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(ac) "Background check" means a search of department and court records
13conducted under sub. (9g) to determine a person's eligibility for a license to carry a
14concealed weapon.
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(ag) Except in sub. (2g) (b), "carry" means to go armed with.
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(ah) "Controlled substance" means a controlled substance, as defined in s.
17961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m).
SB403-SSA3,14,1818
(aj) "Department" means the department of justice.
SB403-SSA3,14,1919
(am) "Drunk driving offense" means any of the following:
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1. A violation of s. 346.63 or a local ordinance in conformity with that section.
SB403-SSA3,14,2221
2. A violation of a law of a federally recognized American Indian tribe or band
22in this state in conformity with s. 346.63.
SB403-SSA3,15,323
3. A violation of the law of another jurisdiction, as defined in s. 340.01 (41m),
24that prohibits use of a motor vehicle while intoxicated, while under the influence of
25a controlled substance, a controlled substance analog, or a combination thereof, with
1an excess or specified range of alcohol concentration, or while under the influence of
2any drug to a degree that renders the person incapable of safely driving, as those or
3substantially similar terms are used in that jurisdiction's laws.
SB403-SSA3,15,84
(bm) "Handgun" means any weapon designed or redesigned, or made or
5remade, and intended to be fired while held in one hand and to use the energy of an
6explosive to expel a projectile through a smooth or rifled bore. "Handgun" does not
7include a machine gun, as defined in s. 941.27 (1), a short-barreled rifle, as defined
8in s. 941.28 (1) (b), or a short-barreled shotgun, as defined in s. 941.28 (1) (c).
SB403-SSA3,15,109
(bq) "Intoxicant" means any alcohol beverage, controlled substance, or other
10drug, or any combination thereof.
SB403-SSA3,15,1111
(bv) "Law enforcement agency" does not include the department.
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(c) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).
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(d) "Licensee" means an individual holding a valid license to carry a concealed
14weapon issued under this section.
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(e) "Misdemeanor crime of violence" means any of the following:
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1. A misdemeanor violation of chs. 940, 941, or 948 or of s. 947.013 or a violation
17of s. 947.01 or of sub. (2k) (e) or (16) (cm) 1.
SB403-SSA3,15,1918
2. A crime under federal law or the law of another state that is comparable to
19a crime described in subd. 1.
SB403-SSA3,15,2120
(eg) "Misdemeanor delinquency adjudication" means a finding that a juvenile
21is delinquent for an act that would be a misdemeanor if committed by an adult.
SB403-SSA3,15,2222
(er) "Motor vehicle" has the meaning given in s. 340.01 (35).
SB403-SSA3,15,2423
(gm) "Photo identification card" means an operator's license issued under ch.
24343 or an identification card issued under s. 343.50.
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(h) "Private property" has the meaning given in s. 943.13 (1e) (e).
SB403-SSA3,16,2
1(i) "Proprietor" means a person to whom a Class "B" or "Class B" license or
2permit has been issued under ch. 125.
SB403-SSA3,16,53
(ig) "Purpose of authorized analysis" means for the purpose of determining or
4obtaining evidence of the presence, quantity, or concentration of any intoxicant in a
5person's blood, breath, or urine.
SB403-SSA3,16,96
(im) "State identification card number" means the unique identifying driver
7number assigned to a person by the department of transportation under s. 343.17 (3)
8(a) 4. or, if the person presents, under sub. (6), an identification card issued under
9s. 343.50, the number assigned to the person on that identification card.
SB403-SSA3,16,1110
(is) "Test facility" means a test facility or agency prepared to administer tests
11under s. 343.305 (2).
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(j) "Weapon" means a handgun, an electric weapon, as defined in s. 941.295 (4),
13a knife other than a switchblade knife under s. 941.24, or a billy club.
SB403-SSA3,16,18
14(2) Issuance of license. The department shall issue licenses to carry a
15concealed weapon to an individual who meets the qualifications specified in sub. (3)
16and who completes the application process specified in sub. (7). A license to carry a
17concealed weapon issued under this section shall meet the requirements specified in
18sub. (2m).
SB403-SSA3,16,21
19(2g) Carrying a concealed weapon; carrying and display of license document
20or authorization. (a) A licensee may carry a concealed weapon anywhere in this
21state except as provided under sub. (16) or s. 941.20 (1) (b) or 943.13 (1m) (c).
SB403-SSA3,16,2322
(b) A licensee shall carry his or her license document and photo identification
23card at all times during which he or she is going armed with a concealed weapon.
SB403-SSA3,17,3
1(c) If he or she is carrying a concealed weapon, a licensee shall display his or
2her license document and photo identification card to a law enforcement officer upon
3the request of the law enforcement officer.
SB403-SSA3,17,8
4(2i) Preliminary breath screening test. (a)
Requirement. A person shall
5provide a sample of his or her breath for a preliminary breath screening test if a law
6enforcement officer has probable cause to believe that the person is violating sub.
7(16) (cm) 1. and if, prior to an arrest, the law enforcement officer requested that the
8person provide this sample.
SB403-SSA3,17,139
(b)
Use of test results. A law enforcement officer may use the results of a
10preliminary breath screening test for the purpose of deciding whether or not to arrest
11a person for a violation of sub. (16) (cm) 1. or for the purpose of deciding whether or
12not to request a chemical test under sub. (2k). Following the preliminary breath
13screening test, chemical tests may be required of the person under sub. (2k).
SB403-SSA3,17,1714
(c)
Admissibility. The result of a preliminary breath screening test is not
15admissible in any action or proceeding except to show probable cause for an arrest,
16if the arrest is challenged, or to show that a chemical test was properly required of
17a person under sub. (2k).
SB403-SSA3,17,1918
(d)
Refusal. There is no penalty for a violation of par. (a). Neither sub. (17) (b)
19nor the general penalty provision under s. 939.61 applies to that violation.
SB403-SSA3,17,25
20(2j) Implied consent. Any person who carries a concealed weapon in this state
21is deemed to have given consent to provide one or more samples of his or her breath,
22blood, or urine for the purpose of authorized analysis as required under sub. (2k).
23Any person who carries a concealed weapon in this state is deemed to have given
24consent to submit to one or more chemical tests of his or her breath, blood, or urine
25for the purpose of authorized analysis as required under sub. (2k).
SB403-SSA3,18,8
1(2k) Chemical tests. (a)
Requirement. 1. `Samples; submission to tests.' A
2person shall provide one or more samples of his or her breath, blood, or urine for the
3purpose of authorized analysis if he or she is arrested for a violation of sub. (16) (cm)
41. and if he or she is requested to provide the sample by a law enforcement officer.
5A person shall submit to one or more chemical tests of his or her breath, blood, or
6urine for the purpose of authorized analysis if he or she is arrested for a violation of
7sub. (16) (cm) 1. and if he or she is requested to submit to the test by a law
8enforcement officer.
SB403-SSA3,18,129
2. `Information.' A law enforcement officer requesting a person to provide a
10sample or to submit to a chemical test under subd. 1. shall inform the person of all
11of the following at the time of the request and prior to obtaining the sample or
12administering the test:
SB403-SSA3,18,1313
a. That he or she is deemed to have consented to tests under sub. (2i).
SB403-SSA3,18,1614
b. That a refusal to provide a sample or to submit to a chemical test constitutes
15a violation under par. (e) and is subject to the same penalties and procedures as a
16violation of sub. (16) (cm) 1.
SB403-SSA3,18,1817
c. That in addition to the designated chemical test under par. (b) 2. he or she
18may have an additional chemical test under par. (c) 1.
SB403-SSA3,18,2419
3. `Unconscious person.' A person who is unconscious or otherwise not capable
20of withdrawing consent is presumed not to have withdrawn consent under this
21paragraph, and if a law enforcement officer has probable cause to believe that the
22person violated sub. (16) (cm) 1., one or more chemical tests may be administered to
23the person without a request under subd. 1. and without providing information
24under subd. 2.
SB403-SSA3,19,6
1(b)
Chemical tests. 1. `Test facility.' Upon the request of a law enforcement
2officer, a test facility shall administer a chemical test of breath, blood, or urine for
3the purpose of authorized analysis. A test facility shall be prepared to administer
42 of the 3 chemical tests of breath, blood, or urine for the purpose of authorized
5analysis. The department may enter into agreements for the cooperative use of test
6facilities.
SB403-SSA3,19,97
2. `Designated chemical test.' A test facility shall designate one chemical test
8of breath, blood, or urine which it is prepared to administer first for the purpose of
9authorized analysis.
SB403-SSA3,19,1310
3. `Additional chemical test.' A test facility shall specify one chemical test of
11breath, blood, or urine, other than the test designated under subd. 2., which it is
12prepared to administer for the purpose of authorized analysis as an additional
13chemical test.
SB403-SSA3,19,2414
4. `Validity; procedure.' A chemical test of blood or urine conducted for the
15purpose of authorized analysis is valid as provided under s. 343.305 (6). The duties
16and responsibilities of the laboratory of hygiene, department of health and family
17services, and department of transportation under s. 343.305 (6) apply to a chemical
18test of blood or urine conducted for the purpose of authorized analysis under this
19subsection. Blood may be withdrawn from a person arrested for a violation of sub.
20(16) (cm) 1. only by a physician, registered nurse, medical technologist, physician
21assistant, or person acting under the direction of a physician and the person who
22withdraws the blood, the employer of that person, and any hospital where blood is
23withdrawn have immunity from civil or criminal liability as provided under s.
24895.53.
SB403-SSA3,20,8
15. `Report.' A test facility which administers a chemical test of breath, blood,
2or urine for the purpose of authorized analysis under this subsection shall prepare
3a written report which shall include the findings of the chemical test, the
4identification of the law enforcement officer or the person who requested a chemical
5test, and the identification of the person who provided the sample or submitted to the
6chemical test. The test facility shall transmit a copy of the report to the law
7enforcement officer and the person who provided the sample or submitted to the
8chemical test.
SB403-SSA3,20,159
(c)
Additional and optional chemical tests. 1. `Additional chemical test.' If a
10person is arrested for a violation of sub. (16) (cm) 1. and if the person is requested to
11provide a sample or to submit to a test under par. (a) 1., the person may request the
12test facility to administer the additional chemical test specified under par. (b) 3. or,
13at his or her own expense, reasonable opportunity to have any qualified person
14administer a chemical test of his or her breath, blood, or urine for the purpose of
15authorized analysis.
SB403-SSA3,20,2316
2. `Optional test.' If a person is arrested for a violation of sub. (16) (cm) 1. and
17if the person is not requested to provide a sample or to submit to a test under par. (a)
181., the person may request the test facility to administer a chemical test of his or her
19breath or, at his or her own expense, reasonable opportunity to have any qualified
20person administer a chemical test of his or her breath, blood, or urine for the purpose
21of authorized analysis. If a test facility is unable to perform a chemical test of breath,
22the person may request the test facility to administer the designated chemical test
23under par. (b) 2. or the additional chemical test under par. (b) 3.
SB403-SSA3,20,2524
3. `Compliance with request.' A test facility shall comply with a request under
25this paragraph to administer any chemical test that it is able to perform.
SB403-SSA3,21,4
14. `Inability to obtain chemical test.' The failure or inability of a person to
2obtain a chemical test at his or her own expense does not preclude the admission of
3evidence of the results of a chemical test required and administered under pars. (a)
4and (b).
SB403-SSA3,21,125
(d)
Admissibility; effect of test results; other evidence. The results of a chemical
6test required or administered under par. (a), (b), or (c) are admissible in any civil or
7criminal action or proceeding arising out of the acts committed by a person alleged
8to have violated sub. (16) (cm) 1. on the issue of whether the person had alcohol
9concentrations at or above specified levels or was under the influence of an
10intoxicant. Results of these chemical tests shall be given the effect required under
11s. 885.235. This subsection does not limit the right of a law enforcement officer to
12obtain evidence by any other lawful means.
SB403-SSA3,21,1913
(e)
Refusal. No person may refuse a lawful request to provide one or more
14samples of his or her breath, blood, or urine or to submit to one or more chemical tests
15under par. (a). A person shall not be deemed to refuse to provide a sample or to submit
16to a chemical test if it is shown by a preponderance of the evidence that the refusal
17was due to a physical inability to provide the sample or to submit to the test due to
18a physical disability or disease unrelated to the use of an intoxicant. Issues in any
19action concerning a violation of par. (a) or this paragraph are limited to:
SB403-SSA3,21,2120
1. Whether the law enforcement officer had probable cause to believe the
21person was violating or had violated sub. (16) (cm) 1.
SB403-SSA3,21,2322
2. Whether the person was lawfully placed under arrest for violating sub. (16)
23(cm) 1.
SB403-SSA3,22,224
3. Whether the law enforcement officer requested the person to provide a
25sample or to submit to a chemical test and provided the information required under
1par. (a) 2. or whether the request and information were unnecessary under par. (a)
23.
SB403-SSA3,22,43
4. Whether the person refused to provide a sample or to submit to a chemical
4test.
SB403-SSA3,22,9
5(2m) License document; content of license. (a) Subject to pars. (b), (c), and
6(d), the department shall design a single license document for licenses issued and
7renewed under this section. The department shall complete the design of the license
8document no later than the first day of the 2nd month beginning after the effective
9date of this paragraph .... [revisor inserts date].
SB403-SSA3,22,1110
(b) A license document for a license issued under this section shall contain all
11of the following on one side:
SB403-SSA3,22,1212
1. The full name, date of birth, and residence address of the licensee.
SB403-SSA3,22,1413
2. A physical description of the licensee, including sex, height, weight, and hair
14and eye color.
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3. The date on which the license was issued.
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4. The date on which the license expires.
SB403-SSA3,22,1717
5. The name of this state.
SB403-SSA3,22,1818
6. A unique identification number for each licensee.
SB403-SSA3,22,1919
(c) The license document may not contain the licensee's social security number.
SB403-SSA3,22,2320
(d) A license document issued under this section shall be, to the maximum
21extent possible, tamper proof. The contents of the license document shall be included
22in the document in substantially the same way that the contents of an operator's
23license document issued under s. 343.17 are included in that document.
SB403-SSA3,22,25
24(3) Qualifications for obtaining a license. An individual is eligible for a
25license under this section if all of the following apply:
SB403-SSA3,23,1
1(a) The individual is at least 21 years of age.
SB403-SSA3,23,102
(b) The individual does not have a severe physical disability that prevents him
3or her from safely handling a weapon and that, if the individual were handling a
4weapon, would cause the individual to a pose a significant public safety risk. The
5department may determine that a person is ineligible for a license under this
6paragraph only if the form that the person has submitted under (7) (d) does not
7indicate that the person is eligible. The department may override an indication on
8a form submitted under sub. (7) (d) that a person is not eligible for a license under
9this paragraph. This paragraph does not apply to a person certified under sub. (3m)
10(b) as an instructor of a firearm training or firearm safety course or class.
SB403-SSA3,23,1211
(c) The individual is not prohibited under federal law from possessing a firearm
12that has been transported in interstate or foreign commerce.
SB403-SSA3,23,1313
(d) The individual is not prohibited from possessing a firearm under s. 941.29.
SB403-SSA3,23,1514
(e) During the preceding 5 years, the individual has not been committed under
15s. 51.20 for being drug dependent.
SB403-SSA3,23,1916
(f) During the preceding 5 years, the individual has not been convicted for any
17violation, or for the solicitation, conspiracy, or attempt to commit any violation, of ch.
18961 or of a federal law or a law of another state that is comparable to any provision
19of ch. 961.
SB403-SSA3,23,2420
(g) The individual does not chronically and habitually use alcohol beverages or
21other substances to the extent that his or her normal faculties are impaired. A person
22is presumed chronically and habitually to use alcohol beverages or other substances
23to the extent that his or her normal faculties are impaired if, within the preceding
245 years, any of the following applies:
SB403-SSA3,24,2
11. The individual has been committed for involuntary treatment under s. 51.45
2(13).
SB403-SSA3,24,33
2. The individual has been convicted of a violation of s. 941.20 (1) (b).
SB403-SSA3,24,54
3. In 2 or more cases arising out of separate incidents, a court has found the
5individual to have committed a drunk driving offense.
SB403-SSA3,24,66
(h) 1. The individual has done one of the following:
SB403-SSA3,24,107
a. Successfully completed a firearm training or firearm safety course or class
8that meets the requirements of sub. (3m) (a) and that is conducted by an instructor
9certified by the state in which the course or class was conducted or by a national or
10state organization that certifies firearms instructors.
SB403-SSA3,24,1411
b. Participated in organized shooting competitions or military, law
12enforcement, or security training that gave the applicant experience with firearms
13that the department determines is substantially equivalent to any course or class
14that meets the requirements of sub. (3m) (a).
SB403-SSA3,24,1615
c. Been certified as described under sub. (3m) (b) as an instructor of a firearm
16training or firearm safety course or class.
SB403-SSA3,24,1917
2. If subd. 1. a. or b. applies, the person providing the training or organizing
18a shooting competition in which the person has competed shall complete the form
19designed by the department under sub. (5) (b).
SB403-SSA3,24,2320
(i) The individual has not been found incompetent under ch. 880 or, if the
21individual has been found incompetent under ch. 880, he or she was subsequently
22found to be competent and at least 5 years have elapsed from the date that he or she
23was found to be competent.
SB403-SSA3,25,3
1(im) The individual was not the subject of a protective placement under s. 55.06
2as a minor unless at least 5 years have elapsed from the date on which his or her
3protective placement ended.
SB403-SSA3,25,94
(j) The individual has not been involuntarily committed for treatment under
5s. 51.20 due to mental illness or a developmental disability or, if the individual has
6been involuntarily committed for treatment under s. 51.20 due to mental illness or
7a developmental disability, he or she shows, through evidence from a psychiatrist
8licensed in this state, that he or she has not been disabled due to mental illness or
9a developmental disability for at least 5 years.
SB403-SSA3,25,1110
(k) The individual has not been found incompetent under s. 971.14 or, if the
11individual has been found incompetent under s. 971.14, one of the following applies:
SB403-SSA3,25,1312
1. He or she was subsequently found to be competent and at least 5 years have
13elapsed from the date that he or she was found to be competent.
SB403-SSA3,25,1614
2. He or she was not subsequently found to be competent and he or she shows,
15through evidence from a psychiatrist licensed in this state, that he or she has not
16been disabled due to mental illness or a developmental disability for at least 5 years.
SB403-SSA3,25,2117
(L) The individual has not been found not guilty by reason of mental disease
18or defect under s. 971.17 or, if the individual has been found not guilty by reason of
19mental disease or defect under s. 971.17, he or she presents evidence from a
20psychiatrist licensed in this state that he or she has not been disabled due to mental
21illness or a developmental disability for at least 5 years.
SB403-SSA3,25,2522
(m) Within the preceding 5 years, the individual was not convicted of a
23misdemeanor crime of violence or was not serving a sentence, on probation, or subject
24to a dispositional order under ch. 938 for committing a misdemeanor crime of
25violence.