LRB-1916/1
CMH:klm
2017 - 2018 LEGISLATURE
February 24, 2017 - Introduced by Representatives Sanfelippo, Jagler,
Horlacher, Murphy, Duchow, Tusler, Gannon, Ott, Spiros, Tittl,
Skowronski, Kremer, E. Brooks and Allen, cosponsored by Senators Vukmir,
Wanggaard, Darling, Nass and Feyen. Referred to Committee on Criminal
Justice and Public Safety.
AB89,1,4 1An Act to renumber and amend 941.29 (4m) (a) 2.; to amend 941.29 (4m) (a)
2(intro.); and to create 941.29 (4m) (a) 2. (intro.), b. and c. of the statutes;
3relating to: mandatory minimum incarceration period following illegal
4possession of a firearm.
Analysis by the Legislative Reference Bureau
Under current law, if a person who is prohibited from possessing a firearm due
to the commission of, or the solicitation, conspiracy, or attempt to commit, a violent
felony is convicted of illegally possessing a firearm, the court must impose a
mandatory minimum three-year incarceration period if the person, within the five
years prior to the illegal possession of the firearm, was serving a sentence, was on
parole, or was committed for a subsequent felony or a violent misdemeanor. Under
this bill, the court must also impose the mandatory minimum three-year
incarceration period if the person who is prohibited from possessing a firearm
violated the prohibition while on probation, parole, extended supervision, or
conditional release for the commission of a prior felony or violent misdemeanor.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB89,1 5Section 1. 941.29 (4m) (a) (intro.) of the statutes is amended to read:
AB89,2,4
1941.29 (4m) (a) (intro.) The If a person commits a violation of sub. (1m), the
2court shall impose a bifurcated sentence under s. 973.01 and the confinement portion
3of the bifurcated sentence imposed on the person shall be not less than 3 years if all
4of the following are true:
AB89,2 5Section 2. 941.29 (4m) (a) 2. (intro.), b. and c. of the statutes are created to
6read:
AB89,2,77 941.29 (4m) (a) 2. (intro.) Any of the following applies:
AB89,2,108 b. The person committed the current offense while on probation, parole,
9extended supervision, or conditional release for the commission of a prior felony or
10violent misdemeanor.
AB89,2,1311 c. The person committed the current offense within 5 years after being
12discharged from commitment under ch. 971 for the commission of a prior felony or
13violent misdemeanor.
AB89,3 14Section 3. 941.29 (4m) (a) 2. of the statutes is renumbered 941.29 (4m) (a) 2.
15a. and amended to read:
AB89,2,1916 941.29 (4m) (a) 2. a. The person committed the current offense within 5 years
17after completing his or her sentence, including any probation, parole, or extended
18supervision, or being discharged by the department of corrections, after completing
19a period of probation imposed
for a prior felony or violent misdemeanor.
AB89,2,2020 (End)
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