AB481: Bill Text

LRB-1834/1

MGD:jld:rs

2003 - 2004 LEGISLATURE

2003 Assembly BILL 481

August 26, 2003 - Introduced by Representatives Young and Bies. Referred to Committee on Criminal Justice.

AB481,1,3 An Act to renumber and amend 941.23; to amend 939.632 (1) (e) 1., 939.632 (1) (e) 3. and 968.255 (1) (a) 2.; and to create 941.23 (2) of the statutes; relating to: carrying a concealed weapon and providing a penalty.

Analysis by the Legislative Reference Bureau

Under current law, no person other than a peace officer may go armed with a concealed weapon. A person who violates this prohibition may be fined not more than $10,000, sentenced to the county jail for up to nine months, or both. Under this bill, a person who unlawfully carries a concealed weapon after having been convicted previously of that offense may be fined not more than $10,000, sentenced to a term of imprisonment (consisting of a term of confinement in state prison followed by a term of extended supervision) of up to three and one-half years, or both.

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 concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

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

AB481, s. 1 Section 1. 939.632 (1) (e) 1. of the statutes, as affected by 2001 Wisconsin Act 109, is amended to read:

AB481,2,6 939.632 (1) (e) 1. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09 (1c), 940.19 (2), (4) or (5), 940.21, 940.225 (1), (2) or (3), 940.305, 940.31, 941.20, 941.21, 941.23 (2), 943.02, 943.06, 943.10 (2), 943.23 (1g), 943.32 (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.055, 948.07, 948.08, or 948.30 (2).

AB481, s. 2 Section 2. 939.632 (1) (e) 3. of the statutes is amended to read:

AB481,2,9 939.632 (1) (e) 3. Any misdemeanor under s. 940.19 (1), 940.225 (3m), 940.32 (2), 940.42, 940.44, 941.20 (1), 941.23 (1), 941.235, 941.24 or 941.38 (3).

AB481, s. 3 Section 3. 941.23 of the statutes is renumbered 941.23 (1) and amended to read:

AB481,2,14 941.23 (1) Any Except as provided in sub. (2), any person except a peace officer who goes armed with a concealed and dangerous weapon is guilty of a Class A misdemeanor.

AB481, s. 4 Section 4. 941.23 (2) of the statutes is created to read:

AB481,2,17 941.23 (2) Any person who violates sub. (1) after having been convicted under sub. (1) is guilty of a Class I felony.

AB481, s. 5 Section 5. 968.255 (1) (a) 2. of the statutes, as affected by 2001 Wisconsin Act 109, is amended to read:

AB481,2,21 968.255 (1) (a) 2. Arrested for any misdemeanor under s. 167.30, 940.19, 941.20 (1), 941.23 (1), 941.237, 941.24, 948.60, or 948.61.

AB481, s. 6 Section 6. Initial applicability.

AB481,3,2 (1) This act first applies to offenses committed on the effective date of this subsection but does not preclude the counting of other offenses as prior convictions for the purpose of determining whether a person is subject to penalties under section 941.23 (2) of the statutes, as created by this act.

AB481,3,3 (End)