Wisconsin 2025 Regular Session Status: Introduced 5 R cosponsors

SB 92 — Relating to: theft crimes and providing a penalty. (FE)

Last action — Failed to pass pursuant to Senate Joint Resolution 1

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

This bill has been introduced in the Senate. Introduced March 07, 2025. It must pass committee before a floor vote.

Next likely step: a committee referral and hearing.

Prognosis

Advancing 38% · moderate confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • Introduced

    Current position in the legislative process.

  • 25 sponsors

    1 primary, 24 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (5 R).

  • Cleared a recorded vote

    Passed 2 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 · 41 removed

Plain-language change summary

The recent amendments to Senate Bill 92 aim to increase penalties for repeat offenders of property and retail theft. Previously, the bill allowed multiple thefts within a six-month period to be aggregated for prosecution, but the amendment introduces stricter penalties for individuals with prior convictions. Now, someone previously convicted could face a higher classification of crime for new offenses, enhancing the legal consequences for repeat offenders. This change is significant as it seeks to deter habitual theft and strengthen accountability among repeat offenders.

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Previous
Latest
- 2026 LEGISLATURE LRBa0473/1 CMH:cdc SENATE AMENDMENT 2, TO SENATE BILL 92 October 3, 2025 - Offered by SenaACQUE .
- 2026 LEGISLATURE LRB-2282/1 CMH:emw SENATE BILL 92 March 7, 2025 - Introduced by SenatorACQUE , HUTTON, NASS, TOMCZYK and CABRAL -GUEVARA, cosponsored by Representatives PENTERMAN , A LLEN, BEHNKE , DONOVAN , F RANKLIN, G OEBEN , GUNDRUM , G USTAFSON, B.
At the locations indicated, amend the bill as follows:
JACOBSON , KNODL , M AXEY, MELOTIK, M URPHY, P IWOWARCZYK , TUSLER, W ICHGERS, WITTKE, RUG , MURSAU and BROOKS .
1.
Referred to Committee on Judiciary and Public Safety.
Page 2, line 1:
A N A CT to create 943.20 (5), 943.50 (6), 971.19 (2m) and 971.36 (5) of the statutes;
before that line insert:
relating to:
XSECTION 1L.
theft crimes and providing a penalty.
943.20 (3g) of the statutes is created to read:
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) NCREASED PENALTY FOR REPEATED VIOLATIONS.
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.
A person who is charged with a misdemeanor under sub.
Similarly, the penalty for the crime of retail theft varies by the value of the merchandise or service that is taken.
(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.
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) to (cm) or s.
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.
943.50 (4) (a) to (c).
The penalty for the crime would be determined by the aggregated value of the items taken.
A person who is charged with a felony under sub.
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.
(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.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
(3) if the person has one or more prior convictions for a violation under sub.
- 2026 Legislature - 2 - LRB-2282/1 CMH:emw SENATE BILL 92 SECTION 1 The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
(3) (a) to (cm) or s.
S ECTION 1.
943.50 (4) (a) to (c).Y.
943.20 (5) of the statutes is created to read:
- 2026 Legislature - 2 - LRBa0473/1 CMH:cdc 2.
943.20 (5) AGGREGATION OF VALUES .
Page 2, line 4:
For purposes of charging and penalty determinations under sub.
on lines 4 and 7, delete XcommittedY and substitute Xcommitted in the same prosecutorial unitY.
(3) (a) to (cm), the value of property from multiple violations committed by the same person in a 6-month period may be aggregated.
3.
S ECTION 2.
Page 2, line 4:
943.50 (6) of the statutes is created to read:
on lines 4 and 8, after XperiodY insert Xduring a course of conduct, as defined in s.
943.50 (6) For purposes of charging and penalty determinations under sub.
947.013 (1) (a),Y.
(4) (a) to (c), the value of property from multiple violations committed by the same person in a 6-month period may be aggregated.
4.
S ECTION 3.
Page 2, line 4:
971.19 (2m) of the statutes is created to read:
after that line insert:
971.19 (2m) If 2 or more violations of s.
XSECTION 1v.
943.20 or 943.50 are prosecuted as a single crime as provided in s.
943.50 (4g) of the statutes is created to read:
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.
943.50 (4g) A person who is charged with a misdemeanor under sub.
S ECTION 4.
(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.
971.36 (5) of the statutes is created to read:
(4) (a) to (c) or s.
971.36 (5) In any case involving aggregated acts under s.
943.20 (3) (a) to (cm).
943.20 (5) or 943.50 (6), notwithstanding sub.
A person who is charged with a felony under sub.
(3), the acts may be prosecuted as a single crime.
(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.
(4) if the person has one or more prior convictions for a violation under sub.
(4) (a) to (c) or s.
943.20 (3) (a) to (cm).Y.
5.
Page 2, line 9:
Show all 48 changed rows (8 more)
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delete lines 9 to 13.
6.
Page 2, line 16:
after that line insert:
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. Failed to pass pursuant to Senate Joint Resolution 1

  2. Senate Amendment 4 offered by Senator Jacque

  3. Senate Amendment 3 offered by Senator Jacque

  4. Available for scheduling

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

  6. Report adoption of Senate Amendment 2 recommended by Committee on Judiciary and Public Safety, Ayes 5, Noes 3

  7. Executive action taken

  8. Senate Amendment 2 offered by Senator Jacque

  9. Fiscal estimate received

  10. Fiscal estimate received

  11. Public hearing held

  12. Senate Amendment 1 offered by Senator Jacque

  13. Read first time and referred to Committee on Judiciary and Public Safety

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

Sponsors

  • Penterman · Cosponsor
  • Allen · Cosponsor
  • Behnke · Cosponsor
  • Donovan · Cosponsor
  • Franklin · Cosponsor
  • Goeben · Cosponsor
  • Gundrum · Cosponsor
  • Gustafson · Cosponsor
  • B. Jacobson · Cosponsor
  • Knodl · Cosponsor
  • Maxey · Cosponsor
  • Melotik · Cosponsor
  • Murphy · Cosponsor
  • Piwowarczyk · Cosponsor
  • Tusler · Cosponsor
  • Wichgers · Cosponsor
  • Wittke · Cosponsor
  • Krug · Cosponsor
  • Mursau · Cosponsor
  • Brooks · Cosponsor
  • André Jacque · Primary
  • Rob Hutton · Cosponsor
  • Steve Nass · Cosponsor
  • Cory Tomczyk · Cosponsor
  • Rachael Cabral-Guevara · Cosponsor

Sponsorship breakdown

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1 sponsors · 24 co-sponsors · 107 not signed on

Sponsors (1)

Co-sponsors (24)

Not signed on (107)

107 members have not signed on to this bill.

Show all 107 →

"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.

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Votes

Subjects

public-safety
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Frequently asked questions

What does SB 92 do?
An Act to create 943.20 (5), 943.50 (6), 971.19 (2m) and 971.36 (5) of the statutes;
Who sponsors SB 92?
SB 92 is sponsored by Penterman, Allen, Behnke, Donovan, Franklin, Goeben, Gundrum, Gustafson, B. Jacobson, Knodl, Maxey, Melotik, Murphy, Piwowarczyk, Tusler, Wichgers, Wittke, Krug, Mursau, Brooks, Jacque, André (Republican), Hutton, Rob (Republican), Nass, Steve (Republican), Tomczyk, Cory (Republican), and Cabral-Guevara, Rachael (Republican).
What is the current status of SB 92?
This bill has been introduced in the Senate. Introduced March 07, 2025. It must pass committee before a floor vote.
Where can I track SB 92?
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