Wisconsin AB 841: Relating to: prosecuting a violent felon for the crime of illegal possession of a firearm.

Bill Text

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2021 - 2022 LEGISLATURE
2021 ASSEMBLY BILL 841
January 7, 2022 - Introduced by Representatives WICHGERS, SANFELIPPO,
ARMSTRONG, BEHNKE, DUCHOW, GUNDRUM, KUGLITSCH, KRUG and MURPHY,
cosponsored by Senators JACQUE and STROEBEL. Referred to Committee on
Judiciary.
AN ACT to create 941.29 (4n) of the statutes; relating to: prosecuting a violent
felon 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 a dismissal or amendment, the court must submit an annual report
that year to the legislature detailing each such approval.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
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SECTION 1 ASSEMBLY BILL 841
SECTION 1. 941.29 (4n) of the statutes is created to read:
941.29 (4n) (a) The legislature intends to encourage the vigorous prosecution
of violent felons who illegally possess a firearm.
(b) Notwithstanding s. 971.29, if an individual is charged with a violation under
sub. (1m) and the individual 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 dismiss
or amend the charge without the approval of the court. In the application to the
court, the prosecutor shall state the reasons for the proposed amendment or
dismissal. The court may approve the application only if the court finds that the
proposed amendment or dismissal is consistent with the public's interest in deterring
the possession of firearms by violent felons and consistent with the legislature's
intention expressed in par. (a). If a court approves at least one application in a year,
the court shall submit to the appropriate standing committees of the legislature
under s. 13.172 (3) an annual report detailing each application the court approved
that year and how each approval is consistent with the public's interest and the
legislature's intention.
(c) A prosecutor may not place an individual in a deferred prosecution program
if the individual is accused of or charged with a violation under sub. (1m) and the
individual 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.
SECTION 2.0Initial applicability.
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SECTION 2 ASSEMBLY BILL 841
(1) This act first applies to charges issued on the effective date of this
subsection.
(END)
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