Class C G felony, if the value of the property exceeds $2,500 $10,000.

SB237, s. 448 Section 448. 943.38 (1) (intro.) of the statutes is amended to read:

SB237,123,19 943.38 (1) (intro.) Whoever with intent to defraud falsely makes or alters a writing or object of any of the following kinds so that it purports to have been made by another, or at another time, or with different provisions, or by authority of one who did not give such authority, is guilty of a Class C H felony:

SB237, s. 449 Section 449. 943.38 (2) of the statutes is amended to read:

SB237,123,23 943.38 (2) Whoever utters as genuine or possesses with intent to utter as false or as genuine any forged writing or object mentioned in sub. (1), knowing it to have been thus falsely made or altered, is guilty of a Class C H felony.