Amendment AA2-SSA2-AB843

AB843-SSA2-AA2,24,2 a. Any unlawful or reckless use, display, or brandishing of a firearm by the respondent.

AB843-SSA2-AA2,24,4 b. The respondent's history of use, attempted use, or threatened use of physical force against himself or herself or another person.

AB843-SSA2-AA2,24,5 c. A prior arrest of the respondent for a felony.

AB843-SSA2-AA2,24,6 d. Evidence that the respondent has abused controlled substances or alcohol.

AB843-SSA2-AA2,24,8 e. Evidence that the respondent has recently acquired firearms, ammunition, or other dangerous weapons.

AB843-SSA2-AA2,24,10 (b) The judge may enter an injunction only against the respondent named in the petition.

AB843-SSA2-AA2,24,12 (c) 1. An injunction under this subsection is effective for 180 days unless a judge vacates the injunction under par. (d).

AB843-SSA2-AA2,24,17 2. When an injunction expires, the court shall extend the injunction, upon petition, for 180 days if the judge finds reasonable grounds to believe that the respondent is substantially likely to injure himself or herself or another person if the respondent possesses a firearm. There is no limit to the number of extensions that may be made under this subdivision.

AB843-SSA2-AA2,24,24 (d) A respondent who is subject to an injunction that has been extended under par. (c) may request a judge to vacate the injunction during any injunction period other than the initial injunction period. If a respondent files a request under this paragraph, the petitioner shall be notified of the request before the judge considers the request. The judge shall vacate the injunction if the judge does not find reasonable grounds to believe that the respondent is substantially likely to injure himself or herself or another person if the respondent possesses a firearm.

AB843-SSA2-AA2,25,2 (e) An injunction issued under this subsection shall inform the respondent named in the petition of the requirements and penalties under s. 941.29.

AB843-SSA2-AA2,25,3 (5) Petition. (a) The petition shall allege facts sufficient to show the following:

AB843-SSA2-AA2,25,5 1. The name of the petitioner and, unless the petitioner is a law enforcement officer, his or her relationship to the respondent, as provided under par. (c) 2. to 7.

AB843-SSA2-AA2,25,6 2. The name of the respondent.

AB843-SSA2-AA2,25,8 3. That the respondent is substantially likely to injure himself or herself or another person if the respondent possesses a firearm.

AB843-SSA2-AA2,25,12 4. The name of at least one adult who has personal knowledge of the conduct of the respondent, who is not the petitioner, and who is able to testify that the respondent is substantially likely to injure himself or herself or another person if the respondent possesses a firearm.

AB843-SSA2-AA2,25,14 5. If the petitioner knows, the number, types, and locations of any firearms that the respondent possesses.

AB843-SSA2-AA2,25,16 (b) The clerk of the circuit court shall provide simplified forms to help a person file a petition.

AB843-SSA2-AA2,25,18 (c) Only the following persons may prepare and file a petition under this section:

AB843-SSA2-AA2,25,19 1. A law enforcement officer.

AB843-SSA2-AA2,25,20 2. A spouse, sibling, parent, or child of the respondent.

AB843-SSA2-AA2,25,21 3. A household member, as defined in s. 813.12 (1) (c), of the respondent.

AB843-SSA2-AA2,25,23 4. A person with whom the respondent has or had a dating relationship, as defined in s. 813.12 (1) (ag).

AB843-SSA2-AA2,26,2 5. An adult who is a close friend of the respondent. A court shall determine if an adult is a close friend by considering the length of the relationship, the type of the relationship, and the frequency of the interaction between the adult individuals involved in the relationship.

AB843-SSA2-AA2,26,3 6. A coworker of the respondent.

AB843-SSA2-AA2,26,6 7. A resident assistant employed by a postsecondary institution if the resident assistant would have necessary knowledge of the respondent, as determined by the court.

AB843-SSA2-AA2,26,14 (6) Enforcement assistance. (a) 1. If an injunction is issued, extended, or vacated under sub. (4), the clerk of the circuit court shall notify the department of justice of the action and shall provide the department of justice with information concerning the period during which the injunction is in effect or the date on which the injunction is vacated and with information necessary to identify the respondent for purposes of responding to a request under s. 165.63 or for purposes of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).

AB843-SSA2-AA2,26,18 2. Except as provided in subd. 3., the department of justice may disclose information that it receives under subd. 1. only to respond to a request under s. 165.63 or as part of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).

AB843-SSA2-AA2,26,21 3. The department of justice shall disclose any information that it receives under subd. 1. to a law enforcement agency when the information is needed for law enforcement purposes.

AB843-SSA2-AA2,27,2 (b) Within one business day after an order or injunction is issued, extended, or vacated under this section, the clerk of the circuit court shall send a copy of the order or injunction, or of the order extending or vacating an order or injunction, to the sheriff or to any other local law enforcement agency which is the central repository for orders and injunctions and which has jurisdiction over the petitioner's premises.

AB843-SSA2-AA2,27,11 (c) No later than 24 hours after receiving the information under par. (b), the sheriff or other appropriate local law enforcement agency under par. (b) shall enter the information concerning an order or injunction issued, extended, or vacated under this section into the transaction information for management of enforcement system. The sheriff or other appropriate local law enforcement agency shall also make available to other law enforcement agencies, through a verification system, information on the existence and status of any order or injunction issued under this section. The information need not be maintained after the order or injunction is no longer in effect.

AB843-SSA2-AA2,27,15 (7) Penalty. Whoever files a petition under this section for a temporary restraining order or injunction knowing the information in the petition to be false or with the intent to harass shall be fined not more than $10,000 or imprisoned for not more than 9 months or both.

AB843-SSA2-AA2,27,19 (8) Return of firearms and form. (a) A firearm surrendered under this section may not be returned to the respondent until the respondent completes a petition for the return of firearms under par. (c) and a judge or circuit court commissioner determines all of the following:

AB843-SSA2-AA2,27,21 1. That the temporary restraining order or injunction has been vacated or has expired and not been extended.

AB843-SSA2-AA2,28,2 2. That the person is not prohibited from possessing a firearm under any state or federal law or by the order of any federal court or state court, other than an order from which the judge or circuit court commissioner is competent to grant relief. The court or commissioner shall use the information provided under s. 165.63 to aid in making the determination under this subdivision.

AB843-SSA2-AA2,28,12 (b) If a respondent surrenders under this section a firearm that is owned by a person other than the respondent, the person who owns the firearm may apply for its return to the circuit court for the county in which the person to whom the firearm was surrendered is located. The court shall order such notice as it considers adequate to be given to all persons who have or may have an interest in the firearm and shall hold a hearing to hear all claims to its true ownership. If the 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 the person to whom the firearm is returned of the requirements and penalties under s. 941.29 (4).

AB843-SSA2-AA2,28,14 (c) The director of state courts shall develop a petition for the return of firearms in substantially the following form:

AB843-SSA2-AA2,28,15 STATE OF WISCONSIN

AB843-SSA2-AA2,28,16 IN CIRCUIT COURT FOR .... COUNTY

AB843-SSA2-AA2,28,17 Petition to Return Firearm(s)

AB843-SSA2-AA2,28,19 In re the Return of Firearms to (name of person required to surrender firearms in an action under s. 813.124)

AB843-SSA2-AA2,28,21 Requesting person's information: date of birth, sex, race, height, weight, hair color, eye color, address, and phone number.

AB843-SSA2-AA2,28,22 Under oath I state that:

AB843-SSA2-AA2,28,24 1. The court issued a temporary restraining order or injunction against me on (date of order or injunction).

AB843-SSA2-AA2,29,3 2. The court ordered me to surrender any firearms I had in my possession, and I surrendered the firearms to the sheriff of this county or the sheriff of the county in which I resided, which is (name of county).

AB843-SSA2-AA2,29,5 3. I surrendered the following firearms as provided in item 2 and have attached a receipt from the sheriff.

AB843-SSA2-AA2,29,7 4. The temporary restraining order or injunction has (been vacated) (expired and has not been extended).

AB843-SSA2-AA2,29,9 5. I (have) (have not) been convicted of a misdemeanor crime of domestic violence.

AB843-SSA2-AA2,29,10 6. I (have) (have not) been convicted of a felony.

AB843-SSA2-AA2,29,13 7. I am not prohibited from possessing a firearm under any state or federal law or by the order of any federal court or state court, other than an order from which a judge or court commissioner is competent to grant relief.

AB843-SSA2-AA2,29,16 I request that the court enter an order directing that the sheriff named under item 2 return to me those firearms that were surrendered under the order of the court.

AB843-SSA2-AA2,29,17 Subscribed and sworn to before me on (date)

AB843-SSA2-AA2,29,18 (Signature of person requesting return of firearms)

AB843-SSA2-AA2,29,19 (Signature of notary public, state of Wisconsin)

AB843-SSA2-AA2,29,20 My commission expires on (date)

AB843-SSA2-AA2,29,21 Dated this .... day of ...., .... (year)

AB843-SSA2-AA2,29,22 Distribution:

AB843-SSA2-AA2,29,24 1. Court - original 2. Petitioner in action under s. 813.124 3. Sheriff to whom firearm(s) were surrendered

AB843-SSA2-AA2,49 Section 49. 813.126 (1) of the statutes is amended to read:

AB843-SSA2-AA2,30,11 813.126 (1) Time limits. If a party seeks to have the judge conduct a hearing de novo under s. 757.69 (8) of a determination, order, or ruling entered by a court commissioner in an action under s. 813.12, 813.122, 813.123, 813.124, or 813.125, including a denial of a request for a temporary restraining order, the motion requesting the hearing must be filed with the court within 30 days after the circuit court commissioner issued the determination, order, or ruling. The court shall hold the de novo hearing within 30 days after the motion requesting the hearing is filed with the court unless the court finds good cause for an extension. Any determination, order, or ruling entered by a court commissioner in an action under s. 813.12, 813.122, 813.123, 813.124, or 813.125 remains in effect until the judge in the de novo hearing issues his or her final determination, order, or ruling.

AB843-SSA2-AA2,50 Section 50. 813.127 of the statutes is amended to read:

AB843-SSA2-AA2,30,19 813.127 Combined actions; domestic abuse, child abuse, lethal violence, and harassment. A petitioner may combine in one action 2 or more petitions under one or more of the provisions in ss. 813.12, 813.122 , 813.124, and 813.125 if the respondent is the same person in each petition. In any such action, there is only one fee applicable under s. 814.61 (1) (a). In any such action, the hearings for different types of temporary restraining orders or injunctions may be combined.

AB843-SSA2-AA2,51 Section 51. 813.128 (2g) (b) of the statutes is amended to read:

AB843-SSA2-AA2,30,25 813.128 (2g) (b) A foreign protection order or modification of the foreign protection order that meets the requirements under this section has the same effect as an order issued under s. 813.12, 813.122, 813.123, 813.124, or 813.125, except that the foreign protection order or modification shall be enforced according to its own terms.

AB843-SSA2-AA2,52 Section 52. 938.208 (1) (b) of the statutes is amended to read:

AB843-SSA2-AA2,31,6 938.208 (1) (b) Probable cause exists to believe that the juvenile possessed, used or threatened to use a handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d), short-barreled rifle, as defined in s. 941.28 (1) (b), or short-barreled shotgun, as defined in s. 941.28 (1) (c), while committing a delinquent act that would be a felony under ch. 940 if committed by an adult.

AB843-SSA2-AA2,53 Section 53. 938.34 (4m) (b) 2. of the statutes is amended to read:

AB843-SSA2-AA2,31,12 938.34 (4m) (b) 2. The juvenile has possessed, used or threatened to use a handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d), short-barreled rifle, as defined in s. 941.28 (1) (b), or short-barreled shotgun, as defined in s. 941.28 (1) (c), while committing a delinquent act that would be a felony under ch. 940 if committed by an adult.

AB843-SSA2-AA2,54 Section 54. 938.341 of the statutes is amended to read:

AB843-SSA2-AA2,31,17 938.341 Delinquency adjudication; restriction on firearm possession. Whenever a court adjudicates a juvenile delinquent for an act that if committed by an adult in this state would be a felony or for a violation under s. 175.33 (3), the court shall inform the juvenile of the requirements and penalties under s. 941.29.

AB843-SSA2-AA2,55 Section 55. 941.237 (1) (d) of the statutes is amended to read:

AB843-SSA2-AA2,31,22 941.237 (1) (d) “Handgun" has the meaning given in s. 175.35 (1) (b) means any weapon designed or redesigned, or made or remade, and intended to be fired while held in one hand and to use the energy of an explosive to expel a projectile through a smooth or rifled bore.

AB843-SSA2-AA2,56 Section 56. 941.285 of the statutes is created to read:

AB843-SSA2-AA2,32,3 941.285 Possession of firearm accessories that accelerate the rate of fire. (1) No person may import, sell or offer to sell, purchase, manufacture, transfer, use, or possess a trigger crank, a bump-fire device, or any part, combination of parts, component, device, attachment, or accessory that is added after manufacture that is designed or functions to accelerate the rate of fire of a semiautomatic firearm.

AB843-SSA2-AA2,32,4 (2) Any person violating sub. (1) is guilty of a Class G felony.

AB843-SSA2-AA2,32,7 (3) Subsection (1) does not apply to the importation, sale, purchase, manufacture, transfer, use, or possession by or under the authority of the federal government or a state or local government.

AB843-SSA2-AA2,57 Section 57. 941.29 (1g) (a) of the statutes is amended to read:

AB843-SSA2-AA2,32,16 941.29 (1g) (a) “Violent felony" means any felony under s. 943.23 (1m), 1999 stats., or s. 943.23 (1r), 1999 stats., this section, or s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19, 940.195, 940.20, 940.201, 940.203, 940.21, 940.225, 940.23, 940.235, 940.285 (2), 940.29, 940.295 (3), 940.30, 940.302, 940.305, 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20, 941.26, 941.28, 941.285, 941.292, 941.30, 941.327 (2) (b) 3. or 4., 943.02, 943.04, 943.06, 943.10 (2), 943.23 (1g), 943.32, 943.87, 946.43, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.051, 948.06, 948.07, 948.08, 948.085, or 948.30.

AB843-SSA2-AA2,58 Section 58. 941.29 (1m) (dm), (dn) and (do) of the statutes are created to read:

AB843-SSA2-AA2,32,19 941.29 (1m) (dm) The person has been convicted of a misdemeanor under s. 175.33 (3), unless at least 2 years have passed since the conviction.

AB843-SSA2-AA2,32,21 (dn) The person has been adjudicated delinquent for a violation under s. 175.33 (3), unless at least 2 years have passed since the adjudication.

AB843-SSA2-AA2,32,24 (do) The person has been found not guilty of a misdemeanor under s. 175.33 (3) by reason of mental disease or defect, unless at least 2 years have passed since the finding.

AB843-SSA2-AA2,59 Section 59. 941.29 (1m) (g) of the statutes is amended to read:

AB843-SSA2-AA2,33,2 941.29 (1m) (g) The person is subject to an order not to possess a firearm under s. 813.123 (5m), 813.124 (3) or (4), or 813.125 (4m).

AB843-SSA2-AA2,60 Section 60. 941.291 (1) (b) of the statutes is amended to read:

AB843-SSA2-AA2,33,14 941.291 (1) (b) “Violent felony" means any felony, or the solicitation, conspiracy, or attempt to commit any felony, under s. 943.23 (1m) or (1r), 1999 stats., or s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19, 940.195, 940.20, 940.201, 940.203, 940.21, 940.225, 940.23, 940.285 (2), 940.29, 940.295 (3), 940.30, 940.305, 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20, 941.26, 941.28, 941.285, 941.29, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.04, 943.06, 943.10 (2), 943.23 (1g), 943.32, 943.81, 943.82, 943.83, 943.85, 943.86, 943.87, 943.88, 943.89, 943.90, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07, 948.08, 948.085, or 948.30; or, if the victim is a financial institution, as defined in s. 943.80 (2), a felony, or the solicitation, conspiracy, or attempt to commit a felony under s. 943.84 (1) or (2).

AB843-SSA2-AA2,61 Section 61. 941.296 (1) (b) of the statutes is amended to read:

AB843-SSA2-AA2,33,17 941.296 (1) (b) “Handgun" has the meaning given in s. 175.35 (1) (b) 941.237 (1) (d).

AB843-SSA2-AA2,62 Section 62. 968.20 (3) (b) of the statutes is amended to read:

AB843-SSA2-AA2,34,17 968.20 (3) (b) Except as provided in par. (a) or sub. (1m) or (4), a city, village, town or county or other custodian of a seized dangerous weapon or ammunition, if the dangerous weapon or ammunition is not required for evidence or use in further investigation and has not been disposed of pursuant to a court order at the completion of a criminal action or proceeding, shall make reasonable efforts to notify all persons who have or may have an authorized rightful interest in the dangerous weapon or ammunition of the application requirements under sub. (1). If, within 30 days after the notice, an application under sub. (1) is not made and the seized dangerous weapon or ammunition is not returned by the officer under sub. (2), the city, village, town or county or other custodian may retain the dangerous weapon or ammunition and authorize its use by a law enforcement agency, except that a dangerous weapon used in the commission of a homicide or a handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d), may not be retained. If a dangerous weapon other than a firearm is not so retained, the city, village, town or county or other custodian shall safely dispose of the dangerous weapon or, if the dangerous weapon is a motor vehicle, as defined in s. 340.01 (35), sell the motor vehicle following the procedure under s. 973.075 (4). If a firearm or ammunition is not so retained, the city, village, town or county or other custodian shall ship it to the state crime laboratories and it is then the property of the laboratories. A person designated by the department of justice may destroy any material for which the laboratories have no use or arrange for the exchange of material with other public agencies. In lieu of destruction, shoulder weapons for which the laboratory has no use shall be turned over to the department of natural resources for sale and distribution of proceeds under s. 29.934 or for use under s. 29.938.