LRB-3399/1
CMH:nwn:ph
2009 - 2010 LEGISLATURE
November 3, 2009 - Introduced by Senators Taylor, Robson, Lassa, Jauch and
Coggs, cosponsored by Representatives
Staskunas, Bernard Schaber,
Hraychuck, Pasch, Pope-Roberts, Parisi, Roys, Berceau, Fields, Turner, A.
Ott, Milroy, Cullen, Van Akkeren, Zepnick, Seidel, Grigsby and LeMahieu.
Referred to Committee on Judiciary, Corrections, Insurance, Campaign
Finance Reform, and Housing.
SB380,1,7
1An Act to repeal 941.29 (2);
to renumber 971.17 (1g);
to renumber and
2amend 941.29 (1);
to amend 938.396 (2g) (d), 941.29 (3), 941.29 (4), 941.29 (5)
3(intro.), 941.29 (5) (a), 941.29 (8), 941.29 (9), 941.29 (10) (intro.) and 973.176 (1);
4and
to create 941.29 (1c), 941.29 (1m) (ag), 941.29 (1m) (cm), 971.17 (1g) (b) and
5973.136 of the statutes;
relating to: the possession of a firearm by a person who
6has committed a misdemeanor crime of domestic violence and providing a
7penalty.
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:
SB380, s. 1
1Section
1. 938.396 (2g) (d) of the statutes is amended to read:
SB380,2,112
938.396
(2g) (d)
Bail; impeachment; firearm possession. Upon request of a
3court of criminal jurisdiction or a district attorney to review court records for the
4purpose of setting bail under ch. 969, impeaching a witness under s. 906.09, or
5investigating and determining whether a person has possessed a firearm in violation
6of s. 941.29
(2) or body armor in violation of s. 941.291 (2) or upon request of a court
7of civil jurisdiction or the attorney for a party to a proceeding in that court to review
8court records for the purpose of impeaching a witness under s. 906.09, the court
9assigned to exercise jurisdiction under this chapter and ch. 48 shall open for
10inspection by authorized representatives of the requester the records of the court
11relating to any juvenile who has been the subject of a proceeding under this chapter.
SB380, s. 2
12Section
2. 941.29 (1) of the statutes is renumbered 941.29 (1m) and amended
13to read:
SB380,2,1614
941.29
(1m) A person
is subject to the requirements and penalties of this
15section if he or she has been who possesses a firearm is guilty of a Class G felony if
16any of the following applies:
SB380,2,1717
(a)
Convicted The person has been convicted of a felony in this state.
SB380,2,1918
(b)
Convicted The person has been convicted of a crime elsewhere that would
19be a felony if committed in this state.
SB380,3,3
1(bm)
Adjudicated The person has been adjudicated delinquent for an act
2committed on or after April 21, 1994, that if committed by an adult in this state would
3be a felony.
SB380,3,54
(c)
Found The person has been found not guilty of a felony in this state by reason
5of mental disease or defect.
SB380,3,86
(d)
Found The person has been found not guilty of or not responsible for a crime
7elsewhere that would be a felony in this state by reason of insanity or mental disease,
8defect or illness.
SB380,3,109
(e)
Committed The person has been committed for treatment under s. 51.20 (13)
10(a) and ordered not to possess a firearm under s. 51.20 (13) (cv).
SB380,3,1611
(f)
Enjoined under The person is subject to an injunction issued under s. 813.12
12or 813.122 or under a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court
13established by any federally recognized Wisconsin Indian tribe or band, except the
14Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he
15or she is subject to the requirements and penalties under s. 941.29 and that has been
16filed under s. 806.247 (3).
SB380,3,1817
(g)
Ordered The person is subject to an order not to possess a firearm under s.
18813.125 (4m).
SB380, s. 3
19Section
3. 941.29 (1c) of the statutes is created to read:
SB380,3,2120
941.29
(1c) In this section, "misdemeanor crime of domestic violence" has the
21meaning given in s. 973.136 (1) (e).
SB380, s. 4
22Section
4. 941.29 (1m) (ag) of the statutes is created to read:
SB380,3,2423
941.29
(1m) (ag) The person has been convicted on or after the effective date
24of this paragraph .... [LRB inserts date], of a misdemeanor crime of domestic violence.
SB380, s. 5
25Section
5. 941.29 (1m) (cm) of the statutes is created to read:
SB380,4,3
1941.29
(1m) (cm) The person has been found not guilty by reason of mental
2disease or defect on or after the effective date of this paragraph .... [LRB inserts date],
3of a misdemeanor crime of domestic violence.
SB380, s. 6
4Section
6. 941.29 (2) of the statutes is repealed.
SB380, s. 7
5Section
7. 941.29 (3) of the statutes is amended to read:
SB380,4,76
941.29
(3) Any firearm involved in an offense under
sub. (2) this section is
7subject to s. 968.20 (3).
SB380, s. 8
8Section
8. 941.29 (4) of the statutes is amended to read:
SB380,4,119
941.29
(4) A person is concerned with the commission of a crime, as specified
10in s. 939.05 (2) (b), in violation of this section if he or she knowingly furnishes a person
11with a firearm in violation of
sub. (2) this section.
SB380, s. 9
12Section
9. 941.29 (5) (intro.) of the statutes is amended to read:
SB380,4,1413
941.29
(5) (intro.) This section does not apply to any person specified in sub.
14(1) (1m) who:
SB380, s. 10
15Section
10. 941.29 (5) (a) of the statutes is amended to read:
SB380,4,1816
941.29
(5) (a) Has received a pardon with respect to the crime or felony specified
17in sub.
(1) (1m) and has been expressly authorized to possess a firearm under 18 USC
18app. 1203; or
SB380, s. 11
19Section
11. 941.29 (8) of the statutes is amended to read:
SB380,4,2420
941.29
(8) This section does not apply to any person specified in sub.
(1) (1m) 21(bm) if a court subsequently determines that the person is not likely to act in a
22manner dangerous to public safety. In any action or proceeding regarding this
23determination, the person has the burden of proving by a preponderance of the
24evidence that he or she is not likely to act in a manner dangerous to public safety.
SB380, s. 12
25Section
12. 941.29 (9) of the statutes is amended to read:
SB380,5,3
1941.29
(9) This section does not apply to a person specified in sub.
(1) (1m) (e)
2if the prohibition under s. 51.20 (13) (cv) 1. has been canceled under s. 51.20 (13) (cv)
32. or (16) (gm).
SB380, s. 13
4Section
13. 941.29 (10) (intro.) of the statutes is amended to read:
SB380,5,75
941.29
(10) (intro.) The prohibition against firearm possession under this
6section does not apply to a person specified in sub.
(1) (1m) (f) if the person satisfies
7any of the following:
SB380, s. 14
8Section
14. 971.17 (1g) of the statutes is renumbered 971.17 (1g) (a).
SB380, s. 15
9Section
15. 971.17 (1g) (b) of the statutes is created to read:
SB380,5,1110
971.17
(1g) (b) 1. In this paragraph, "misdemeanor crime of domestic violence"
11has the meaning given in s. 973.136 (1) (e).
SB380,5,1612
2. If the defendant under sub. (1) is found not guilty by reason of mental disease
13or defect of a misdemeanor crime of domestic violence, the court shall enter a finding
14to that effect in the record for purposes of determining whether the person is
15prohibited from possessing a firearm under s. 941.29 and shall inform the defendant
16of the requirements and penalties under s. 941.29.
SB380, s. 16
17Section
16. 973.136 of the statutes is created to read:
SB380,5,18
18973.136 Prohibition for certain misdemeanor crimes. (1) In this section:
SB380,5,1919
(a) "Caregiver" has the meaning given in s. 813.12 (1) (ad).