AB763: Bill Text

AB763,28,15 3. `Compliance with request.' A test facility shall comply with a request under this paragraph to administer any chemical test that it is able to perform.

AB763,28,19 4. `Inability to obtain chemical test.' The failure or inability of a person to obtain a chemical test at his or her own expense does not preclude the admission of evidence of the results of a chemical test required and administered under pars. (a) and (b).

AB763,29,2 (d) Admissibility; effect of test results; other evidence. The results of a chemical test required or administered under par. (a), (b), or (c) are admissible in any civil or criminal action or proceeding arising out of the acts committed by a person alleged to have violated sub. (16) (cm) on the issue of whether the person had alcohol concentrations at or above specified levels or was under the influence of an intoxicant. Results of these chemical tests shall be given the effect required under s. 885.235. This subsection does not limit the right of a law enforcement officer to obtain evidence by any other lawful means.

AB763,29,9 (e) Refusal. No person may refuse a lawful request to provide one or more samples of his or her breath, blood, or urine or to submit to one or more chemical tests under par. (a). A person shall not be deemed to refuse to provide a sample or to submit to a chemical test if it is shown by a preponderance of the evidence that the refusal was due to a physical inability to provide the sample or to submit to the test due to a physical disability or disease unrelated to the use of an intoxicant. Issues in any action concerning a violation of par. (a) or this paragraph are limited to:

AB763,29,11 1. Whether the law enforcement officer had probable cause to believe the person was violating or had violated sub. (16) (cm).

AB763,29,13 2. Whether the person was lawfully placed under arrest for violating sub. (16) (cm).

AB763,29,17 3. Whether the law enforcement officer requested the person to provide a sample or to submit to a chemical test and provided the information required under par. (a) 2. or whether the request and information were unnecessary under par. (a) 3.

AB763,29,19 4. Whether the person refused to provide a sample or to submit to a chemical test.

AB763,29,24 (2m) License document; content of license. (a) Subject to pars. (b), (c), and (d), the department shall design a single license document for licenses issued and renewed under this section. The department shall complete the design of the license document no later than the first day of the 2nd month beginning after the effective date of this paragraph .... [revisor inserts date].

AB763,30,2 (b) A license document for a license issued under this section shall contain all of the following on one side:

AB763,30,3 1. The full name, date of birth, and residence address of the licensee.

AB763,30,5 2. A physical description of the licensee, including sex, height, weight, and hair and eye color.

AB763,30,6 3. The date on which the license was issued.

AB763,30,7 4. The date on which the license expires.

AB763,30,8 5. The name of this state.

AB763,30,9 6. A unique identification number for each licensee.

AB763,30,10 (c) The license document may not contain the licensee's social security number.

AB763,30,14 (d) A license document issued under this section shall be, to the maximum extent possible, tamper proof. The contents of the license document shall be included in the document in substantially the same way that the contents of an operator's license document issued under s. 343.17 are included in that document.

AB763,30,16 (3) Qualifications for obtaining a license. An individual is eligible for a license under this section if all of the following apply:

AB763,30,17 (a) The individual is at least 21 years of age.

AB763,31,2 (b) The individual does not have a severe physical disability that prevents him or her from safely handling a weapon and that, if the individual were handling a weapon, would cause the individual to a pose a significant public safety risk. The department shall promulgate rules specifying the procedures and definitions that it is required to apply when determining whether an individual is ineligible for a license under this section because he or she has a severe physical disability that prevents him or her from safely handling a weapon and that, if the individual were handling a weapon, would cause the individual to a pose a significant public safety risk.

AB763,31,4 (c) The individual is not prohibited under federal law from possessing a firearm that has been transported in interstate or foreign commerce.

AB763,31,5 (d) The individual is not prohibited from possessing a firearm under s. 941.29.

AB763,31,7 (e) During the preceding 3 years, the individual has not been committed under s. 51.20 for being drug dependent.

AB763,31,11 (f) During the preceding 3 years, the individual has not been convicted for any violation, or for the solicitation, conspiracy, or attempt to commit any violation, of ch. 961 or of a federal law or a law of another state that is comparable to any provision of ch. 961.

AB763,31,16 (g) The individual does not chronically and habitually use alcohol beverages or other substances to the extent that his or her normal faculties are impaired. A person is presumed chronically and habitually to use alcohol beverages or other substances to the extent that his or her normal faculties are impaired if, within the preceding 3 years, any of the following applies:

AB763,31,18 1. The individual has been committed for involuntary treatment under s. 51.45 (13).

AB763,31,19 2. The individual has been convicted of a violation of s. 941.20 (1) (b).

AB763,31,21 3. In 2 or more cases arising out of separate incidents, a court has found the individual to have committed a drunk driving offense.

AB763,31,22 (h) The individual has done one of the following:

AB763,31,24 1. Successfully completed a firearm training or firearm safety course or class that meets the requirements under sub. (3m) (a).

AB763,32,2 2. Been certified as described under sub. (3m) (b) as an instructor of a firearm training or firearm safety course or class.

AB763,32,6 3. Participated in organized shooting competitions or military, law enforcement, or security training that gave the applicant experience with firearms that the department determines is substantially equivalent to any course or class that meets the requirements under sub. (3m) (a).

AB763,32,10 (i) The individual has not been found incompetent under ch. 880 or, if the individual has been found incompetent under ch. 880, he or she was subsequently found to be competent and at least 5 years have elapsed from the date that he or she was found to be competent.

AB763,32,13 (im) The individual was not the subject of a protective placement under s. 55.06 as a minor unless at least 5 years have elapsed from the date on which his or her protective placement ended.

AB763,32,19 (j) The individual has not been involuntarily committed for treatment under s. 51.20 due to mental illness or a developmental disability or, if the individual has been involuntarily committed for treatment under s. 51.20 due to mental illness or a developmental disability, he or she shows, through evidence from a psychiatrist licensed in this state, that he or she has not been disabled due to mental illness or a developmental disability for at least 5 years.

AB763,32,21 (k) The individual has not been found incompetent under s. 971.14 or, if the individual has been found incompetent under s. 971.14, one of the following applies:

AB763,32,23 1. He or she was subsequently found to be competent and at least 5 years have elapsed from the date that he or she was found to be competent.

AB763,33,3 2. He or she was not subsequently found to be competent and he or she shows, through evidence from a psychiatrist licensed in this state, that he or she has not been disabled due to mental illness or a developmental disability for at least 5 years.

AB763,33,8 (L) The individual has not been found not guilty by reason of mental disease or defect under s. 971.17 or, if the individual has been found not guilty by reason of mental disease or defect under s. 971.17, he or she presents evidence from a psychiatrist licensed in this state that he or she has not been disabled due to mental illness or a developmental disability for at least 5 years.

AB763,33,12 (m) Within the preceding 3 years, the individual was not convicted of a misdemeanor crime of violence or was not serving a sentence, on probation, or subject to a dispositional order under ch. 938 for committing a misdemeanor crime of violence.

AB763,33,15 (n) The individual has not been charged with a felony or a misdemeanor crime of violence for which the prosecution was suspended under a deferred prosecution agreement unless 3 years have elapsed since the date of the agreement.

AB763,33,18 (o) The individual is not the subject of any pending civil or criminal case, the disposition of which could disqualify him or her from having a license under this subsection.

AB763,33,23 (p) The individual has not previously submitted an application for a license under this section and had the application denied, unless each reason for the denial is no longer applicable because of changed circumstances or, if the denial was based on a restriction under this subsection that applies for a specified period of time, because that time period has run.

AB763,34,3 (q) The individual has not had a license that was issued under this section revoked, unless each reason for the revocation is no longer applicable because of changed circumstances or, if the revocation was based on a restriction under this subsection that applies for a specified period of time, because that time period has run.

AB763,34,4 (r) The individual has not been convicted under sub. (17) (c), (d), or (e).

AB763,34,5 (s) The individual is a Wisconsin resident.

AB763,34,7 (3m) Course or class requirements. (a) A firearm training or firearm safety course or class under sub. (3) (h) 1. or 3. shall include all of the following:

AB763,34,8 1. Instruction on how to handle, load, unload, and store handguns.

AB763,34,10 2. Instruction on the privilege of self-defense and the defense of others under s. 939.48.

AB763,34,12 3. Instruction on how to avoid injuring 3rd parties when defending himself, herself, or others in a manner that is privileged under s. 939.48.

AB763,34,13 4. Basic self-defense principles.

AB763,34,14 5. Instruction on how to carry a concealed handgun safely.

AB763,34,15 6. Instruction on firing a handgun.

AB763,34,16 7. Practice firing a handgun.

AB763,34,17 8. Instruction by an instructor certified by the department under par. (b).

AB763,34,20 (b) The department shall certify instructors and maintain a list of instructors that it certifies. To be certified by the department as an instructor, a person must meet all of the following criteria:

AB763,34,21 1. Be qualified under sub. (3) to carry a concealed weapon.

AB763,34,23 2. Be able to demonstrate the ability and knowledge required for instructing students under par. (a) 1. to 7.

AB763,35,10 (5) Application and renewal forms. The department shall design an application form for use by individuals who apply for a license under this section and a renewal form for use by individuals applying for renewal of a license under sub. (15). The department shall complete the design of the application form no later than the first day of the 2nd month beginning after the effective date of this subsection .... [revisor inserts date], and shall complete the design of the renewal form no later than the first day of the 36th month beginning after the effective date of this subsection .... [revisor inserts date]. The department shall make available both forms on the Internet or by mail upon request. The forms designed by the department under this subsection shall require the applicant to provide only his or her name, address, date of birth, race, sex, height, weight, and hair and eye color and shall include all of the following:

AB763,35,12 (e) A statement that the applicant is eligible for a license if the requirements specified in sub. (3) are met.

AB763,35,15 (f) A statement explaining the privilege of self-defense and defense of others under s. 939.48, with a place for the applicant to sign his or her name to indicate that he or she has read and understands the statement.

AB763,35,18 (g) A statement, with a place for the applicant to sign his or her name, to indicate that the applicant has read and understands the requirements of this section.

AB763,35,22 (h) A statement that the application must include a notarized statement as described under sub. (6) and that an applicant may be prosecuted if he or she gives a false answer to any question on the application or submits a falsified document with the application.

AB763,35,24 (i) A statement of the penalties for giving a false answer to any question on the application or submitting a falsified document with the application.

AB763,36,4 (6) Notarized statement. An applicant shall submit a notarized statement that reports that the information that he or she provides in an application submitted under sub. (7) and any document submitted with the application is true and complete to the best of his or her knowledge.

AB763,36,6 (7) Submission of application. An individual may apply for a license under this section with the department by submitting to the department all of the following:

AB763,36,8 (a) An application in the form prescribed under sub. (5) that includes a notarized statement as required under sub. (6).

AB763,36,9 (bd) A license fee of $52.

AB763,36,10 (bh) A fee for a background check of $8.

AB763,36,13 (bp) A shooting range improvement fee of $15 written as a separate check, made out to the applicant's county of residence, that the department shall forward to that county on at least a quarterly basis.

AB763,36,15 (d) A photocopy of a certificate or other evidence showing the applicant's qualifications under sub. (3) (h).

AB763,36,18 (9) Processing of application. (a) Upon receiving an application submitted under sub. (7), the department shall conduct a background check, as provided under sub. (9g).

AB763,36,20 (b) Within 21 days after receiving an application under sub. (7), the department shall do one of the following:

AB763,36,22 1. Issue the license and promptly send the licensee his or her license document by 1st class mail.

AB763,37,2 2. Deny the application, but only if the applicant fails to qualify under the criteria specified in sub. (3). If the department denies the application, the department shall inform the applicant in writing, stating the reason and factual basis for the denial to the extent permitted under federal law.

AB763,37,4 (9g) Background checks. (b) The department shall conduct a background check regarding an applicant for a license using the following procedure:

AB763,37,6 1. The department shall create a confirmation number associated with the applicant.

AB763,37,8 2. The department shall use the transaction information for management of enforcement system and the national crime information center system.

AB763,37,9 3. As soon as practicable, the department shall do the following:

AB763,37,12 a. If the background check indicates that the applicant does not qualify for a license under sub. (3) (c), (d), (e), (f), (g), (i), (im), (j), (k), (L), (m), (n), (o), or (r), create a unique nonapproval number for the applicant.

AB763,37,15 b. If the completed background check does not indicate that the applicant is disqualified for a license under sub. (3) (c), (d), (e), (f), (g), (i), (im), (j), (k), (L), (m), (n), (o), or (r), create a unique approval number for the applicant.

AB763,37,20 c. If the background check indicates that the applicant was the subject of a relevant criminal charge for which there is no recorded disposition or if, in the case of a misdemeanor delinquency adjudication, the background check does not indicate how long the resultant dispositional order was in effect, make all reasonable efforts to obtain the missing information.

AB763,37,23 (c) The department shall conduct the background check under par. (b) immediately if the background check is for an applicant for an emergency license under sub. (9r).

AB763,38,3 (d) The department shall maintain the record of all completed application forms and a record of all confirmation numbers and corresponding approval or nonapproval numbers regarding background checks under this subsection.

AB763,38,15 (e) 1. The department shall check each application form under par. (d) against the information recorded by the department regarding the corresponding request for a background check under this subsection. If the department previously provided a unique approval number regarding the request and nothing in the completed application form indicates that the applicant is not qualified for a license under sub. (3) (c), (d), (e), (f), (g), (i), (im), (j), (k), (L), (m), (n), (o), or (r), the department shall, except as provided in subd. 2., destroy all records regarding that background check within 30 days after receiving the form. If the department previously provided a unique approval number regarding the request and the completed application form indicates that the applicant is not qualified for a license under sub. (3) (c), (d), (e), (f), (g), (i), (im), (j), (k), (L), (m), (n), (o), or (r), the department shall immediately revoke the license.

AB763,38,20 2. The department may maintain records necessary to administer this subsection and, for a period of not more than 15 months after the department issues a unique approval number, a log of dates of requests for background checks under this subsection together with confirmation numbers and unique approval and nonapproval numbers corresponding to those dates.

AB763,38,23 (f) The department shall promulgate rules authorizing it to obtain records necessary to determine an applicant's eligibility under sub. (3) (e), (g) 1., (i), (im), and (j) for a license issued under this section.

AB763,39,5 (9r) Emergency license. (a) Unless the department knows that the person is not qualified for a license under sub. (3) (a) to (g) or (i) to (s), the department may issue a license under this section to an individual who does not satisfy the requirements under sub. (3) (h) if the department determines that immediate licensure is warranted to protect the individual from death or great bodily harm, as defined in s. 939.22 (14). If the department issues a license under this paragraph it shall conduct an immediate background check under sub. (9g).