2023 - 2024 LEGISLATURE
LRB-2148/1
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2023 SENATE BILL 106
March 1, 2023 - Introduced by Senators JAMES, FEYEN, MARKLEIN, NASS, STROEBEL,
WANGGAARD and TESTIN, cosponsored by Representatives MICHALSKI, DUCHOW,
ALLEN, ARMSTRONG, BEHNKE, DONOVAN, GUNDRUM, MAXEY, MURPHY, O'CONNOR,
RETTINGER and WICHGERS. Referred to Committee on Judiciary and Public
Safety.
1 AN ACT to create 941.29 (4g) of the statutes; relating to: mandatory minimum
2 sentence for felons who illegally possess a firearm and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits a person who has been convicted of a felony from
possessing a firearm. A person who violates the prohibition is guilty of a Class G
felony, which is punishable by a maximum term of confinement in prison of five years
followed by a maximum term of extended supervision of five years. Current law has
no mandatory minimum term of confinement in prison for this crime.
This bill imposes a five-year mandatory minimum term of confinement in
prison for a felon who is convicted of illegal possession of a firearm.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
3 SECTION 1. 941.29 (4g) of the statutes is created to read:
4 941.29 (4g) If a person is convicted of a violation of sub. (1m) (a) or (b), the court
5 shall impose a bifurcated sentence under s. 973.01. The term of confinement in
 2023 - 2024 Legislature -2- LRB-2148/1
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SENATE BILL 106 SECTION 1
1 prison portion of the bifurcated sentence shall be at least 5 years. Otherwise the
2 penalties for the crime apply, subject to any applicable penalty enhancement. The
3 court may not place the person on probation.
4 SECTION 2.0Initial applicability.
5 (1) This act first applies to violations of s. 941.29 (1m) (a) or (b) that occur on
6 the effective date of this subsection.
7 (END)