SB214: Bill Text Engrossed

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.

SB214-engrossed, s. 52 Section 52. 943.13 (2) (bm) of the statutes is created to read:

SB214-engrossed,59,18 943.13 (2) (bm) 1. In this paragraph, "sign" means a sign that states a restriction imposed under subd. 2. that is at least 8.5 inches by 11 inches.

SB214-engrossed,59,23 2. For the purposes of sub. (1m) (c) 2., an owner or occupant of a part of a nonresidential building has notified an individual not to enter or remain in that part of the nonresidential building while going armed with a concealed weapon or with a particular type of concealed weapon if the owner or occupant has done all of the following:

SB214-engrossed,59,25 a. Posted a sign that is located in a prominent place near the primary entrance to the part of the nonresidential building to which the restriction applies.

SB214-engrossed,60,1 b. Personally and orally notified the individual of the restriction.

SB214-engrossed, s. 53 Section 53. 943.13 (3) of the statutes is amended to read:

SB214-engrossed,60,6 943.13 (3) Whoever erects on the land of another signs which are the same as or similar to those described in sub. (2) (am) without obtaining the express consent of the lawful occupant of or holder of legal title to such land is subject to a Class C forfeiture.

SB214-engrossed, s. 54 Section 54. 946.32 (3) of the statutes is created to read:

SB214-engrossed,60,9 946.32 (3) This section does not apply to offenses that may be prosecuted under s. 175.50 (17) (c).

SB214-engrossed, s. 55 Section 55. 948.605 (2) (c) of the statutes is created to read:

SB214-engrossed,60,14 948.605 (2) (c) Paragraph (a) does not apply to the possession of a handgun, as defined in s. 175.50 (1) (bm), by an individual holding a valid license under s. 175.50 or authorized under the law of another state to go armed with a concealed handgun who is going armed with a concealed handgun as permitted under s. 175.50.

SB214-engrossed, s. 56 Section 56. 948.61 (3m) of the statutes is created to read:

SB214-engrossed,60,20 948.61 (3m) This section does not apply to the possession of a weapon, as defined in s. 175.50 (1) (j), other than a handgun, as defined in s. 175.50 (1) (bm), by 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 who is going armed with a concealed weapon as permitted under s. 175.50.

SB214-engrossed, s. 57 Section 57.0 Nonstatutory provisions.

SB214-engrossed,61,6 (1) Using the procedure under section 227.24 of the statutes, the department of justice shall promulgate rules required under sections 165.25 (11) (a) and 175.35 (2g) (c) 3. of the statutes and under section 175.50 (9g) (f) of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under those sections, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of an emergency for a rule promulgated under this subsection.

SB214-engrossed, s. 58 Section 58. Effective dates. This act takes effect on the first day of the 5th month beginning after publication, except as follows:

SB214-engrossed,61,10 (1) The treatment of sections 165.25 (11) (a) and 175.50 (2) (b), (2m), and (5) of the statutes takes effect on the day after publication.

SB214-engrossed,61,11 (End)