Anti-crime legislation one step away from passage
MADISON, WI… Criminals who take advantage of existing laws and engage in violent “smash and grab” retail thefts could soon face stiffer penalties as a result of Senate Bill 92, authored by State Senator André Jacque (New Franken) and State Representative William Penterman (Hustisford), which passed the Senate Committee on Judiciary and Public Safety today on a vote of 5-3.
“Organized criminal networks are repeatedly victimizing business owners and terrorizing our neighborhoods,” said Jacque. “This lawlessness makes our communities less safe and drives up prices for everyone, and the lack of deterrence has led to thieves engaging in ever more brazen acts of criminality.”
According to a 2024 National Retail Federation report, retailers have experienced a 93% increase in shoplifting incidents per year, and a 90% increase in dollar loss to shoplifting. Many of those involve repeat offenders, frequently involving organized groups, and are more violent than in the past.
Under current law, retail theft is prosecuted based on the dollar amount of items stolen. Organized criminal rings and repeat offenders look to manipulate existing law by stealing smaller amounts throughout an extended geographic location to avoid harsher penalties.
When the value of the items stolen is under $500, the penalty is only a misdemeanor. SB 92 allows a prosecutor to aggregate the value of property stolen or received within a six-month period, codifying the 2019 Wisconsin Supreme Court Decision in State v. Lopez. Additionally, the bill as amended would allow prosecutors to consolidate multiple offenses committed into a single filing, and would enable felony charges for those with prior misdemeanor convictions.
“Modern thieves can choose to strategically move from store to store in an attempt to evade punishment,” said Jacque. “By combining multiple crimes into a larger charge, we can hold accountable thieves attempting to take advantage of Wisconsin law.”
Similar provisions were included in 2023 AB 928, which passed the Assembly Criminal Justice Committee last session with broad bi-partisan support, and are similar to changes adopted in Minnesota. The legislation is formally supported by a broad coalition of retailers, small businesses, prosecutors and Wisconsin law enforcement organizations. The companion (2025 Assembly Bill 89) has already passed the Assembly on a strong bi-partisan vote of 71-26. The bill now goes to the full Senate before it will go the governor’s desk for final consideration.
Senator André Jacque represents Northeast Wisconsin’s First Senate District, consisting of Door, Kewaunee and Calumet Counties and portions of Brown, Calumet, Manitowoc, and Outagamie counties.
