Amendment AA4-SB93

SB93-AA4,13,19 938.396 (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.".

SB93-AA4,13,21 14. Page 43, line 6: after "felony" insert "or a violent nonfelony offense, as defined in s. 941.29 (1g),".

SB93-AA4,13,22 15. Page 43, line 19: after that line insert:

SB93-AA4,13,23 " Section 49g. 939.6185 of the statutes is created to read:

SB93-AA4,14,7 939.6185 Mandatory minimum sentence for illegally carrying a concealed weapon if previously convicted of violent felony. If a person is convicted of a violation of s. 941.23 (2d) and the person has been previously convicted of a violent offense, as defined in s. 301.048 (2) (bm), the court shall impose a bifurcated sentence under s. 973.01. The term of confinement in prison portion of the bifurcated sentence shall be at least 3 years. Otherwise the penalties for the crime apply, subject to any applicable penalty enhancement.

SB93-AA4, s. 49h Section 49h. 939.632 (1) (e) 3. of the statutes is amended to read:

SB93-AA4,14,10 939.632 (1) (e) 3. Any misdemeanor under s. 940.19 (1), 940.225 (3m), 940.32 (2), 940.42, 940.44, 941.20 (1), 941.23 (2), 941.235, 941.24 or 941.38 (3).".

SB93-AA4,14,11 16. Page 43, line 22: delete lines 22 to 24 and substitute:

SB93-AA4,14,14 "941.23 (2) (intro.) Any Except as provided in sub. (2d), any person, other than one of the following, who carries a concealed and dangerous weapon is guilty of a Class A misdemeanor:".

SB93-AA4,14,15 17. Page 46, line 12: after that line insert:

SB93-AA4,14,16 " Section 55g. 941.23 (2d) of the statutes is created to read:

SB93-AA4,14,19 941.23 (2d) A person who violates sub. (2), who is ineligible to possess a firearm as indicated by a search in the national instant criminal background check system, is guilty of a Class H felony.".

SB93-AA4,14,20 18. Page 49, line 4: after that line insert:

SB93-AA4,14,22 " Section 64b. 941.29 (1) of the statutes is renumbered 941.29 (1m) and amended to read:

SB93-AA4,15,3 941.29 (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 apply:

SB93-AA4,15,4 (a) Convicted The person has been convicted of a felony in this state.

SB93-AA4,15,6 (b) Convicted The person has been convicted of a crime elsewhere that would be a felony if committed in this state.

SB93-AA4,15,9 (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.

SB93-AA4,15,11 (c) Found The person has been found not guilty of a felony in this state by reason of mental disease or defect.

SB93-AA4,15,14 (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.

SB93-AA4,15,17 (e) Committed The person has been committed for treatment under s. 51.20 (13) (a) and ordered is subject to an order not to possess a firearm under s. 51.20 (13) (cv) 1., 2007 stats.

SB93-AA4,15,19 (em) Ordered The person has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a).

SB93-AA4,15,25 (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).

SB93-AA4,16,2 (g) Ordered The person is subject to an order not to possess a firearm under s. 813.125 (4m).

SB93-AA4, s. 64c Section 64c. 941.29 (1g) of the statutes is created to read:

SB93-AA4,16,4 941.29 (1g) "Violent nonfelony offense" means any of the following:

SB93-AA4,16,6 (a) A misdemeanor violation of s. 940.19, 940.195, 940.225, 940.42, 940.44, 941.20, 941.237, 941.38, 941.39, 947.013, 948.10, 948.55, or 948.60.

SB93-AA4,16,8 (b) A violation of a temporary restraining order or injunction issued under s. 813.12 (3) or (4), 813.122 (4) or (5), or 813.125 (3) or (4).

SB93-AA4,16,10 (c) Any misdemeanor crime for which the maximum term of imprisonment has been increased under s. 939.63.

SB93-AA4, s. 64d Section 64d. 941.29 (1m) (ag) of the statutes is created to read:

SB93-AA4,16,13 941.29 (1m) (ag) The person has been convicted on or after the effective date of this paragraph .... [LRB inserts date], of a violent nonfelony offense.

SB93-AA4, s. 64e Section 64e. 941.29 (1m) (bg) of the statutes is created to read:

SB93-AA4,16,17 941.29 (1m) (bg) The person has been convicted elsewhere on or after the effective date of this paragraph .... [LRB inserts date], of a crime that would be a violent nonfelony offense if committed in this state.

SB93-AA4, s. 64f Section 64f. 941.29 (1m) (br) of the statutes is created to read:

SB93-AA4,16,21 941.29 (1m) (br) The person has been adjudicated delinquent on or after the effective date of this paragraph .... [LRB inserts date], for an act that if committed by an adult in this state would be a violent nonfelony offense.

SB93-AA4, s. 64g Section 64g. 941.29 (1m) (cg) of the statutes is created to read:

SB93-AA4,16,25 941.29 (1m) (cg) On or after the effective date of this paragraph .... [LRB inserts date], the person has been found not guilty by reason of mental disease or defect of a violent nonfelony offense in this state.

SB93-AA4, s. 64h Section 64h. 941.29 (1m) (dg) of the statutes is created to read:

SB93-AA4,17,5 941.29 (1m) (dg) On or after the effective date of this paragraph .... [LRB inserts date], the person has been found not guilty of, or not responsible for, by reason of insanity or mental disease, defect, or illness, a crime elsewhere that would be a violent nonfelony offense in this state.

SB93-AA4, s. 64i Section 64i. 941.29 (2) of the statutes is repealed.

SB93-AA4, s. 64j Section 64j. 941.29 (3) of the statutes is amended to read:

SB93-AA4,17,9 941.29 (3) Any firearm involved in an offense under sub. (2) this section is subject to s. 968.20 (3).

SB93-AA4, s. 64k Section 64k. 941.29 (4) of the statutes is amended to read:

SB93-AA4,17,13 941.29 (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.

SB93-AA4, s. 64L Section 64L. 941.29 (5) (intro.) of the statutes is amended to read:

SB93-AA4,17,16 941.29 (5) (intro.) This section does not apply to any person specified in sub. (1) (1m) who:

SB93-AA4, s. 64m Section 64m. 941.29 (5) (a) of the statutes is amended to read:

SB93-AA4,17,20 941.29 (5) (a) Has received a pardon with respect to the crime or felony specified in sub. (1) and has been (1m) and the pardon expressly authorized authorizes the person to possess a firearm under 18 USC app. 1203; or

SB93-AA4, s. 64n Section 64n. 941.29 (8) of the statutes is amended to read:

SB93-AA4,18,2 941.29 (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.

SB93-AA4, s. 64o Section 64o. 941.29 (9) of the statutes is repealed.

SB93-AA4, s. 64p Section 64p. 941.29 (10) (intro.) of the statutes is amended to read:

SB93-AA4,18,7 941.29 (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:

SB93-AA4, s. 64q Section 64q. 941.29 (11) of the statutes is created to read:

SB93-AA4,18,11 941.29 (11) Subsection (1m) (ag), (bg), (br), (cg), and (dg) does not apply if the conviction, adjudication, or finding occurred more than 5 years before the date on which the person possesses the firearm.

SB93-AA4, s. 64s Section 64s. 941.2905 of the statutes is created to read:

SB93-AA4,18,15 941.2905 Straw purchase of firearm. (1) Whoever purchases a firearm for a person knowing that the person is prohibited from possessing a firearm under s. 941.29 is guilty of a Class G felony.

SB93-AA4,18,18 (2) A person who possesses a firearm in violation of s. 941.29 (2) is guilty of a Class F felony if he or she knows that another person purchased the firearm for the person.".

SB93-AA4,18,21 19. Page 51, line 9: after "admission." insert ""Special event" does not include Summerfest, an event in Miller Park stadium, an event held at State Fair Park or an outdoor festival under s. 175.60 (16) (a) 29.".

SB93-AA4,18,22 20. Page 52, line 3: delete lines 3 to 10.

SB93-AA4,18,23 21. Page 53, line 3: delete lines 3 to 9.

SB93-AA4,18,24 22. Page 53, line 10: delete lines 10 to 15.

SB93-AA4,19,1 23. Page 54, line 8: after that line insert:

SB93-AA4,19,3 "1m. For purposes of sub. (1m) (c) 2. to 5. notice may be given as provided in subd. 2. or personally, either orally or in writing.".

SB93-AA4,19,4 24. Page 54, line 9: delete lines 9 to 16.

SB93-AA4,19,5 25. Page 54, line 17: delete "2., 4., and 5." and substitute "2.".

SB93-AA4,19,6 26. Page 54, line 17: before "am." insert "2.".

SB93-AA4,19,8 27. Page 54, line 18: delete the material beginning with ", the state" and ending with "college" on line 19.

SB93-AA4,19,9 28. Page 54, line 21: delete ", state, local governmental unit".

SB93-AA4,19,11 29. Page 54, line 21: delete ", local governmental unit" and substitute ", or local governmental unit".

SB93-AA4,19,14 30. Page 57, line 13: before "Any individual" insert " Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is in a school forest is guilty of a Class C misdemeanor.".

SB93-AA4,19,16 31. Page 57, line 15: delete "is subject to a Class B forfeiture" and substitute "is guilty of a Class C misdemeanor".

SB93-AA4,19,18 32. Page 57, line 16: delete the material beginning with that line and ending with page 58, line 9.

SB93-AA4,19,19 33. Page 58, line 12: after that line insert:

SB93-AA4,19,20 " Section 97m. 971.17 (1g) of the statutes is amended to read:

SB93-AA4,20,2 971.17 (1g) If the defendant under sub. (1) is found not guilty of a felony or a violent nonfelony offense, as defined in s. 941.29 (1g), by reason of mental disease or defect, the court shall inform the defendant of the requirements and penalties under s. 941.29.".

SB93-AA4,20,3 34. Page 59, line 2: after that line insert:

SB93-AA4,20,4 " Section 99p. 973.176 (1) of the statutes is amended to read:

SB93-AA4,20,8 973.176 (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 violent nonfelony offense, as defined in s. 941.29 (1g), the court shall inform the defendant of the requirements and penalties under s. 941.29.".

SB93-AA4,20,9 35. Page 60, line 1: before that line insert:

SB93-AA4,20,10 " Section 100m. Initial applicability.

SB93-AA4,20,17 (1) The treatment of sections 175.33 and 175.35 (2) (intro.) and (a) to (d), (2b), (2c) (a) (intro.) and (b), (2g) (c) (intro.) and 4. c., (2i), and (2k) (aL) 1. and 3., (ar) (intro), 1., and 2., (b) 2. a. and b., and (h) of the statutes, the renumbering of section 175.35 (2j) of the statutes, the renumbering and amendment of section 175.35 (2g) (b) and (3) of the statutes, and the creation of section 175.35 (2g) (b) 2., (2j) (b), and (3) (a) of the statutes first apply to sales or transfers of ownership of firearms that occur on the effective date of this subsection.

SB93-AA4,20,21 (2) The treatment of sections 938.341, 938.396 (2g) (n), 971.17 (1g), and 973.176 (1) of the statutes first applies to delinquency adjudications, findings of not guilty by reason of mental disease or defect, and convictions occurring on the effective date of this subsection.".

SB93-AA4,20,22 (End)