LRB-5565/1
EAW&ZDW:wlj
2019 - 2020 LEGISLATURE
2019 Assembly BILL 853
February 3, 2020 - Introduced by Representatives Hutton, Sanfelippo, Knodl,
Edming, Gundrum, James, Kuglitsch, Neylon, Ramthun, Rodriguez,
Skowronski, Tittl, Wichgers, Dittrich and Spiros, cosponsored by Senators
Kapenga, Kooyenga, Fitzgerald, Craig, Darling, Feyen, Nass, Stroebel and
Wanggaard. Referred to Committee on Criminal Justice and Public Safety.
AB853,1,8 1An Act to renumber and amend 938.34 (14m); to amend 346.17 (3) (a), 346.17
2(3) (b), 346.17 (3) (c), 346.17 (3) (d), 346.65 (1) (a), 346.65 (1) (b), 346.65 (3),
3346.65 (4m), 346.65 (5), 943.23 (1g), 943.23 (1r), 943.23 (2) (a), 943.23 (2) (b),
4943.23 (2g), 943.23 (3) (a), 943.23 (3) (b) and 943.23 (3g); and to create 938.266,
5938.34 (8m), 938.34 (14m) (b), 939.6197, 967.055 (2) (c), 967.055 (2) (d), 967.056
6and 973.0337 of the statutes; relating to: theft of a vehicle; victim impact
7panels; increased penalties for reckless driving; increased penalties for fleeing
8an officer; and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill increases the penalties for vehicle theft, reckless driving, and fleeing
an officer.
Vehicle theft
Under current law, if a person takes or operates a vehicle or commercial motor
vehicle without the consent of the owner (vehicle theft), the person is guilty of a
felony. Under current law, the class of felony for the crime of vehicle theft depends
on whether the person used force, the type of force used, whether it is a repeat
offense, and whether the vehicle was a commercial vehicle.
The bill increases the penalties for vehicle theft by one felony classification and
imposes a 30-day mandatory minimum term of incarceration for vehicle theft, for

knowingly being a passenger in a stolen vehicle, or for removing a part of a vehicle
without the consent of the owner.
Currently, subject to certain exceptions, a person under 17 years of age who is
alleged to have violated a criminal law is subject to the jurisdiction of the Juvenile
Court, which is assigned to exercise jurisdiction under the Juvenile Justice Code,
and is subject to the procedures and dispositions specified in the Juvenile Justice
Code. Under current law, a person who is under the jurisdiction of the Juvenile Court
is not subject to the sentencing requirements under the Criminal Code. Under the
bill, if a juvenile has been adjudged delinquent for vehicle theft, for knowingly being
a passenger in a stolen vehicle, or for stealing a part of a vehicle, the Juvenile Court
is required to place the juvenile in a secured placement in a juvenile detention
facility, juvenile portion of a county jail, or juvenile correctional facility for a
minimum of 30 days, in addition to any other dispositions that are available under
the Juvenile Justice Code.
Under the bill, if a prosecutor seeks to amend or dismiss a charge of vehicle
theft, or if a petitioner seeks to amend or dismiss a petition that alleges that a
juvenile has violated the vehicle theft laws, the charge or petition may be amended
or dismissed only if the court finds that doing so is consistent with the public's
interest in deterring the theft of motor vehicles.
Reckless driving