AB476: Bill Text

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.

AB476, s. 13 Section 13. 941.29 (2m) (b) of the statutes is created to read:

AB476,5,24 941.29 (2m) (b) Whoever violates sub. (2g) after being convicted of a violation of sub. (2g) is guilty of a Class A misdemeanor.

AB476, s. 14 Section 14. 941.29 (5) (intro.) of the statutes is amended to read:

AB476,6,2 941.29 (5) (intro.) This section does not apply to any person specified in sub. (1) (1m) who:

AB476, s. 15 Section 15. 941.29 (5) (a) of the statutes is amended to read:

AB476,6,6 941.29 (5) (a) Has received a pardon with respect to the crime or felony specified in sub. (1) and has been (1m), unless the pardon expressly authorized to provides that the person may not possess a firearm under 18 USC app. 1203; or

AB476, s. 16 Section 16. 941.29 (8) of the statutes is amended to read:

AB476,6,12 941.29 (8) This section does not apply to any person specified in sub. (1) (1m) (bm) or (j) if a court subsequently determines that the person is not likely to act in a manner dangerous to public safety. In any action or proceeding regarding this determination, the person has the burden of proving by a preponderance of the evidence that he or she is not likely to act in a manner dangerous to public safety.

AB476, s. 17 Section 17. 941.29 (9) of the statutes is amended to read:

AB476,6,16 941.29 (9) This section does not apply to a person specified in sub. (1) (1m) (e) if the prohibition under s. 51.20 (13) (cv) 1. has been canceled under s. 51.20 (13) (cv) 2. or (16) (gm).

AB476, s. 18 Section 18. 941.29 (10) (intro.) of the statutes is amended to read:

AB476,6,20 941.29 (10) (intro.) The prohibition against firearm possession under this section does not apply to a person specified in sub. (1) (1m) (f) if the person satisfies any of the following:

AB476, s. 19 Section 19. 971.17 (1g) of the statutes is amended to read:

AB476,6,25 971.17 (1g) If the defendant under sub. (1) is found not guilty of a felony by reason of mental disease or defect or not guilty of a serious misdemeanor, as defined in s. 941.29 (1d), by reason of mental disease or defect, the court shall inform the defendant of the requirements and penalties under s. 941.29.

AB476, s. 20 Section 20. 973.033 of the statutes is amended to read:

AB476,7,5 973.033 Sentencing; restriction on firearm possession. Whenever a court imposes a sentence or places a defendant on probation regarding a felony conviction or a conviction for a serious misdemeanor, as defined in s. 941.29 (1d), the court shall inform the defendant of the requirements and penalties under s. 941.29.

AB476, s. 21 Section 21. Initial applicability.

AB476,7,8 (1) Pardons. The treatment of section 941.29 (5) (a) of the statutes first applies to pardons granted on the effective date of this subsection.

AB476,7,11 (2) Information provided upon adjudication of delinquency. The treatment of section 938.341 of the statutes first applies to adjudications of delinquency that occur on the effective date of this subsection.

AB476,7,14 (3) Information at commitment proceedings. The treatment of section 971.17 (1g) of the statutes first applies to commitment proceedings under section 971.17 of the statutes that occur on the effective date of this subsection.

AB476,7,17 (4) Information at sentencing. The treatment of section 973.033 of the statutes first applies to sentencing proceedings that occur on the effective date of this subsection.

AB476,7,18 (End)