2017 - 2018 LEGISLATURE
February 24, 2017 - Introduced by Representatives Sanfelippo, Kleefisch,
Murphy, Duchow, Tusler, Gannon, Edming, Ott, Spiros, Allen, Kremer,
Tittl, Skowronski and E. Brooks, cosponsored by Senators Vukmir, Darling,
Nass and Feyen. Referred to Committee on Criminal Justice and Public
AB88,1,2 1An Act to amend 939.619 (1) and 939.619 (2) of the statutes; relating to: crimes
2subject to a mandatory minimum sentence.
Analysis by the Legislative Reference Bureau
Current law imposes a mandatory minimum sentence for felony murder or
second-degree intentional homicide if the person has been previously convicted of
felony murder, second-degree intentional homicide, or a crime punishable by life
imprisonment. The court must sentence the person to be confined in prison for at
least three years and six months. This bill increases the mandatory minimum
sentence to five years and adds the following crimes to be subject to the mandatory
minimum sentence if the person has been previously convicted of one of the crimes
or a crime punishable by life imprisonment: first-degree or second-degree reckless
homicide, homicide by intoxicated use of a vehicle or firearm, aggravated battery,
mayhem, taking hostages, kidnapping, causing death by tampering with household
products, arson of buildings or damage by explosives, carjacking, armed robbery,
robbery of a financial institution, physical abuse of a child, child abduction, and child
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
1Section 1. 939.619 (1) of the statutes is amended to read:
AB88,2,52 939.619 (1) In this section, “serious violent crime" means a violation of s.
3940.02, 940.03 or, 940.05, 940.06, 940.09, 940.19 (5), 940.21, 940.305, 940.31,
4941.327 (2) (b) 2., 3., or 4., 943.02, 943.23 (1g), 943.32 (2), 943.87, 948.03 (2) (a) or (5),
5948.051, or 948.30 (2)
AB88,2 6Section 2. 939.619 (2) of the statutes is amended to read:
AB88,2,137 939.619 (2) If a person has one or more prior convictions for a serious violent
8crime or a crime punishable by life imprisonment and subsequently commits a
9serious violent crime, the court shall impose a bifurcated sentence under s. 973.01.
10The term of confinement in prison portion of a bifurcated sentence imposed under
11this subsection may not be less than 3 5 years and 6 months, but otherwise the
12penalties for the crime apply, subject to any applicable penalty enhancement. The
13court may not place the defendant on probation.
AB88,3 14Section 3. Initial applicability.
AB88,2,1715 (1) This act first applies to crimes committed on the effective date of this
16subsection but does not preclude the counting of offenses as prior offenses for the
17purposes of sentencing.
AB88,2,1818 (End)