SB581: Bill Text

SB581,13,3 939.646 Penalty; identity theft crimes committed against vulnerable persons. (1) If a person does all of the following, the penalties for the underlying crime are increased as provided in sub. (2):

SB581,13,4 (a) Commits a crime under s. 943.201 (2) (a) or (b).

SB581,13,9 (b) Intentionally selects the person against whom the crime under par. (a) is committed because the person is a vulnerable adult, as defined in s. 940.285 (1) (e), has a disability that makes him or her more vulnerable, or appear to be more vulnerable, to a crime under s. 943.201 (2) (a) or (b), is a person who is elderly, or is a person under the age of 18.

SB581,13,12 (2) The maximum fine prescribed by law for the crime is increased by $5,000 and the maximum term of imprisonment prescribed by law for the crime is increased by 5 years.

SB581,13,15 (3) This section provides for the enhancement of the penalties applicable for the underlying crime. The court shall direct that the trier of fact find a special verdict as to all of the issues specified in sub. (1).

SB581, s. 7 Section 7. 942.05 of the statutes is repealed and recreated to read:

SB581,13,17 942.05 Mail theft. (1) In this section:

SB581,13,19 (a) "Mail" means a letter, postal card, package, bag, or other sealed article that is being mailed.

SB581,13,21 (b) "Mail depository" means a mail box, letter box, mail receptacle, post office, a station of a post office, a mail route, or a postal service vehicle.

SB581,13,25 (c) "Person with a claim of right" means a person who owns or rents the mail depository, who has permission from the owner or renter of the mail depository, who is currently working in the line of duty for the postal service, or who is the sender of or the addressee on the mail.

SB581,14,2 (2) Whoever, without a claim of right, does any of the following is guilty of a Class I felony:

SB581,14,3 (a) Removes mail from a mail depository.

SB581,14,4 (b) Takes mail from a mail carrier.

SB581,14,5 (c) Deceives a person with a claim of right in order to obtain custody of mail.

SB581,14,6 (d) Removes the contents of mail.

SB581,14,7 (e) Removes mail that has been left for collection at a mail depository.

SB581,14,10 (f) Receives, possesses, transfers, publishes, buys, or conceals mail obtained by an act described in pars. (a) to (e) if the person knows or should know that the mail was obtained by an act described in pars. (a) to (e).

SB581, s. 8 Section 8. 971.19 (12) of the statutes is created to read:

SB581,14,16 971.19 (12) In an action under s. 942.05, the defendant may be tried in the county where the crime was committed, in the county where the victim resided at the time of the offense, or, if the victim was an entity, as defined in s. 943.203 (1) (a), in the county in which the victim's place of business was located at the time of the offense.

SB581, s. 9 Section 9. Nonstatutory provisions.

SB581,14,18 (1) Employee social security numbers.

SB581,14,25 (a) Use of employee social security numbers. Notwithstanding section 103.135 (2) of the statutes, as created by this act, and Section 10 (2 ) (a) of this act, within 90 days after the effective date of this subsection, an employer that before the effective date of this subsection used a social security number or derivative of a social security number of an employee as an identifier shall cease using that number or derivative as an identifier, except as permitted under section 103.135 (2) of the statutes, as created by this act.

SB581,15,6 (b) Display of employee social security numbers. Notwithstanding section 103.135 (3) of the statutes, as created by this act, and Section 10 (2) (b ) of this act, within 90 days after the effective date of this subsection, an employer that before the effective date of this subsection issued an identification card to an employee that does not conform to section 103.135 (3) of the statutes, as created by this act, shall replace that identification card with an identification card that conforms to that section.

SB581, s. 10 Section 10 . Initial applicability.

SB581,15,10 (1) Identity theft. The treatment of section 939.646 of the statutes first applies to violations of section 943.201 (2) of the statutes that occur on the effective date of this subsection.

SB581,15,11 (2) Employee social security numbers.

SB581,15,15 (a) Unnecessary solicitation or use of social security numbers. The treatment of section 103.135 (2) of the statutes first applies to a person who applies for employment on the effective date of this paragraph and to the use of a social security number as an identifier on the effective date of his paragraph.

SB581,15,18 (b) Display of social security number. The treatment of section 103.135 (3) of the statutes first applies to an employee identification card issued on the effective date of this paragraph.

SB581, s. 11 Section 11. Effective dates. This act takes effect on the day after publication, except as follows:

SB581,15,22 (1) Credit reports. The treatment of section 138.25 of the statutes takes effect on the first day of the 4th month beginning after publication.

SB581,15,23 (End)