AB763,21,1312 (c) An identification card may not contain the retired officer's social security
13number.
AB763,21,1714 (d) An identification card issued under this section shall be, to the maximum
15extent possible, tamper proof. The contents of the identification card shall be
16included in the document in substantially the same way that the contents of an
17operator's license document issued under s. 343.17 are included in that document.
AB763, s. 37 18Section 37. 175.50 of the statutes is created to read:
AB763,21,20 19175.50 License to carry a concealed weapon. (1) Definitions. In this
20section:
AB763,21,2121 (ab) "Alcohol beverages" has the meaning given in s. 125.02 (1).
AB763,21,2222 (abm) "Alcohol concentration" has the meaning given in s. 340.01 (1v).
AB763,21,2523 (ac) "Background check" means a search of department and court records
24conducted under sub. (9g) to determine a person's eligibility for a license to carry a
25concealed weapon.
AB763,22,1
1(ag) Except in subs. (2g) (b) and (11) (c) 1. b., "carry" means to go armed with.
AB763,22,32 (ah) "Controlled substance" means a controlled substance, as defined in s.
3961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m).
AB763,22,44 (aj) "Department" means the department of justice.
AB763,22,55 (am) "Drunk driving offense" means any of the following:
AB763,22,66 1. A violation of s. 346.63 or a local ordinance in conformity with that section.
AB763,22,87 2. A violation of a law of a federally recognized American Indian tribe or band
8in this state in conformity with s. 346.63.
AB763,22,149 3. A violation of the law of another jurisdiction, as defined in s. 340.01 (41m),
10that prohibits use of a motor vehicle while intoxicated, while under the influence of
11a controlled substance, a controlled substance analog, or a combination thereof, with
12an excess or specified range of alcohol concentration, or while under the influence of
13any drug to a degree that renders the person incapable of safely driving, as those or
14substantially similar terms are used in that jurisdiction's laws.
AB763,22,1915 (bm) "Handgun" means any weapon designed or redesigned, or made or
16remade, and intended to be fired while held in one hand and to use the energy of an
17explosive to expel a projectile through a smooth or rifled bore. "Handgun" does not
18include a machine gun, as defined in s. 941.27 (1), a short-barreled rifle, as defined
19in s. 941.28 (1) (b), or a short-barreled shotgun, as defined in s. 941.28 (1) (c).
AB763,22,2120 (bq) "Intoxicant" means any alcohol beverage, controlled substance, or other
21drug, or any combination thereof.
AB763,22,2222 (c) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).
AB763,22,2423 (d) "Licensee" means an individual holding a valid license to carry a concealed
24weapon issued under this section.
AB763,22,2525 (e) "Misdemeanor crime of violence" means any of the following:
AB763,23,2
11. A misdemeanor violation of chs. 940, 941, or 948 or of s. 947.013 or a violation
2of s. 947.01 or of sub. (2k) (e) or (16) (cm).
AB763,23,43 2. A crime under federal law or the law of another state that is comparable to
4a crime described in subd. 1.
AB763,23,65 (eg) "Misdemeanor delinquency adjudication" means a finding that a juvenile
6is delinquent for an act that would be a misdemeanor if committed by an adult.
AB763,23,87 (f) "Out-of-state authorization" means a valid permit document or a valid
8license document issued by another state if all of the following apply:
AB763,23,109 1. The permit document or license document documents that a person is
10authorized under the law of that state to carry a concealed weapon in that state.
AB763,23,1211 2. The state is listed in the rule promulgated by the department under s. 165.25
12(11).
AB763,23,1713 (g) "Out-of-state licensee" means an individual who is 21 years of age or over,
14who is not a Wisconsin resident, who has been issued an out-of-state authorization,
15and who is not prohibited from possessing a firearm under s. 941.29 or from
16possessing a firearm that has been transported in interstate or foreign commerce
17under federal law.
AB763,23,1918 (gm) "Photo identification card" means an operator's license issued under ch.
19343 or an identification card issued under s. 343.50.
AB763,23,2020 (h) "Private property" has the meaning given in s. 943.13 (1e) (e).
AB763,23,2221 (i) "Proprietor" means a person to whom a Class "B" or "Class B" license or
22permit has been issued under ch. 125.
AB763,23,2523 (ig) "Purpose of authorized analysis" means for the purpose of determining or
24obtaining evidence of the presence, quantity, or concentration of any intoxicant in a
25person's blood, breath, or urine.
AB763,24,2
1(is) "Test facility" means a test facility or agency prepared to administer tests
2under s. 343.305 (2).
AB763,24,43 (j) "Weapon" means a handgun, an electric weapon, as defined in s. 941.295 (4),
4a knife other than a switchblade knife under s. 941.24, or a billy club.
AB763,24,9 5(2) Issuance of license. The department shall issue licenses to carry a
6concealed weapon to an individual who meets the qualifications specified in sub. (3)
7or (4) and who completes the application process specified in sub. (7) or (8). A license
8to carry a concealed weapon issued under this section shall meet the requirements
9specified in sub. (2m).
AB763,24,13 10(2g) Carrying a concealed weapon; carrying and display of license document
11or authorization.
(a) A licensee or an out-of-state licensee may carry a concealed
12weapon anywhere in this state except as provided under sub. (15m) or (16) or s.
13941.20 (1) (b) or 943.13 (1m) (c).
AB763,24,1614 (b) A licensee shall carry his or her license document and photo identification
15card and an out-of-state licensee shall carry his or her out-of-state authorization
16at all times during which he or she is going armed with a concealed weapon.
AB763,24,2017 (c) If he or she is carrying a concealed weapon, a licensee shall display his or
18her license document and photo identification card and an out-of-state licensee shall
19display his or her out-of-state authorization to a law enforcement officer upon the
20request of the law enforcement officer.
AB763,24,25 21(2i) Preliminary breath screening test. (a) Requirement. A person shall
22provide a sample of his or her breath for a preliminary breath screening test if a law
23enforcement officer has probable cause to believe that the person is violating sub.
24(16) (cm) and if, prior to an arrest, the law enforcement officer requested that the
25person provide this sample.
AB763,25,5
1(b) Use of test results. A law enforcement officer may use the results of a
2preliminary breath screening test for the purpose of deciding whether or not to arrest
3a person for a violation of sub. (16) (cm) or for the purpose of deciding whether or not
4to request a chemical test under sub. (2k). Following the preliminary breath
5screening test, chemical tests may be required of the person under sub. (2k).
AB763,25,96 (c) Admissibility. The result of a preliminary breath screening test is not
7admissible in any action or proceeding except to show probable cause for an arrest,
8if the arrest is challenged, or to show that a chemical test was properly required of
9a person under sub. (2k).
AB763,25,1110 (d) Refusal. There is no penalty for a violation of par. (a). Neither sub. (17) (b)
11nor the general penalty provision under s. 939.61 applies to that violation.
AB763,25,17 12(2j) Implied consent. Any person who carries a concealed weapon in this state
13is deemed to have given consent to provide one or more samples of his or her breath,
14blood, or urine for the purpose of authorized analysis as required under sub. (2k).
15Any person who carries a concealed weapon in this state is deemed to have given
16consent to submit to one or more chemical tests of his or her breath, blood, or urine
17for the purpose of authorized analysis as required under sub. (2k).
AB763,25,25 18(2k) Chemical tests. (a) Requirement. 1. `Samples; submission to tests.' A
19person shall provide one or more samples of his or her breath, blood, or urine for the
20purpose of authorized analysis if he or she is arrested for a violation of sub. (16) (cm)
21and if he or she is requested to provide the sample by a law enforcement officer. A
22person shall submit to one or more chemical tests of his or her breath, blood, or urine
23for the purpose of authorized analysis if he or she is arrested for a violation of sub.
24(16) (cm) and if he or she is requested to submit to the test by a law enforcement
25officer.
AB763,26,4
12. `Information.' A law enforcement officer requesting a person to provide a
2sample or to submit to a chemical test under subd. 1. shall inform the person of all
3of the following at the time of the request and prior to obtaining the sample or
4administering the test:
AB763,26,55 a. That he or she is deemed to have consented to tests under sub. (2i).
AB763,26,86 b. That a refusal to provide a sample or to submit to a chemical test constitutes
7a violation under par. (e) and is subject to the same penalties and procedures as a
8violation of sub. (16) (cm).
AB763,26,109 c. That in addition to the designated chemical test under par. (b) 2. he or she
10may have an additional chemical test under par. (c) 1.
AB763,26,1611 3. `Unconscious person.' A person who is unconscious or otherwise not capable
12of withdrawing consent is presumed not to have withdrawn consent under this
13paragraph, and if a law enforcement officer has probable cause to believe that the
14person violated sub. (16) (cm), one or more chemical tests may be administered to the
15person without a request under subd. 1. and without providing information under
16subd. 2.
AB763,26,2217 (b) Chemical tests. 1. `Test facility.' Upon the request of a law enforcement
18officer, a test facility shall administer a chemical test of breath, blood, or urine for
19the purpose of authorized analysis. A test facility shall be prepared to administer
202 of the 3 chemical tests of breath, blood, or urine for the purpose of authorized
21analysis. The department may enter into agreements for the cooperative use of test
22facilities.
AB763,26,2523 2. `Designated chemical test.' A test facility shall designate one chemical test
24of breath, blood, or urine which it is prepared to administer first for the purpose of
25authorized analysis.
AB763,27,4
13. `Additional chemical test.' A test facility shall specify one chemical test of
2breath, blood, or urine, other than the test designated under subd. 2., which it is
3prepared to administer for the purpose of authorized analysis as an additional
4chemical test.
AB763,27,155 4. `Validity; procedure.' A chemical test of blood or urine conducted for the
6purpose of authorized analysis is valid as provided under s. 343.305 (6). The duties
7and responsibilities of the laboratory of hygiene, department of health and family
8services, and department of transportation under s. 343.305 (6) apply to a chemical
9test of blood or urine conducted for the purpose of authorized analysis under this
10subsection. Blood may be withdrawn from a person arrested for a violation of sub.
11(16) (cm) only by a physician, registered nurse, medical technologist, physician
12assistant, or person acting under the direction of a physician and the person who
13withdraws the blood, the employer of that person, and any hospital where blood is
14withdrawn have immunity from civil or criminal liability as provided under s.
15895.53.
AB763,27,2316 5. `Report.' A test facility which administers a chemical test of breath, blood,
17or urine for the purpose of authorized analysis under this subsection shall prepare
18a written report which shall include the findings of the chemical test, the
19identification of the law enforcement officer or the person who requested a chemical
20test, and the identification of the person who provided the sample or submitted to the
21chemical test. The test facility shall transmit a copy of the report to the law
22enforcement officer and the person who provided the sample or submitted to the
23chemical test.
AB763,28,524 (c) Additional and optional chemical tests. 1. `Additional chemical test.' If a
25person is arrested for a violation of sub. (16) (cm) and if the person is requested to

1provide a sample or to submit to a test under par. (a) 1., the person may request the
2test facility to administer the additional chemical test specified under par. (b) 3. or,
3at his or her own expense, reasonable opportunity to have any qualified person
4administer a chemical test of his or her breath, blood, or urine for the purpose of
5authorized analysis.
AB763,28,136 2. `Optional test.' If a person is arrested for a violation of sub. (16) (cm) and if
7the person is not requested to provide a sample or to submit to a test under par. (a)
81., the person may request the test facility to administer a chemical test of his or her
9breath or, at his or her own expense, reasonable opportunity to have any qualified
10person administer a chemical test of his or her breath, blood, or urine for the purpose
11of authorized analysis. If a test facility is unable to perform a chemical test of breath,
12the person may request the test facility to administer the designated chemical test
13under par. (b) 2. or the additional chemical test under par. (b) 3.
AB763,28,1514 3. `Compliance with request.' A test facility shall comply with a request under
15this paragraph to administer any chemical test that it is able to perform.
AB763,28,1916 4. `Inability to obtain chemical test.' The failure or inability of a person to
17obtain a chemical test at his or her own expense does not preclude the admission of
18evidence of the results of a chemical test required and administered under pars. (a)
19and (b).
AB763,29,220 (d) Admissibility; effect of test results; other evidence. The results of a chemical
21test required or administered under par. (a), (b), or (c) are admissible in any civil or
22criminal action or proceeding arising out of the acts committed by a person alleged
23to have violated sub. (16) (cm) on the issue of whether the person had alcohol
24concentrations at or above specified levels or was under the influence of an
25intoxicant. Results of these chemical tests shall be given the effect required under

1s. 885.235. This subsection does not limit the right of a law enforcement officer to
2obtain evidence by any other lawful means.
AB763,29,93 (e) Refusal. No person may refuse a lawful request to provide one or more
4samples of his or her breath, blood, or urine or to submit to one or more chemical tests
5under par. (a). A person shall not be deemed to refuse to provide a sample or to submit
6to a chemical test if it is shown by a preponderance of the evidence that the refusal
7was due to a physical inability to provide the sample or to submit to the test due to
8a physical disability or disease unrelated to the use of an intoxicant. Issues in any
9action concerning a violation of par. (a) or this paragraph are limited to:
AB763,29,1110 1. Whether the law enforcement officer had probable cause to believe the
11person was violating or had violated sub. (16) (cm).
AB763,29,1312 2. Whether the person was lawfully placed under arrest for violating sub. (16)
13(cm).
AB763,29,1714 3. Whether the law enforcement officer requested the person to provide a
15sample or to submit to a chemical test and provided the information required under
16par. (a) 2. or whether the request and information were unnecessary under par. (a)
173.
AB763,29,1918 4. Whether the person refused to provide a sample or to submit to a chemical
19test.
AB763,29,24 20(2m) License document; content of license. (a) Subject to pars. (b), (c), and
21(d), the department shall design a single license document for licenses issued and
22renewed under this section. The department shall complete the design of the license
23document no later than the first day of the 2nd month beginning after the effective
24date of this paragraph .... [revisor inserts date].
AB763,30,2
1(b) A license document for a license issued under this section shall contain all
2of the following on one side:
AB763,30,33 1. The full name, date of birth, and residence address of the licensee.
AB763,30,54 2. A physical description of the licensee, including sex, height, weight, and hair
5and eye color.
AB763,30,66 3. The date on which the license was issued.
AB763,30,77 4. The date on which the license expires.
AB763,30,88 5. The name of this state.
AB763,30,99 6. A unique identification number for each licensee.
AB763,30,1010 (c) The license document may not contain the licensee's social security number.
AB763,30,1411 (d) A license document issued under this section shall be, to the maximum
12extent possible, tamper proof. The contents of the license document shall be included
13in the document in substantially the same way that the contents of an operator's
14license document issued under s. 343.17 are included in that document.
AB763,30,16 15(3) Qualifications for obtaining a license. An individual is eligible for a
16license under this section if all of the following apply:
AB763,30,1717 (a) The individual is at least 21 years of age.
AB763,31,218 (b) The individual does not have a severe physical disability that prevents him
19or her from safely handling a weapon and that, if the individual were handling a
20weapon, would cause the individual to a pose a significant public safety risk. The
21department shall promulgate rules specifying the procedures and definitions that it
22is required to apply when determining whether an individual is ineligible for a
23license under this section because he or she has a severe physical disability that
24prevents him or her from safely handling a weapon and that, if the individual were

1handling a weapon, would cause the individual to a pose a significant public safety
2risk.
AB763,31,43 (c) The individual is not prohibited under federal law from possessing a firearm
4that has been transported in interstate or foreign commerce.
AB763,31,55 (d) The individual is not prohibited from possessing a firearm under s. 941.29.
AB763,31,76 (e) During the preceding 3 years, the individual has not been committed under
7s. 51.20 for being drug dependent.
AB763,31,118 (f) During the preceding 3 years, the individual has not been convicted for any
9violation, or for the solicitation, conspiracy, or attempt to commit any violation, of ch.
10961 or of a federal law or a law of another state that is comparable to any provision
11of ch. 961.
AB763,31,1612 (g) The individual does not chronically and habitually use alcohol beverages or
13other substances to the extent that his or her normal faculties are impaired. A person
14is presumed chronically and habitually to use alcohol beverages or other substances
15to the extent that his or her normal faculties are impaired if, within the preceding
163 years, any of the following applies:
AB763,31,1817 1. The individual has been committed for involuntary treatment under s. 51.45
18(13).
AB763,31,1919 2. The individual has been convicted of a violation of s. 941.20 (1) (b).
AB763,31,2120 3. In 2 or more cases arising out of separate incidents, a court has found the
21individual to have committed a drunk driving offense.
AB763,31,2222 (h) The individual has done one of the following:
AB763,31,2423 1. Successfully completed a firearm training or firearm safety course or class
24that meets the requirements under sub. (3m) (a).
AB763,32,2
12. Been certified as described under sub. (3m) (b) as an instructor of a firearm
2training or firearm safety course or class.
AB763,32,63 3. Participated in organized shooting competitions or military, law
4enforcement, or security training that gave the applicant experience with firearms
5that the department determines is substantially equivalent to any course or class
6that meets the requirements under sub. (3m) (a).
AB763,32,107 (i) The individual has not been found incompetent under ch. 880 or, if the
8individual has been found incompetent under ch. 880, he or she was subsequently
9found to be competent and at least 5 years have elapsed from the date that he or she
10was found to be competent.
AB763,32,1311 (im) The individual was not the subject of a protective placement under s. 55.06
12as a minor unless at least 5 years have elapsed from the date on which his or her
13protective placement ended.
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