Amendment SSA2-SB214

SB214-SSA2,5,25 165.25 (11) List of concealed-carry license approved states. Determine which states issue permits or licenses to carry a concealed weapon to persons who meet training requirements and criminal background checks that are substantially similar to or more restrictive than those specified under s. 175.50 (3) (h) and (9g) and promulgate by rule a list of those states.

SB214-SSA2, s. 13 Section 13. 165.82 (1) (intro.) of the statutes, as affected by 2003 Wisconsin Act 33, is amended to read:

SB214-SSA2,6,5 165.82 (1) (intro.) Notwithstanding s. 19.35 (3), the department of justice shall impose the following fees, plus any surcharge required under sub. (1m), for criminal history searches for purposes unrelated to criminal justice or to s. 175.35 or 175.50:

SB214-SSA2, s. 14 Section 14. 165.82 (2) of the statutes is amended to read:

SB214-SSA2,6,9 165.82 (2) Except as provided in s. ss. 175.35 and 175.50, the department of justice shall not impose fees for criminal history searches for purposes related to criminal justice.

SB214-SSA2, s. 15 Section 15. 167.31 (4) (ar) of the statutes is created to read:

SB214-SSA2,6,14 167.31 (4) (ar) Subsections (2) (a), (b), and (c) and (3) (a) and (b) do not apply to the placement, possession, transportation, or loading of a handgun, as defined in s. 175.50 (1) (bm), by a person who holds a valid license to carry a concealed weapon issued under s. 175.50 or an out-of-state licensee, as defined in s. 175.50 (1) (g).

SB214-SSA2, s. 16 Section 16. 175.35 (1) (am) of the statutes is created to read:

SB214-SSA2,6,20 175.35 (1) (am) "Disqualifying mental health adjudication" means one of the following events if it occurs in a proceeding that was not commenced by the person who is the subject of the proceeding and if it is based on the person having markedly subnormal intelligence or the person's mental illness, incompetency, condition, or disease:

SB214-SSA2,6,22 1. An order entered by a court in this state that commits a person for treatment in an inpatient mental health facility.

SB214-SSA2,6,25 2. A determination by a court in this state that a person is a danger to himself or herself or others under s. 51.20 (1) (a) 2. or lacks the mental capacity to contract or manage his or her own affairs.

SB214-SSA2, s. 17 Section 17. 175.35 (1) (at) of the statutes is amended to read:

SB214-SSA2,7,14 175.35 (1) (at) "Firearms restrictions record search" means a search of department of justice records to determine whether a person seeking to purchase a handgun is prohibited from possessing a firearm under s. 941.29 or based on a disqualifying mental health adjudication. "Firearms restriction record search" includes a criminal history record search, a search to determine whether a person is prohibited from possessing a firearm under s. 51.20 (13) (cv), a search to determine whether the person is subject to an injunction under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under s. 941.29 and that has been filed with the circuit court under s. 806.247 (3), and a search to determine whether the person is prohibited from possessing a firearm under s. 813.125 (4m).

SB214-SSA2, s. 18 Section 18. 175.35 (2) (d) of the statutes is amended to read:

SB214-SSA2,7,21 175.35 (2) (d) Forty-eight hours, subject to extension under sub. (2g) (c) 4. c., have elapsed from the time that the firearms dealer has received a confirmation number regarding the firearms restrictions record search under sub. (2g) (c) from the department of justice and the firearms dealer has not been notified that the transfer would be in violation of s. 941.29 or that the transferee would be prohibited from possessing a firearm based on a disqualifying mental health adjudication.

SB214-SSA2, s. 19 Section 19. 175.35 (2g) (c) 4. a. and b. of the statutes are amended to read:

SB214-SSA2,8,2 175.35 (2g) (c) 4. a. If the search indicates that the transferee is prohibited from possessing a firearm under s. 941.29 or based on a disqualifying mental health adjudication, the department shall provide the firearms dealer with a unique nonapproval number. The department may not disclose to the firearms dealer the reason the transferee is prohibited from possessing a firearm under s. 941.29.

SB214-SSA2,8,5 b. If the search indicates that the transferee is not prohibited from possessing a firearm under s. 941.29 or based on a disqualifying mental health adjudication, the department shall provide the firearms dealer with a unique approval number.

SB214-SSA2, s. 20 Section 20. 175.35 (2k) (ar) 2. of the statutes is amended to read:

SB214-SSA2,8,14 175.35 (2k) (ar) 2. Check each duplicate notification form received under sub. (2j) against the information recorded by the department regarding the corresponding request for a firearms restrictions record search under sub. (2g). If the department previously provided a unique approval number regarding the request and nothing in the duplicate completed notification form indicates that the transferee is prohibited from possessing a firearm under s. 941.29 or based on a disqualifying mental health adjudication, the department shall destroy all records regarding that firearms restrictions record search within 30 days after receiving the duplicate form.

SB214-SSA2, s. 21 Section 21. 175.50 of the statutes is created to read:

SB214-SSA2,8,17 175.50 License to carry a concealed weapon. (1) Definitions. In this section:

SB214-SSA2,8,18 (ab) "Alcohol beverages" has the meaning given in s. 125.02 (1).

SB214-SSA2,8,19 (abm) "Alcohol concentration" has the meaning given in s. 340.01 (1v).

SB214-SSA2,8,22 (ac) "Background check" means a search of department and court records conducted under sub. (9g) to determine a person's eligibility for a license to carry a concealed weapon.

SB214-SSA2,8,23 (ag) Except in subs. (2g) (b) and (11) (c) 1. b., "carry" means to go armed with.

SB214-SSA2,8,25 (ah) "Controlled substance" means a controlled substance, as defined in s. 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m).

SB214-SSA2,9,1 (aj) "Department" means the department of justice.

SB214-SSA2,9,2 (am) "Drunk driving offense" means any of the following:

SB214-SSA2,9,3 1. A violation of s. 346.63 or a local ordinance in conformity with that section.

SB214-SSA2,9,5 2. A violation of a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63.

SB214-SSA2,9,11 3. A violation of the law of another jurisdiction, as defined in s. 340.01 (41m), that prohibits use of a motor vehicle while intoxicated, while under the influence of a controlled substance, a controlled substance analog, or a combination thereof, with an excess or specified range of alcohol concentration, or while under the influence of any drug to a degree that renders the person incapable of safely driving, as those or substantially similar terms are used in that jurisdiction's laws.

SB214-SSA2,9,16 (bm) "Handgun" means any weapon designed or redesigned, or made or remade, and intended to be fired while held in one hand and to use the energy of an explosive to expel a projectile through a smooth or rifled bore. "Handgun" does not include a machine gun, as defined in s. 941.27 (1), a short-barreled rifle, as defined in s. 941.28 (1) (b), or a short-barreled shotgun, as defined in s. 941.28 (1) (c).

SB214-SSA2,9,18 (bq) "Intoxicant" means any alcohol beverage, controlled substance, or other drug, or any combination thereof.

SB214-SSA2,9,19 (c) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).

SB214-SSA2,9,21 (d) "Licensee" means an individual holding a valid license to carry a concealed weapon issued under this section.

SB214-SSA2,9,22 (e) "Misdemeanor crime of violence" means any of the following:

SB214-SSA2,9,24 1. A misdemeanor violation of chs. 940, 941, or 948 or of s. 947.013 or a violation of s. 947.01.

SB214-SSA2,10,2 2. A crime under federal law or the law of another state that is comparable to a crime described in subd. 1.

SB214-SSA2,10,4 (eg) "Misdemeanor delinquency adjudication" means a finding that a juvenile is delinquent for an act that would be a misdemeanor if committed by an adult.

SB214-SSA2,10,6 (f) "Out-of-state authorization" means a valid permit document or a valid license document issued by another state to which all of the following apply:

SB214-SSA2,10,8 1. The permit document or license document documents that a person is authorized under the law of that state to carry a concealed weapon in that state.

SB214-SSA2,10,12 2. The permit document or license document is issued by that state only to those persons who meet training requirements and criminal background checks that are substantially similar to or more restrictive than those specified under sub. (3) (h) and (9g).

SB214-SSA2,10,16 (g) "Out-of-state licensee" means an individual who is 21 years of age or over, who has been issued an out-of-state authorization and who is not prohibited from possessing a firearm under s. 941.29 or from possessing a firearm that has been transported in interstate or foreign commerce under federal law.

SB214-SSA2,10,17 (h) "Private property" has the meaning given in s. 943.13 (1e) (e).

SB214-SSA2,10,19 (i) "Proprietor" means a person to whom a Class "B" or "Class B" license or permit has been issued under ch. 125.

SB214-SSA2,10,22 (ig) "Purpose of authorized analysis" means for the purpose of determining or obtaining evidence of the presence, quantity, or concentration of any intoxicant in a person's blood, breath, or urine.

SB214-SSA2,10,24 (is) "Test facility" means a test facility or agency prepared to administer tests under s. 343.305 (2).

SB214-SSA2,11,2 (j) "Weapon" means a handgun, an electric weapon, as defined in s. 941.295 (4), a tear gas gun, a knife other than a switchblade knife under s. 941.24, or a billy club.

SB214-SSA2,11,7 (2) Issuance of license. (a) Except as provided in pars. (b) 1. and (c), each county, through its sheriff, shall issue licenses to carry a concealed weapon to an individual who meets the qualifications specified in sub. (3) and who completes the application process specified in sub. (7). A license to carry a concealed weapon issued under this section shall meet the requirements specified in sub. (2m).

SB214-SSA2,11,10 (b) 1. A sheriff may, but is not required to, issue licenses to carry a concealed weapon under this section if, before the first day of the 4th month beginning after the effective date of this subdivision .... [revisor inserts date], all of the following occur:

SB214-SSA2,11,12 a. The sheriff requests the county board of the sheriff's county to authorize him or her to decline to issue licenses to carry a concealed weapon under this section.

SB214-SSA2,11,15 b. After receiving a request from the sheriff under subd. 1. a., the county board of the sheriff's county grants the sheriff's request by a two-thirds vote of all the members of the board.

SB214-SSA2,11,18 2. At any time the county board of the sheriff's county may rescind the authorization it grants under subd. 1. by a two-thirds vote of all members of the county board.

SB214-SSA2,11,22 (c) Any 2 or more sheriffs may by agreement jointly exercise powers granted to them and discharge duties imposed on them under this section. An agreement for joint issuance of licenses to carry a concealed weapon under this section may be entered into at any time and shall satisfy all of the following criteria:

SB214-SSA2,11,23 1. The agreement shall be in writing.

SB214-SSA2,11,25 2. The agreement shall be approved by the county board of the county of each sheriff who is a party to the agreement.

SB214-SSA2,12,3 2m. The agreement shall specify how the powers and duties that are the subject of the agreement are to be allocated among the sheriffs that are parties to the agreement.

SB214-SSA2,12,6 3. The agreement shall specify how costs incurred and moneys received under this section shall be apportioned among the sheriffs who are a party to the agreement and their respective counties.

SB214-SSA2,12,8 4. The agreement shall designate one county to be identified as the county of issuance.

SB214-SSA2,12,12 5. If a sheriff who is party to an agreement has issued licenses under this section before entering into the agreement, the agreement shall provide for the renewal of any licenses that were issued by that sheriff before he or she entered into the agreement.

SB214-SSA2,12,16 (2g) Carrying a concealed weapon; carrying and display of license document or authorization. (a) A licensee or an out-of-state licensee may carry a concealed weapon anywhere in this state except as provided under sub. (15m) or (16) or s. 943.13 (1m) (c) or 941.20 (1) (b).

SB214-SSA2,12,19 (b) A licensee shall carry his or her license document and an out-of-state licensee shall carry his or her out-of-state authorization at all times during which he or she is going armed with a concealed weapon.

SB214-SSA2,12,23 (c) If he or she is carrying a concealed weapon, a licensee shall display his or her license document and an out-of-state licensee shall display his or her out-of-state authorization to a law enforcement officer upon the request of the law enforcement officer.

SB214-SSA2,13,3 (2i) Preliminary breath screening test. (a) Requirement. A person shall provide a sample of his or her breath for a preliminary breath screening test if a law enforcement officer has probable cause to believe that the person is violating sub. (16) (cm) 1. and if, prior to an arrest, the law enforcement officer requested that the person provide this sample.

SB214-SSA2,13,8 (b) Use of test results. A law enforcement officer may use the results of a preliminary breath screening test for the purpose of deciding whether or not to arrest a person for a violation of sub. (16) (cm) 1. or for the purpose of deciding whether or not to request a chemical test under sub. (2k). Following the preliminary breath screening test, chemical tests may be required of the person under sub. (2k).

SB214-SSA2,13,12 (c) Admissibility. The result of a preliminary breath screening test is not admissible in any action or proceeding except to show probable cause for an arrest, if the arrest is challenged, or to show that a chemical test was properly required of a person under sub. (2k).

SB214-SSA2,13,14 (d) Refusal. There is no penalty for a violation of par. (a). Neither sub. (17) (b) nor the general penalty provision under s. 939.61 applies to that violation.

SB214-SSA2,13,20 (2j) Implied consent. Any person who carries a concealed weapon in this state is deemed to have given consent to provide one or more samples of his or her breath, blood, or urine for the purpose of authorized analysis as required under sub. (2k). Any person who carries a concealed weapon in this state is deemed to have given consent to submit to one or more chemical tests of his or her breath, blood, or urine for the purpose of authorized analysis as required under sub. (2k).

SB214-SSA2,14,3 (2k) Chemical tests. (a) Requirement. 1. `Samples; submission to tests.' A person shall provide one or more samples of his or her breath, blood, or urine for the purpose of authorized analysis if he or she is arrested for a violation of sub. (16) (cm) 1. and if he or she is requested to provide the sample by a law enforcement officer. A person shall submit to one or more chemical tests of his or her breath, blood, or urine for the purpose of authorized analysis if he or she is arrested for a violation of sub. (16) (cm) 1. and if he or she is requested to submit to the test by a law enforcement officer.

SB214-SSA2,14,7 2. `Information.' A law enforcement officer requesting a person to provide a sample or to submit to a chemical test under subd. 1. shall inform the person of all of the following at the time of the request and prior to obtaining the sample or administering the test:

SB214-SSA2,14,8 a. That he or she is deemed to have consented to tests under sub. (2i).

SB214-SSA2,14,11 b. That a refusal to provide a sample or to submit to a chemical test constitutes a violation under par. (e) and is subject to the same penalties and procedures as a violation of sub. (16) (cm) 1.

SB214-SSA2,14,13 c. That in addition to the designated chemical test under par. (b) 2. he or she may have an additional chemical test under par. (c) 1.

SB214-SSA2,14,19 3. `Unconscious person.' A person who is unconscious or otherwise not capable of withdrawing consent is presumed not to have withdrawn consent under this paragraph, and if a law enforcement officer has probable cause to believe that the person violated sub. (16) (cm) 1., one or more chemical tests may be administered to the person without a request under subd. 1. and without providing information under subd. 2.

SB214-SSA2,14,25 (b) Chemical tests. 1. `Test facility.' Upon the request of a law enforcement officer, a test facility shall administer a chemical test of breath, blood, or urine for the purpose of authorized analysis. A test facility shall be prepared to administer 2 of the 3 chemical tests of breath, blood, or urine for the purpose of authorized analysis. The department may enter into agreements for the cooperative use of test facilities.

SB214-SSA2,15,3 2. `Designated chemical test.' A test facility shall designate one chemical test of breath, blood, or urine which it is prepared to administer first for the purpose of authorized analysis.

SB214-SSA2,15,7 3. `Additional chemical test.' A test facility shall specify one chemical test of breath, blood, or urine, other than the test designated under subd. 2., which it is prepared to administer for the purpose of authorized analysis as an additional chemical test.

SB214-SSA2,15,18 4. `Validity; procedure.' A chemical test of blood or urine conducted for the purpose of authorized analysis is valid as provided under s. 343.305 (6). The duties and responsibilities of the laboratory of hygiene, department of health and family services, and department of transportation under s. 343.305 (6) apply to a chemical test of blood or urine conducted for the purpose of authorized analysis under this subsection. Blood may be withdrawn from a person arrested for a violation of sub. (16) (cm) 1. only by a physician, registered nurse, medical technologist, physician assistant, or person acting under the direction of a physician and the person who withdraws the blood, the employer of that person, and any hospital where blood is withdrawn have immunity from civil or criminal liability as provided under s. 895.53.

SB214-SSA2,16,2 5. `Report.' A test facility which administers a chemical test of breath, blood, or urine for the purpose of authorized analysis under this subsection shall prepare a written report which shall include the findings of the chemical test, the identification of the law enforcement officer or the person who requested a chemical test, and the identification of the person who provided the sample or submitted to the chemical test. The test facility shall transmit a copy of the report to the law enforcement officer and the person who provided the sample or submitted to the chemical test.

SB214-SSA2,16,9 (c) Additional and optional chemical tests. 1. `Additional chemical test.' If a person is arrested for a violation of sub. (16) (cm) 1. and if the person is requested to provide a sample or to submit to a test under par. (a) 1., the person may request the test facility to administer the additional chemical test specified under par. (b) 3. or, at his or her own expense, reasonable opportunity to have any qualified person administer a chemical test of his or her breath, blood, or urine for the purpose of authorized analysis.

SB214-SSA2,16,17 2. `Optional test.' If a person is arrested for a violation of sub. (16) (cm) 1. and if the person is not requested to provide a sample or to submit to a test under par. (a) 1., the person may request the test facility to administer a chemical test of his or her breath or, at his or her own expense, reasonable opportunity to have any qualified person administer a chemical test of his or her breath, blood, or urine for the purpose of authorized analysis. If a test facility is unable to perform a chemical test of breath, the person may request the test facility to administer the designated chemical test under par. (b) 2. or the additional chemical test under par. (b) 3.

SB214-SSA2,16,19 3. `Compliance with request.' A test facility shall comply with a request under this paragraph to administer any chemical test that it is able to perform.

SB214-SSA2,16,23 4. `Inability to obtain chemical test.' The failure or inability of a person to obtain a chemical test at his or her own expense does not preclude the admission of evidence of the results of a chemical test required and administered under pars. (a) and (b).

SB214-SSA2,17,6 (d) Admissibility; effect of test results; other evidence. The results of a chemical test required or administered under par. (a), (b), or (c) are admissible in any civil or criminal action or proceeding arising out of the acts committed by a person alleged to have violated sub. (16) (cm) 1. on the issue of whether the person had alcohol concentrations at or above specified levels or was under the influence of an intoxicant. Results of these chemical tests shall be given the effect required under s. 885.235. This subsection does not limit the right of a law enforcement officer to obtain evidence by any other lawful means.

SB214-SSA2,17,13 (e) Refusal. No person may refuse a lawful request to provide one or more samples of his or her breath, blood, or urine or to submit to one or more chemical tests under par. (a). A person shall not be deemed to refuse to provide a sample or to submit to a chemical test if it is shown by a preponderance of the evidence that the refusal was due to a physical inability to provide the sample or to submit to the test due to a physical disability or disease unrelated to the use of an intoxicant. Issues in any action concerning a violation of par. (a) or this paragraph are limited to:

SB214-SSA2,17,15 1. Whether the law enforcement officer had probable cause to believe the person was violating or had violated sub. (16) (cm) 1.

SB214-SSA2,17,17 2. Whether the person was lawfully placed under arrest for violating sub. (16) (cm) 1.

SB214-SSA2,17,21 3. Whether the law enforcement officer requested the person to provide a sample or to submit to a chemical test and provided the information required under par. (a) 2. or whether the request and information were unnecessary under par. (a) 3.