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Wisconsin Legislature: AB1122: Bill Text
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AB1122: Bill Text
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2025 - 2026 LEGISLATURE
LRB-4735/1
MJW&EVM:cdc&wlj
2025 ASSEMBLY BILL 1122
March 13, 2026 - Introduced by Representative
Callahan
. Referred to Committee on Criminal Justice and Public Safety.
AB1122,1,5
1
An Act
to repeal
344.574 (1) (a) 3. a. and b.;
to renumber and amend
2
344.574 (1) (a) 3. (intro.);
to amend
344.576 (2) (k) and 344.579 (3);
to create
3
344.57 (3m), 344.576 (2) (L) and 943.123 of the statutes;
relating to:
certain
4
motor vehicle entry devices, liability for damages to rental vehicles, and
5
providing a penalty.
Analysis by the Legislative Reference Bureau
This bill creates a new crime related to motor vehicle entry devices and modifies financial liability standards applicable to persons renting motor vehicles.
Under the bill, it is a Class I felony to manufacture, sell, offer to sell, transfer, possess, or permit another to use a motor vehicle key programming or emulating device or a relay attack device with intent that the device be used to commit a crime. Additionally, any person who is authorized to possess a motor vehicle key programming or emulating device or relay attack device for any legitimate purpose must report such a device lost or stolen within 48 hours or be guilty of a Class I felony. Under current law, a Class I felony is punishable by a fine of up to $10,000 or imprisonment for up to three years and six months, or both.
Currently, a motor vehicle rental company may hold a renter of a private passenger vehicle responsible for physical or mechanical damage to the vehicle caused by a theft of the vehicle while the vehicle is under a rental agreement if the theft is intentionally caused by the renter. Under the bill, the renter may be held responsible for such damage caused by any theft during the rental agreement.
Current law prohibits a rental company from offering for sale damage waivers in conjunction with a rental agreement unless the waiver meets certain standards. Among these standards is a prohibition on denial of coverage for damage unless the damage is of a sort listed in the statutes. Among the sorts of damage that may be excluded from coverage are damage occurring while the driver is driving while intoxicated or damage that is intentionally caused. The bill adds to this list damage occurring due to theft of the vehicle if 1) the theft is caused by the intentional conduct or negligent vehicle management of the renter, 2) the renter fails to file an official report of the theft with a law enforcement agency within 24 hours of learning of the theft, or 3) the renter fails to reasonably cooperate with a rental company or law enforcement investigation of the theft.
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.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
AB1122,1
1
Section
1
.
344.57 (3m) of the statutes is created to read:
AB1122,2,5
2
344.57
(3m)
“Negligent vehicle management” includes failure to possess the
3
ignition key furnished by the rental company at the time of theft, leaving the
4
vehicle’s ignition running while not being in the vehicle at the time of the theft, or
5
failure to comply with the terms of the rental agreement at the time of the theft.
AB1122,2
6
Section
2
.
344.574 (1) (a) 3. (intro.) of the statutes is renumbered 344.574 (1)
7
(a) 3. and amended to read:
AB1122,2,10
8
344.574
(1)
(a) 3. Theft of the private passenger vehicle
intentionally caused
9
by the renter. A renter is presumed not to have caused the theft intentionally if all
10
of the following apply:
.
AB1122,3
11
Section
3
.
344.574 (1) (a) 3. a. and b. of the statutes are repealed.
AB1122,4
12
Section
4
.
344.576 (2) (k) of the statutes is amended to read:
AB1122,3,4
13
344.576
(2)
(k) The damage occurs while the private passenger vehicle is
1
operated by someone other than an authorized driver
as defined in s. 344.57 (2).
2
This paragraph does not apply if the vehicle has been lost or a theft has occurred
3
and the renter is presumed to have not caused the theft or loss intentionally under
4
s. 344.574 (1) (a) 3
.
AB1122,5
5
Section
5
.
344.576 (2) (L) of the statutes is created to read:
AB1122,3,7
6
344.576
(2)
(L) 1. The damage occurs due to theft of the private passenger
7
vehicle if any of the following criteria are present:
AB1122,3,9
8
a. The theft is caused by the intentional conduct or negligent vehicle
9
management of the renter or any authorized driver of the vehicle.
AB1122,3,11
10
b. The renter fails to file an official report of the theft with a law enforcement
11
agency within 24 hours of learning of the theft.
AB1122,3,13
12
c. The renter fails to reasonably cooperate with a rental company or law
13
enforcement agency investigation of the theft.
AB1122,6
14
Section
6
.
344.579 (3) of the statutes is amended to read:
AB1122,3,20
15
344.579
(3)
Defense.
Proof by a rental company that the rental company
16
began an action to impose liability upon a renter or authorized driver, even though
17
the renter had purchased a damage waiver sold under s. 344.576, because of a good-
18
faith mistake that an exception under s. 344.576 (2) (a) to
(k)
(L)
applied is a defense
19
to a prosecution for a violation of the terms of the damage waiver under s. 344.576
20
(2).
AB1122,7
21
Section
7
.
943.123 of the statutes is created to read:
AB1122,3,22
22
943.123
Motor vehicle entry devices.
(1)
In this section:
AB1122,4,3
23
(a) “Motor vehicle key programming or emulating device” means any device,
24
computer program, application, or software designed or used to electronically
1
communicate with a motor vehicle for the purpose of programming or emulating a
2
motor vehicle key fob that is capable of being used to unlock or start the motor
3
vehicle.
AB1122,4,6
4
(b) “Relay attack device” means any device, computer program, application, or
5
software designed or used to intercept the signal from the key fob of a motor vehicle
6
to unlock or start the motor vehicle.
AB1122,4,10
7
(2)
Whoever manufactures, sells, offers to sell, transfers, possesses, or
8
permits another to use a motor vehicle key programming or emulating device or
9
relay attack device with intent that the device be used to commit a crime is guilty of
10
a Class I felony.
AB1122,4,15
11
(3)
A person who is authorized to possess a motor vehicle key programming or
12
emulating device or relay attack device for any legitimate purpose shall report a lost
13
or stolen motor vehicle key programming or emulating device or relay attack device
14
to law enforcement within 48 hours of becoming aware that the device was lost or
15
stolen. Any person who violates this subsection is guilty of a Class I felony.
AB1122,4,16
16
(end)
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