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LRB-4725/1
CMH:amn
2019 - 2020 LEGISLATURE
January 29, 2020 - Introduced by Senators Kapenga, Craig, Jacque, Marklein,
Nass and Stroebel, cosponsored by Representatives Sanfelippo, Hutton,
Allen, Dittrich, Duchow, Edming, Gundrum, Horlacher, Jagler, James,
Katsma, Knodl, Kuglitsch, Ott, Plumer, Ramthun and Tittl. Referred to
Committee on Judiciary and Public Safety.
SB745,1,2 1An Act to create 941.29 (4n) of the statutes; relating to: prosecuting a violent
2felon for the crime of illegal possession of a firearm.
Analysis by the Legislative Reference Bureau
Current law prohibits the following persons from possessing a firearm: persons
who have been convicted of a felony; persons found not guilty of a felony by reason
of mental disease or defect; persons who are subject to certain injunctions such as a
domestic abuse or child abuse injunction or, in certain cases, a harassment or an
individuals-at-risk injunction; and persons who have been subject to involuntary
commitment for mental health treatment and ordered not to possess a firearm.
Under this bill, if a prosecutor has charged a person with illegal possession of a
firearm and the person has been convicted of, adjudicated delinquent for, or found
not guilty by reason of mental disease or defect of, committing, soliciting, conspiring,
or attempting to commit a violent felony, the prosecutor may not place the person in
a deferred prosecution program and the prosecutor may not dismiss or amend the
charge without the approval of the court. The court may approve the dismissal or
amendment only if the court finds the action is consistent with the public's interest
in deterring the possession of firearms by violent felons and with the legislature's
intention to vigorously prosecute violent felons who illegally possess a firearm. If the
court approves at least one dismissal or amendment in a year, the court must submit
an annual report to the legislature detailing each approval.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB745,1
1Section 1. 941.29 (4n) of the statutes is created to read:
SB745,2,32 941.29 (4n) (a) The legislature intends to encourage the vigorous prosecution
3of violent felons who illegally possess a firearm.
SB745,2,174 (b) Notwithstanding s. 971.29, if an individual is charged with a violation under
5sub. (1m) and the individual has been convicted of, adjudicated delinquent for, or
6found not guilty by reason of mental disease or defect of, committing, soliciting,
7conspiring, or attempting to commit a violent felony, the prosecutor may not dismiss
8or amend the charge without the approval of the court. In the application to the
9court, the prosecutor shall state the reasons for the proposed amendment or
10dismissal. The court may approve the application only if the court finds that the
11proposed amendment or dismissal is consistent with the public's interest in deterring
12the possession of firearms by violent felons and consistent with the legislature's
13intention expressed in par. (a). If a court approves at least one application in a year,
14the court shall submit to the appropriate standing committees of the legislature
15under s. 13.172 (3) an annual report detailing each application the court approved
16that year and how each approval is consistent with the public's interest and the
17legislature's intention.
SB745,2,2218 (c) A prosecutor may not place an individual in a deferred prosecution program
19if the individual is accused of or charged with a violation under sub. (1m) and the
20individual has been convicted of, adjudicated delinquent for, or found not guilty by
21reason of mental disease or defect of, committing, soliciting, conspiring, or
22attempting to commit a violent felony.
SB745,2 23Section 2. Initial applicability.
SB745,3,2
1(1) This act first applies to charges issued on the effective date of this
2subsection.
SB745,3,33 (End)
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