LRB-3233/1
RLR:bjk&kjf:rs
2007 - 2008 LEGISLATURE
February 8, 2008 - Introduced by Senators Hansen, Breske, Wirch, Schultz and
Lassa, cosponsored by Representatives
Kaufert, Nelson, Hixson, Townsend,
Albers, Turner and
Ziegelbauer. Referred to Committee on Judiciary,
Corrections, and Housing.
SB465,1,5
1An Act to renumber 146.50 (1) (ig);
to renumber and amend 146.50 (1) (ag);
2to amend 38.04 (9), 165.85 (4) (b) 1d. e. and 946.82 (4); and
to create 146.50
3(1) (ae) and 946.78 of the statutes;
relating to: manufacturing, distributing,
4or selling counterfeit or altered identification documents and providing a
5penalty.
Analysis by the Legislative Reference Bureau
Under current law, it is a Class I felony for a person, other than the Department
of Transportation, to make, alter, or duplicate a Wisconsin driver's license or
identification card for money or other consideration. Also, a person is guilty of a
Class A misdemeanor if he or she falsely makes or alters any writing of a kind
commonly relied upon for identification with intent to defraud.
This bill provides that any person who manufactures, distributes, or sells an
altered or counterfeit identification document knowing that the document is
intended to be used to satisfy document production requirements for completing the
federal "Employment Eligibility Verification" or "I-9" form, to facilitate an act of
terrorism, or to commit identity theft is guilty of a Class G felony (falsification of
identification documents). Under the bill, an identification document includes any
document that is issued by the U.S. government, a state, a political subdivision of a
state, or a foreign government and that is commonly relied upon for identification of
individuals. The bill also makes falsification of identification documents
"racketeering activity" so that a person may be convicted of a Class E felony for using
proceeds from a criminal scheme involving falsification of identification document
offenses or for obtaining income in excess of $25,000 from supervising others in
committing such offenses.
The penalties for the crimes mentioned above are as follows:
-
See PDF for table 
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 concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB465, s. 1
1Section
1. 38.04 (9) of the statutes is amended to read:
SB465,2,102
38.04
(9) Training programs for fire fighters. In order to promote safety to
3life and property, the board may establish and supervise training programs in fire
4prevention and protection. The programs shall include training in responding to acts
5of terrorism, as defined in s.
146.50 (1) (ag) 939.22 (1m), and shall be available to
6members of volunteer and paid fire departments maintained by public and private
7agencies, including industrial plants. No training program required for
8participation in structural fire fighting that is offered to members of volunteer and
9paid fire departments maintained by public agencies may require more than 60
10hours of training.
SB465, s. 2
11Section
2. 146.50 (1) (ae) of the statutes is created to read:
SB465,2,1212
146.50
(1) (ae) "Act of terrorism" has the meaning given in s. 939.22 (1m).
SB465, s. 3
1Section
3. 146.50 (1) (ag) of the statutes is renumbered 939.22 (1m) and 939.22
2(1m) (intro.), as renumbered, is amended to read:
SB465,3,53
939.22
(1m) (intro.) "Act of terrorism" means a felony under ch. 939 to 951
,
4other than a felony under s. 946.78, that is committed with intent to terrorize and
5is committed under any of the following circumstances:
SB465, s. 4
6Section
4. 146.50 (1) (ig) of the statutes is renumbered 939.22 (18g).
SB465, s. 5
7Section
5. 165.85 (4) (b) 1d. e. of the statutes is amended to read:
SB465,3,98
165.85
(4) (b) 1d. e. Training on responding to an act of terrorism, as defined
9in s.
146.50 (1) (ag) 939.22(1m).
SB465, s. 6
10Section
6. 946.78 of the statutes is created to read:
SB465,3,16
11946.78 Falsification of identification documents. (1) In this section,
12"identification document" means a document that is made or issued by or under the
13authority of the U.S. government, a state, a political subdivision of a state, a foreign
14government, a political subdivision of a foreign government, or an international
15governmental or quasi-governmental organization and that is of a kind commonly
16relied upon for the purpose of identification of individuals.
SB465,3,19
17(2) Whoever manufactures, distributes, or sells, an altered or counterfeit
18identification document knowing it is intended to be used for any of the following
19purposes is guilty of a Class G felony:
SB465,3,2120(a) To satisfy document production requirements under
8 USC 1324a (b) (1) for
21verification of an individual's employment eligibility.
SB465,3,2222
(b) To facilitate an act of terrorism.
SB465,3,2323
(c) To violate s. 943.201 or 943.41 (2).
SB465, s. 7
24Section
7. 946.82 (4) of the statutes is amended to read:
SB465,4,15
1946.82
(4) "Racketeering activity" means any activity specified in
18 USC 1961 2(1) in effect as of April 27, 1982, or the attempt, conspiracy to commit, or commission
3of any of the felonies specified in: chs. 945 and 961 and ss. 49.49, 134.05, 139.44 (1),
4180.0129, 181.0129, 185.825, 201.09 (2), 215.12, 221.0625, 221.0636, 221.0637,
5221.1004, 551.41, 551.42, 551.43, 551.44, 553.41 (3) and (4), 553.52 (2), 940.01,
6940.19 (4) to (6), 940.20, 940.201, 940.203, 940.21, 940.30, 940.305, 940.31, 941.20
7(2) and (3), 941.26, 941.28, 941.298, 941.31, 941.32, 942.09, 943.01 (2), (2d), or (2g),
8943.011, 943.012, 943.013, 943.02, 943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3)
9(bf) to (e), 943.201, 943.203, 943.23 (1g), (2) and (3), 943.24 (2), 943.27, 943.28,
10943.30, 943.32, 943.34 (1) (bf), (bm), and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and
11(c), 943.50 (4) (bf), (bm), and (c), 943.60, 943.70, 943.76, 943.81, 943.82, 943.83,
12943.84, 943.85, 943.86, 943.87, 943.88, 943.89, 943.90, 944.21 (5) (c) and (e), 944.32,
13944.33 (2), 944.34, 945.03 (1m), 945.04 (1m), 945.05 (1), 945.08, 946.10, 946.11,
14946.12, 946.13, 946.31, 946.32 (1), 946.48, 946.49, 946.61, 946.64, 946.65, 946.72,
15946.76,
946.78, 946.79, 947.015, 948.05, 948.08, 948.12, and 948.30.
