SB283: Bill Text

SB283,4,7 895.446 (3) (a) Actual damages, including the retail or replacement value of damaged, used, or lost property, whichever is greater, for a violation of s. 943.01, 943.011, 943.012, 943.017, 943.20, 943.201, 943.202, 943.203, 943.21, 943.24, 943.26, 943.34, 943.395, 943.41, 943.50, 943.61, 943.74, or 943.76.

SB283, s. 7 Section 7. 939.03 (1) (e) of the statutes is amended to read:

SB283,4,12 939.03 (1) (e) The person violates s. 943.201, 943.202, or 943.203 and the victim, at the time of the violation, is an individual who resides in this state, a deceased individual who resided in this state immediately before his or her death, or an entity, as defined in s. 943.203 (1) (a), that is located in this state.

SB283, s. 8 Section 8. 943.202 of the statutes is created to read:

SB283,4,15 943.202 Unauthorized possession of personal identifying information or documents. (1) In this section:

SB283,4,17 (a) "Correctional employee" means a person who has direct contact with a prisoner in the course of his or her employment duties.

SB283,4,18 (b) "Personal identification document" means any of the following:

SB283,4,19 1. A document containing personal identifying information.

SB283,4,22 2. A correctional employee's card or plate, if it can be used, alone or in conjunction with another access device, to obtain money, goods, services, or any other thing of value or benefit, or if it can be used to initiate a transfer of funds.

SB283,4,25 3. Any other device that is unique to, assigned to, or belongs to a correctional employee and that is intended to be used to access services, funds, or benefits of any kind to which the individual is entitled.

SB283,5,1 (c) "Personal identifying information" means any of the following information:

SB283,5,2 1. A correctional employee's address.

SB283,5,3 2. A correctional employee's telephone number.

SB283,5,5 3. The unique identifying driver number assigned to a correctional employee by the department of transportation under s. 343.17 (3) (a) 4.

SB283,5,6 4. A correctional employee's social security number.

SB283,5,8 5. An identification number assigned to a correctional employee by his or her employer.

SB283,5,9 6. The maiden name of a correctional employee's mother.

SB283,5,11 7. The identifying number of a depository account, as defined in s. 815.18 (2) (e), of a correctional employee.

SB283,5,12 8. A correctional employee's taxpayer identification number.

SB283,5,14 9. A correctional employee's deoxyribonucleic acid profile, as defined in s. 939.74 (2d) (a).

SB283,5,17 10. Any of the following, if it can be used, alone or in conjunction with any access device, to obtain money, goods, services, or any other thing of value or benefit, or if it can be used to initiate a transfer of funds:

SB283,5,18 a. A correctional employee's code or account number.

SB283,5,21 b. A correctional employee's electronic serial number, mobile identification number, personal identification number, or other telecommunications service, equipment, or instrument identifier.

SB283,5,22 c. Any other means of account access.

SB283,5,24 11. A correctional employee's unique biometric data, including fingerprint, voice print, retina or iris image, or any other unique physical representation.

SB283,6,3 12. Any other information or data that is unique to, assigned to, or belongs to a correctional employee and that is intended to be used to access services, funds, or benefits of any kind to which the individual is entitled.

SB283,6,5 13. Any other information that can be associated with a particular individual through one or more identifiers or other information or circumstances.

SB283,6,8 (d) "Prisoner" means any person who is incarcerated, imprisoned, or otherwise detained in a prison or correctional institution or mental health facility in the state, but does not include a person confined in a jail.

SB283,6,12 (2) Any prisoner who possesses any personal identifying information or personal identification document of a correctional employee, including a deceased correctional employee, without the authorization or consent of the correctional employee is guilty of a Class H felony.

SB283,6,16 (3) It is an affirmative defense to a prosecution under this section that the defendant was authorized by law to engage in the conduct that is the subject of the prosecution. A defendant who raises this affirmative defense has the burden of proving the defense by a preponderance of the evidence.

SB283,7,2 (4) If a correctional employee reports to a law enforcement agency for the jurisdiction which is the correctional employee's residence that personal identifying information or a personal identification document belonging to him or her reasonably appears to be in the possession of another in violation of this section, the agency shall prepare a report on the alleged violation. If the law enforcement agency concludes that it appears not to have jurisdiction to investigate the violation, it shall inform the correctional employee which law enforcement agency may have jurisdiction. A copy of a report prepared under this subsection shall be furnished upon request to the person who made the request, subject to payment of any reasonable fee for the copy.

SB283, s. 9 Section 9. 946.82 (4) of the statutes is amended to read:

SB283,7,18 946.82 (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, subch. V of ch. 551, 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, 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, 940.302 (2), 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, 943.202, 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), 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, 948.051, 948.08, 948.12, and 948.30.

SB283, s. 10 Section 10. 970.03 (11) of the statutes is amended to read:

SB283,7,23 970.03 (11) The court may admit a statement which is hearsay and which is not excluded from the hearsay rule under ss. 908.02 to 908.045 to prove ownership of property or lack of consent to entry to or possession or destruction of property or to prove any element under s. 943.201 (2), 943.202, or 943.203 (2).

SB283, s. 11 Section 11. 970.03 (13) of the statutes is amended to read:

SB283,8,4 970.03 (13) Testimony may be received into the record of a preliminary examination by telephone or live audiovisual means if the proponent shows good cause or if the testimony is used to prove an element of an offense under s. 943.201 (2), 943.202, or 943.203 (2).

SB283, s. 12 Section 12. 971.19 (11) of the statutes is amended to read:

SB283,8,10 971.19 (11) In an action under s. 943.201 or 943.202, the defendant may be tried in the county where the victim or intended victim resided at the time of the offense or in any other county designated under this section. In an action under s. 943.203, the defendant may be tried in the county where the victim or intended victim was located at the time of the offense or in any other county designated under this section.

SB283, s. 13 Section 13. 971.366 of the statutes is amended to read:

SB283,8,15 971.366 Use of another's personal identifying information: charges. In any case under s. 943.201, 943.202, or 943.203 involving more than one violation, all violations may be prosecuted as a single crime if the violations were pursuant to a single intent and design.

SB283,8,16 (End)