Wisconsin 2025 Regular Session Status: To Executive 20 R cosponsors

AB 89 — Relating to: theft crimes and providing a penalty. (FE)

Last action — Published 3-21-2026

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill has been sent to the executive. Introduced February 28, 2025. It awaits signature.

Next likely step: the executive signs it into law or issues a veto.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • To Executive

    Current position in the legislative process.

  • 24 sponsors

    1 primary, 23 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (20 R).

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

An Act to create 943.20 (5), 943.50 (6), 971.19 (2m) and 971.36 (5) of the statutes;

Bill Text

What changed in the latest version

52 added · 38 removed

Plain-language change summary

The amendment to Assembly Bill 89 introduces tougher penalties for repeat offenders of theft crimes. Specifically, it allows individuals with prior theft convictions to be charged with a more severe classification of felony, depending on the nature of their previous offenses. This change aims to deter repeat theft offenses and enhance accountability among individuals with a history of property crimes. Overall, these adjustments are intended to strengthen the legal response to theft crimes by taking prior convictions into account when determining penalties.

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Previous
Latest
- 2026 LEGISLATURE LRBa0063/1 CMH:cjs&cdc ASSEMBLY AMENDMENT 1, TO ASSEMBLY BILL 89 March 10, 2025 - Offered by RepresentatENTERMAN .
- 2026 LEGISLATURE LRB-0026/1 CMH:emw ASSEMBLY BILL 89 February 28, 2025 - Introduced by RepresentatiENTERMAN , LLEN , EHNKE , D ONOVAN , RANKLIN, GOEBEN , UNDRUM , GUSTAFSON , B.ACOBSON , NODL , M AXEY, M ELOTIK, MURPHY , PIWOWARCZYK , TUSLER, W ICHGERS, W ITTKE, K RUG, MURSAU and K AUFERT, cosponsored by Senators ACQUE, HUTTON , N ASSand T OMCZYK.
At the locations indicated, amend the bill as follows:
Referred to Committee on Criminal Justice and Public Safety.
1.
A N A CT to create 943.20 (5), 943.50 (6), 971.19 (2m) and 971.36 (5) of the statutes;
Page 2, line 1:
relating to:
before that line insert:
theft crimes and providing a penalty.
XSECTION 1L.
Analysis by the Legislative Reference Bureau Under current law, the penalty for the crime of property theft varies by the value of the property taken.
943.20 (3g) of the statutes is created to read:
The penalty ranges from a Class A misdemeanor if the value of the property is not more than $2,500 to a Class F felony if the value of the property exceeds $100,000.
943.20 (3g) NCREASED PENALTY FOR REPEATED VIOLATIONS.
Similarly, the penalty for the crime of retail theft varies by the value of the merchandise or service that is taken.
A person who is charged with a misdemeanor under sub.
The penalty ranges from a Class A misdemeanor if the value is not more than $500 to a Class G felony if the value exceeds $10,000.
(3) (a) may be charged with and convicted of a Class I felony if the person has one or more prior convictions for a violation under sub.
This bill specifies that, if, in a six-month period, a defendant commits more than one violation of property theft or more than one violation of retail theft, the value of items taken at each violation may be aggregated and the crimes may be prosecuted as one property theft crime or one retail theft crime.
(3) (a) to (cm) or s.
The penalty for the crime would be determined by the aggregated value of the items taken.
943.50 (4) (a) to (c).
Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.
A person who is charged with a felony under sub.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
(3) (bf) to (cm) may be charged with and convicted of a felony that is one classification higher than the felony classification provided in sub.
- 2026 Legislature - 2 - LRB-0026/1 CMH:emw ASSEMBLY BILL 89 SECTION 1 The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
(3) if the person has one or more prior convictions for a violation under sub.
S ECTION 1.
(3) (a) to (cm) or s.
943.20 (5) of the statutes is created to read:
943.50 (4) (a) to (c).Y.
943.20 (5) AGGREGATION OF VALUES .
- 2026 Legislature - 2 - LRBa0063/1 CMH:cjs&cdc 2.
For purposes of charging and penalty determinations under sub.
Page 2, line 4:
(3) (a) to (cm), the value of property from multiple violations committed by the same person in a 6-month period may be aggregated.
on lines 4 and 7, delete XcommittedY and substitute Xcommitted in the same prosecutorial unitY.
S ECTION 2.
3.
943.50 (6) of the statutes is created to read:
Page 2, line 4:
943.50 (6) For purposes of charging and penalty determinations under sub.
after that line insert:
(4) (a) to (c), the value of property from multiple violations committed by the same person in a 6-month period may be aggregated.
XSECTION 1v.
S ECTION 3.
943.50 (4g) of the statutes is created to read:
971.19 (2m) of the statutes is created to read:
943.50 (4g) A person who is charged with a misdemeanor under sub.
971.19 (2m) If 2 or more violations of s.
(4) (a) may be charged with and convicted of a Class I felony if the person has one or more prior convictions for a violation under sub.
943.20 or 943.50 are prosecuted as a single crime as provided in s.
(4) (a) to (c) or s.
971.36 (5), the trial may be in any county in which any of the violations occurred and the prosecutor shall have exclusive jurisdiction over the violations.
943.20 (3) (a) to (cm).
S ECTION 4.
A person who is charged with a felony under sub.
971.36 (5) of the statutes is created to read:
(4) (bf) to (c) may be charged with and convicted of a felony that is one classification higher than the felony classification provided in sub.
971.36 (5) In any case involving aggregated acts under s.
(4) if the person has one or more prior convictions for a violation under sub.
943.20 (5) or 943.50 (6), notwithstanding sub.
(4) (a) to (c) or s.
(3), the acts may be prosecuted as a single crime.
943.20 (3) (a) to (cm).Y.
4.
Page 2, line 9:
delete lines 9 to 13.
5.
Page 2, line 16:
after that line insert:
Show all 44 changed rows (4 more)
Previous
Latest
XSECTION 5m.
Initial applicability.
(1g) This act first applies to violations committed on the effective date of this subsection, but does not preclude the counting of other convictions of s.
943.20 (3) (a) to (cm) or 943.50 (4) (a) to (c) as prior convictions for purposes of sentencing a person.Y.
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Action History

  1. Published 3-21-2026

  2. Report approved by the Governor on 3-20-2026. 2025 Wisconsin Act 106

  3. Presented to the Governor on 3-18-2026

  4. Report correctly enrolled on 1-14-2026

  5. LRB correction (Assembly Amendment 1)

  6. Action ordered immediately messaged

  7. Senate Amendment 2 concurred in

  8. Senate Amendment 1 concurred in

  9. Received from Senate amended and concurred in as amended (Senate amendments 1 and 2 adopted)

  10. Ordered immediately messaged

  11. Read a third time and concurred in as amended, Ayes 27, Noes 6

  12. Ordered to a third reading

  13. Rules suspended to give bill its third reading

  14. Senate Amendment 2 adopted

  15. Senate Amendment 1 adopted

  16. Read a second time

  17. Senate Amendment 2 offered by Senator Jacque

  18. Placed on calendar 11-18-2025 pursuant to Senate Rule 18(1)

  19. Public hearing requirement waived by committee on Senate Organization, pursuant to Senate Rule 18 (1m), Ayes 3, Noes 2

  20. Available for scheduling

  21. Report concurrence as amended recommended by Committee on Judiciary and Public Safety, Ayes 5, Noes 3

  22. Report adoption of Senate Amendment 1 recommended by Committee on Judiciary and Public Safety, Ayes 5, Noes 3

  23. Executive action taken

  24. Senate Amendment 1 offered by Senator Jacque

  25. Fiscal estimate received

  26. Read first time and referred to committee on Judiciary and Public Safety

  27. Received from Assembly

  28. Ordered immediately messaged

  29. Read a third time and passed, Ayes 71, Noes 26

  30. Rules suspended

  31. Ordered to a third reading

  32. Assembly Amendment 1 adopted

  33. Read a second time

  34. Fiscal estimate received

  35. Fiscal estimate received

  36. Senator Cabral-Guevara added as a cosponsor

  37. Referred to calendar of 3-13-2025 pursuant to Assembly Rule 45 (1)

  38. Report passage as amended recommended by Committee on Criminal Justice and Public Safety, Ayes 14, Noes 1

  39. Report Assembly Amendment 1 adoption recommended by Committee on Criminal Justice and Public Safety, Ayes 13, Noes 2

  40. Executive action taken

  41. Assembly Amendment 1 offered by Representative Penterman

  42. Public hearing held

  43. Read first time and referred to Committee on Criminal Justice and Public Safety

  44. Introduced by Representatives Penterman, Allen, Behnke, Donovan, Franklin, Goeben, Gundrum, Gustafson, B. Jacobson, Knodl, Maxey, Melotik, Murphy, Piwowarczyk, Tusler, Wichgers, Wittke, Krug, Mursau and Kaufert; cosponsored by Senators Jacque, Hutton, Nass and Tomczyk

Sponsors

Sponsorship breakdown

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1 sponsors · 23 co-sponsors · 108 not signed on · 30 voted No

Sponsors (1)

Co-sponsors (23)

Not signed on (108)

108 members have not signed on to this bill.

Show all 108 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Read a third time and concurred in as amended

Passed 27 Yea · 6 Nay
Party YeaNayPresentNot Voting
Republican 18000
Democrat 7500
Unaffiliated 2100
Total 27600
% of votes cast 82%18%0%0%
How each member voted (33)
Member Party Vote
DASSLER-ALFHEI — Yea
HABUSH SINYKIN — Yea
JOHNSON — Nay
Carpenter, Tim Democrat Yea
Drake, Dora Democrat Nay
Hesselbein, Dianne Democrat Yea
Keyeski, Sarah Democrat Yea
Larson, Chris Democrat Nay
Pfaff, Brad Democrat Yea
Ratcliff, Melissa Democrat Nay
Roys, Kelda Democrat Nay
Smith, Jeff Democrat Yea
Spreitzer, Mark Democrat Nay
Wall, Jamie Democrat Yea
Wirch, Robert Democrat Yea
Bradley, Julian Republican Yea
Cabral-Guevara, Rachael Republican Yea
Felzkowski, Mary Republican Yea
Feyen, Dan Republican Yea
Hutton, Rob Republican Yea
Jacque, André Republican Yea
Jagler, John Republican Yea
James, Jesse Republican Yea
Kapenga, Chris Republican Yea
LeMahieu, Devin Republican Yea
Marklein, Howard Republican Yea
Nass, Steve Republican Yea
Quinn, Romaine Republican Yea
Stafsholt, Rob Republican Yea
Testin, Patrick Republican Yea
Tomczyk, Cory Republican Yea
Wanggaard, Van Republican Yea
Wimberger, Eric Republican Yea

Official roll call →

Read a third time and passed

Passed 71 Yea · 26 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 52001
Democrat 172501
Unaffiliated 2100
Total 712602
% of votes cast 72%26%0%2%
How each member voted (99)
Member Party Vote
JOHNSON — Yea
MOORE OMOKUNDE — Nay
SPEAKER — Yea
Anderson, Clinton Democrat Yea
Andraca, Deb Democrat Yea
Arney, Margaret Democrat Nay
Bare, Mike Democrat Nay
Billings, Jill Democrat Yea
Brown, Brienne Democrat Nay
Clancy, Ryan Democrat Nay
Cruz, Angelina Democrat Nay
DeSanto, Karen Democrat Nay
DeSmidt, Ben Democrat Yea
Doyle, Steve Democrat Yea
Emerson, Jodi Democrat Yea
Fitzgerald, Joan Democrat Nay
Goodwin, Russell Democrat Nay
Haywood, Kalan Democrat Nay
Hong, Francesca Democrat Nay
Hysell, Andrew Democrat Yea
Jacobson, Jenna Democrat Nay
Joers, Alex Democrat Nay
Kirsch, Karen Democrat Yea
Madison, Darrin Democrat Nay
Mayadev, Renuka Democrat Nay
McCarville, Maureen Democrat Yea
McGuire, Tip Democrat Yea
Miresse, Vincent Democrat Nay
Neubauer, Greta Democrat Nay
Ortiz-Velez, Sylvia Democrat Not Voting
Palmeri, Lori Democrat Yea
Phelps, Christian Democrat Nay
Prado, Priscilla Democrat Nay
Rivera-Wagner, Amaad Democrat Yea
Roe, Ann Democrat Nay
Sheehan, Joe Democrat Yea
Sinicki, Christine Democrat Yea
Snodgrass, Lee Democrat Nay
Spaude, Ryan Democrat Yea
Stroud, Angela Democrat Nay
Stubbs, Shelia Democrat Nay
Subeck, Lisa Democrat Yea
Taylor, Sequanna Democrat Nay
Tenorio, Angelito Democrat Nay
Udell, Randy Democrat Yea
Vining, Robyn Democrat Nay
Allen, Scott Republican Yea
Armstrong, David Republican Yea
August, Tyler Republican Yea
Behnke, Elijah Republican Yea
Born, Mark Republican Yea
Brill, Lindee Republican Yea
Brooks, Robert Republican Yea
Callahan, Calvin Republican Yea
Dallman, Alex Republican Yea
Dittrich, Barbara Republican Yea
Donovan, Bob Republican Yea
Duchow, Cindi Republican Yea
Franklin, Benjamin Republican Yea
Goeben, Joy Republican Yea
Green, Chanz Republican Yea
Gundrum, Rick Republican Yea
Gustafson, Nate Republican Yea
Hurd, Karen Republican Yea
Jacobson, Brent Republican Yea
Kaufert, Dean Republican Yea
Kitchens, Joel Republican Yea
Knodl, Daniel Republican Yea
Kreibich, Rob Republican Yea
Krug, Scott Republican Yea
Kurtz, Tony Republican Yea
Maxey, Dave Republican Yea
Melotik, Paul Republican Yea
Moses, Clint Republican Yea
Murphy, David Republican Yea
Mursau, Jeffrey Republican Yea
Nedweski, Amanda Republican Yea
Neylon, Adam Republican Yea
Novak, Todd Republican Yea
O'Connor, Jerry Republican Yea
Penterman, William Republican Not Voting
Petersen, Kevin Republican Yea
Piwowarczyk, Jim Republican Yea
Pronschinske, Treig Republican Yea
Rodriguez, Jessie Republican Yea
Snyder, Patrick Republican Yea
Sortwell, Shae Republican Yea
Spiros, John Republican Yea
Steffen, David Republican Yea
Summerfield, Rob Republican Yea
Swearingen, Rob Republican Yea
Tittl, Paul Republican Yea
Tranel, Travis Republican Yea
Tucker, Duke Republican Yea
Tusler, Ron Republican Yea
VanderMeer, Nancy Republican Yea
Wichgers, Chuck Republican Yea
Wittke, Robert Republican Yea
Zimmerman, Shannon Republican Yea

Official roll call →

Subjects

public-safety
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 89 do?
An Act to create 943.20 (5), 943.50 (6), 971.19 (2m) and 971.36 (5) of the statutes;
Who sponsors AB 89?
AB 89 is sponsored by Jacque, Hutton, Nass, Tomczyk, Penterman, William (Republican), Allen, Scott (Republican), Behnke, Elijah (Republican), Donovan, Bob (Republican), Franklin, Benjamin (Republican), Goeben, Joy (Republican), Gundrum, Rick (Republican), Gustafson, Nate (Republican), Jacobson, Brent (Republican), Knodl, Daniel (Republican), Maxey, Dave (Republican), Melotik, Paul (Republican), Murphy, David (Republican), Piwowarczyk, Jim (Republican), Tusler, Ron (Republican), Wichgers, Chuck (Republican), Wittke, Robert (Republican), Krug, Scott (Republican), Mursau, Jeffrey (Republican), and Kaufert, Dean (Republican).
What is the current status of AB 89?
This bill has been sent to the executive. Introduced February 28, 2025. It awaits signature.
Where can I track AB 89?
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