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Bills from the 2009–10 session

Assembly Bill 241

Retail theft, proof of ownership for flea market sales, and providing penalties

Topics: Crime and criminals, Crime and criminals: Felony, Data processing: Criminal acts and law enforcement, Sales

Passed the Assembly, then stopped

The Assembly passed it on Nov 3, 2009, but the Senate never voted on it. A bill has to ⁠. To try again, a lawmaker would have to start a new bill.

  1. Introduced, passed

    Apr 30, 2009

  2. Committee, passed

    Approved

  3. Assembly vote, passed

    Passed Nov 3, 2009

  4. Senate vote, stopped here

    Stopped here. The Senate never voted on it.

  5. Governor, not reached

  6. Law, not reached

Latest entry in the official record, Apr 28, 2010: “Failed to concur in pursuant to ⁠”

Read the bill

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What it would have done

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

Under current law, the penalty for retail theft is based on the value of the merchandise taken. Retail theft is a Class A misdemeanor if the value of the merchandise does not exceed $2,500, a Class I felony if the value of the merchandise exceeds $2,500 but does not exceed $5,000, a Class H felony if the value of the merchandise exceeds $5,000 but does not exceed $10,000, and a Class G felony if the value of the merchandise exceeds $10,000.

Also under current law a person may be convicted of engaging in organized crime, a Class E felony, if the person participates as part of an enterprise in the commission of at least three incidents of racketeering activity that have the same or similar intents, results, accomplices, victims, or methods of commission or otherwise are interrelated by distinguishing characteristics. "Racketeering activity" is the attempt, conspiracy to commit, or commission of various felonies including felony retail theft.

Read the full summary

This bill makes retail theft of merchandise a Class I felony, and racketeering activity, if the value of the merchandise exceeds $1,500 but does not exceed $5,000.

The bill also makes retail theft of merchandise that is valued at less than $1,500 a Class I felony, and racketeering activity, if the actor commits the theft with intent to sell the merchandise by means of the Internet. The bill further provides that evidence that a person sold merchandise that is similar to stolen merchandise, by means of the Internet and within 90 days preceding the theft, is evidence of the person's intent to sell the stolen merchandise by means of the Internet.

The bill also requires a person selling certain merchandise at a flea market or similar facility to have proof that the person owns the merchandise and to make the proof available to a law enforcement officer for inspection. The merchandise covered by the bill's requirements includes baby food, cosmetics, drugs, infant formula, and batteries. Under the bill, "proof of ownership" means all of the following: 1) the name, address, and telephone number of the supplier of the merchandise; 2) the name and address of the person that received the merchandise; and 3) a description of the merchandise. Violators are subject to a fine up to $500, up to 30 days' imprisonment, or both.

Who's behind it

17 representatives are its ⁠. 9 are Republicans and 8 are Democrats.

9 more lawmakers ⁠.

See all 26 names

Authors (17)

Signed on in support (9)

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

How lawmakers voted

There were 3 votes on this bill.

Assembly Committee on Criminal Justice vote to recommend it

Passed, 9 to 1 · Oct 9, 2009

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report passage recommended by committee on Criminal Justice, Ayes 9, Noes 1”. Official record · This vote on its own page

Assembly vote on an amendment

Passed, 79 to 13 · Nov 3, 2009

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Assembly amendment 1 laid on table, Ayes 79, Noes 13”. Official record · This vote on its own page

Senate Committee on Judiciary vote to recommend it

Passed, 5 to 0 · Mar 4, 2010

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report concurrence recommended by committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing, Ayes 5, Noes 0”. Official record · This vote on its own page

What happened

  1. Apr 28, 2010

    The session ended, and the bill died with it.

  2. Mar 4, 2010

    The committee voted to recommend passing it, 5 to 0.

  3. Feb 19, 2010

    “Report of joint review committee on Criminal Penalties received” (the official wording)

  4. Feb 5, 2010

    “Report of joint review committee on Criminal Penalties requested pursuant to s. 13.525 (5) Wisconsin Statutes” (the official wording)

  5. Feb 4, 2010

    The committee held a public hearing.

  6. Nov 9, 2009

    Sent to the Senate Committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing.

  7. Nov 6, 2009

    The Senate received it.

  8. Nov 5, 2009

    1 more representative signed on in support.

  9. Nov 5, 2009

    The Assembly passed it.

  10. Nov 3, 2009

    The Assembly adopted it.

  11. Oct 9, 2009

    Sent to the Assembly Committee on Rules.

  12. Oct 9, 2009

    The committee voted to recommend passing it, 9 to 1.

  13. May 28, 2009

    The committee held a public hearing.

  14. Apr 30, 2009

    Sent to the Assembly Committee on Criminal Justice.

  15. Apr 30, 2009

    Introduced in the Assembly.

See the official record, word for word
  1. Apr 30, 2009 · Assembly

    Introduced by Representatives Danou, Turner, Jorgensen, Pasch, Kestell, Van Roy, Brooks, Lothian, Kerkman, Staskunas, A. Ott, Steinbrink, Zepnick, Kleefisch, Kaufert, Bies and Hebl;Cosponsored by Senators Taylor, Sullivan, Kreitlow, Holperin, Lassa, Wirch, Harsdorf and Darling

  2. Apr 30, 2009 · Assembly

    Read first time and referred to committee on Criminal Justice

  3. May 28, 2009 · Assembly

    Public hearing held

  4. Oct 1, 2009 · Assembly

    Executive action taken

  5. Oct 9, 2009 · Assembly

    Report passage recommended by committee on Criminal Justice, Ayes 9, Noes 1

  6. Oct 9, 2009 · Assembly

    Referred to committee on Rules

  7. Oct 29, 2009 · Assembly

    Placed on calendar 11-3-2009 by committee on Rules

  8. Nov 3, 2009 · Assembly

    Read a second time

  9. Nov 3, 2009 · Assembly

    Assembly amendment 1 offered by Representative Young

  10. Nov 3, 2009 · Assembly

    Assembly amendment 1 laid on table, Ayes 79, Noes 13

  11. Nov 3, 2009 · Assembly

    Assembly amendment 2 offered by Representatives Danou and Molepske Jr.

  12. Nov 3, 2009 · Assembly

    Assembly amendment 2 adopted

  13. Nov 3, 2009 · Assembly

    Ordered to a third reading

  14. Nov 5, 2009 · Assembly

    Read a third time and passed

  15. Nov 5, 2009 · Assembly

    Representative Spanbauer added as a coauthor

  16. Nov 5, 2009 · Assembly

    Ordered immediately messaged

  17. Nov 6, 2009 · Senate

    Received from Assembly

  18. Nov 9, 2009 · Senate

    Read first time and referred to committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing

  19. Feb 4, 2010 · Senate

    Public hearing held

  20. Feb 5, 2010 · Senate

    Report of joint review committee on Criminal Penalties requested pursuant to s. 13.525 (5) Wisconsin Statutes

  21. Feb 19, 2010 · Senate

    Report of joint review committee on Criminal Penalties received

  22. Mar 3, 2010 · Senate

    Executive action taken

  23. Mar 4, 2010 · Senate

    Report concurrence recommended by committee on Judiciary, Corrections, Insurance, Campaign Finance Reform, and Housing, Ayes 5, Noes 0

  24. Mar 4, 2010 · Senate

    Available for scheduling

  25. Apr 28, 2010 · Senate

    Failed to concur in pursuant to Senate Joint Resolution 1

Terms on this page

Second chamber's vote

A bill has to pass both the Assembly and the Senate in the same form before it goes to the governor.

Official term: Concurrence. More in the glossary

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1. More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Second chamber's vote

A bill has to pass both the Assembly and the Senate in the same form before it goes to the governor.

Official term: Concurrence

More in the glossary

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1

More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor

More in the glossary

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote

More in the glossary