AB476: Bill Text

LRB-1626/2

JEO:jlg:km

1999 - 2000 LEGISLATURE

1999 Assembly BILL 476

September 20, 1999 - Introduced by Representatives Travis, Richards, Cullen, Wasserman, Riley and Berceau, cosponsored by Senator Burke, by request of Attorney General James Doyle. Referred to Committee on Criminal Justice.

AB476,1,7 An Act to renumber 941.29 (1); to renumber and amend 941.29 (2m); to amend 938.341, 941.29 (2) (intro.), 941.29 (2) (a), 941.29 (2) (b), 941.29 (2) (c), 941.29 (2) (d), 941.29 (2) (e), 941.29 (5) (intro.), 941.29 (5) (a), 941.29 (8), 941.29 (9), 941.29 (10) (intro.), 971.17 (1g) and 973.033; and to create 941.29 (1d), 941.29 (1m) (h), (i), (j), (k) and (L), 941.29 (2g) and 941.29 (2m) (b) of the statutes; relating to: possession of a firearm by persons convicted of certain misdemeanors and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill provides that persons who have committed certain misdemeanor offenses may not possess a firearm. Specifically, current law and the changes made by this bill are as follows:

Current law

Under current law, a person may not possess a firearm if he or she is a felony offender. A felony offender is a person to whom any of the following applies: 1) he or she has been found guilty of a felony; 2) he or she has been adjudicated delinquent as a juvenile for an act that would have been a felony if it had been committed by an adult; or 3) he or she has been found not guilty of a felony by reason of mental disease, defect or illness. In addition, under current law a person is prohibited from possessing a firearm if he or she has been involuntarily committed for treatment in a civil commitment proceeding and ordered not to possess a firearm, if he or she is subject to a domestic abuse or child abuse injunction, or if he or she is subject to a harassment injunction that includes an order not to possess a firearm.

If a felony offender or other person who is prohibited from possessing a firearm does possess a firearm, he or she is subject to the following penalties:

1. For a first offense, the person may be fined not more than $10,000 or imprisoned for not more than two years or both, if the offense occurs before December 31, 1999, or may be fined not more than $10,000 or imprisoned for not more than five years or both, if the offense occurs on or after December 31, 1999.

2. For a second or subsequent offense, the person may be fined not more than $10,000 or imprisoned for not more than five years or both, if the offense occurs before December 31, 1999, or may be fined not more than $10,000 or imprisoned for not more than ten years or both, if the offense occurs on or after December 31, 1999.

Current law also provides that a felony offender or other person who is prohibited from possessing a firearm may have the right to possess a firearm restored under certain circumstances. For instance, if a person found guilty of a felony is pardoned he or she may again possess a firearm unless the pardon provides that the person may not possess a firearm. A person adjudicated delinquent as a juvenile for an act that would have been a felony if it had been committed by an adult may again possess a firearm if a court determines that the person is not likely to act in a manner dangerous to public safety. Finally, a person who has been found not guilty of a felony by reason of insanity or mental disease, defect or illness may again possess a firearm if a court determines that the person is no longer insane or no longer has a mental disease, defect or illness and that the person is not likely to act in a manner dangerous to public safety.

Changes made by this bill

This bill prohibits certain serious misdemeanor offenders from possessing a firearm. A person is a serious misdemeanor offender if any of the following applies: 1) he or she has been found guilty of a serious misdemeanor; 2) he or she has been adjudicated delinquent as a juvenile for an act that would have been a serious misdemeanor if it had been committed by an adult; or 3) he or she has been found not guilty of a serious misdemeanor by reason of mental disease, defect or illness. A serious misdemeanor offender who possesses a firearm in violation of the prohibition created in the bill may be fined not more than $1,000 or imprisoned for not more than 90 days or both for a first offense. For a second or subsequent offense, the person may be fined not more than $10,000 or imprisoned for not more than nine months or both.

The bill also provides that if a person found guilty of a serious misdemeanor is pardoned he or she may again possess a firearm unless the pardon provides that the person may not possess a firearm. In addition, the bill provides that a person who has been adjudicated delinquent for a serious misdemeanor or found not guilty of a serious misdemeanor by reason of mental disease or defect may have the right to possess a firearm restored in the same way that a person adjudicated delinquent or found not guilty of a felony by reason of mental disease or defect may have the right restored under current law.

The serious misdemeanors covered by the provisions of the bill include all of the following: attempting to commit battery to a law enforcement officer, fire fighter, probation, parole or extended supervision agent or juvenile aftercare agent; simple battery; simple battery to an unborn child; causing bodily harm by recklessly or negligently subjecting a vulnerable adult to maltreatment or by recklessly or negligently abusing or neglecting a patient or resident of certain facilities; stalking; intimidation of a victim or a witness; endangering safety by negligent or intoxicated handling of a firearm; carrying a concealed weapon; carrying a firearm in a public building; carrying a handgun in a tavern; unlawful use of oleoresin of capsicum (pepper spray); contacting a criminal gang member in violation of a court's no-contact order; resisting or obstructing an officer; harassment; recklessly leaving a loaded firearm within reach or easy access of a child; possession of a dangerous weapon by a minor; possession of firearm in a school zone; and possession of a dangerous weapon on school premises.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB476, s. 1 Section 1. 938.341 of the statutes is amended to read:

AB476,3,6 938.341 Delinquency adjudication; restriction on firearm possession. Whenever a court adjudicates a juvenile delinquent for an act that if committed by an adult in this state would be a felony or a serious misdemeanor, as defined in s. 941.29 (1d), the court shall inform the juvenile of the requirements and penalties under s. 941.29.

AB476, s. 2 Section 2. 941.29 (1) of the statutes is renumbered 941.29 (1m).

AB476, s. 3 Section 3. 941.29 (1d) of the statutes is created to read:

AB476,3,14 941.29 (1d) In this section,"serious misdemeanor" means an attempt to commit a violation of s. 940.20 (2) or (2m) or a violation, or the solicitation, conspiracy or attempt to commit a violation, of s. 940.19 (1), 940.195 (1), 940.285 (2) (b) 4., 940.295 (3) (b) 4., 940.32 (2), 940.42, 940.44, 941.20 (1), 941.23, 941.235 (1), 941.237 (2), 941.26 (4) (b), 941.38 (3), 946.41 (1), 947.013 (1r), 948.55 (2) or (3), 948.60 (2) (a), 948.605 (2) (a) or 948.61 (2) (a).

AB476, s. 4 Section 4. 941.29 (1m) (h), (i), (j), (k) and (L) of the statutes are created to read:

AB476,4,3 941.29 (1m) (h) Convicted in this state on or after the effective date of this paragraph .... [revisor inserts date], of a serious misdemeanor.

AB476,4,6 (i) Convicted elsewhere on or after the effective date of this paragraph .... [revisor inserts date], of a crime that would be a serious misdemeanor if committed in this state.

AB476,4,9 (j) Adjudicated delinquent on or after the effective date of this paragraph .... [revisor inserts date], for an act that if committed by an adult in this state would be a serious misdemeanor.

AB476,4,12 (k) Found not guilty by reason of mental disease or defect in this state on or after the effective date of this paragraph .... [revisor inserts date], of a serious misdemeanor.

AB476,4,15 (L) Found not guilty of or not responsible elsewhere on or after the effective date of this paragraph .... [revisor inserts date], for a crime that would be a serious misdemeanor in this state by reason of insanity or mental disease, defect or illness.

AB476, s. 5 Section 5. 941.29 (2) (intro.) of the statutes is amended to read:

AB476,4,18 941.29 (2) (intro.) A person specified in sub. (1) (1m) is guilty of a Class E felony if he or she possesses a firearm under any of the following circumstances:

AB476, s. 6 Section 6. 941.29 (2) (a) of the statutes is amended to read:

AB476,4,21 941.29 (2) (a) The person possesses a firearm subsequent to the conviction for the felony or other crime, as specified in sub. (1) (1m) (a) or (b).

AB476, s. 7 Section 7. 941.29 (2) (b) of the statutes is amended to read:

AB476,4,24 941.29 (2) (b) The person possesses a firearm subsequent to the adjudication, as specified in sub. (1) (1m) (bm).

AB476, s. 8 Section 8. 941.29 (2) (c) of the statutes is amended to read:

AB476,5,3 941.29 (2) (c) The person possesses a firearm subsequent to the finding of not guilty or not responsible by reason of insanity or mental disease, defect or illness, as specified in sub. (1) (1m) (c) or (d).

AB476, s. 9 Section 9. 941.29 (2) (d) of the statutes is amended to read:

AB476,5,6 941.29 (2) (d) The person possesses a firearm while subject to the court order, as specified in sub. (1) (1m) (e) or (g).

AB476, s. 10 Section 10. 941.29 (2) (e) of the statutes is amended to read:

AB476,5,9 941.29 (2) (e) The person possesses a firearm while the injunction, as specified in sub. (1) (1m) (f), is in effect.

AB476, s. 11 Section 11. 941.29 (2g) of the statutes is created to read:

AB476,5,12 941.29 (2g) A person specified in sub. (1m) is guilty of a Class B misdemeanor if he or she possesses a firearm under any of the following circumstances:

AB476,5,14 (a) Subsequent to the conviction for the serious misdemeanor or other crime, as specified in sub. (1m) (h) or (i).

AB476,5,15 (b) Subsequent to the adjudication, as specified in sub. (1m) (j).

AB476,5,17 (c) Subsequent to the finding of not guilty or not responsible by reason of insanity or mental disease, defect or illness, as specified in sub. (1m) (k) or (L).

AB476, s. 12 Section 12. 941.29 (2m) of the statutes is renumbered 941.29 (2m) (a) and amended to read:

AB476,5,21 941.29 (2m) (a) Whoever violates this section sub. (2) after being convicted under this section of a violation of sub. (2) is guilty of a Class D felony.