2017 - 2018 LEGISLATURE
February 20, 2018 - Printed by direction of Senate Chief Clerk.
1An Act to repeal
941.29 (4); to renumber
175.35 (2g) (b); to renumber and
175.35 (3); to amend
48.57 (3p) (g) 2., 165.63 (4) (a), 813.1285 (3) (a) 3
1. d., 813.1285 (4) (b) 1. (intro.), 813.1285 (7) (b), 941.29 (1g) (a), 973.12 and 4
976.05 (12); and to create
165.988, 175.35 (2g) (b) 2., 175.35 (3) (b), 175.35 (4), 5
939.46 (3), 939.6195 and 941.2905 of the statutes; relating to: grants to school
6districts that employ an armed school safety officer; furnishing, purchasing, or
7possessing a firearm for a person who is prohibited from possessing a firearm;
8mandatory minimum sentences for individuals who commit certain firearm
9violations; and providing criminal penalties.
Analysis by the Legislative Reference Bureau
The text of Engrossed 2017 Assembly Bill 65 consists of the following
documents adopted in the assembly on February 20, 2018: Assembly Substitute
Amendment 1 as affected by Assembly Amendment 1, as affected by Assembly
Amendment 1, and Assembly Amendment 2. The text also includes the February 20,
2018, chief clerk's correction to Assembly Amendment 1 to Assembly Amendment 1
to Assembly Substitute Amendment 1 to Assembly Bill 65.
Content of Engrossed 2017 Assembly Bill 65:
This bill creates a crime for purchasing a firearm with the intent to transfer it
to a person who is prohibited from possessing a firearm, which is also known as
“straw purchasing.” The crime under the bill includes furnishing or possessing a
firearm for a prohibited person.
Under current law, a person who knowingly furnishes with a firearm a person
who is prohibited from possessing a firearm may be convicted of illegal possession
of a firearm. Under current law, a federally licensed firearm dealer may not transfer
a handgun to a person until the person has completed a form that the dealer must
use to conduct a background check on the person. If a person provides false
information on the form, the person must be fined not less than $500 nor more than
$10,000 and may be imprisoned for not more than nine months. This bill increases
the penalty to a Class H felony if the false information regards whether the person
is purchasing the firearm with the purpose or intent of transferring the firearm to
a person who is prohibited from possessing a firearm. This bill authorizes the
Department of Justice to prosecute the violation.
This bill also creates an affirmative defense to straw purchasing crimes if the
defendant has ever filed a petition for a domestic abuse injunction or a child abuse
injunction against the person for whom the defendant was furnishing, purchasing,
or possessing the firearm or for whom the defendant provided false information on
a firearm form.
Under this bill, a person is subject to a mandatory minimum period of
confinement in prison of four years if the person is convicted of illegally possessing
a firearm or convicted of another crime involving a firearm and, within five years
prior to that conviction, he or she had been convicted of committing either three
misdemeanors or one felony. This mandatory minimum sentence requirement
expires on July 1, 2022.
This bill allows DOJ to provide grants to school districts to employ law
enforcement officers or former law enforcement officers as armed school safety
officers. A school district may spend the grant moneys only on costs associated with
employing the armed school safety officer. This bill provides that a school district
may receive a grant for three consecutive years and the grant will cover 75 percent
of the costs in the first year, 50 percent in the second year, and 25 percent in the third
year. Under this bill, DOJ indemnifies the school district and the armed school safety
officer for any actions taken in good faith.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
48.57 (3p) (g) 2. of the statutes is amended to read:
(g) 2. The person has had imposed on him or her a penalty specified 3
in s. 939.64, 1999 stats., or s. 939.641, 1999 stats., or s. 939.6195,
939.63 or 939.645 or has been convicted of a violation of the law of any other state 2
or federal law under circumstances under which the person would be subject to a 3
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
7165.988 Grants for armed school safety officers. (1)
In this section:
(a) “Former officer” means a person who was formerly employed as a law 9
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 11
a public agency as a law enforcement officer and to whom s. 941.23 (1) (g) 2. to 5. and 12
(2) (b) 1. to 3. applies.
The department of justice may provide grants from the appropriation under 14
s. 20.455 (3) (g) to school districts to employ law enforcement officers or former law 15
enforcement officers as armed school safety officers.
A school district applying to the department of justice for a grant under sub. 17
(2) shall include a proposed plan of expenditure of the grant moneys. The plan shall 18
also include that any armed school safety officer shall report to the principal of the 19
school at which he or she is assigned.
A school district that receives grant moneys under sub. (2) may expend the 21
moneys only on costs associated with employing armed school safety officer.
A school district may receive a grant under sub. (2) for 3 consecutive years 23
without submitting a new application each year. In the first year, the grant shall 24
cover 75 percent of the costs associated with employing armed school safety officers; 25
in the 2nd year, the grant shall cover 50 percent of the costs associated with
employing armed school safety officers; and in the 3rd year, the grant shall cover 25 2
percent of the costs associated with employing armed school safety officers.
The department of justice shall indemnify a school district receiving grant 4
moneys and an armed school safety officer employed using the grant moneys for any 5
actions taken in good faith.
175.35 (2g) (b) of the statutes is renumbered 175.35 (2g) (b) 1.
175.35 (2g) (b) 2. of the statutes is created to read:
(b) 2. The department of justice shall ensure that each notification 9
form under subd. 1. requires the transferee to indicate that he or she is not 10
purchasing the firearm with the purpose or intent to transfer the firearm to a person 11
who is prohibited from possessing a firearm under state or federal law and that each 12
notification form informs the transferee that making a false statement with regard 13
to this purpose or intent is a Class H felony.
175.35 (3) of the statutes is renumbered 175.35 (3) (a) and amended 15
(a) Any person who intentionally violates sub. (2), (2e),
or (2j) 17
shall be fined not less than $500 nor more than $10,000 and may be imprisoned for 18
not more than 9 months.
175.35 (3) (b) of the statutes is created to read:
(b) 1. Except as provided in subd. 2., a person who intentionally 21
violates sub. (2e) shall be fined not less than $500 nor more than $10,000 and may 22
be imprisoned for not more than 9 months.
2. A person who violates sub. (2e) by intentionally providing false information 24
regarding whether he or she is purchasing the firearm with the purpose or intent to 25
transfer the firearm to another who the person knows or reasonably should know is
prohibited from possessing a firearm under state or federal law is guilty of a Class 2
H felony. The penalty shall include a fine that is not less than $500.
The department of justice or the district attorney may institute, 5
manage, control, and direct, in the proper county, a prosecution for a violation of sub. 6
(2e) that is punishable under sub. (3) (b) 2. When prosecuting such a violation, the 7
department of justice shall have and exercise all powers conferred upon district 8
813.1285 (3) (a) 1. d. of the statutes is amended to read:
(a) 1. d. The court informs the person to whom the firearm is 11
surrendered of the requirements and penalties under s. 941.29 (4) 941.2905
813.1285 (4) (b) 1. (intro.) of the statutes is amended to read:
(b) 1. (intro.) If the respondent wants to surrender his or her 14
firearms to a person who is not the sheriff and who appears at the hearing to 15
surrender firearms, and if the court, after considering all relevant factors and input 16
from the petitioner, approves the surrender and informs the person to whom the 17
firearms are surrendered of the requirements and penalties under s.
941.29 (4) 18941.2905
, order the respondent to surrender his or her firearms in one of the 19
(b) If a respondent surrenders a firearm under this section that 22
is owned by a person other than the respondent, the person who owns the firearm 23
may apply for its return to the circuit court for the county in which the person to 24
whom the firearm was surrendered is located. The court shall order such notice as 25
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 2
right to possession is proved to the court's satisfaction, it shall order the firearm 3
returned. If the court returns a firearm under this paragraph, the court shall inform 4
the person to whom the firearm is returned of the requirements and penalties under 5
s. 941.29 (4) 941.2905
A petitioner under s. 813.12 or 813.122, or an individual whose 8
parent, stepparent, or legal guardian filed a petition under s. 813.122 on behalf of the 9
individual as a child victim, as defined in s. 813.122 (1) (c), has an affirmative defense 10
for an offense under s. 175.35 (2e) that is punishable under s. 175.35 (3) (b) 2., or for 11
an offense under s. 941.2905, if the person prohibited from possessing a firearm was 12
the respondent in the action under s. 813.12 or 813.122.
14939.6195 Mandatory minimum sentence for repeat firearm crimes. (1) 15
In this section: