Wisconsin Assembly Bill AB58

Wisconsin 2023-2024 Regular Session

• Introduced: 2/23/23
• Refer: 2/23/23
• Report Pass: 3/13/23
• Refer: 3/13/23
• Engrossed: 3/22/23
• Refer: 3/23/23
• Failed: 4/15/24

Caption

Mandatory minimum sentence for felons who illegally possess a firearm and providing a penalty.

Impact

The implementation of AB58 is poised to significantly impact state laws governing firearm possession by felons. The mandatory minimum sentence is intended to serve as a deterrent against illegal possession of firearms by individuals with a felony history. This legislative shift could lead to increased incarceration rates for these defendants, thereby affecting prison population levels and the broader criminal justice system workload. The requirement for mandatory sentences means that judges will have limited discretion in sentencing, potentially leading to disparities in how similar cases are handled across the state.

Summary

Assembly Bill 58 (AB58) aims to impose a mandatory minimum sentence of five years for felons who are convicted of illegally possessing a firearm. The bill establishes a new statutory provision, creating section 941.29 (4g) of the statutes, which dictates that the court must pass down a bifurcated sentence requiring at least five years of incarceration for those found guilty of this offense. This legislative change reflects a tightening of the punitive measures within Wisconsin's legal framework concerning firearm possession by individuals with felony convictions, addressing ongoing concerns related to gun violence and public safety.

Contention

Notably, AB58 has sparked a range of discussions and debates among legislators, including concerns regarding the efficacy and equity of mandatory minimum sentences. Proponents argue that establishing a mandatory minimum will enhance public safety by deterring felons from illegal firearm possession. However, critics highlight the potential overreach of such legislation, warning that it may disproportionately impact marginalized communities and lead to increased incarceration without addressing the underlying issues of gun violence. As this bill progresses, these points of contention highlight the complexities of balancing public safety concerns with fair and just legal practices.