LRB-3659/1
RLR:jld:jf
2001 - 2002 LEGISLATURE
November 6, 2001 - Introduced by Representatives Kestell, Gronemus, J.
Fitzgerald, Suder, Schooff, Lippert, Musser, Owens, Steinbrink, Ott, Hahn,
Jeskewitz, Nass, Olsen, Leibham, Urban, Ladwig, Freese, Turner, Ainsworth,
Pettis, Ward, Petrowski, Sykora, Vrakas, Loeffelholz, Albers and Stone,
cosponsored by Senators Zien, Huelsman, Kanavas, Schultz, Harsdorf,
Roessler and Baumgart. Referred to Committee on Criminal Justice.
AB613,1,3
1An Act to amend 946.82 (4) of the statutes;
relating to: expanding definition
2of racketeering activity to include certain violations of prohibition against
3unauthorized release of animals, and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law classifies the commission, attempt, or conspiracy to commit a
variety of offenses punishable by confinement in prison (felonies) as "racketeering
activity." Homicide, certain forms of battery, theft, burglary, and robbery are some
of the felony offenses classified as racketeering activity. A "pattern of racketeering
activity" is defined as engaging in at least three incidents of racketeering activity
that have the same or similar intent, results, accomplices, victims, or methods of
commission, or that are otherwise interrelated, over a seven-year period. Current
law prohibits a person from acquiring rights to any real property, acquiring rights
in the establishment or operation of any enterprise, or participating in an enterprise
through a pattern of racketeering activity. A person who engages in a pattern of
racketeering activity in violation of these prohibitions is guilty of a Class C felony,
punishable by a term of confinement in prison followed by a term of extended
supervision that together may not exceed 15 years, a fine not to exceed the greater
of $10,000 or twice the amount of pecuniary gain or loss resulting from the pattern
of racketeering activity, or both imprisonment and a fine. The maximum penalty is
greater if a person engages in a "continuing criminal enterprise," which is defined
as engaging in a prohibited pattern of racketeering activity in concert with five or
more other persons, if the offender obtains from the activity gross income or
resources in excess of $25,000.
This bill adds the Class C felony prohibition against unauthorized release of
animals to the group of felonies that are classified as racketeering activity. The Class
C felony unauthorized release of animals prohibits a person from intentionally
releasing an animal that is lawfully confined for scientific, farming, restocking,
research, or commercial proposes, without the consent of the owner of the animal.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB613,2,163
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, 201.09 (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), (2d), or (2g), 943.011,
10943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3) (c) and
11(d), 943.201, 943.23 (1g), (1m), (1r), (2) and (3), 943.24 (2), 943.25, 943.27, 943.28,
12943.30, 943.32, 943.34 (1) (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4)
13(c), 943.60, 943.70,
943.75 (2m), 943.76, 944.205, 944.21 (5) (c) and (e), 944.32, 944.33
14(2), 944.34, 945.03 (1m), 945.04 (1m), 945.05 (1), 945.08, 946.10, 946.11, 946.12,
15946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72, 946.76,
16947.015, 948.05, 948.08, 948.12, and 948.30.
AB613,3,2
1(1) This act first applies to offenses committed on the effective date of this
2subsection.
