| 1 | 1 | | LRB-2070/1 |
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| 2 | 2 | | CMH:cdc |
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| 3 | 3 | | 2023 - 2024 LEGISLATURE |
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| 4 | 4 | | 2023 ASSEMBLY BILL 58 |
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| 5 | 5 | | February 23, 2023 - Introduced by Representatives M ICHALSKI, DUCHOW, |
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| 6 | 6 | | ARMSTRONG, GUNDRUM, RETTINGER, ALLEN, O'CONNOR, MURPHY, MAXEY and |
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| 7 | 7 | | DITTRICH, cosponsored by Senators JAMES, FEYEN, WANGGAARD and STROEBEL. |
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| 8 | 8 | | Referred to Committee on Criminal Justice and Public Safety. |
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| 9 | 9 | | ***AUTHORS SUBJECT TO CHANGE*** |
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| 10 | 10 | | AN ACT to create 941.29 (4g) of the statutes; relating to: mandatory minimum |
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| 11 | 11 | | sentence for felons who illegally possess a firearm and providing a penalty. |
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| 12 | 12 | | Analysis by the Legislative Reference Bureau |
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| 13 | 13 | | Current law prohibits a person who has been convicted of a felony from |
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| 14 | 14 | | possessing a firearm. A person who violates the prohibition is guilty of a Class G |
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| 15 | 15 | | felony, which is punishable by a maximum term of confinement in prison of five years |
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| 16 | 16 | | followed by a maximum term of extended supervision of five years. Current law has |
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| 17 | 17 | | no mandatory minimum term of confinement in prison for this crime. |
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| 18 | 18 | | This bill imposes a five-year mandatory minimum term of confinement in |
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| 19 | 19 | | prison for a felon who is convicted of illegal possession of a firearm. |
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| 20 | 20 | | Because this bill creates a new crime or revises a penalty for an existing crime, |
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| 21 | 21 | | the Joint Review Committee on Criminal Penalties may be requested to prepare a |
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| 22 | 22 | | report. |
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| 23 | 23 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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| 24 | 24 | | enact as follows: |
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| 25 | 25 | | SECTION 1. 941.29 (4g) of the statutes is created to read: |
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| 26 | 26 | | 941.29 (4g) If a person is convicted of a violation of sub. (1m) (a) or (b), the court |
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| 27 | 27 | | shall impose a bifurcated sentence under s. 973.01. The term of confinement in |
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| 32 | 32 | | 5 - 2 -2023 - 2024 Legislature LRB-2070/1 |
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| 33 | 33 | | CMH:cdc |
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| 34 | 34 | | SECTION 1 ASSEMBLY BILL 58 |
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| 35 | 35 | | prison portion of the bifurcated sentence shall be at least 5 years. Otherwise the |
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| 36 | 36 | | penalties for the crime apply, subject to any applicable penalty enhancement. The |
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| 37 | 37 | | court may not place the person on probation. |
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| 38 | 38 | | SECTION 2.0Initial applicability. |
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| 39 | 39 | | (1) This act first applies to violations of s. 941.29 (1m) (a) or (b) that occur on |
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| 40 | 40 | | the effective date of this subsection. |
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| 41 | 41 | | (END) |
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