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.
AB763,32,1914
(j) The individual has not been involuntarily committed for treatment under
15s. 51.20 due to mental illness or a developmental disability or, if the individual has
16been involuntarily committed for treatment under s. 51.20 due to mental illness or
17a developmental disability, he or she shows, through evidence from a psychiatrist
18licensed in this state, that he or she has not been disabled due to mental illness or
19a developmental disability for at least 5 years.
AB763,32,2120
(k) The individual has not been found incompetent under s. 971.14 or, if the
21individual has been found incompetent under s. 971.14, one of the following applies:
AB763,32,2322
1. He or she was subsequently found to be competent and at least 5 years have
23elapsed from the date that he or she was found to be competent.
AB763,33,3
12. He or she was not subsequently found to be competent and he or she shows,
2through evidence from a psychiatrist licensed in this state, that he or she has not
3been disabled due to mental illness or a developmental disability for at least 5 years.
AB763,33,84
(L) The individual has not been found not guilty by reason of mental disease
5or defect under s. 971.17 or, if the individual has been found not guilty by reason of
6mental disease or defect under s. 971.17, he or she presents evidence from a
7psychiatrist licensed in this state that he or she has not been disabled due to mental
8illness or a developmental disability for at least 5 years.
AB763,33,129
(m) Within the preceding 3 years, the individual was not convicted of a
10misdemeanor crime of violence or was not serving a sentence, on probation, or subject
11to a dispositional order under ch. 938 for committing a misdemeanor crime of
12violence.
AB763,33,1513
(n) The individual has not been charged with a felony or a misdemeanor crime
14of violence for which the prosecution was suspended under a deferred prosecution
15agreement unless 3 years have elapsed since the date of the agreement.
AB763,33,1816
(o) The individual is not the subject of any pending civil or criminal case, the
17disposition of which could disqualify him or her from having a license under this
18subsection.
AB763,33,2319
(p) The individual has not previously submitted an application for a license
20under this section and had the application denied, unless each reason for the denial
21is no longer applicable because of changed circumstances or, if the denial was based
22on a restriction under this subsection that applies for a specified period of time,
23because that time period has run.
AB763,34,324
(q) The individual has not had a license that was issued under this section
25revoked, unless each reason for the revocation is no longer applicable because of
1changed circumstances or, if the revocation was based on a restriction under this
2subsection that applies for a specified period of time, because that time period has
3run.
AB763,34,44
(r) The individual has not been convicted under sub. (17) (c), (d), or (e).
AB763,34,55
(s) The individual is a Wisconsin resident.
AB763,34,7
6(3m) Course or class requirements. (a) A firearm training or firearm safety
7course or class under sub. (3) (h) 1. or 3. shall include all of the following:
AB763,34,88
1. Instruction on how to handle, load, unload, and store handguns.
AB763,34,109
2. Instruction on the privilege of self-defense and the defense of others under
10s. 939.48.
AB763,34,1211
3. Instruction on how to avoid injuring 3rd parties when defending himself,
12herself, or others in a manner that is privileged under s. 939.48.
AB763,34,1313
4. Basic self-defense principles.
AB763,34,1414
5. Instruction on how to carry a concealed handgun safely.
AB763,34,1515
6. Instruction on firing a handgun.
AB763,34,1616
7. Practice firing a handgun.
AB763,34,1717
8. Instruction by an instructor certified by the department under par. (b).
AB763,34,2018
(b) The department shall certify instructors and maintain a list of instructors
19that it certifies. To be certified by the department as an instructor, a person must
20meet all of the following criteria:
AB763,34,2121
1. Be qualified under sub. (3) to carry a concealed weapon.
AB763,34,2322
2. Be able to demonstrate the ability and knowledge required for instructing
23students under par. (a) 1. to 7.
AB763,35,10
24(5) Application and renewal forms. The department shall design an
25application form for use by individuals who apply for a license under this section and
1a renewal form for use by individuals applying for renewal of a license under sub.
2(15). The department shall complete the design of the application form no later than
3the first day of the 2nd month beginning after the effective date of this subsection ....
4[revisor inserts date], and shall complete the design of the renewal form no later than
5the first day of the 36th month beginning after the effective date of this subsection
6.... [revisor inserts date]. The department shall make available both forms on the
7Internet or by mail upon request. The forms designed by the department under this
8subsection shall require the applicant to provide only his or her name, address, date
9of birth, race, sex, height, weight, and hair and eye color and shall include all of the
10following:
AB763,35,1211
(e) A statement that the applicant is eligible for a license if the requirements
12specified in sub. (3) are met.
AB763,35,1513
(f) A statement explaining the privilege of self-defense and defense of others
14under s. 939.48, with a place for the applicant to sign his or her name to indicate that
15he or she has read and understands the statement.
AB763,35,1816
(g) A statement, with a place for the applicant to sign his or her name, to
17indicate that the applicant has read and understands the requirements of this
18section.
AB763,35,2219
(h) A statement that the application must include a notarized statement as
20described under sub. (6) and that an applicant may be prosecuted if he or she gives
21a false answer to any question on the application or submits a falsified document
22with the application.
AB763,35,2423
(i) A statement of the penalties for giving a false answer to any question on the
24application or submitting a falsified document with the application.
AB763,36,4
1(6) Notarized statement. An applicant shall submit a notarized statement that
2reports that the information that he or she provides in an application submitted
3under sub. (7) and any document submitted with the application is true and complete
4to the best of his or her knowledge.
AB763,36,6
5(7) Submission of application. An individual may apply for a license under this
6section with the department by submitting to the department all of the following:
AB763,36,87
(a) An application in the form prescribed under sub. (5) that includes a
8notarized statement as required under sub. (6).
AB763,36,99
(bd) A license fee of $52.
AB763,36,1010
(bh) A fee for a background check of $8.
AB763,36,1311
(bp) A shooting range improvement fee of $15 written as a separate check,
12made out to the applicant's county of residence, that the department shall forward
13to that county on at least a quarterly basis.
AB763,36,1514
(d) A photocopy of a certificate or other evidence showing the applicant's
15qualifications under sub. (3) (h).
AB763,36,18
16(9) Processing of application. (a) Upon receiving an application submitted
17under sub. (7), the department shall conduct a background check, as provided under
18sub. (9g).
AB763,36,2019
(b) Within 21 days after receiving an application under sub. (7), the department
20shall do one of the following:
AB763,36,2221
1. Issue the license and promptly send the licensee his or her license document
22by 1st class mail.
AB763,37,223
2. Deny the application, but only if the applicant fails to qualify under the
24criteria specified in sub. (3). If the department denies the application, the
1department shall inform the applicant in writing, stating the reason and factual
2basis for the denial to the extent permitted under federal law.
AB763,37,4
3(9g) Background checks. (b) The department shall conduct a background
4check regarding an applicant for a license using the following procedure:
AB763,37,65
1. The department shall create a confirmation number associated with the
6applicant.
AB763,37,87
2. The department shall use the transaction information for management of
8enforcement system and the national crime information center system.
AB763,37,99
3. As soon as practicable, the department shall do the following:
AB763,37,1210
a. If the background check indicates that the applicant does not qualify for a
11license under sub. (3) (c), (d), (e), (f), (g), (i), (im), (j), (k), (L), (m), (n), (o), or (r), create
12a unique nonapproval number for the applicant.
AB763,37,1513
b. If the completed background check does not indicate that the applicant is
14disqualified for a license under sub. (3) (c), (d), (e), (f), (g), (i), (im), (j), (k), (L), (m),
15(n), (o), or (r), create a unique approval number for the applicant.
AB763,37,2016
c. If the background check indicates that the applicant was the subject of a
17relevant criminal charge for which there is no recorded disposition or if, in the case
18of a misdemeanor delinquency adjudication, the background check does not indicate
19how long the resultant dispositional order was in effect, make all reasonable efforts
20to obtain the missing information.
AB763,37,2321
(c) The department shall conduct the background check under par. (b)
22immediately if the background check is for an applicant for an emergency license
23under sub. (9r).
AB763,38,3
1(d) The department shall maintain the record of all completed application
2forms and a record of all confirmation numbers and corresponding approval or
3nonapproval numbers regarding background checks under this subsection.
AB763,38,154
(e) 1. The department shall check each application form under par. (d) against
5the information recorded by the department regarding the corresponding request for
6a background check under this subsection. If the department previously provided
7a unique approval number regarding the request and nothing in the completed
8application form indicates that the applicant is not qualified for a license under sub.
9(3) (c), (d), (e), (f), (g), (i), (im), (j), (k), (L), (m), (n), (o), or (r), the department shall,
10except as provided in subd. 2., destroy all records regarding that background check
11within 30 days after receiving the form. If the department previously provided a
12unique approval number regarding the request and the completed application form
13indicates that the applicant is not qualified for a license under sub. (3) (c), (d), (e), (f),
14(g), (i), (im), (j), (k), (L), (m), (n), (o), or (r), the department shall immediately revoke
15the license.