Amendment SSA2-SB403

SB403-SSA2,48,2 b. The person is under the influence of an intoxicant to a degree which materially impairs his or her ability to handle the weapon.

SB403-SSA2,48,7 2. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of subd. 1. a. or b. or both for acts arising out of the same incident or occurrence. If the person is charged with violating both subd. 1. a. and b., the offenses shall be joined. Subdivision 1. a. and b. each requires proof of a fact for conviction which the other does not require.

SB403-SSA2,48,9 (d) Paragraphs (a), (at), (b), and (c) do not apply to a peace officer, as defined in s. 939.22 (22).

SB403-SSA2,48,11 (17) Penalties. (a) Any person who violates sub. (2g) (b) or (c) may be required to forfeit not more than $25.

SB403-SSA2,48,13 (ag) Any person who violates sub. (12) or (12g) may be fined not more than $500 or sentenced to a term of imprisonment of not more than 30 days or both.

SB403-SSA2,48,16 (ar) Any law enforcement officer who uses excessive force based solely on an individual's status as a licensee may be fined not more than $500 or sentenced to a term of imprisonment of not more than 30 days or both.

SB403-SSA2,48,18 (b) Any person who violates sub. (16) (a), (at), (b), or (c) may be fined not more than $1,000 or imprisoned for not more than 90 days or both.

SB403-SSA2,48,20 (bm) Any person who violates sub. (2k) (e) or (16) (cm) 1. may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

SB403-SSA2,48,25 (c) Any person who submits an intentionally false notarized statement under sub. (7) (b) or (15) (b) 2. or who intentionally makes a false statement to the department in requesting or in connection with the issuance of an emergency license under sub. (9r) shall be fined not less than $500 nor more than $10,000 and may be imprisoned for not more than 9 months.

SB403-SSA2,49,2 (d) Any person who intentionally violates sub. (11) (b) 1. shall be fined not less than $500 nor more than $10,000 and may be imprisoned for not more than 9 months.

SB403-SSA2,49,6 (e) Any person required under sub. (14) (b) 2. to relinquish or deliver a license document to the department 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.

SB403-SSA2,49,13 (19) Statistical report. 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 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.

SB403-SSA2,49,16 (20m) Grants for shooting ranges. (a) Using the fees collected under subs. (7) (bp) and (15) (b) 4. c., a county shall award grants to persons for construction or improvement of shooting ranges.

SB403-SSA2,49,19 (b) A grant awarded under this subsection may be for up to 50 percent 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:

SB403-SSA2,49,21 1. The construction of clubhouses and facilities that are not essential to the operation of the shooting range.

SB403-SSA2,49,22 2. The operation and maintenance of the shooting range.

SB403-SSA2,49,25 (c) In order to receive a grant under this subsection, the person creating or improving a shooting range shall agree to provide the facility for a firearm safety course or class that meets the requirements under sub. (3m) (a).

SB403-SSA2,50,5 (d) In determining whether to make a grant under this subsection to a particular applicant, the county shall consider the potential of the project to meet the needs of firearm safety courses or classes that meet the requirements under sub. (3m) in the area served by the shooting range relative to the proposed cost of the construction or improvement.

SB403-SSA2,50,9 (21) Immunity. (a) The department and its employees, clerks, as defined in sub. (11) (a) 1. a., and their staff, and court automated information systems, as defined under sub. (11) (a) 1. b., and their employees are immune from liability arising from any act or omission under this section, if done in good faith.

SB403-SSA2,50,12 (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) 1.

SB403-SSA2,50,15 (c) A person that permits an individual to carry a concealed weapon on property that the person owns or occupies is immune from any liability arising from its decision to do so, if done in good faith.

SB403-SSA2,50,18 (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.

SB403-SSA2, s. 38 Section 38. 341.175 of the statutes is created to read:

SB403-SSA2,50,21 341.175 Department to maintain records. (1) In this section, "licensee" has the meaning given in s. 175.50 (1) (d).

SB403-SSA2,51,2 (2) Using the information provided under s. 175.50 (12r) and obtained through rules promulgated under sub. (3), the department shall maintain a record of each owner who is a licensee. If its records indicate that an owner of a vehicle is a licensee, the department shall, in its registration records for that vehicle, include a confidential entry that informs a law enforcement officer who requests information regarding that vehicle that the owner is a licensee.

SB403-SSA2,51,6 (3) The department, in consultation with the department of justice, shall promulgate rules specifying how it shall obtain the vehicle registration number for a licensee, as defined in s. 175.50 (1) (d), if there was no motor vehicle registered to the person when he or she became a licensee.

SB403-SSA2,51,9 (4) A law enforcement officer may request information maintained by the department under sub. (2) only if he or she is conducting a vehicle stop that meets the requirements of s. 349.02 (2) (a).

SB403-SSA2,51,11 (5) (a) Notwithstanding s. 19.35, neither the department nor any of its employees may make information maintained under sub. (2) available to the public.

SB403-SSA2,51,14 (b) Neither the department nor any of its employees may store, maintain, format, sort, or access information regarding licensees based on their status as licensees.

SB403-SSA2,51,16 (6) A person who violates sub. (4) or (5) may be fined not more than $500 or sentenced to a term of imprisonment of not more than 30 days or both.

SB403-SSA2, s. 39 Section 39. 440.26 (3m) of the statutes is renumbered 440.26 (3m) (intro.) and amended to read:

SB403-SSA2,51,23 440.26 (3m) Rules concerning dangerous weapons. (intro.) 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 meet the minimum requirements specified in 15 USC 5902 (b). and shall allow all of the following:

SB403-SSA2, s. 40 Section 40. 440.26 (3m) (a) of the statutes is created to read:

SB403-SSA2,52,3 440.26 (3m) (a) A person who is employed in this state by a public agency as a law enforcement officer to carry a concealed firearm if s. 941.23 (1) (e) 2. to 5. and (2) (b) 1. to 3. applies.

SB403-SSA2, s. 41 Section 41. 440.26 (3m) (b) of the statutes is created to read:

SB403-SSA2,52,6 440.26 (3m) (b) A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (e), to carry a concealed firearm if s. 941.23 (2) (b) 1. to 3. applies.

SB403-SSA2, s. 42 Section 42. 440.26 (3m) (c) of the statutes is created to read:

SB403-SSA2,52,9 440.26 (3m) (c) A retired law enforcement officer, as defined in s. 941.23 (1) (f), to carry a concealed firearm if s. 941.23 (2) (c) 1. to 7. applies.

SB403-SSA2, s. 43 Section 43. 440.26 (3m) (d) of the statutes is created to read:

SB403-SSA2,52,13 440.26 (3m) (d) A licensee, as defined in s. 175.50 (1) (d), or an out-of-state licensee, as defined in s. 175.50 (1) (g), to go armed with a concealed weapon as permitted under s. 175.50.

SB403-SSA2, s. 44 Section 44. 813.12 (6) (am) 1. of the statutes is amended to read:

SB403-SSA2,52,21 813.12 (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).

SB403-SSA2, s. 45 Section 45. 813.122 (9) (am) 1. of the statutes is amended to read:

SB403-SSA2,53,3 813.122 (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).

SB403-SSA2, s. 46 Section 46. 813.125 (5r) (a) of the statutes is amended to read:

SB403-SSA2,53,11 813.125 (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).

SB403-SSA2, s. 47 Section 47. 885.235 (1g) (intro.) of the statutes is amended to read:

SB403-SSA2,54,2 885.235 (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:

SB403-SSA2, s. 48 Section 48. 885.235 (1g) (e) of the statutes is created to read:

SB403-SSA2,54,10 885.235 (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.

SB403-SSA2, s. 49 Section 49. 938.396 (8) of the statutes is amended to read:

SB403-SSA2,54,18 938.396 (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).

SB403-SSA2, s. 50 Section 50. 938.396 (8m) of the statutes is created to read:

SB403-SSA2,54,25 938.396 (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.

SB403-SSA2,55,7 (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.

SB403-SSA2,55,9 (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).

SB403-SSA2, s. 51 Section 51. 941.23 of the statutes is renumbered 941.23 (2) (intro.) and amended to read:

SB403-SSA2,55,14 941.23 (2) (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.:

SB403-SSA2, s. 52 Section 52. 941.23 (1) of the statutes is created to read:

SB403-SSA2,55,16 941.23 (1) In this section:

SB403-SSA2,55,17 (a) "Destructive device" has the meaning given in 18 USC 921 (a) (4).

SB403-SSA2,55,18 (c) "Former employer" has the meaning given in s. 175.49 (1) (b).

SB403-SSA2,55,19 (d) "Law enforcement officer" has the meaning given in s. 175.49 (1) (c).

SB403-SSA2,55,21 (e) "Qualified out-of-state law enforcement officer" means a law enforcement officer to whom all of the following apply:

SB403-SSA2,55,23 1. The person is employed by a state or local government agency in another state.

SB403-SSA2,55,24 2. The agency has authorized the person to carry a firearm.

SB403-SSA2,55,25 3. The person is not the subject of any disciplinary action by the agency.

SB403-SSA2,56,2 4. The person meets all standards established by the agency to qualify the person on a regular basis to use a firearm.

SB403-SSA2,56,3 5. The person is not prohibited under federal law from possessing a firearm.

SB403-SSA2,56,5 (f) "Retired law enforcement officer" means a person who, before retiring, was employed as a law enforcement officer with a public agency.

SB403-SSA2, s. 53 Section 53. 941.23 (2) (a) of the statutes is created to read:

SB403-SSA2,56,7 941.23 (2) (a) A peace officer.

SB403-SSA2, s. 54 Section 54. 941.23 (2) (b) of the statutes is created to read:

SB403-SSA2,56,10 941.23 (2) (b) A qualified out-of-state law enforcement officer. This paragraph applies only if all of the following apply:

SB403-SSA2,56,12 1. The weapon is a firearm but is not a machine gun, as defined in s. 941.27 (1), or a destructive device.

SB403-SSA2,56,13 2. A firearm silencer, as defined in s. 941.298 (1), is not attached to the weapon.

SB403-SSA2,56,14 3. The officer is not under the influence of an intoxicant.

SB403-SSA2, s. 55 Section 55. 941.23 (2) (c) of the statutes is created to read:

SB403-SSA2,56,17 941.23 (2) (c) A retired law enforcement officer. This paragraph applies only if all of the following apply:

SB403-SSA2,56,19 1. The retired officer has been issued a photographic identification document described in s. 941.23 (3) (b) 1. or both of the following:

SB403-SSA2,56,21 a. A photographic identification document described in s. 941.23 (3) (b) 2. (intro.).

SB403-SSA2,56,24 b. An identification card described in s. 941.23 (3) (b) 2. a., if the retired officer resides in this state, or a certification described in s. 941.23 (3) (b) 2. b., if the retired officer resides in another state.

SB403-SSA2,57,3 2. The weapon is a firearm that is of the type described in a photographic identification document described in subd. 1. (intro.) or a certification described in subd. 1. b.

SB403-SSA2,57,6 3. Within the preceding 12 months, the retired officer met the standards of the state in which he or she resides for training and qualification for active duty law enforcement officers to carry firearms.

SB403-SSA2,57,8 4. The weapon is not a machine gun, as defined in s. 941.27 (1), or a destructive device.

SB403-SSA2,57,9 5. A firearm silencer, as defined in s. 941.298 (1), is not attached to the weapon.

SB403-SSA2,57,10 6. The retired officer is not under the influence of an intoxicant.

SB403-SSA2,57,12 7. The retired officer is not prohibited under federal law from possessing a firearm.

SB403-SSA2, s. 56 Section 56. 941.23 (2) (d) of the statutes is created to read: