AB340: Bill Text

AB340, s. 1 Section 1. 134.715 of the statutes is created to read:

AB340,2,3 134.715 Proof of ownership required for sale. (1) Definitions. In this section:

AB340,2,5 (a) "Cosmetic" means an article intended to be applied to the human body for cleansing, beautifying, or altering appearance, but does not include soap.

AB340,2,6 (b) "Device" has the meaning given in s. 450.01 (6).

AB340,2,7 (c) "Drug" has the meaning given in s. 450.01 (10).

AB340,2,8 (d) "Infant formula" means a food that is intended for consumption by infants.

AB340,2,12 (2) Proof required. (a) A person engaged in the sale of used or new goods at a flea market or at a similar facility may not sell any of the following merchandise, unless the person has proof that the person is the owner of the merchandise as described in par. (b):

AB340,2,13 1. Baby food of a type usually consumed by children under 3 years of age.

AB340,3,1 2. Cosmetics.

AB340,3,2 3. Devices.

AB340,3,3 4. Drugs.

AB340,3,4 5. Infant formula.

AB340,3,5 6. Batteries.

AB340,3,6 7. Razor blades.

AB340,3,7 (b) Proof of ownership means all of the following information:

AB340,3,10 1. The name, address, telephone number, and signature of the person that supplied the merchandise or a representative of the person that supplied the merchandise.

AB340,3,12 2. The name and address of the person that received the merchandise from the person who supplied the merchandise.

AB340,3,14 3. A description of the product, including the quantity of the product received from the person who supplied the merchandise.

AB340,3,17 (c) A person required to have proof of ownership under this section shall make proof of ownership available for inspection by a law enforcement officer at any reasonable time.

AB340,3,19 (3) Penalty. A person who violates this section is guilty of a Class C misdemeanor.

AB340, s. 2 Section 2. 943.50 (4) (a) of the statutes is amended to read:

AB340,3,22 943.50 (4) (a) A Except as provided in sub. (4m), a Class A misdemeanor, if the value of the merchandise does not exceed $2,500 $500.

AB340, s. 3 Section 3. 943.50 (4) (bf) of the statutes is amended to read:

AB340,3,25 943.50 (4) (bf) A Class I felony, if the value of the merchandise exceeds $2,500 $500 but does not exceed $5,000.

AB340, s. 4 Section 4. 943.50 (4m) of the statutes is created to read:

AB340,4,4 943.50 (4m) Whoever violates sub. (1m) (a), (b), (c), (d), (e), or (f) with intent to sell the merchandise is guilty of a Class I felony if the value of the merchandise does not exceed $500.

AB340, s. 5 Section 5. 946.82 (4) of the statutes is amended to read:

AB340,4,20 946.82 (4) "Racketeering activity" means any activity specified in 18 USC 1961 (1) in effect as of April 27, 1982, or the attempt, conspiracy to commit, or commission of any of the felonies specified in: chs. 945 and 961 and ss. 49.49, 134.05, 139.44 (1), 180.0129, 181.0129, 185.825, 201.09 (2), 215.12, 221.0625, 221.0636, 221.0637, 221.1004, 551.41, 551.42, 551.43, 551.44, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19 (4) to (6), 940.20, 940.201, 940.203, 940.21, 940.30, 940.305, 940.31, 941.20 (2) and (3), 941.26, 941.28, 941.298, 941.31, 941.32, 942.09, 943.01 (2), (2d), or (2g), 943.011, 943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3) (bf) to (e), 943.201, 943.203, 943.23 (1g), (2) and (3), 943.24 (2), 943.27, 943.28, 943.30, 943.32, 943.34 (1) (bf), (bm), and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4) (bf), (bm), and (c) and (4m), 943.60, 943.70, 943.76, 943.81, 943.82, 943.83, 943.84, 943.85, 943.86, 943.87, 943.88, 943.89, 943.90, 944.21 (5) (c) and (e), 944.32, 944.33 (2), 944.34, 945.03 (1m), 945.04 (1m), 945.05 (1), 945.08, 946.10, 946.11, 946.12, 946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72, 946.76, 946.79, 947.015, 948.05, 948.08, 948.12, and 948.30.

AB340, s. 6 Section 6. 946.88 (3) of the statutes is renumbered 946.88 (3) (a).

AB340, s. 7 Section 7. 946.88 (3) (b) of the statutes is created to read:

AB340,5,2 946.88 (3) (b) Notwithstanding par. (a), a district attorney may institute criminal proceedings under ss. 946.80 to 946.88 without the prior written approval of the attorney general if at least one of the incidents constituting a pattern of racketeering activity is an attempt, conspiracy to commit, or commission of a felony under s. 943.50 that occurred in a county served by the district attorney.

AB340,5,3 (End)