SB214: Bill Text Engrossed

SB214-engrossed,48,8 (e) Any person required under sub. (14) (b) 2. to relinquish or deliver a license document to a sheriff who intentionally violates the requirements of that subdivision shall be fined not less than $500 nor more than $10,000 and may be imprisoned for not more than 9 months.

SB214-engrossed,48,11 (18) Access to records. Records created or kept under this section by the department or a sheriff, other than reports created under sub. (19) or records created under sub. (20), are not subject to access under s. 19.35.

SB214-engrossed,48,19 (19) Statistical report. (a) By February 1 of each year, a sheriff who is issuing or renewing licenses under this section shall submit a statistical report to the department indicating the number of licenses applied for, issued, denied, suspended, and revoked under this section during the previous calendar year. For the licenses denied, the report shall indicate the reasons for the denials and the part of the application process during which the reasons for denial were discovered. For the licenses suspended or revoked, the report shall indicate the reasons for the suspensions and revocations.

SB214-engrossed,49,2 (b) By March 1 of each year, the department shall submit a statistical report to the legislature under s. 13.172 (2) and to the governor that is compiled from the reports submitted under par. (a) and that indicates the number of licenses applied for, issued, denied, suspended, and revoked under this section during the previous calendar year. For the licenses denied, the report shall indicate the reasons for the denials and the part of the application process in which the reasons for denial were discovered. For the licenses suspended or revoked, the report shall indicate the reasons for the suspensions and revocations.

SB214-engrossed,49,8 (20) Law enforcement excellence fund. (a) If a county's sheriff issues licenses under sub. (2) (a) or is party to an agreement under sub. (2) (c), the county board shall establish a law enforcement excellence fund. All money received by a sheriff from payments made under subs. (7) (bt) and (15) (b) 4. d. shall be deposited in accordance with s. 59.25 (3) (u) 4. in the law enforcement excellence fund established under this subsection.

SB214-engrossed,49,11 (b) A law enforcement excellence fund established under this subsection shall be used to improve law enforcement services in the county and may not be used to supplant or replace other funds otherwise available to the sheriff.

SB214-engrossed,49,14 (20m) Grants for shooting ranges. (a) Using the fees collected under sub. (7) (bp) and (15) (b) 4. c., a sheriff issuing licenses under this section shall award grants to persons for construction or improvement of shooting ranges.

SB214-engrossed,49,17 (b) A grant awarded under this subsection may be for up to 50% of the cost of the construction or improvement of the shooting range. A grant awarded under this subsection may not be used to pay for any of the following:

SB214-engrossed,49,19 1. The construction of clubhouses and facilities that are not essential to the operation of the shooting range.

SB214-engrossed,49,20 2. The operation and maintenance of the shooting range.

SB214-engrossed,49,24 (c) In order to receive a grant under this subsection, the person creating or improving a shooting range shall agree to provide, for a fee of not more than $20, a firearm safety course or class that will qualify an individual to satisfy the requirements under sub. (3) (h) for a license to carry a concealed weapon.

SB214-engrossed,50,5 (d) In determining whether to make a grant under this subsection to a particular applicant, the sheriff shall consider the potential of the project to meet the needs of firearm safety courses or classes that meet the requirements under sub. (4m) in the area served by the shooting range relative to the proposed cost of the construction or improvement.

SB214-engrossed,50,10 (21) Immunity. (a) The department and its employees, sheriffs and their employees, clerks, as defined in sub. (11) (d) 1. a., and their staff, court automated information systems, as defined under sub. (11) (d) 1. b., and its employees, and counties and their employees are immune from liability arising from any act or omission under this section, if done in good faith.

SB214-engrossed,50,13 (b) A person providing a firearm safety or firearm training course or class in good faith is immune from liability arising from any act or omission related to the course or class if the course or class is one described in sub. (3) (h).

SB214-engrossed,50,16 (c) A business or a nonprofit organization that permits a person to carry a concealed weapon on property that it owns or occupies is immune from any liability arising from its decision to do so, if done in good faith.

SB214-engrossed,50,19 (d) An employer that permits any of its employees to carry a concealed weapon under sub. (15m) is immune from any liability arising from its decision to do so, if done in good faith.

SB214-engrossed, s. 22 Section 22. 440.26 (3m) of the statutes is amended to read:

SB214-engrossed,51,2 440.26 (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 go armed with a concealed weapon as permitted under s. 175.50 if the person is licensed under that section and shall meet the minimum requirements specified in 15 USC 5902 (b).

SB214-engrossed, s. 23 Section 23. 813.12 (6) (am) 1. of the statutes is amended to read:

SB214-engrossed,51,10 813.12 (6) (am) 1. If an injunction is issued or extended under sub. (4) or if a tribal injunction is filed under s. 806.247 (3), the clerk of the circuit court shall notify the department of justice of the injunction and shall provide the department of justice with information concerning the period during which the injunction is in effect and information necessary to identify the respondent for purposes of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.50 (9g) (b).

SB214-engrossed, s. 24 Section 24. 813.12 (6) (am) 2. of the statutes is amended to read:

SB214-engrossed,51,16 813.12 (6) (am) 2. Except as provided in subd. 3., the department of justice may disclose information that it receives under subd. 1. only as part of a firearms restrictions 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-engrossed, s. 25 Section 25. 813.122 (9) (am) 1. of the statutes is amended to read:

SB214-engrossed,51,23 813.122 (9) (am) 1. If an injunction is issued or extended under sub. (5), the clerk of the circuit court shall notify the department of justice of the injunction and shall provide the department of justice with information concerning the period during which the injunction is in effect and information necessary to identify the respondent for purposes of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.50 (9g) (b).

SB214-engrossed, s. 26 Section 26. 813.122 (9) (am) 2. of the statutes is amended to read:

SB214-engrossed,52,5 813.122 (9) (am) 2. Except as provided in subd. 3., the department of justice may disclose information that it receives under subd. 1. only as part of a firearms restrictions 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-engrossed, s. 27 Section 27. 813.125 (5r) (a) of the statutes is amended to read:

SB214-engrossed,52,13 813.125 (5r) (a) If an order prohibiting a respondent from possessing a firearm is issued under sub. (4m), the clerk of the circuit court shall notify the department of justice of the existence of the order prohibiting a respondent from possessing a firearm and shall provide the department of justice with information concerning the period during which the order is in effect and information necessary to identify the respondent for purposes of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.50 (9g) (b).

SB214-engrossed, s. 28 Section 28. 813.125 (5r) (b) of the statutes is amended to read:

SB214-engrossed,52,19 813.125 (5r) (b) Except as provided in par. (c), the department of justice may disclose information that it receives under par. (a) only as part of a firearms restrictions 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-engrossed, s. 29 Section 29. 885.235 (1g) (intro.) of the statutes is amended to read:

SB214-engrossed,53,9 885.235 (1g) (intro.) In any action or proceeding in which it is material to prove that a person was under the influence of an intoxicant or had a prohibited alcohol concentration or a specified alcohol concentration while operating or driving a motor vehicle or, if the vehicle is a commercial motor vehicle, on duty time, while operating a motorboat, except a sailboat operating under sail alone, while operating a snowmobile, while operating an all-terrain vehicle, while going armed with a concealed weapon, or while handling a firearm, evidence of the amount of alcohol in the person's blood at the time in question, as shown by chemical analysis of a sample of the person's blood or urine or evidence of the amount of alcohol in the person's breath, is admissible on the issue of whether he or she was under the influence of an intoxicant or had a prohibited alcohol concentration or a specified alcohol concentration if the sample was taken within 3 hours after the event to be proved. The chemical analysis shall be given effect as follows without requiring any expert testimony as to its effect:

SB214-engrossed, s. 30 Section 30. 885.235 (1g) (e) of the statutes is created to read:

SB214-engrossed,53,17 885.235 (1g) (e) In a case brought under s. 175.50 (16) (cm) 1. a. or b., the fact that the analysis shows that the person had an alcohol concentration of more than 0.0 but less than 0.08 is relevant evidence on the issue of whether the person was intoxicated or had an alcohol concentration of 0.08 or more but is not to be given any prima facie effect. In a case brought under s. 175.50 (16) (cm) 1. a., the fact that the analysis shows that the person had an alcohol concentration of 0.08 or more is prima facie evidence that he or she had an alcohol concentration of 0.08 or more.

SB214-engrossed, s. 31 Section 31. 938.396 (8) of the statutes is amended to read:

SB214-engrossed,54,2 938.396 (8) Notwithstanding sub. (2), if a juvenile is adjudged delinquent for an act that would be a felony if committed by an adult, the court clerk shall notify the department of justice of that fact. No other information from the juvenile's court records may be disclosed to the department of justice except by order of the court. The department of justice may disclose any information provided under this subsection only as part of a firearms restrictions 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-engrossed, s. 32 Section 32. 938.396 (8m) of the statutes is created to read:

SB214-engrossed,54,9 938.396 (8m) (a) Notwithstanding sub. (2), if a juvenile is adjudged delinquent for an act that would be a misdemeanor crime of violence, as defined in s. 175.50 (1) (e), if committed by an adult, the court clerk shall notify the department of justice of that fact. Except as provided in par. (b), no other information from the juvenile's court records may be disclosed to the department of justice except by order of the court.

SB214-engrossed,54,16 (b) If an applicant for a license to carry a concealed weapon under s. 175.50 was adjudicated delinquent as a juvenile in a case covered by par. (a), the department of justice may request permission to review court records relating to the case for the purpose of determining whether the applicant meets the requirement under s. 175.50 (3) (m). Upon receiving such a request, the court shall open for inspection by authorized representatives of the department of justice the records of the court relating to that case.

SB214-engrossed,54,19 (c) The department of justice may disclose information provided or obtained under this subsection only as part of 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-engrossed, s. 33 Section 33. 941.20 (1) (a) of the statutes is amended to read:

SB214-engrossed,54,22 941.20 (1) (a) Endangers another's safety by the negligent operation or handling of a dangerous weapon; or.

SB214-engrossed, s. 34 Section 34. 941.20 (1) (b) of the statutes is amended to read:

SB214-engrossed,54,25 941.20 (1) (b) Operates or goes armed with a firearm while he or she is under the influence of an intoxicant; or.

SB214-engrossed, s. 35 Section 35. 941.20 (1) (bm) of the statutes is created to read:

SB214-engrossed,55,7 941.20 (1) (bm) Goes armed with a firearm while he or she is under the influence of an intoxicant. This paragraph does not apply to a licensee, as defined in s. 175.50 (1) (d), or an out-of-state licensee, as defined in s. 175.50 (1) (g), who goes armed with a concealed handgun, as defined in s. 175.50 (1) (bm), while he or she is under the influence of an intoxicant or while he or she has an alcohol concentration, as defined in s. 340.01 (1v), that exceeds 0.08.

SB214-engrossed, s. 36 Section 36. 941.23 of the statutes is renumbered 941.23 (1) (intro.) and amended to read:

SB214-engrossed,55,12 941.23 (1) (intro.) Any person except a peace officer, other than one of the following, who goes armed with a concealed and dangerous weapon is guilty of a Class A misdemeanor.:

SB214-engrossed, s. 37 Section 37. 941.23 (1) (a) of the statutes is created to read:

SB214-engrossed,55,14 941.23 (1) (a) A peace officer.

SB214-engrossed, s. 38 Section 38. 941.23 (1) (b) of the statutes is created to read:

SB214-engrossed,55,18 941.23 (1) (b) An individual holding a valid license under s. 175.50 or authorized under the law of another state to go armed with a concealed weapon in that state, if the dangerous weapon is a weapon, as defined under s. 175.50 (1) (j).

SB214-engrossed, s. 39 Section 39. 941.23 (1) (c) of the statutes is created to read:

SB214-engrossed,55,23 941.23 (1) (c) An individual who goes armed with a concealed and dangerous weapon, as defined in s. 175.50 (1) (j), in his or her own dwelling or place of business or on land that he or she owns, leases, or legally occupies, unless he or she is prohibited under federal or state law from possessing that weapon.

SB214-engrossed, s. 40 Section 40. 941.23 (2) of the statutes is created to read:

SB214-engrossed,56,5 941.23 (2) An individual formerly licensed under s. 175.50 whose license has been suspended or revoked under s. 175.50 (14) may not assert his or her refusal to accept or failure to receive a notice of revocation or suspension mailed under s. 175.50 (14) (b) 2. as a defense to prosecution under sub. (1), regardless of whether the person has complied with s. 175.50 (12).

SB214-engrossed, s. 41 Section 41. 941.235 (2) of the statutes is renumbered 941.235 (2) (intro.) and amended to read:

SB214-engrossed,56,8 941.235 (2) (intro.) This section does not apply to peace any of the following:

SB214-engrossed,56,10 (a) Peace officers or armed forces or military personnel who go armed in the line of duty or to any.

SB214-engrossed,56,13 (b) A 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).

SB214-engrossed, s. 42 Section 42. 941.235 (2) (c) of the statutes is created to read:

SB214-engrossed,56,17 941.235 (2) (c) An individual holding a valid license under s. 175.50 or authorized under the law of another state to go armed with a concealed weapon, as defined in s. 175.50 (1) (j), if the firearm is a handgun, as defined in s. 175.50 (1) (bm).

SB214-engrossed, s. 43 Section 43. 941.237 (3) (ct) of the statutes is created to read:

SB214-engrossed,56,21 941.237 (3) (ct) An individual holding a valid license under s. 175.50 or authorized under the law of another state to go armed with a concealed weapon in that state.

SB214-engrossed, s. 44 Section 44. 941.295 (2) (d) of the statutes is amended to read:

SB214-engrossed,57,3 941.295 (2) (d) Any manufacturer or seller whose of electric weapons are used in this state solely by persons, unless the manufacturer or seller engages in the conduct described in sub. (1) with the intent to provide an electric weapon to someone other than a person specified in pars. (a) to (c) or sub. (2g) (a) or to a person for use in his or her dwelling or place of business or on land that he or she owns, leases, or legally occupies.

SB214-engrossed, s. 45 Section 45. 941.295 (2g) of the statutes is created to read:

SB214-engrossed,57,6 941.295 (2g) The prohibition in sub. (1) on possessing or going armed with an electric weapon does not apply to any of the following:

SB214-engrossed,57,8 (a) An individual holding a valid license under s. 175.50 or authorized under the law of another state to go armed with a concealed weapon in that state.

SB214-engrossed,57,12 (b) An individual who goes armed with an electric weapon in his or her own dwelling or place of business or on land that he or she owns, leases, or legally occupies, unless he or she is prohibited under federal or state law from possessing that weapon.

SB214-engrossed, s. 46 Section 46. 941.295 (2r) of the statutes is created to read:

SB214-engrossed,57,15 941.295 (2r) The prohibition in sub. (1) on transporting an electric weapon does not apply to any of the following:

SB214-engrossed,57,17 (a) An individual holding a valid license under s. 175.50 or authorized under the law of another state to go armed with a concealed weapon in that state.

SB214-engrossed,57,19 (b) An individual who transports an electric weapon from any of the following places to any of the following places:

SB214-engrossed,57,20 1. His or her dwelling.

SB214-engrossed,57,21 2. His or her own place of business.

SB214-engrossed,57,22 3. Land that he or she owns, leases, or legally occupies.

SB214-engrossed, s. 47 Section 47. 943.13 (1e) (bm) of the statutes is created to read:

SB214-engrossed,57,25 943.13 (1e) (bm) "Licensee" means a licensee, as defined in s. 175.50 (1) (d), or an out-of-state licensee, as defined in s. 175.50 (1) (g).

SB214-engrossed, s. 48 Section 48. 943.13 (1e) (g) of the statutes is created to read:

SB214-engrossed,58,2 943.13 (1e) (g) "Weapon" has the meaning given in s. 175.50 (1) (j).

SB214-engrossed, s. 49 Section 49. 943.13 (1m) (b) of the statutes is amended to read:

SB214-engrossed,58,8 943.13 (1m) (b) Enters or remains on any land of another after having been notified by the owner or occupant not to enter or remain on the premises. This paragraph does not apply to a licensee if the owner's or occupant's intent is to prevent the licensee from going armed with a concealed weapon on the owner's or occupant's land.

SB214-engrossed, s. 50 Section 50. 943.13 (1m) (c) of the statutes is created to read:

SB214-engrossed,58,18 943.13 (1m) (c) 1. While going armed with a concealed weapon, enters or remains at a residence that the person does not own or occupy after the owner of the residence, if he or she has not leased it to another person, or the occupant of the residence has notified the actor not to enter or remain at the residence while going armed with a concealed weapon or with that type of concealed weapon. In this subdivision, "residence," with respect to a single-family residence, includes all of the premises, and "residence," with respect to a residence that is not a single-family residence, does not include any common area of the building in which the residence is located.

SB214-engrossed,58,25 2. While going armed with a concealed weapon, enters or remains in any part of a nonresidential building that the person does not own or occupy after the owner of the building, if he or she has not leased it to another person, or the occupant of the building has notified the actor not to enter or remain in the building while going armed with a concealed weapon or with that type of concealed weapon. This subdivision does not apply to a part of a building occupied by the state or one of its political subdivisions or to any part of a building used for parking.

SB214-engrossed, s. 51 Section 51. 943.13 (2) of the statutes is renumbered 943.13 (2) (am), and 943.13 (2) (am) (intro.) and 1., as renumbered, are amended to read:

SB214-engrossed,59,6 943.13 (2) (am) (intro.) A person has received notice from the owner or occupant within the meaning of sub. (1m) (b), (e) or (f) if he or she has been notified personally, either orally or in writing, or if the land is posted. Land is considered to be posted under this subsection paragraph under either of the following procedures:

SB214-engrossed,59,15 1. If a sign at least 11 inches square is placed in at least 2 conspicuous places for every 40 acres to be protected. The sign must carry an appropriate notice and the name of the person giving the notice followed by the word "owner" if the person giving the notice is the holder of legal title to the land and by the word "occupant" if the person giving the notice is not the holder of legal title but is a lawful occupant of the land. Proof that appropriate signs as provided in this paragraph subdivision were erected or in existence upon the premises to be protected prior to the event complained of shall be prima facie proof that the premises to be protected were posted as provided in this paragraph subdivision.