Wisconsin Senate Bill SJR139

Wisconsin 2025-2026 Regular Session

• Introduced: 3/12/26
• Refer: 3/12/26
• Failed: 3/23/26

Caption

To amend section 2 of article I of the constitution; Relating to: slavery or involuntary servitude in punishment of a crime (first consideration).

Summary

Senate Joint Resolution 139 proposes a constitutional amendment to remove the existing exception in the Wisconsin Constitution that allows slavery or involuntary servitude as punishment for a crime after a person has been duly convicted. Under current constitutional language, slavery and involuntary servitude are prohibited except in that narrow criminal-penalty context; this resolution would eliminate that exception so the prohibition would apply without exception. Because this is a proposed constitutional amendment, it does not by itself change state law. If adopted through the required constitutional process, it would amend Article I, Section 2 of the Wisconsin Constitution, and the change would only take effect after approval by two successive legislatures and ratification by the voters. The resolution also directs that the proposed amendment be referred to the next legislature and published before the election, consistent with the constitutional amendment process.

Impact

The bill would affect the Wisconsin Constitution rather than ordinary statutes by revising the state’s anti-slavery and anti-involuntary-servitude provision. Its practical legal effect would be to remove the constitutional carveout permitting involuntary servitude as criminal punishment, potentially affecting any laws, policies, or practices tied to prison labor or compelled labor in correctional settings. As introduced, however, it has no immediate legal effect because it failed to adopt and would require further legislative approval and voter ratification to become operative.

Sentiment

The available context suggests generally supportive sentiment among the bill’s authors and cosponsors, who span both chambers and include a sizable group of legislators. The resolution was introduced as a first-consideration constitutional amendment, indicating an intent to begin the formal amendment process rather than enact immediate policy changes. No committee testimony or recorded votes are provided, and the bill ultimately failed to adopt pursuant to Senate Joint Resolution 1, so there is no evidence in the record provided of active floor support sufficient for passage.

Contention

The central point of contention is the removal of the constitutional exception for slavery or involuntary servitude as punishment for crime. Supporters appear to view the exception as inconsistent with a categorical ban on slavery and involuntary servitude, while potential opponents may be concerned about the implications for prison labor, correctional administration, and the traditional constitutional allowance for compelled labor after conviction. Because no committee transcript or vote breakdown is available, the specific arguments on each side are not documented in the provided materials.