Legislation that would help address the dramatic growth of retail theft in businesses throughout the state failed to receive a vote by the Senate or Assembly as lawmakers concluded what will likely be the final floor period of the 2023-24 Sesson.

Assembly Bill 928, introduced by Representative William Penterman (Columbus) and Senator Andre Jacque (DePere), would have increased certain penalties for individuals who commit retail theft-related crimes.

Assembly Bill 928, as originally introduced, would have increased the misdemeanor retail theft offense penalty to a felony, and also would have increased the maximum penalty for a felony offense by 50 percent if the theft involved bodily harm.

The bill was amended, however, to delete these penalty enhancers but would allow prosecutors to aggregate the value of stolen property over a six-month period for the purpose of charges filed and determination of penalties.

The substitute amendment also included a requirement for the Department of Justice to award grants to district attorneys, law enforcement agencies, and counties to improve the investigation and prosecution of organized retail theft crimes, vehicle and vehicle accessory theft crimes, and cargo theft crimes.

The National Retail Federation reports nearly two-thirds of retailers say the violence associated with thefts has risen, led by organized gangs that resell the goods they steal.

Senator Jacque said the bill would “strengthen state law to crack down on thieves who repeatedly victimize our neighborhoods, terrorize our businesses, and threaten violence in our communities. This proposal is an important deterrent to preventing further escalation of this lawlessness, and the price we all pay in the form of higher retail prices.”

According to testimony by Representative Penterman, the Assembly Co-author, Senate Bill 701 and Assembly Bill 928 would “address the urgent need to enhance our response to the rising incidents of retail crime characterized by brazen smash-and-grab thefts and organized criminal activities.”

Although strongly backed by NFIB and recommended for passage with bi-partisan support, Assembly Bill 928 and Senate Bill 701 stalled in committee.

NFIB will continue our work to strengthen Wisconsin’s retail theft laws as we prepare for the 2025-26 Session of the Legislature.