Amendment AA2-SSA2-AB843

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.

AB843-SSA2-AA2,63 Section 63. 971.17 (1g) of the statutes is amended to read:

AB843-SSA2-AA2,34,22 971.17 (1g) Notice of restriction on firearm possession. If the defendant under sub. (1) is found not guilty of a felony, or of a violation under s. 175.33 (3), by reason of mental disease or defect, the court shall inform the defendant of the requirements and penalties under s. 941.29.

AB843-SSA2-AA2,64 Section 64. 973.123 (1) of the statutes is amended to read:

AB843-SSA2-AA2,35,6 973.123 (1) In this section, “violent felony" means any felony under s. 943.23 (1m), 1999 stats., or s. 943.23 (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, 940.235, 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, 941.29, 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-AA2,65 Section 65. 973.176 (1) of the statutes is amended to read:

AB843-SSA2-AA2,35,12 973.176 (1) Firearm possession. Whenever a court imposes a sentence or places a defendant on probation regarding a felony conviction or regarding a conviction for a misdemeanor under s. 175.33 (3), the court shall inform the defendant of the requirements and penalties applicable to him or her under s. 941.29 (1m) or (4m).

AB843-SSA2-AA2,66 Section 66. Nonstatutory provisions.

AB843-SSA2-AA2,35,17 (1) Notwithstanding section 941.285 of the statutes, no person may be subject to a penalty for violating section 941.285 (1) of the statutes with regard to the possession of any device prohibited under that section for the first 180 days after the effective date of this subsection.

AB843-SSA2-AA2,36,5 (2) The department of public instruction may promulgate emergency rules under section 227.24 of the statutes to implement section 115.369 of the statutes. Notwithstanding section 227.24 (1) (e) 1d. of the statutes, the department of public instruction is not required to prepare a statement of the scope of the rules required under section 115.369 of the statutes if emergency rules are promulgated under this subsection. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subsection remain in effect until July 1, 2019, or the date on which permanent rules take effect, whichever is sooner. Notwithstanding section 227.24 (1) (a) and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB843-SSA2-AA2,67 Section 67 . Fiscal changes.

AB843-SSA2-AA2,36,10 (1) Mental health training program. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of public instruction under section 20.255 (1) (ep) of the statutes, the dollar amount for fiscal year 2018-19 is increased by $1,000,000 for the purposes for which the appropriation is made.

AB843-SSA2-AA2,36,15 (1m) Medicaid expansion. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health services under section 20.435 (4) (b) of the statutes, the dollar amount for fiscal year 2018-19 is decreased by $203,000,000 to provide Medical Assistance to certain adults with family incomes up to 133 percent of the federal poverty line.

AB843-SSA2-AA2,36,20 (2) School-based mental health services grants. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of public instruction under section 20.255 (2) (dt) of the statutes, the dollar amount for fiscal year 2018-19 is increased by $7,000,000 for the purpose for which the appropriation is made.

AB843-SSA2-AA2,36,24 (3) School safety. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of public instruction under section 20.255 (2) (da) of the statutes, the dollar amount for fiscal year 2018-19 is increased by $17,000,000 for the purpose for which the appropriation is made.

AB843-SSA2-AA2,68 Section 68. Effective dates. This act takes effect on the day after publication, except as follows:

AB843-SSA2-AA2,37,5 (1m) Medicaid expansion. The treatment of sections 49.45 (23) (a) and 49.471 (1) (cr), (4) (a) 4. b., and (4g) of the statutes and Section 67 (1) of this act take effect on July 1, 2018, or on the day after publication, whichever is later.”.

AB843-SSA2-AA2,37,6 (End)