LRB-2434/1
RLR&CTS:kjf:pg
2007 - 2008 LEGISLATURE
May 15, 2007 - Introduced by Representatives Kleefisch, Kestell, Owens, Albers,
Bies, Gronemus, Hahn, Jeskewitz, Jorgensen, Kaufert, Kerkman, LeMahieu,
Lothian, Nygren, A. Ott, J. Ott, Van Roy, Vos and Ziegelbauer, cosponsored
by Senators Olsen, Leibham, Risser and
Roessler. Referred to Committee on
Criminal Justice.
AB340,1,4
1An Act to renumber 946.88 (3);
to amend 943.50 (4) (a), 943.50 (4) (bf) and
2946.82 (4); and
to create 134.715, 943.50 (4m) and 946.88 (3) (b) of the statutes;
3relating to: retail theft, proof of ownership for certain sales, and providing
4penalties.
Analysis by the Legislative Reference Bureau
Under current law, the penalty for retail theft is based on the value of the
merchandise taken. Retail theft is a Class A misdemeanor if the value of the
merchandise does not exceed $2,500, a Class I felony if the value of the merchandise
exceeds $2,500 but does not exceed $5,000, a Class H felony if the value of the
merchandise exceeds $5,000 but does not exceed $10,000, and a Class G felony if the
value of the merchandise exceeds $10,000.
Also under current law a person may be convicted of engaging in organized
crime, a Class E felony, if the person participates as part of an enterprise (which may
be a group of associates) in the commission of at least three incidents of racketeering
activity that have the same or similar intents, results, accomplices, victims, or
methods of commission or otherwise are interrelated by distinguishing
characteristics. "Racketeering activity" is the attempt, conspiracy to commit, or
commission of various felonies including felony retail theft. The attorney general
may prosecute organized crime. A district attorney may prosecute organized crime
only with the prior written approval of the attorney general.
This bill makes retail theft of merchandise a Class I felony if the value of the
merchandise exceeds $500 but does not exceed $5,000, and thus makes retail theft
of merchandise valued at $500 or more racketeering activity. The bill also makes
retail theft of merchandise that is valued at less than $500 a Class I felony if the actor
commits the theft with intent to sell the merchandise. Finally, the bill provides that
a district attorney may prosecute organized crime without the prior written approval
of the attorney general if at least one of the incidents of racketeering activity is an
attempt, conspiracy to commit, or commission of retail theft that occurred in a county
served by the district attorney.
The bill also requires a person selling certain merchandise at a flea market or
similar facility to have proof that the person owns the merchandise and to make the
proof available to a law enforcement officer for inspection. The merchandise covered
by the bill's requirements includes baby food, cosmetics, drugs, infant formula, and
batteries. Under the bill, proof of ownership means all of the following: 1) the name,
address, telephone number, and signature of the supplier of the merchandise; 2) the
name and address of the person that received the merchandise; and 3) a description
of the merchandise. Violators are subject to a fine up to $500, up to six months
imprisonment, or both.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB340, s. 1
1Section
1. 134.715 of the statutes is created to read:
AB340,2,3
2134.715 Proof of ownership required for sale. (1) Definitions. In this
3section:
AB340,2,54
(a) "Cosmetic" means an article intended to be applied to the human body for
5cleansing, beautifying, or altering appearance, but does not include soap.
AB340,2,66
(b) "Device" has the meaning given in s. 450.01 (6).
AB340,2,77
(c) "Drug" has the meaning given in s. 450.01 (10).
AB340,2,88
(d) "Infant formula" means a food that is intended for consumption by infants.
AB340,2,12
9(2) Proof required. (a) A person engaged in the sale of used or new goods at
10a flea market or at a similar facility may not sell any of the following merchandise,
11unless the person has proof that the person is the owner of the merchandise as
12described in par. (b):
AB340,2,1313
1. Baby food of a type usually consumed by children under 3 years of age.
AB340,3,44
5. Infant formula.
AB340,3,66
7. Razor blades.
AB340,3,77
(b) Proof of ownership means all of the following information:
AB340,3,108
1. The name, address, telephone number, and signature of the person that
9supplied the merchandise or a representative of the person that supplied the
10merchandise.
AB340,3,1211
2. The name and address of the person that received the merchandise from the
12person who supplied the merchandise.
AB340,3,1413
3. A description of the product, including the quantity of the product received
14from the person who supplied the merchandise.
AB340,3,1715
(c) A person required to have proof of ownership under this section shall make
16proof of ownership available for inspection by a law enforcement officer at any
17reasonable time.
AB340,3,19
18(3) Penalty. A person who violates this section is guilty of a Class C
19misdemeanor.
AB340, s. 2
20Section
2. 943.50 (4) (a) of the statutes is amended to read:
AB340,3,2221
943.50
(4) (a)
A Except as provided in sub. (4m), a Class A misdemeanor, if
22the value of the merchandise does not exceed
$2,500
$500.
AB340, s. 3
23Section
3. 943.50 (4) (bf) of the statutes is amended to read:
AB340,3,2524
943.50
(4) (bf) A Class I felony, if the value of the merchandise exceeds
$2,500 25$500 but does not exceed $5,000.
AB340, s. 4
1Section
4. 943.50 (4m) of the statutes is created to read:
AB340,4,42
943.50
(4m) Whoever violates sub. (1m) (a), (b), (c), (d), (e), or (f) with intent
3to sell the merchandise is guilty of a Class I felony if the value of the merchandise
4does not exceed $500.
AB340, s. 5
5Section
5. 946.82 (4) of the statutes is amended to read:
AB340,4,206
946.82
(4) "Racketeering activity" means any activity specified in
18 USC 1961 7(1) in effect as of April 27, 1982, or the attempt, conspiracy to commit, or commission
8of any of the felonies specified in: chs. 945 and 961 and ss. 49.49, 134.05, 139.44 (1),
9180.0129, 181.0129, 185.825, 201.09 (2), 215.12, 221.0625, 221.0636, 221.0637,
10221.1004, 551.41, 551.42, 551.43, 551.44, 553.41 (3) and (4), 553.52 (2), 940.01,
11940.19 (4) to (6), 940.20, 940.201, 940.203, 940.21, 940.30, 940.305, 940.31, 941.20
12(2) and (3), 941.26, 941.28, 941.298, 941.31, 941.32, 942.09, 943.01 (2), (2d), or (2g),
13943.011, 943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3)
14(bf) to (e), 943.201, 943.203, 943.23 (1g), (2) and (3), 943.24 (2), 943.27, 943.28,
15943.30, 943.32, 943.34 (1) (bf), (bm), and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and
16(c), 943.50 (4) (bf), (bm), and (c)
and (4m), 943.60, 943.70, 943.76, 943.81, 943.82,
17943.83, 943.84, 943.85, 943.86, 943.87, 943.88, 943.89, 943.90, 944.21 (5) (c) and (e),
18944.32, 944.33 (2), 944.34, 945.03 (1m), 945.04 (1m), 945.05 (1), 945.08, 946.10,
19946.11, 946.12, 946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65,
20946.72, 946.76, 946.79, 947.015, 948.05, 948.08, 948.12, and 948.30.
AB340, s. 6
21Section
6. 946.88 (3) of the statutes is renumbered 946.88 (3) (a).
AB340, s. 7
22Section
7. 946.88 (3) (b) of the statutes is created to read:
AB340,5,223
946.88
(3) (b) Notwithstanding par. (a), a district attorney may institute
24criminal proceedings under ss. 946.80 to 946.88 without the prior written approval
25of the attorney general if at least one of the incidents constituting a pattern of
1racketeering activity is an attempt, conspiracy to commit, or commission of a felony
2under s. 943.50 that occurred in a county served by the district attorney.
