LRB-5020/1
CMH:klm
2017 - 2018 LEGISLATURE
March 15, 2018 - Introduced by Representatives Subeck, Sargent, Berceau,
Brostoff, Hebl, Sinicki, C. Taylor, Zepnick and Spreitzer, cosponsored by
Senator Risser. Referred to Committee on Criminal Justice and Public Safety.
AB1024,1,4
1An Act to renumber 941.29 (1g) (a);
to amend 165.845 (2); and
to create 165.63
2(2) (c), 165.845 (1m), 175.35 (2g) (d) 3., 941.29 (1g) (ad) and 941.29 (1m) (h) of
3the statutes;
relating to: prohibiting a fugitive from justice from possessing a
4firearm and providing a criminal penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits from possessing a firearm persons who have been
convicted of a felony, persons who are subject to certain injunctions such as a
domestic abuse injunction, and persons who have been subject to involuntary
commitment for mental health treatment and ordered not to possess a firearm. This
bill adds that a person who is a fugitive from justice is prohibited from possessing a
firearm. This bill defines “fugitive from justice” as someone who, after having
committed a criminal offense, leaves the jurisdiction of the court where such crime
has taken place or hides within such jurisdiction to escape prosecution. A person who
violates the prohibition is guilty of a Class G felony.
This bill also requires that the Department of Justice collect information
identifying persons who are fugitives from justice. DOJ must then convey that
information to the national instant criminal background check system for the
purpose of handgun and concealed carry licenses background checks and respond to
inquiries from law enforcement and courts regarding whether a person is prohibited
from possessing a firearm.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1024,1
1Section
1. 165.63 (2) (c) of the statutes is created to read:
AB1024,2,32
165.63
(2) (c) Individuals who may not possess a firearm under s. 941.29 (1m)
3(h).
AB1024,2
4Section
2. 165.845 (1m) of the statutes is created to read:
AB1024,2,55
165.845
(1m) The department of justice shall:
AB1024,2,96
(a) Collect information identifying individuals who are fugitives from justice,
7as defined in s. 941.29 (1g) (ad), to permit an accurate firearms restrictions record
8search under s. 175.35 (2g) (c), a background check under s. 175.60 (9g) (a), or an
9accurate response under s. 165.63.
AB1024,2,1310
(b) Furnish all persons who can provide information under par. (a) with forms
11or instructions that specify the nature of the information required under par. (a), the
12time it is to be provided, and any other matters that facilitate collection and
13identification.
AB1024,3
14Section
3. 165.845 (2) of the statutes is amended to read:
AB1024,2,2115
165.845
(2) All persons in charge of law enforcement agencies and other
16criminal and juvenile justice system agencies shall supply the department of justice
17with the information described in
sub. subs. (1) (a)
and (1m) (a) on the basis of the
18forms or instructions or both to be supplied by the department
under sub. (1) (a). The
19department may conduct an audit to determine the accuracy of the data and other
20information it receives from law enforcement agencies and other criminal and
21juvenile justice system agencies.
AB1024,4
1Section
4. 175.35 (2g) (d) 3. of the statutes is created to read:
AB1024,3,52
175.35
(2g) (d) 3. The department of justice shall promulgate rules to convey
3information in a timely manner to the national instant criminal background check
4system regarding individuals who may not possess a firearm under s. 941.29 (1m)
5(h).
AB1024,5
6Section
5. 941.29 (1g) (a) of the statutes is renumbered 941.29 (1g) (aw).
AB1024,6
7Section
6. 941.29 (1g) (ad) of the statutes is created to read:
AB1024,3,108
941.29
(1g) (ad) “Fugitive from justice” means an individual who, after having
9committed a criminal offense, leaves the jurisdiction of the court where such crime
10has taken place or hides within such jurisdiction to escape prosecution.
AB1024,7
11Section
7. 941.29 (1m) (h) of the statutes is created to read:
AB1024,3,1212
941.29
(1m) (h) The person is a fugitive from justice.
