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Legislature Approves Stiffer Criminal Penalties, Minimum Sentencing

Bills Now Move To Gov. Scott Walker For His Signature

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Wisconsin State Capitol
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The Wisconsin Assembly voted Wednesday to approve a variety of criminal justice proposals as they near the end of their 2018 legislative session.

In addition to advancing a massive overhaul of the state’s juvenile justice system and closure of the Lincoln Hills and Copper Lake youth prisons, Assembly lawmakers approved bills on voice votes to impose new minimum sentences for some crimes and increased penalties for others.

One proposal would impose a mandatory minimum sentence for felony murder or second-degree intentional homicide if the person has been previously convicted of other certain crimes, including felony murder or second-degree intentional homicide.

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Under the bill, the minimum sentence for that crime, and a series of other crimes, including homicide by intoxicated use of a vehicle or firearm, would increase from three and a half years to five years.

“We want to try to take steps to make sure that if you’re going to do something habitually, and prey on innocent victims, we’re going to stiffen the penalties,” said Rep. Joe Sanfelippo, R-New Berlin, the bill’s sponsor.

Another bill would impose a minimum prison sentence of three years for individuals who illegally possess a firearm and were previous convicted of a certain crime, including a violent felony.

A third bill would increase criminal penalties for carjacking.

The proposals were sponsored in the state Senate by Sen. Leah Vukmir, R-Brookfield.

“For too long, violent crime has skyrocketed and gone unchecked,” Vukmir said in a prepared statement. “These bills will finally hold violent criminals accountable.”

All three measures now move to Gov. Scott Walker for his signature.

Addressing District Attorney Shortage

Assembly Republicans also rolled out a proposal Wednesday morning that would provide $4 million in state funding to hire about 53 new prosecutors in 40 counties across Wisconsin.

“This is about real justice for crime victims throughout the state,” said Rep. John Nygren, R-Marinette. “Swift and certain justice is an important tool for us to keep our citizens safe.”

Under the proposal, counties that have less than 79 percent of recommended staffing levels for district attorneys will get funding to hire more. Dane and Milwaukee counties would not qualify because they exceed the 79 percent recommended staffing levels.

District attorneys have requested additional state funding for assistant district attorneys for years, including a 2016 request for more than 100 positions.

The bill does not include additional funding for public defenders, which interested parties have also pushed for in the Capitol.

Democrats criticized the bill for not including that funding.

“You cannot simply add to one side of the ledger in the criminal justice system, you cannot solely add prosecutors without corresponding action to criminal defense lawyers,” said Rep. Evan Goyke, D-Milwaukee.

The measure is part of a larger bill that would require the state Department of Corrections to revoke extended supervision, probation, or parole for people who commit crimes while on extended supervision, probation or parole.