CMH:amn
2017 - 2018 LEGISLATURE
February 21, 2017 - Introduced by Senators Vukmir,
Wanggaard, Darling, Craig,
Feyen, Kapenga, Nass and Stroebel, cosponsored by Representatives
Sanfelippo, Kleefisch, Jagler, Murphy, Duchow, Gannon, Knodl, Ott,
Kremer, Spiros, Skowronski, Tittl and E. Brooks. Referred to Committee on
Judiciary and Public Safety.
SB58,1,3
1An Act to renumber and amend 943.23 (2) and 943.23 (3); and
to create 943.23
2(1r), 943.23 (2) (b) and 943.23 (3) (b) of the statutes;
relating to: carjacking
3offenses and providing criminal penalties.
Analysis by the Legislative Reference Bureau
This bill creates the crime of intentionally taking by the use of force, or by the
threat of the use of force, a vehicle without the consent of the owner. The penalty
classification for this crime is a Class E felony.
This bill also increases to a Class F felony the penalty classification for a repeat
offense of taking and driving a vehicle without the consent of the owner. Under
current law, a repeat offense has the same penalty classification as the first offense,
a Class H felony. The bill also increases to a Class G felony the penalty classification
for a repeat offense of driving or operating a vehicle without the consent of the owner.
Under current law a repeat offense has the same penalty classification as a first
offense, a Class I felony.
SB58,2,6
This table lists the penalty classifications for the felonies:
-
See PDF for table 
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB58,1
7Section
1. 943.23 (1r) of the statutes is created to read:
SB58,2,108
943.23
(1r) Whoever, by the use of force against another or by the threat of the
9use of force against another, intentionally takes any vehicle without the consent of
10the owner is guilty of a Class E felony.
SB58,2
11Section
2. 943.23 (2) of the statutes is renumbered 943.23 (2) (intro.) and
12amended to read:
SB58,2,1413
943.23
(2) (intro.) Except as provided in sub. (3m), whoever intentionally takes
14and drives any vehicle without the consent of the owner is guilty of
a the following:
SB58,2,15
15(a) Except as provided in par. (b), a Class H felony.
SB58,3
16Section
3. 943.23 (2) (b) of the statutes is created to read:
SB58,2,1717
943.23
(2) (b) For a 2nd or subsequent offense, a Class F felony.
SB58,4
18Section
4. 943.23 (3) of the statutes is renumbered 943.23 (3) (intro.) and
19amended to read:
SB58,2,2120
943.23
(3) (intro.) Except as provided in sub. (3m), whoever intentionally drives
21or operates any vehicle without the consent of the owner is guilty of
a the following:
SB58,2,22
22(a) Except as provided in par. (b), a Class I felony.
SB58,5
23Section
5. 943.23 (3) (b) of the statutes is created to read:
SB58,2,2424
943.23
(3) (b) For a 2nd or subsequent offense, a Class G felony.
SB58,6
25Section
6.
Initial applicability.
SB58,3,3
1(1) This act first applies to offenses committed on the effective date of this
2subsection but does not preclude the counting of other offenses as prior offenses
3under section 943.23 (2) (b) and (3) (b) of the statutes.
