2017 - 2018 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO ASSEMBLY AMENDMENT 1,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 65
February 20, 2018 - Offered by Representative Sanfelippo.
(g) 2. The person has had imposed on him or her a penalty specified 6
in s. 939.64, 1999 stats., or s. 939.641, 1999 stats., or s. 939.6195,
939.62, 939.621, 7
939.63 or 939.645 or has been convicted of a violation of the law of any other state 8
or federal law under circumstances under which the person would be subject to a 9
penalty specified in any of those sections if convicted in this state.
(a) Enforce or investigate a violation of s. 941.29 or 941.2905
2165.988 Grants for armed school safety officers. (1)
In this section:
(a) “Former officer” means a person who was formerly employed as a law 4
enforcement officer to whom s. 941.23 (2) (c) 1. to 7. applies.
(b) “Law enforcement officer” means a person who is employed in this state by 6
a public agency as a law enforcement officer and to whom s. 941.23 (1) (g) 2. to 5. and 7
(2) (b) 1. to 3. applies.
The department of justice may provide grants from the appropriation under 9
s. 20.455 (3) (g) to school districts to employ law enforcement officers or former law 10
enforcement officers as armed school safety officers.
A school district applying to the department of justice for a grant under sub. 12
(2) shall include a proposed plan of expenditure of the grant moneys. The plan shall 13
also include that any armed school safety officer shall report to the principal of the 14
school at which he or she is assigned.
A school district that receives grant moneys under sub. (2) may expend the 16
moneys only on costs associated with employing armed school safety officers and only 17
in schools that have students in grades 5 to 12.
A school district may receive a grant under sub. (2) for 3 consecutive years 19
without submitting a new application each year. In the first year, the grant shall 20
cover 75 percent of the costs associated with employing armed school safety officers; 21
in the 2nd year, the grant shall cover 50 percent of the costs associated with 22
employing armed school safety officers; and in the 3rd year, the grant shall cover 25 23
percent of the costs associated with employing armed school safety officers.
The department of justice shall indemnify a school district receiving grant 2
moneys and an armed school safety officer employed using the grant moneys for any 3
actions taken in good faith.
175.35 (2g) (b) of the statutes is renumbered 175.35 (2g) (b) 1.
(b) 2. The department of justice shall ensure that each notification 7
form under subd. 1. requires the transferee to indicate that he or she is not 8
purchasing the firearm with the purpose or intent to transfer the firearm to a person 9
who is prohibited from possessing a firearm under state or federal law and that each 10
notification form informs the transferee that making a false statement with regard 11
to this purpose or intent is a Class H felony.
175.35 (3) of the statutes is renumbered 175.35 (3) (a) and amended 13
(a) Any person who intentionally violates sub. (2), (2e),
or (2j) 15
shall be fined not less than $500 nor more than $10,000 and may be imprisoned for 16
not more than 9 months.
(b) 1. Except as provided in subd. 2., a person who intentionally 19
violates sub. (2e) shall be fined not less than $500 nor more than $10,000 and may 20
be imprisoned for not more than 9 months.
2. A person who violates sub. (2e) by intentionally providing false information 22
regarding whether he or she is purchasing the firearm with the purpose or intent to 23
transfer the firearm to another who the person knows or reasonably should know is 24
prohibited from possessing a firearm under state or federal law is guilty of a Class 25
H felony. The penalty shall include a fine that is not less than $500.
The department of justice or the district attorney may institute, 3
manage, control, and direct, in the proper county, a prosecution for a violation of sub. 4
(2e) that is punishable under sub. (3) (b) 2. When prosecuting such a violation, the 5
department of justice shall have and exercise all powers conferred upon district 6
(a) 1. d. The court informs the person to whom the firearm is 9
surrendered of the requirements and penalties under s. 941.29 (4) 941.2905
(b) 1. (intro.) If the respondent wants to surrender his or her 12
firearms to a person who is not the sheriff and who appears at the hearing to 13
surrender firearms, and if the court, after considering all relevant factors and input 14
from the petitioner, approves the surrender and informs the person to whom the 15
firearms are surrendered of the requirements and penalties under s.
941.29 (4) 16941.2905
, order the respondent to surrender his or her firearms in one of the 17
(b) If a respondent surrenders a firearm under this section that 20
is owned by a person other than the respondent, the person who owns the firearm 21
may apply for its return to the circuit court for the county in which the person to 22
whom the firearm was surrendered is located. The court shall order such notice as 23
it considers adequate to be given to all persons who have or may have an interest in 24
the firearm and shall hold a hearing to hear all claims to its true ownership. If the 25
right to possession is proved to the court's satisfaction, it shall order the firearm
returned. If the court returns a firearm under this paragraph, the court shall inform 2
the person to whom the firearm is returned of the requirements and penalties under 3
s. 941.29 (4) 941.2905
A petitioner under s. 813.12 or 813.122, or an individual whose 6
parent, stepparent, or legal guardian filed a petition under s. 813.122 on behalf of the 7
individual as a child victim, as defined in s. 813.122 (1) (c), has an affirmative defense 8
for an offense under s. 175.35 (2e) that is punishable under s. 175.35 (3) (b) 2., or for 9
an offense under s. 941.2905, if the person prohibited from possessing a firearm was 10
the respondent in the action under s. 813.12 or 813.122.
12939.6195 Mandatory minimum sentence for repeat firearm crimes. (1) 13
In this section:
(a) “Firearm violation" means any of the following:
1. A violation of s. 941.29 or 941.2905.
2. A commission of any crime specified under chs. 939 to 951 and 961 if the 17
person uses a firearm in the commission of the crime.
(b) “Repeater" has the meaning given in s. 939.62 (2).
If a person who is a repeater is convicted of a firearm violation, the court 20
shall impose a bifurcated sentence under s. 973.01. Notwithstanding s. 973.01 (2) 21
(b), the term of confinement in prison portion of the bifurcated sentence shall be at 22
least 4 years, but otherwise the penalties for the crime apply, subject to any 23
applicable penalty enhancement. The court may not place the person on probation.
This section does not apply to sentences imposed after July 1, 2022.
The department of justice shall, after consulting with persons the 2
department determines to be appropriate, including the city of Milwaukee and the 3
Milwaukee police department, prepare a report on the efficacy of the mandatory 4
minimum sentence under this section. No later than August 1, 2022, the department 5
of justice shall submit the report to the chief clerk of each house of the legislature, 6
for distribution to the legislature under s. 13.172 (2).
(a) “Violent felony" means any felony under s. 943.23 (1m), 1999 9
stats., or s. 943.23 (1r), 1999 stats., this section, or s. 940.01, 940.02, 940.03, 940.05, 10
940.06, 940.08, 940.09, 940.10, 940.19, 940.195, 940.20, 940.201, 940.203, 940.21, 11
940.225, 940.23, 940.235, 940.285 (2), 940.29, 940.295 (3), 940.30, 940.302, 940.305, 12
940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20, 941.26, 941.28,
941.30, 941.327 (2) (b) 3. or 4., 943.02, 943.04, 943.06, 943.10 (2), 943.23 (1g), 943.32, 14
943.87, 946.43, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.051, 948.06, 15
948.07, 948.08, 948.085, or 948.30.