AB558: Bill Text

LRB-3681/1

CMH:nwn:md

2009 - 2010 LEGISLATURE

2009 Assembly BILL 558

November 10, 2009 - Introduced by Representatives Staskunas, Bernard Schaber, Hraychuck, Pasch, Pope-Roberts, Parisi, Roys, Berceau, Fields, Turner, A. Ott, Milroy, Cullen, Van Akkeren, Zepnick, Seidel, Strachota, Grigsby and LeMahieu, cosponsored by Senators Taylor, Robson, Lassa, Jauch and Coggs. Referred to Committee on Corrections and the Courts.

AB558,1,7 An Act to repeal 941.29 (2); to renumber 971.17 (1g); to renumber and amend 941.29 (1); to amend 938.396 (2g) (d), 941.29 (3), 941.29 (4), 941.29 (5) (intro.), 941.29 (5) (a), 941.29 (8), 941.29 (9), 941.29 (10) (intro.) and 973.176 (1); and to create 941.29 (1c), 941.29 (1m) (ag), 941.29 (1m) (cm), 971.17 (1g) (b) and 973.136 of the statutes; relating to: the possession of a firearm by a person who has committed a misdemeanor crime of domestic violence and providing a penalty.

Analysis by the Legislative Reference Bureau

Current law prohibits a person from possessing a firearm if he or she has been convicted of a felony, found not guilty of a felony by reason of mental disease or defect, or adjudicated delinquent for an act that if committed by an adult in this state would be a felony. Federal law prohibits a person who is convicted of a misdemeanor crime of domestic violence from possessing a firearm. Under this bill, following a conviction, or a finding of not guilty by reason of mental disease or defect, for a misdemeanor crime of domestic violence, state law also prohibits the person from possessing a firearm. A person who violates the prohibition is guilty of a felony and is subject to a fine of up to $25,000 or a term of imprisonment of up to 10 years, or both.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB558, s. 1 Section 1. 938.396 (2g) (d) of the statutes is amended to read:

AB558,2,11 938.396 (2g) (d) Bail; impeachment; firearm possession. Upon request of a court of criminal jurisdiction or a district attorney to review court records for the purpose of setting bail under ch. 969, impeaching a witness under s. 906.09, or investigating and determining whether a person has possessed a firearm in violation of s. 941.29 (2) or body armor in violation of s. 941.291 (2) or upon request of a court of civil jurisdiction or the attorney for a party to a proceeding in that court to review court records for the purpose of impeaching a witness under s. 906.09, the court assigned to exercise jurisdiction under this chapter and ch. 48 shall open for inspection by authorized representatives of the requester the records of the court relating to any juvenile who has been the subject of a proceeding under this chapter.

AB558, s. 2 Section 2. 941.29 (1) of the statutes is renumbered 941.29 (1m) and amended to read:

AB558,2,16 941.29 (1m) A person is subject to the requirements and penalties of this section if he or she has been who possesses a firearm is guilty of a Class G felony if any of the following applies:

AB558,2,17 (a) Convicted The person has been convicted of a felony in this state.

AB558,2,19 (b) Convicted The person has been convicted of a crime elsewhere that would be a felony if committed in this state.

AB558,3,3 (bm) Adjudicated The person has been adjudicated delinquent for an act committed on or after April 21, 1994, that if committed by an adult in this state would be a felony.

AB558,3,5 (c) Found The person has been found not guilty of a felony in this state by reason of mental disease or defect.

AB558,3,8 (d) Found The person has been found not guilty of or not responsible for a crime elsewhere that would be a felony in this state by reason of insanity or mental disease, defect or illness.

AB558,3,10 (e) Committed The person has been committed for treatment under s. 51.20 (13) (a) and ordered not to possess a firearm under s. 51.20 (13) (cv).

AB558,3,16 (f) Enjoined under The person is subject to an injunction issued under s. 813.12 or 813.122 or under a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under s. 941.29 and that has been filed under s. 806.247 (3).

AB558,3,18 (g) Ordered The person is subject to an order not to possess a firearm under s. 813.125 (4m).

AB558, s. 3 Section 3. 941.29 (1c) of the statutes is created to read:

AB558,3,21 941.29 (1c) In this section, "misdemeanor crime of domestic violence" has the meaning given in s. 973.136 (1) (e).

AB558, s. 4 Section 4. 941.29 (1m) (ag) of the statutes is created to read:

AB558,3,24 941.29 (1m) (ag) The person has been convicted on or after the effective date of this paragraph .... [LRB inserts date], of a misdemeanor crime of domestic violence.

AB558, s. 5 Section 5. 941.29 (1m) (cm) of the statutes is created to read:

AB558,4,3 941.29 (1m) (cm) The person has been found not guilty by reason of mental disease or defect on or after the effective date of this paragraph .... [LRB inserts date], of a misdemeanor crime of domestic violence.

AB558, s. 6 Section 6. 941.29 (2) of the statutes is repealed.

AB558, s. 7 Section 7. 941.29 (3) of the statutes is amended to read:

AB558,4,7 941.29 (3) Any firearm involved in an offense under sub. (2) this section is subject to s. 968.20 (3).

AB558, s. 8 Section 8. 941.29 (4) of the statutes is amended to read:

AB558,4,11 941.29 (4) A person is concerned with the commission of a crime, as specified in s. 939.05 (2) (b), in violation of this section if he or she knowingly furnishes a person with a firearm in violation of sub. (2) this section.

AB558, s. 9 Section 9. 941.29 (5) (intro.) of the statutes is amended to read:

AB558,4,14 941.29 (5) (intro.) This section does not apply to any person specified in sub. (1) (1m) who:

AB558, s. 10 Section 10. 941.29 (5) (a) of the statutes is amended to read:

AB558,4,18 941.29 (5) (a) Has received a pardon with respect to the crime or felony specified in sub. (1) (1m) and has been expressly authorized to possess a firearm under 18 USC app. 1203; or

AB558, s. 11 Section 11. 941.29 (8) of the statutes is amended to read:

AB558,4,24 941.29 (8) This section does not apply to any person specified in sub. (1) (1m) (bm) if a court subsequently determines that the person is not likely to act in a manner dangerous to public safety. In any action or proceeding regarding this determination, the person has the burden of proving by a preponderance of the evidence that he or she is not likely to act in a manner dangerous to public safety.

AB558, s. 12 Section 12. 941.29 (9) of the statutes is amended to read:

AB558,5,3 941.29 (9) This section does not apply to a person specified in sub. (1) (1m) (e) if the prohibition under s. 51.20 (13) (cv) 1. has been canceled under s. 51.20 (13) (cv) 2. or (16) (gm).

AB558, s. 13 Section 13. 941.29 (10) (intro.) of the statutes is amended to read:

AB558,5,7 941.29 (10) (intro.) The prohibition against firearm possession under this section does not apply to a person specified in sub. (1) (1m) (f) if the person satisfies any of the following:

AB558, s. 14 Section 14. 971.17 (1g) of the statutes is renumbered 971.17 (1g) (a).

AB558, s. 15 Section 15. 971.17 (1g) (b) of the statutes is created to read:

AB558,5,11 971.17 (1g) (b) 1. In this paragraph, "misdemeanor crime of domestic violence" has the meaning given in s. 973.136 (1) (e).

AB558,5,16 2. If the defendant under sub. (1) is found not guilty by reason of mental disease or defect of a misdemeanor crime of domestic violence, the court shall enter a finding to that effect in the record for purposes of determining whether the person is prohibited from possessing a firearm under s. 941.29 and shall inform the defendant of the requirements and penalties under s. 941.29.

AB558, s. 16 Section 16. 973.136 of the statutes is created to read:

AB558,5,18 973.136 Prohibition for certain misdemeanor crimes. (1) In this section:

AB558,5,19 (a) "Caregiver" has the meaning given in s. 813.12 (1) (ad).

AB558,5,20 (b) "Dating relationship" has the meaning given in s. 813.12 (1) (ag).

AB558,5,21 (c) "Family member" has the meaning given in s. 813.12 (1) (b).

AB558,5,22 (d) "Household member" has the meaning given in s. 813.12 (1) (c).

AB558,5,23 (e) "Misdemeanor crime of domestic violence" means any of the following:

AB558,6,5 1. A violation or attempted violation of s. 940.19 (1), 940.195 (1), 940.225 (3m), 941.20 (1), or 947.012 (1) when committed by an adult family member or adult household member against another adult family member or adult household member, by an adult caregiver against an adult who is under the caregiver's care, by an adult against his or her adult former spouse, by an adult against an adult with whom the person has or had a dating relationship, or by an adult against an adult with whom the person has a child in common.

AB558,6,10 2. A violation of s. 947.01 in which the person engaged in violent or abusive conduct to harm, intimidate, or threaten an adult who is the person's family member or household member, an adult for whom the person is a caregiver, the person's adult former spouse, an adult with whom the person has or had a dating relationship, or an adult with whom the person has a child in common.

AB558,6,17 3. A misdemeanor, except a misdemeanor listed in subd. 1. or 2., committed by an adult family member or adult household member against another adult family member or adult household member, by an adult caregiver against an adult who is under the caregiver's care, by an adult against his or her adult former spouse, by an adult against an adult with whom the person has or had a dating relationship, or by an adult against an adult with whom the person has a child in common, if the court has increased the maximum term of imprisonment under s. 939.63 (1) (a).

AB558,6,20 (2) If a person is convicted of a misdemeanor crime of domestic violence, the court shall enter a finding to that effect in the record for purposes of determining whether the person is prohibited from possessing a firearm under s. 941.29.

AB558, s. 17 Section 17. 973.176 (1) of the statutes is amended to read:

AB558,6,25 973.176 (1) Firearm possession. Whenever a court imposes a sentence or places a defendant on probation regarding a felony conviction for a felony or for a misdemeanor crime of domestic violence, as defined in s. 973.136 (1) (e), the court shall inform the defendant of the requirements and penalties under s. 941.29.

AB558, s. 18 Section 18. Initial applicability.

AB558,7,4 (1) The treatment of section 971.17 (1g) (b) of the statutes first applies to findings of not guilty by reason of mental disease or defect that occur on the effective date of this subsection.

AB558,7,6 (2) The treatment of section 973.136 of the statutes first applies to convictions that occur on the effective date of this subsection.

AB558, s. 19 Section 19. Effective date.

AB558,7,9 (1) This act takes effect on the first day of the 6th month beginning after publication.

AB558,7,10 (End)