LRBa1649/1
MGD:cjs&kjf:pg
2005 - 2006 LEGISLATURE
ASSEMBLY AMENDMENT 3,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2005 ASSEMBLY BILL 763
November 30, 2005 - Offered by Joint Committee on Finance.
AB763-ASA1-AA3,1,11 At the locations indicated, amend the substitute amendment as follows:
AB763-ASA1-AA3,1,7 21. Page 7, line 19: delete "List of concealed-carry license approved states."
3and substitute "Rules regarding concealed weapons licenses. (a) Promulgate
4rules providing a procedure by which the department may file a petition under s.
5175.50 (10m) and a license may be revoked under s. 175.50 (14) with respect to a
6person who is issued a license under s. 175.50 (9r) and who, as a result of being
7licensed, poses a substantial risk to others.
AB763-ASA1-AA3,1,9 92. Page 25, line 23: delete "and" and substitute "or".
AB763-ASA1-AA3,1,10 103. Page 25, line 25: after that line insert:
AB763-ASA1-AA3,2,3
1"(mr) The individual has not been prohibited from obtaining a license under
2sub. (10m) based on the individual having committed a misdemeanor crime of
3violence.".
AB763-ASA1-AA3,2,4 44. Page 30, line 1: delete "Within" and substitute "Subject to par. (c), within".
AB763-ASA1-AA3,2,5 55. Page 30, line 8: after that line insert:
AB763-ASA1-AA3,2,7 6"(c) The time period specified in par. (b) (intro.) is tolled during the pendency
7of any action brought under sub. (10m).".
AB763-ASA1-AA3,2,8 86. Page 33, line 14: after that line insert:
AB763-ASA1-AA3,2,17 9"(10m) Disqualification petition regarding certain misdemeanants. (a) If the
10department receives an application for a license under this section from a person who
11has committed a misdemeanor crime of violence and the person is eligible for a
12license under sub. (3) (m), the department may file a petition under this subsection
13asking the circuit court to enter an order barring the person from receiving a license.
14The department may only file such a petition if the petition alleges that, based on the
15person's commission of one or more misdemeanor crimes of violence, the person
16would pose a substantial risk to others if the person were issued a license under this
17section.
AB763-ASA1-AA3,2,2218 (b) The department shall file any such petition in the circuit court of the
19person's county of residence. The department may not file the petition more than 30
20days after receiving the person's completed application, unless the person was issued
21a license under sub. (9r). The court shall allow the person 30 days to file an answer
22to the petition. The court may hold an evidentiary hearing on the petition.
AB763-ASA1-AA3,3,223 (c) If the court determines, by clear and convincing evidence, that the person
24would pose a substantial risk to others if the person were issued a license under this

1section, the court shall enter an order prohibiting the person from obtaining a license
2under this section.
AB763-ASA1-AA3,3,43 (d) If the court denies the department's petition, the court shall award the
4person costs and reasonable attorney fees.
AB763-ASA1-AA3,3,55 (e) The court shall expedite any proceeding brought under this subsection.".
AB763-ASA1-AA3,3,6 67. Page 36, line 6: after that line insert:
AB763-ASA1-AA3,3,12 7"(12m) Publication of records by the department. Notwithstanding s. 19.35,
8neither the department nor any department employee may make information
9obtained under this section available to the public except in the context of a
10prosecution for an offense in which the person's status as a licensee is relevant, in
11the context of a proceeding under sub. (10m), or through a report created under sub.
12(19).".
AB763-ASA1-AA3,3,13 138. Page 59, line 1: delete "section" and substitute "sections 165.25 (11) (a) and".
AB763-ASA1-AA3,3,14 149. Page 59, line 11: after "sections" insert "165.25 (11) (a),".
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