AB220: Bill Text

AB220,4,13 941.29 (1g) In this section, "violent felony" means any felony under s. 943.23 (1m) or (1r), 1999 stats., this section, or s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19, 940.195, 940.20, 940.201, 940.203, 940.21, 940.225, 940.23, 940.235, 940.285 (2), 940.29, 940.295 (3), 940.30, 940.302, 940.305, 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20, 941.26, 941.28, 941.292, 941.30, 941.327 (2) (b) 3. or 4., 943.02, 943.04, 943.06, 943.10 (2), 943.23 (1g), 943.32, 943.87, 946.43, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.051, 948.06, 948.07, 948.08, 948.085, or 948.30.

AB220,8 Section 8. 941.29 (2) of the statutes is repealed.

AB220,9 Section 9. 941.29 (3) of the statutes is amended to read:

AB220,4,17 941.29 (3) Any firearm involved in an offense under sub. (2) this section is subject to s. 968.20 (3).

AB220,10 Section 10. 941.29 (4) of the statutes is amended to read:

AB220,4,21 941.29 (4) A person is concerned with the commission of a crime, as specified in s. 939.05 (2) (b), in violation of this section if he or she knowingly furnishes a person with a firearm in violation of sub. (2) this section.

AB220,11 Section 11. 941.29 (4m) of the statutes is created to read:

AB220,5,4 941.29 (4m) If the person is subject to this section because he or she was convicted of, adjudicated delinquent for, or found not guilty of by reason of mental disease or defect, committing, soliciting, conspiring, or attempting to commit a violent felony, the court shall impose a bifurcated sentence under s. 973.01 and the confinement portion of the bifurcated sentence imposed on the person shall be not less than 3 years. This subsection does not apply to sentences imposed after July 1, 2020.

AB220,12 Section 12. 941.29 (5) (intro.) of the statutes is amended to read:

AB220,5,7 941.29 (5) (intro.) This section does not apply to any person specified in sub. (1) (1m) who:

AB220,13 Section 13. 941.29 (5) (a) of the statutes is amended to read:

AB220,5,11 941.29 (5) (a) Has received a pardon with respect to the crime or felony specified in sub. (1) (1m or 4m) and has been expressly authorized to possess a firearm under 18 USC app. 1203; or

AB220,14 Section 14. 941.29 (8) of the statutes is amended to read:

AB220,5,17 941.29 (8) This section does not apply to any person specified in sub. (1) (1m) (bm) if a court subsequently determines that the person is not likely to act in a manner dangerous to public safety. In any action or proceeding regarding this determination, the person has the burden of proving by a preponderance of the evidence that he or she is not likely to act in a manner dangerous to public safety.

AB220,15 Section 15. 941.29 (9) of the statutes is amended to read:

AB220,5,21 941.29 (9) (a) This section does not apply to a person specified in sub. (1) (1m) (e) if the prohibition under s. 51.20 (13) (cv) 1., 2007 stats., has been canceled under s. 51.20 (13) (cv) 2. or (16) (gm), 2007 stats., or under s. 51.20 (13) (cv) 1m. c.

AB220,6,2 (b) This section does not apply to a person specified in sub. (1) (1m) (em) if the order under s. 51.20 (13) (cv) 1. is canceled under s. 51.20 (13) (cv) 1m. c., if the order under s. 51.45 (13) (i) 1. is canceled under s. 51.45 (13) (i) 2. c., if the order under s. 54.10 (3) (f) 1. is canceled under s. 54.10 (3) (f) 2. c., or if the order under s. 55.12 (10) (a) is canceled under s. 55.12 (10) (b) 3.

AB220,16 Section 16. 941.29 (10) (intro.) of the statutes is amended to read:

AB220,6,6 941.29 (10) (intro.) The prohibition against firearm possession under this section does not apply to a person specified in sub. (1) (1m) (f) if the person satisfies any of the following:

AB220,17 Section 17. 973.123 of the statutes is created to read:

AB220,6,16 973.123 Sentence for certain violent offenses; use of a firearm. (1) In this section, "violent felony" means any felony under s. 943.23 (1m) or (1r), 1999 stats., this section, or s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19, 940.195, 940.20, 940.201, 940.203, 940.21, 940.225, 940.23, 940.235, 940.285 (2), 940.29, 940.295 (3), 940.30, 940.302, 940.305, 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20, 941.26, 941.28, 941.292, 941.30, 941.327 (2) (b) 3. or 4., 943.02, 943.04, 943.06, 943.10 (2), 943.23 (1g), 943.32, 943.87, 946.43, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.051, 948.06, 948.07, 948.08, 948.085, or 948.30.

AB220,6,19 (2) A court shall impose a bifurcated sentence under s. 973.01 if the court sentences a person for committing a violent felony and the court finds that all of the following are true:

AB220,6,23 (a) At the time the person committed the violent felony, he or she was subject to s. 941.29 because he or she was convicted of, adjudicated delinquent for, or found not guilty of by reason of mental disease or defect, committing, soliciting, conspiring, or attempting to commit a prior violent felony.

AB220,6,25 (b) The person used a firearm in the commission of the violent felony for which the court is imposing the sentence.

AB220,7,2 (3) The confinement portion of a bifurcated sentence imposed pursuant to sub. (2) shall be:

AB220,7,4 (a) Not less than 5 years if the violent felony is a Class A, Class B, Class C, Class D, Class E, Class F, or Class G felony.

AB220,7,5 (b) Not less than 3 years if the violent felony is a Class H felony.

AB220,7,6 (c) Not less than one year and 6 months if the violent felony is a Class I felony.

AB220,7,9 (4) If a court sentences a person under this section and also imposes a sentence pursuant to s. 941.29 (4m) arising from the same occurrence, the court shall order the person to serve the sentences consecutively.

AB220,7,10 (5) This section does not apply to sentences imposed after July 1, 2020.

AB220,18 Section 18. 973.176 (1) of the statutes is amended to read:

AB220,7,15 973.176 (1) Firearm possession. Whenever a court imposes a sentence or places a defendant on probation regarding a felony conviction, the court shall inform the defendant of the requirements and penalties applicable to him or her under s. 941.29 (1m) or (4m).

AB220,7,16 (End)