Amendment SA1-SSA1-SB93

LRBa1146/1

CMH:cjs:md

2011 - 2012 LEGISLATURE

SENATE AMENDMENT 1, TO SENATE SUBSTITUTE AMENDMENT 1, TO 2011 SENATE BILL 93

May 25, 2011 - Offered by Senators Risser and Erpenbach.

SB93-SSA1-SA1,1,1 At the locations indicated, amend the substitute amendment as follows:

SB93-SSA1-SA1,1,2 1. Page 7, line 2: after that line insert:

SB93-SSA1-SA1,1,3 " Section 19p. 165.25 (13) of the statutes is created to read:

SB93-SSA1-SA1,1,8 165.25 (13) Certify accuracy of background checks for optional licenses to carry concealed weapons. Certify that a background check, as defined in s. 175.60 (1) (ac), is accessing and including at least 95 percent of the information necessary to determine if an individual who is applying for a license under s. 175.60 is ineligible under s. 175.60 (3) (b) or (c).".

SB93-SSA1-SA1,1,9 2. Page 13, line 13: after that line insert:

SB93-SSA1-SA1,1,10 "(cm) The individual has been convicted of a misdemeanor violation of ch. 961.".

SB93-SSA1-SA1,1,11 3. Page 14, line 1: after "(c)," insert "(cm),".

SB93-SSA1-SA1,2,1 4. Page 14, line 16: delete "(1m) (c)" and substitute "(1n)".

SB93-SSA1-SA1,2,3 5. Page 14, line 22: delete the material beginning with ", by mail" and ending with "by the department," on line 23 and substitute "in person".

SB93-SSA1-SA1,2,4 6. Page 15, line 8: after that line insert:

SB93-SSA1-SA1,2,8 "(e) A certificate that indicates that he or she completed a firearms safety course that was taught by a firearms safety instructor who has been certified by the department, that was of a duration of at least 10 hours, and that included training in all of the following:

SB93-SSA1-SA1,2,9 1. Understanding of firearms.

SB93-SSA1-SA1,2,10 2. How to carry a firearm safely.

SB93-SSA1-SA1,2,12 3. How to care for, handle, load, unload, clean, and store firearms and firearms equipment.

SB93-SSA1-SA1,2,13 4. How to handle firearms emergencies.

SB93-SSA1-SA1,2,14 5. The fundamentals of marksmanship.".

SB93-SSA1-SA1,2,15 7. Page 15, line 15: after "(c)," insert "(cm),".

SB93-SSA1-SA1,2,16 8. Page 16, line 1: delete "(b) or (c)" and substitute "(b), (c), or (cm)".

SB93-SSA1-SA1,2,17 9. Page 16, line 3: delete "(b) or (c)" and substitute "(b), (c), or (cm)".

SB93-SSA1-SA1,2,19 10. Page 18, line 1: delete "Subject to par. (b) 2." and substitute "Except as provided in pars. (b) and (c)".

SB93-SSA1-SA1,2,20 11. Page 18, line 4: after that line insert:

SB93-SSA1-SA1,2,22 "(b) The department shall provide a law enforcement agency access to the records the department maintains under par. (a).

SB93-SSA1-SA1,3,2 (c) All records or portions of records that the department maintains under par. (a) are subject to inspection and copying under s. 19.35 (1).".

SB93-SSA1-SA1,3,4 12. Page 18, line 5: delete the material beginning with that line and ending with page 19, line 21.

SB93-SSA1-SA1,3,5 13. Page 20, line 8: after "(c)," insert "(cm),".

SB93-SSA1-SA1,3,6 14. Page 20, line 13: after "(b), (c)," insert "(cm),".

SB93-SSA1-SA1,3,7 15. Page 23, line 19: after that line insert:

SB93-SSA1-SA1,3,11 "5. Submits a certificate that indicates that he or she completed a firearms safety course that was taught by a firearms safety instructor who has been certified by the department, that was of a duration of at least 8 hours, and that provided continuing firearms education.".

SB93-SSA1-SA1,3,12 16. Page 24, line 3: delete "(e), (12), or (12g)" and substitute "(e) or (12) (a)".

SB93-SSA1-SA1,3,13 17. Page 24, line 6: delete lines 6 to 10.

SB93-SSA1-SA1,3,14 18. Page 27, line 5: after that line insert:

SB93-SSA1-SA1,3,15 " Section 51p. 938.396 (2g) (d) of the statutes is amended to read:

SB93-SSA1-SA1,4,2 938.396 (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-SSA1-SA1,4,3 19. Page 28, line 22: after that line insert:

SB93-SSA1-SA1,4,4 " Section 55p. 939.632 (1) (e) 1. of the statutes is amended to read:

SB93-SSA1-SA1,4,9 939.632 (1) (e) 1. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09 (1c), 940.19 (2), (4) or (5), 940.20 (1h), 940.21, 940.225 (1), (2) or (3), 940.235, 940.305, 940.31, 941.20, 941.21, 943.02, 943.06, 943.10 (2), 943.23 (1g), 943.32 (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.051, 948.055, 948.07, 948.08, 948.085, or 948.30 (2) or under s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies.".

SB93-SSA1-SA1,4,10 20. Page 28, line 25: after that line insert:

SB93-SSA1-SA1,4,11 " Section 56g. 941.20 (1) (b) and (bm) of the statutes are amended to read:

SB93-SSA1-SA1,4,13 941.20 (1) (b) Operates Except as provided in sub. (1h), operates or goes armed with a firearm while he or she is under the influence of an intoxicant ; or.

SB93-SSA1-SA1,4,22 (bm) Operates Except as provided in sub. (1h), operates or goes armed with a firearm while he or she has a detectable amount of a restricted controlled substance in his or her blood. A defendant has a defense to any action under this paragraph that is based on the defendant allegedly having a detectable amount of methamphetamine, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

SB93-SSA1-SA1, s. 56r Section 56r. 941.20 (1h) of the statutes is created to read:

SB93-SSA1-SA1,5,2 941.20 (1h) Whoever violates sub. (1) (b) or (bm) as a 2nd or subsequent offense is guilty of a Class I felony.".

SB93-SSA1-SA1,5,3 21. Page 29, line 14: after that line insert:

SB93-SSA1-SA1,5,5 "5. Any building or part of a building that is used by a county department of human services.".

SB93-SSA1-SA1,5,7 22. Page 30, line 2: after "employment" insert ", including any period that the employee uses a car that is owned or leased by the business".

SB93-SSA1-SA1,5,10 23. Page 30, line 7: delete "or whether" and substitute ", except that an employer may prohibit an employee from carrying or storing any weapon or ammunition in the employee's own vehicle if".

SB93-SSA1-SA1,5,11 24. Page 30, line 13: after that line insert:

SB93-SSA1-SA1,5,13 " Section 60d. 941.29 (1) of the statutes is renumbered 941.29 (1m) and amended to read:

SB93-SSA1-SA1,5,16 941.29 (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:

SB93-SSA1-SA1,5,17 (a) Convicted The person has been convicted of a felony in this state.

SB93-SSA1-SA1,5,19 (b) Convicted The person has been convicted of a crime elsewhere that would be a felony if committed in this state.

SB93-SSA1-SA1,5,22 (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-SSA1-SA1,5,24 (c) Found The person has been found not guilty of a felony in this state by reason of mental disease or defect.

SB93-SSA1-SA1,6,3 (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-SSA1-SA1,6,5 (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) 1., 2007 stats.