Wisconsin 2023-2024 Regular Session Status: To Executive 10 R cosponsors

AB 58 — Relating to: mandatory minimum sentence for felons who illegally possess a firearm and providing a penalty.

Last action — Failed to concur in pursuant to Senate Joint Resolution 1

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023-2024 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

37 added · 22 removed

Plain-language change summary

The amendments to Assembly Bill 58 introduce a mandatory five-year minimum sentence for felons who illegally possess a firearm, specifically targeting those with a history of violent felonies. This change is significant as it aims to create tougher penalties for repeat offenders and strengthen firearm regulations. Additionally, the amendments clarify the process for courts to inform defendants about the associated penalties when they are sentenced for a felony, ensuring that those affected are fully aware of their legal responsibilities.

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- 2024 LEGISLATURE LRBa0021/1 CMH:cjs ASSEMBLY AMENDMENT 1, TO ASSEMBLY BILL 58 March 3, 2023 - Offered by Representative ICHALSKI.
- 2024 LEGISLATURE LRB-2070/1 CMH:cdc ASSEMBLY BILL 58 February 23, 2023 - Introduced by Representatives ICHALSKI, UCHOW , ALLEN, ARMSTRONG , B EHNKE, D ITTRICH, DONOVAN , G UNDRUM , M AXEY, M URPHY, O'CONNOR and R ETTINGER, cosponsored by Senators AMES , FEYEN, NASS, STROEBEL and W ANGGAARD .
At the locations indicated, amend the bill as follows:
Referred to Committee on Criminal Justice and Public Safety.
1.
A N A CT to create 941.29 (4g) of the statutes;
Page 1, line 4:
relating to:
delete “, the court" and substitute “and the person is subject to this section because he or she was convicted of a violent felony, then, notwithstanding sub.
mandatory minimum sentence for felons who illegally possess a firearm and providing a penalty.
(1m), the person is guilty of a Class F felony and the court".
Analysis by the Legislative Reference Bureau Current law prohibits a person who has been convicted of a felony from possessing a firearm.
2.
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.
Page 2, line 3:
Current law has no mandatory minimum term of confinement in prison for this crime.
after that line insert:
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.
“S ECTION 1m.
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.
941.29 (5) (a) of the statutes is amended to read:
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
941.29(5) (a) Has received a pardon with respect to the crime or felony specified in sub.
S ECTION1.
(1m), (4g), or (4m) and has been expressly authorized to possess a firearm under 18 USC app.
941.29 (4g) of the statutes is created to read:
1203;
941.29(4g) If a person is convicted of a violation of sub.
or S ECTION 1p.
(1m) (a) or (b), the court shall impose a bifurcated sentence under s.
973.176 (1) of the statutes is amended to read:
973.01.
973.176 (1) F IREARM POSSESSION.
The term of confinement in - 2024 Legislature - 2 - LRB-2070/1 CMH:cdc ASSEMBLY BILL 58 SECTION 1 prison portion of the bifurcated sentence shall be at least 5 years.
Whenever a court imposes a sentence or places a defendant on probation regarding a felony conviction, the court shall inform LRBa0021/1 - 2024 Legislature - 2 - CMH:cjs the defendant of the requirements and penalties applicable to him or her under s.
Otherwise the penalties for the crime apply, subject to any applicable penalty enhancement.
941.29 (1m), (4g), or (4m), whichever is applicable.”.
The court may not place the person on probation.
SECTION 2.Initial applicability.
(1) This act first applies to violations of s.
941.29 (1m) (a) or (b) that occur on the effective date of this subsection.
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How this bill changes current law

3 changes Share ↗

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill modifies certain felony classifications for firearm possession offenses and updates related notice requirements.

  • 941.29(1m)

    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 if all of the following are true: → and the person is subject to this section because he or she was convicted of a violent felony, then, notwithstanding sub. (1m), the person is guilty of a Class F felony and the court

    This change increases the penalty for individuals convicted of a violent felony in relation to firearm possession.

  • 941.29(5)(a)

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

    This change expands the conditions under which a person who receives a pardon is authorized to possess a firearm.

  • 973.176(1)

    the court shall inform the defendant of the requirements and penalties applicable to him or her under s. 941.29 (1m) or (4m). → the court shall inform the defendant of the requirements and penalties applicable to him or her under s. 941.29 (1m), (4g), or (4m), whichever is applicable.

    This change ensures that defendants are informed about additional applicable conditions regarding firearm possession related to violent felonies.

Action History

  1. Failed to concur in pursuant to Senate Joint Resolution 1

  2. Representative Gustafson added as a coauthor

  3. Public hearing held

  4. Senator Hutton added as a cosponsor

  5. Read first time and referred to committee on Judiciary and Public Safety

  6. Received from Assembly

  7. Ordered immediately messaged

  8. Read a third time and passed, Ayes 62, Noes 35

  9. Rules suspended

  10. Ordered to a third reading

  11. Assembly Amendment 1 adopted

  12. Decision of the Chair upheld, Ayes 62, Noes 35

  13. Decision of the Chair appealed

  14. Point of order that Assembly Substitute Amendment 1 not germane under Assembly Rule 54 (3)(f) well taken

  15. Assembly Substitute Amendment 1 offered by Representative Neubauer

  16. Read a second time

  17. Representative Knodl added as a coauthor

  18. Placed on calendar 3-22-2023 by Committee on Rules

  19. Referred to committee on Rules

  20. Report passage as amended recommended by Committee on Criminal Justice and Public Safety, Ayes 10, Noes 5

  21. Report Assembly Amendment 1 adoption recommended by Committee on Criminal Justice and Public Safety, Ayes 14, Noes 1

  22. Senator Marklein added as a cosponsor

  23. Executive action taken

  24. Representative Steffen added as a coauthor

  25. Assembly Amendment 1 offered by Representative Michalski

  26. Representative Wichgers added as a coauthor

  27. Public hearing held

  28. Senator Testin added as a cosponsor

  29. Read first time and referred to Committee on Criminal Justice and Public Safety

  30. Introduced by Representatives Michalski, Duchow, Allen, Armstrong, Behnke, Dittrich, Donovan, Gundrum, Maxey, Murphy, O'Connor and Rettinger; cosponsored by Senators James, Feyen, Nass, Stroebel and Wanggaard

Sponsors

Sponsorship breakdown

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12 sponsors · 0 co-sponsors · 120 not signed on · 25 voted No

Sponsors (12)

Co-sponsors (0)

None.

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SHALL THE DECISION OF THE CHAIR STAND

Passed 62 Yea · 35 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 43000
Democrat 02400
Unaffiliated 191100
Total 623500
% of votes cast 64%36%0%0%
How each member voted (97)
Member Party Vote
BALDEH — Nay
BINSFELD — Yea
BODDEN — Yea
BRANDTJEN — Yea
CABRERA — Nay
CONLEY — Nay
CONSIDINE — Nay
EDMING — Yea
GOYKE — Nay
JOHNSON — Yea
KATSMA — Yea
MACCO — Yea
MAGNAFICI — Yea
MICHALSKI — Yea
MYERS — Nay
OHNSTAD — Nay
OLDENBURG — Yea
PETRYK — Yea
PLUMER — Yea
RETTINGER — Yea
RIEMER — Nay
ROZAR — Yea
SAPIK — Yea
SCHMIDT — Yea
SCHRAA — Yea
SCHUTT — Yea
SHANKLAND — Nay
SHELTON — Nay
SPEAKER — Yea
ANDERSON, J — Nay
Anderson, Clinton Democrat Nay
Andraca, Deb Democrat Nay
Bare, Mike Democrat Nay
Billings, Jill Democrat Nay
Clancy, Ryan Democrat Nay
Doyle, Steve Democrat Nay
Drake, Dora Democrat Nay
Emerson, Jodi Democrat Nay
Haywood, Kalan Democrat Nay
Hong, Francesca Democrat Nay
Jacobson, Jenna Democrat Nay
Joers, Alex Democrat Nay
Madison, Darrin Democrat Nay
McGuire, Tip Democrat Nay
Moore Omokunde, Supreme Democrat Nay
Neubauer, Greta Democrat Nay
Ortiz-Velez, Sylvia Democrat Nay
Palmeri, Lori Democrat Nay
Ratcliff, Melissa Democrat Nay
Sinicki, Christine Democrat Nay
Snodgrass, Lee Democrat Nay
Stubbs, Shelia Democrat Nay
Subeck, Lisa Democrat Nay
Vining, Robyn Democrat Nay
Allen, Scott Republican Yea
Armstrong, David Republican Yea
August, Tyler Republican Yea
Behnke, Elijah Republican Yea
Born, Mark Republican Yea
Brooks, Robert Republican Yea
Callahan, Calvin Republican Yea
Dallman, Alex Republican Yea
Dittrich, Barbara Republican Yea
Donovan, Bob Republican Yea
Duchow, Cindi Republican Yea
Goeben, Joy Republican Yea
Green, Chanz Republican Yea
Gundrum, Rick Republican Yea
Gustafson, Nate Republican Yea
Hurd, Karen Republican Yea
Kitchens, Joel Republican Yea
Knodl, Daniel Republican Yea
Krug, Scott Republican Yea
Kurtz, Tony Republican Yea
Maxey, Dave Republican Yea
Moses, Clint Republican Yea
Murphy, David Republican Yea
Mursau, Jeffrey Republican Yea
Nedweski, Amanda Republican Yea
Neylon, Adam Republican Yea
Novak, Todd Republican Yea
O'Connor, Jerry Republican Yea
Penterman, William Republican Yea
Petersen, Kevin Republican Yea
Pronschinske, Treig Republican Yea
Rodriguez, Jessie Republican Yea
Snyder, Patrick Republican Yea
Sortwell, Shae Republican Yea
Spiros, John Republican Yea
Steffen, David Republican Yea
Summerfield, Rob Republican Yea
Tittl, Paul Republican Yea
Tranel, Travis Republican Yea
VanderMeer, Nancy Republican Yea
Wichgers, Chuck Republican Yea
Wittke, Robert Republican Yea
Zimmerman, Shannon Republican Yea

Official roll call →

PASSAGE

Passed 62 Yea · 35 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 43000
Democrat 02400
Unaffiliated 191100
Total 623500
% of votes cast 64%36%0%0%
How each member voted (97)
Member Party Vote
BALDEH — Nay
BINSFELD — Yea
BODDEN — Yea
BRANDTJEN — Yea
CABRERA — Nay
CONLEY — Nay
CONSIDINE — Nay
EDMING — Yea
GOYKE — Nay
JOHNSON — Yea
KATSMA — Yea
MACCO — Yea
MAGNAFICI — Yea
MICHALSKI — Yea
MYERS — Nay
OHNSTAD — Nay
OLDENBURG — Yea
PETRYK — Yea
PLUMER — Yea
RETTINGER — Yea
RIEMER — Nay
ROZAR — Yea
SAPIK — Yea
SCHMIDT — Yea
SCHRAA — Yea
SCHUTT — Yea
SHANKLAND — Nay
SHELTON — Nay
SPEAKER — Yea
ANDERSON, J — Nay
Anderson, Clinton Democrat Nay
Andraca, Deb Democrat Nay
Bare, Mike Democrat Nay
Billings, Jill Democrat Nay
Clancy, Ryan Democrat Nay
Doyle, Steve Democrat Nay
Drake, Dora Democrat Nay
Emerson, Jodi Democrat Nay
Haywood, Kalan Democrat Nay
Hong, Francesca Democrat Nay
Jacobson, Jenna Democrat Nay
Joers, Alex Democrat Nay
Madison, Darrin Democrat Nay
McGuire, Tip Democrat Nay
Moore Omokunde, Supreme Democrat Nay
Neubauer, Greta Democrat Nay
Ortiz-Velez, Sylvia Democrat Nay
Palmeri, Lori Democrat Nay
Ratcliff, Melissa Democrat Nay
Sinicki, Christine Democrat Nay
Snodgrass, Lee Democrat Nay
Stubbs, Shelia Democrat Nay
Subeck, Lisa Democrat Nay
Vining, Robyn Democrat Nay
Allen, Scott Republican Yea
Armstrong, David Republican Yea
August, Tyler Republican Yea
Behnke, Elijah Republican Yea
Born, Mark Republican Yea
Brooks, Robert Republican Yea
Callahan, Calvin Republican Yea
Dallman, Alex Republican Yea
Dittrich, Barbara Republican Yea
Donovan, Bob Republican Yea
Duchow, Cindi Republican Yea
Goeben, Joy Republican Yea
Green, Chanz Republican Yea
Gundrum, Rick Republican Yea
Gustafson, Nate Republican Yea
Hurd, Karen Republican Yea
Kitchens, Joel Republican Yea
Knodl, Daniel Republican Yea
Krug, Scott Republican Yea
Kurtz, Tony Republican Yea
Maxey, Dave Republican Yea
Moses, Clint Republican Yea
Murphy, David Republican Yea
Mursau, Jeffrey Republican Yea
Nedweski, Amanda Republican Yea
Neylon, Adam Republican Yea
Novak, Todd Republican Yea
O'Connor, Jerry Republican Yea
Penterman, William Republican Yea
Petersen, Kevin Republican Yea
Pronschinske, Treig Republican Yea
Rodriguez, Jessie Republican Yea
Snyder, Patrick Republican Yea
Sortwell, Shae Republican Yea
Spiros, John Republican Yea
Steffen, David Republican Yea
Summerfield, Rob Republican Yea
Tittl, Paul Republican Yea
Tranel, Travis Republican Yea
VanderMeer, Nancy Republican Yea
Wichgers, Chuck Republican Yea
Wittke, Robert Republican Yea
Zimmerman, Shannon Republican Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors AB 58?
AB 58 is sponsored by Michalski, Duchow, Cindi (Republican), Allen, Scott (Republican), Armstrong, David (Republican), Behnke, Elijah (Republican), Dittrich, Barbara (Republican), Donovan, Bob (Republican), Gundrum, Rick (Republican), Maxey, Dave (Republican), Murphy, David (Republican), O'Connor, Jerry (Republican), and Rettinger.
What is the current status of AB 58?
This bill died with 2023-2024 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 58?
Track AB 58 free on One Click Politics — get push/email alerts when it moves.

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