SB328: Bill Text

SB328,19,13 (c) Within 30 days after receiving a notice under par. (b), an individual whose license has been revoked shall deliver the license document personally or by certified mail to the sheriff. If a licensee becomes ineligible to possess a concealed weapon because he or she no longer meets the requirements of sub. (3) but does not receive a notice under par. (b), he or she shall, within 30 days after becoming ineligible, deliver the license document personally or by certified mail to the sheriff.

SB328,19,14 (14m) Appeals. (a) In this subsection:

SB328,19,18 1. "Action," with respect to a sheriff, means any refusal by the sheriff to authorize the department to issue a license under s. 85.57 or any revocation by the sheriff of a license issued under s. 85.57. "Action," with respect to the department, means any act or failure to act by the department.

SB328,19,19 2. "Department" means the department of transportation.

SB328,19,23 (am) A person aggrieved by any action by a sheriff under this section may appeal directly to the circuit court of the sheriff's county. A person aggrieved by any action of the department under s. 85.57 may appeal directly to the circuit court of the county in which the relevant department office is located.

SB328,20,7 (b) To begin an appeal under this subsection, the aggrieved person shall file a petition for review with the clerk of the applicable circuit court within 30 days after the date of the sheriff's or the department's action or, if applicable, within 30 days after the date of the notice provided to the person under sub. (9) (b) 2. The petition shall state the substance of the sheriff's or the department's action that the person is appealing from and the grounds upon which the person believes the sheriff's or the department's action to be improper. The petition may include a copy of any records or documents that are relevant to the grounds upon which the person believes the sheriff's or the department's action to be improper.

SB328,20,10 (c) A copy of the petition shall be served upon the sheriff or the department either personally or by registered or certified mail within 5 days after the person files his or her petition under par. (b).

SB328,20,15 (d) The sheriff or the department shall file an answer within 15 days after being served with the petition under par. (c). The answer shall include a brief statement of the actions taken by the sheriff or the department, and a copy of any documents or records on which the sheriff or the department based his or her action shall be included with the answer when filed.

SB328,20,22 (e) The court shall review the petition, the answer, and any records or documents submitted with the petition or the answer. The review under this paragraph shall be conducted by the court without a jury and shall be confined to the petition, the answer, and any records or documents submitted with the petition or the answer, except that in cases of alleged irregularities in procedure by the sheriff or the department the court may take testimony that the court determines is appropriate.

SB328,20,24 (f) The court shall affirm the sheriff's or the department's action unless the court finds any of the following:

SB328,21,2 1. That the sheriff or the department failed to follow procedure prescribed under this section.

SB328,21,4 2. That the sheriff or the department erroneously interpreted a provision of law and a correct interpretation compels a different action.

SB328,21,6 3. That the sheriff's or the department's action depends on a finding of fact that is not supported by substantial evidence in the record.

SB328,21,8 (g) The court's decision shall provide whatever relief is appropriate regardless of the original form of the petition.

SB328,21,10 (15) Duration of license. (a) Except as provided in par. (b), a license issued under s. 85.57 is permanent unless the license is revoked under sub. (9g) (e) 1. or (14).

SB328,21,12 (b) A license issued under s. 85.57 is void if the individual to whom the license was issued does not meet the requirements of sub. (3).

SB328,21,14 (16) Prohibited activity. A licensee may not carry a concealed weapon in a place in which the carrying of a weapon is prohibited by federal law.

SB328,21,16 (17) Penalties. (a) A licensee who violates sub. (2g) (b) may be required to forfeit not more than $25.

SB328,21,19 (b) Any person who intentionally falsely swears under sub. (6) shall be fined not less than $500 nor more than $10,000 and may be imprisoned for not more than 9 months.

SB328,21,21 (c) Any person who intentionally violates the requirements of sub. (14) (c) may be fined not more than $500 or imprisoned for not more than 30 days or both.

SB328,21,23 (18) Access to records. Records created or kept under this section by the department or a sheriff are not subject to access under s. 19.35.

SB328, s. 7 Section 7. 227.01 (5) of the statutes is amended to read:

SB328,22,8 227.01 (5) "License" includes all or any part of an agency permit, certificate, approval, registration, charter or similar form of permission required by law, except a motor vehicle operator's license issued under ch. 343, a vehicle registration certificate issued under ch. 341, a license required primarily for revenue purposes, a hunting or fishing approval or a similar license where issuance is merely a ministerial act, a license to carry a concealed weapon issued under s. 85.57, or an authorization under s. 175.50 for the issuance of a license to carry a concealed weapon.

SB328, s. 8 Section 8. 301.046 (3) (cm) of the statutes is created to read:

SB328,22,10 301.046 (3) (cm) The prisoner is not awaiting execution under a death sentence.

SB328, s. 9 Section 9. 301.048 (2) (am) 2. of the statutes is amended to read:

SB328,22,15 301.048 (2) (am) 2. He or she is a prisoner serving a felony sentence for a felony that is not punishable by death or life imprisonment and the department directs him or her to participate in the program. This subdivision does not apply to a prisoner serving a bifurcated sentence imposed under s. 973.01.

SB328, s. 10 Section 10. 301.048 (2) (bm) 1. a. of the statutes is amended to read:

SB328,22,23 301.048 (2) (bm) 1. a. A crime specified in s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (3), (4), or (5), 940.195 (3), (4), or (5), 940.20, 940.201, 940.203, 940.21, 940.225 (1) to (3), 940.23, 940.285 (2) (a) 1. or 2., 940.29, 940.295 (3) (b) 1g., 1m., 1r., 2., or 3., 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.04, 943.06, 943.10 (2), 943.23 (1g), (1m), or (1r), 943.30, 943.32, 946.43, 947.015 947.07, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07, 948.08, or 948.30.

SB328, s. 11 Section 11. 302.11 (1) of the statutes is amended to read:

SB328,23,6 302.11 (1) The warden or superintendent shall keep a record of the conduct of each inmate, specifying each infraction of the rules. Except as provided in subs. (1g), (1m), (1q), (1w), (1z), (7), and (10), each inmate is entitled to mandatory release on parole by the department. The mandatory release date is established at two-thirds of the sentence. Any calculations under this subsection or sub. (1q) (b) or (2) (b) resulting in fractions of a day shall be rounded in the inmate's favor to a whole day.

SB328, s. 12 Section 12. 302.11 (1w) of the statutes is created to read:

SB328,23,9 302.11 (1w) An inmate awaiting execution under a death sentence is not entitled to mandatory release on parole under this section.

SB328, s. 13 Section 13. 303.065 (1) (b) 2. of the statutes is amended to read:

SB328,23,13 303.065 (1) (b) 2. A person serving a life sentence under s. 939.62 (2m) (c) or 973.014 (1) (c) or (1g) (a) 3., or awaiting execution under a death sentence, may not be considered for work release.

SB328, s. 14 Section 14. 304.02 (5) of the statutes is amended to read:

SB328,23,18 304.02 (5) Notwithstanding subs. (1) to (3), a prisoner who is serving a life sentence under s. 939.62 (2m) (c) or 973.014 (1) (c) or (1g), or who is awaiting execution under a death sentence, is not eligible for release to parole supervision under this section.

SB328, s. 15 Section 15. 304.06 (1) (b) of the statutes is amended to read:

SB328,24,9 304.06 (1) (b) Except as provided in sub. (1m) or (1t) or s. 302.045 (3), 961.49 (2), 973.01 (6), or 973.0135, the parole commission may parole an inmate of the Wisconsin state prisons or any felon or any person serving at least one year or more in a county house of correction or a county reforestation camp organized under s. 303.07, when he or she has served 25% of the sentence imposed for the offense, or 6 months, whichever is greater. Except as provided in s. 939.62 (2m) (c) or 973.014 (1) (b) or (c), (1g), or (2), the parole commission may parole an inmate serving a life term when he or she has served 20 years, as modified by the formula under s. 302.11 (1) and subject to extension under s. 302.11 (1q) and (2), if applicable. The person serving the life term shall be given credit for time served prior to sentencing under s. 973.155, including good time under s. 973.155 (4). The secretary may grant special action parole releases under s. 304.02. The department or the parole commission shall not provide any convicted offender or other person sentenced to the department's custody any parole eligibility or evaluation until the person has been confined at least 60 days following sentencing.

SB328, s. 16 Section 16. 304.06 (1t) of the statutes is created to read:

SB328,24,12 304.06 (1t) The parole commission may not parole an inmate who is sentenced to death under s. 973.0145.

SB328, s. 17 Section 17. 304.071 (2) of the statutes is amended to read:

SB328,24,16 304.071 (2) If a prisoner is not eligible ineligible for parole under s. 304.06 (1t), 939.62 (2m) (c), 961.49 (2), 973.01 (6), 973.014 (1) (c) or (1g), or 973.032 (5), he or she is not eligible for parole under this section.

SB328, s. 18 Section 18. 440.26 (3m) of the statutes is amended to read:

SB328,24,23 440.26 (3m) Rules concerning dangerous weapons. The department shall promulgate rules relating to the carrying of dangerous weapons by a person who holds a license or permit issued under this section or who is employed by a person licensed under this section. The rules shall allow the person to carry a concealed weapon as permitted under s. 175.50 if the person is licensed to do so under s. 85.57 and shall meet the minimum requirements specified in 15 USC 5902 (b).

SB328, s. 19 Section 19. 895.035 (4a) (a) 2. of the statutes is amended to read:

SB328,25,2 895.035 (4a) (a) 2. An act resulting in a violation of s. 943.01, 943.02, 943.03, 943.05, 943.06, or 947.015 947.07.

SB328, s. 20 Section 20. 939.22 (7) of the statutes is created to read:

SB328,25,5 939.22 (7) "Crime punishable by death or life imprisonment" means a crime for which one or more of the possible penalties is death or life imprisonment.

SB328, s. 21 Section 21. 939.22 (18m) of the statutes is created to read:

SB328,25,11 939.22 (18m) "Intent to terrorize" means intent to influence the policy of a governmental unit by intimidation or coercion, to punish a governmental unit for a prior policy decision, to affect the conduct of a governmental unit by homicide or kidnapping, or to intimidate or coerce a civilian population. In this subsection, "governmental unit" has the meaning given in s. 939.648 (1).

SB328, s. 22 Section 22. 939.30 (1) of the statutes is amended to read:

SB328,25,16 939.30 (1) Except as provided in sub. (2) and ss. 947.09, 948.35, and 961.455, whoever, with intent that a felony be committed, advises another to commit that crime under circumstances that indicate unequivocally that he or she has the intent is guilty of a Class D felony.

SB328, s. 23 Section 23. 939.30 (2) of the statutes is amended to read:

SB328,25,20 939.30 (2) For a solicitation to commit a crime for which the penalty is that is punishable by death or life imprisonment, the actor is guilty of a Class C felony. For a solicitation to commit a Class E felony, the actor is guilty of a Class E felony.

SB328, s. 24 Section 24. 939.31 of the statutes is amended to read:

SB328,26,3 939.31 Conspiracy. Except as provided in ss. 940.43 (4), 940.45 (4), and 961.41 (1x), whoever, with intent that a crime be committed, agrees or combines with another for the purpose of committing that crime may, if one or more of the parties to the conspiracy does do an act to effect its object, be fined or imprisoned or both not to exceed the maximum provided for the completed crime; except that for a conspiracy to commit a crime for which the penalty is that is punishable by death or life imprisonment, the actor is guilty of a Class B felony.

SB328, s. 25 Section 25. 939.32 (1) (a) of the statutes is amended to read:

SB328,26,6 939.32 (1) (a) Whoever attempts to commit a crime for which the penalty is that is punishable by death or life imprisonment is guilty of a Class B felony.

SB328, s. 26 Section 26. 939.60 of the statutes is amended to read:

SB328,26,10 939.60 Felony and misdemeanor defined. A crime that is punishable by death or imprisonment in the Wisconsin state prisons is a felony. Every other crime is a misdemeanor.

SB328, s. 27 Section 27. 939.62 (2m) (c) of the statutes is amended to read:

SB328,26,15 939.62 (2m) (c) If the actor is a persistent repeater and the actor is not sentenced to death under s. 973.0145, the term of imprisonment for the felony for which the persistent repeater presently is being sentenced under ch. 973 is life imprisonment without the possibility of parole or extended supervision.

SB328, s. 28 Section 28. 939.624 (2) of the statutes is amended to read:

SB328,26,22 939.624 (2) If a person has one or more prior convictions for a serious violent crime or a crime punishable by death or life imprisonment and subsequently commits a serious violent crime, the court shall sentence the person to not less than 5 years' imprisonment, but otherwise the penalties for the crime apply, subject to any applicable penalty enhancement. The court shall not place the defendant on probation.

SB328, s. 29 Section 29. 939.625 (1) (b) 2. of the statutes is amended to read:

SB328,27,3 939.625 (1) (b) 2. If the maximum term of imprisonment for a felony is more than 5 years or is a life term or the felony is punishable by death, the maximum term of imprisonment for the felony may be increased by not more than 5 years.

SB328, s. 30 Section 30. 939.63 (1) (a) 2. of the statutes is amended to read:

SB328,27,7 939.63 (1) (a) 2. If the maximum term of imprisonment for a felony is more than 5 years or is a life term or the felony is punishable by death, the maximum term of imprisonment for the felony may be increased by not more than 5 years.

SB328, s. 31 Section 31. 939.648 (2) (b) 1. of the statutes is amended to read:

SB328,27,11 939.648 (2) (b) 1. The person causes bodily harm, great bodily harm, or death to another during commission of the felony or while in immediate flight after commission of the felony.

SB328, s. 32 Section 32. 939.648 (2) (c) of the statutes is amended to read:

SB328,27,16 939.648 (2) (c) Commits the felony with the intent to influence the policy of a governmental unit or by intimidation or coercion, to punish a governmental unit for a prior policy decision, to affect the conduct of a governmental unit by homicide or kidnapping, or to intimidate or coerce a civilian population.

SB328, s. 33 Section 33. 939.648 (3) of the statutes is renumbered 939.648 (3) (a) and amended to read:

SB328,27,22 939.648 (3) (a) The Except as provided in par. (b), the maximum fine prescribed by law for the felony may be increased by not more than $50,000 and the maximum period of imprisonment prescribed by law for the felony may be increased by not more than 10 years.

SB328, s. 34 Section 34. 939.648 (3) (b) of the statutes is created to read:

SB328,28,2 939.648 (3) (b) If the underlying felony is first-degree intentional homicide under s. 940.01 and the person is 18 years of age or older when he or she commits the felony, the person may be sentenced to death or life imprisonment as determined under s. 973.0145.

SB328, s. 35 Section 35. 939.648 (3m) of the statutes is created to read:

SB328,28,6 939.648 (3m) The state must declare its intention to seek a sentence of death under sub. (3) (b) before arraignment or acceptance of a plea, or else is barred from seeking a sentence of death.

SB328, s. 36 Section 36. 941.23 of the statutes is renumbered 941.23 (1) and amended to read:

SB328,28,11 941.23 (1) Any person except a peace officer or an individual holding a valid license issued under s. 85.57 who goes armed with a concealed and dangerous weapon is guilty of a Class A misdemeanor.

SB328, s. 37 Section 37. 941.23 (2) of the statutes is created to read:

SB328,28,17 941.23 (2) An individual formerly licensed under s. 85.57 whose license has been revoked under s. 175.50 (14) (a) may not assert his or her refusal to accept or failure to receive a notice of revocation mailed under s. 175.50 (14) (b) as a defense to prosecution under sub. (1), regardless of whether the person has complied with s. 175.50 (12).

SB328, s. 38 Section 38. 941.235 (2) of the statutes is amended to read:

SB328,28,24 941.235 (2) This section does not apply to peace officers or armed forces or military personnel who go armed in the line of duty, to any individual holding a valid license issued under s. 85.57 who is carrying a concealed weapon as permitted under s. 175.50, or to any person duly authorized by the chief of police of any city, village or town, the chief of the capitol police or the sheriff of any county to possess a firearm in any building under sub. (1).

SB328, s. 39 Section 39. 941.237 (3) (cg) of the statutes is created to read:

SB328,29,2 941.237 (3) (cg) Any individual holding a valid license issued under s. 85.57 who is carrying a concealed weapon as permitted under s. 175.50.

SB328, s. 40 Section 40. 941.295 (2) (bm) of the statutes is created to read:

SB328,29,4 941.295 (2) (bm) Any individual holding a valid license issued under s. 85.57.