Amendment SSA3-SB214

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2003 - 2004 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 3, TO 2003 SENATE BILL 214

October 23, 2003 - Offered by Senator Carpenter.

SB214-SSA3,1,10 An Act to renumber and amend 29.091, 29.621 (4), 941.23 and 941.235 (2); to amend 23.33 (3) (e), 29.089 (2), 51.20 (13) (cv) 4., 51.20 (16) (gm), 51.30 (3) (a), 165.82 (1) (intro.), 165.82 (2), 440.26 (3m), 813.12 (6) (am) 1., 813.12 (6) (am) 2., 813.122 (9) (am) 1., 813.122 (9) (am) 2., 813.125 (5r) (a), 813.125 (5r) (b), 938.396 (8) and 941.295 (2) (d); and to create 29.091 (2), 29.621 (4) (b), 55.06 (17) (bm), 59.25 (3) (u), 167.31 (4) (ar), 175.50, 938.396 (8m), 941.23 (1) (a), 941.23 (1) (b), 941.23 (1) (c), 941.23 (2), 941.235 (2) (c), 941.237 (3) (ct), 941.295 (2g), 941.295 (2r), 946.32 (3), 948.605 (2) (c) and 948.61 (3m) of the statutes; relating to: carrying or going armed with a concealed weapon, requiring the exercise of rule-making authority, and providing penalties.

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

SB214-SSA3, s. 1 Section 1. 23.33 (3) (e) of the statutes is amended to read:

SB214-SSA3,2,4 23.33 (3) (e) With any firearm in his or her possession unless it is unloaded and enclosed in a carrying case, or. This paragraph does not apply to the possession 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.

SB214-SSA3,2,5 (em) With any bow unless it is unstrung or enclosed in a carrying case.

SB214-SSA3, s. 2 Section 2. 29.089 (2) of the statutes is amended to read:

SB214-SSA3,2,12 29.089 (2) Except as provided in sub. (3), no person may have in his or her possession or under his or her control a firearm on land located in state parks or state fish hatcheries unless the firearm is unloaded and enclosed within a carrying case. This subsection does not apply if the firearm is a handgun, as defined in s. 175.50 (1) (bm), and the person holds a valid license to carry a concealed weapon issued under s. 175.50.

SB214-SSA3, s. 3 Section 3. 29.091 of the statutes is renumbered 29.091 (1) and amended to read:

SB214-SSA3,2,22 29.091 (1) No person may hunt or trap within any wildlife refuge established under s. 23.09 (2) (b) or 29.621 (1), or, except as provided in sub. (2), have possession or control of any gun, firearm, bow or crossbow unless the gun or firearm is unloaded, the bow or crossbow is unstrung and the gun, firearm, bow or crossbow is enclosed within a carrying case. The taking of predatory game birds and animals shall be done as the department directs. All state wildlife refuge boundary lines shall be marked by posts placed at intervals of not over 500 feet and bearing signs with the words "Wisconsin Wildlife Refuge".

SB214-SSA3, s. 4 Section 4. 29.091 (2) of the statutes is created to read:

SB214-SSA3,3,2 29.091 (2) The prohibition of the possession or control of a loaded or unencased gun or firearm in sub. (1) does not apply to the possession 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.

SB214-SSA3, s. 5 Section 5. 29.621 (4) of the statutes is renumbered 29.621 (4) (a) and amended to read:

SB214-SSA3,3,11 29.621 (4) (a) Except as provided in s. 29.091 (1), no owner of a wildlife refuge, and no other person, may hunt or trap within the boundaries of any wildlife refuge or, except as provided in par. (b), have in his or her possession or under his or her control in the wildlife refuge a gun, firearm, bow or crossbow, unless the gun or firearm is unloaded, the bow or crossbow is unstrung and the gun, firearm, bow or crossbow is enclosed within a carrying case. Nothing in this section may prohibit, prevent or interfere with the department in the destruction of injurious animals.

SB214-SSA3, s. 6 Section 6. 29.621 (4) (b) of the statutes is created to read:

SB214-SSA3,3,16 29.621 (4) (b) The prohibition of the possession or control of a loaded or unencased gun or firearm in par. (a) does not apply to the possession 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.

SB214-SSA3, s. 7 Section 7. 51.20 (13) (cv) 4. of the statutes is amended to read:

SB214-SSA3,4,3 51.20 (13) (cv) 4. If the court prohibits a subject individual from possessing a firearm under subd. 1. or cancels a prohibition under subd. 2., the court clerk shall notify the department of justice of that fact and provide any information identifying the subject individual that is necessary to permit an accurate involuntary commitment history record search under s. 175.35 (2g) (c) or a background check under s. 175.50 (9g) (b). No other information from the subject individual's court records may be disclosed to the department of justice except by order of the court. The department of justice may disclose information provided under this subdivision only as part of an involuntary commitment history record search under s. 175.35 (2g) (c) or a background check under s. 175.50 (9g) (b) or to a sheriff under s. 175.50 (9g) (b) 3. a. or c. or (e) 1., (9r) (b) 2., or (11) (d) 3.

SB214-SSA3, s. 8 Section 8. 51.20 (16) (gm) of the statutes is amended to read:

SB214-SSA3,4,15 51.20 (16) (gm) Upon a request under par. (a), a court may cancel the prohibition under sub. (13) (cv) 1. if the court determines, based on evidence presented on the issue of the subject individual's dangerousness, that there no longer is a substantial probability that the individual may use a firearm to cause physical harm to himself or herself or endanger public safety. If a court cancels a prohibition under sub. (13) (cv) 1. under this paragraph, the court clerk shall notify the department of justice of that fact and provide any information identifying the subject individual that is necessary to permit an accurate involuntary commitment record search under s. 175.35 (2g) (c) or a background check under s. 175.50 (9g) (b). No other information from the subject individual's court records may be disclosed to the department of justice except by order of the court.

SB214-SSA3, s. 9 Section 9. 51.30 (3) (a) of the statutes is amended to read:

SB214-SSA3,4,20 51.30 (3) (a) Except as provided in pars. (b) and (c) and s. 175.50 (11) (d) 2. g. and 3., the files and records of the court proceedings under this chapter shall be closed but shall be accessible to any individual who is the subject of a petition filed under this chapter.

SB214-SSA3, s. 10 Section 10. 55.06 (17) (bm) of the statutes is created to read:

SB214-SSA3,4,25 55.06 (17) (bm) Paragraph (a) does not apply to a clerk, as defined in s. 175.50 (11) (d) 1., providing notice to the department of justice under s. 175.50 (11) (d) 2. h. of a finding of incompetency under ch. 880 or to the department of justice informing a sheriff under s. 175.50 (11) (d) 3. of such a finding made with respect to a licensee.

SB214-SSA3, s. 11 Section 11. 59.25 (3) (u) of the statutes is created to read:

SB214-SSA3,5,4 59.25 (3) (u) 1. Subject to the terms of an agreement under s. 175.50 (2) (c), deposit all moneys received under s. 175.50 (7) (bd) and (bp), (13), and (15) (b) 4. a. and c. and (d) 1. in the general fund of the county.

SB214-SSA3,5,6 2. Forward all moneys received under s. 175.50 (7) (bh) and (15) (b) 4. b. to the state treasurer for deposit in the general fund.

SB214-SSA3,5,10 4. Subject to the terms of an agreement under s. 175.50 (2) (c), deposit all moneys received from payments made under s. 175.50 (7) (bt) and (15) (b) 4. d. in the law enforcement excellence fund established under s. 175.50 (20) and make payments from the fund for the purposes of s. 175.50 (20) (b).

SB214-SSA3, s. 12 Section 12. 165.82 (1) (intro.) of the statutes, as affected by 2003 Wisconsin Act 33, is amended to read:

SB214-SSA3,5,15 165.82 (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-SSA3, s. 13 Section 13. 165.82 (2) of the statutes is amended to read:

SB214-SSA3,5,19 165.82 (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-SSA3, s. 14 Section 14. 167.31 (4) (ar) of the statutes is created to read:

SB214-SSA3,5,24 167.31 (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.

SB214-SSA3, s. 15 Section 15. 175.50 of the statutes is created to read:

SB214-SSA3,6,2 175.50 License to carry a concealed weapon. (1) Definitions. In this section:

SB214-SSA3,6,6 (ac) "Background check" means a search of department records, along with any follow-up undertaken by the department under sub. (9g) (b) 3. c., to determine whether a person is ineligible under sub. (3) (c), (d), (f), (g) 2. or 3., (k), (L), (m), (n), (o), or (r) for a license to carry a concealed weapon.

SB214-SSA3,6,7 (ag) Except in subs. (2g) (b) and (11) (c) 2., "carry" means to go armed with.

SB214-SSA3,6,8 (aj) "Department" means the department of justice.

SB214-SSA3,6,9 (am) "Drunk driving offense" means any of the following:

SB214-SSA3,6,10 1. A violation of s. 346.63 or a local ordinance in conformity with that section.

SB214-SSA3,6,12 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-SSA3,6,18 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-SSA3,6,23 (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-SSA3,6,24 (c) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).

SB214-SSA3,7,2 (d) "Licensee" means an individual holding a valid license to carry a concealed weapon issued under this section.

SB214-SSA3,7,3 (e) "Misdemeanor crime of violence" means any of the following:

SB214-SSA3,7,5 1. A misdemeanor violation of chs. 940, 941, or 948 or of s. 947.013 or a violation of s. 947.01.

SB214-SSA3,7,7 2. A crime under federal law or the law of another state that is comparable to a crime described in subd. 1.

SB214-SSA3,7,9 (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-SSA3,7,10 (h) "Private property" has the meaning given in s. 943.13 (1e) (e).

SB214-SSA3,7,12 (i) "Proprietor" means a person to whom a Class "B" or "Class B" license or permit has been issued under ch. 125.

SB214-SSA3,7,14 (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-SSA3,7,19 (2) Issuance of license. (a) Except as provided in pars. (am), (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-SSA3,7,21 (am) A county may choose not to issue licenses to carry a concealed weapon under this section if all of the following occur:

SB214-SSA3,7,22 1. One of the following occurs:

SB214-SSA3,8,2 a. A petition conforming to the requirements of s. 8.40 is filed as provided in s. 8.37 with the clerk of the county and the petition has been signed by at least 10 percent of the electors of the county requesting that the question of banning the carrying of concealed weapons in that county be submitted to the electors in a county referendum.