AB43,2351
15Section 2351
. 165.95 (3) (b) of the statutes is amended to read:
AB43,1305,2116
165.95
(3) (b) The program
employs evidence-based practices and is designed
17to promote
and facilitate the implementation of effective criminal justice policies and
18practices that maximize justice and public
and victim safety, reduce prison and jail
19populations, reduce prosecution and incarceration costs,
and reduce recidivism
, and
20improve the welfare of participants' families by meeting the comprehensive needs of
21participants.
AB43,2352
22Section 2352
. 165.95 (3) (bd) of the statutes is created to read:
AB43,1305,2523
165.95
(3) (bd) The program identifies each target population served by the
24program and identifies the evidence-based practices the program employs for each
25target population it serves.
AB43,2353
1Section
2353
. 165.95 (3) (cm) 2. of the statutes is created to read:
AB43,1306,72
165.95
(3) (cm) 2. If the program is administered by a tribe, the criminal justice
3oversight committee shall consist of a representative of the judiciary, a
4representative of criminal prosecution and criminal defense, a social services
5provider, a behavioral health treatment provider, a law enforcement officer, a
6representative of corrections, and other members that the oversight committee
7determines are appropriate to the program.
AB43,2354
8Section
2354. 165.95 (3) (d) of the statutes is amended to read:
AB43,1306,129
165.95
(3) (d) Services provided under the program are consistent with
10evidence-based practices
in substance abuse and mental health treatment, as
11determined by the department of health services, and the program provides
12intensive case management.
AB43,2355
13Section
2355. 165.95 (3) (e) of the statutes is amended to read:
AB43,1306,1514
165.95
(3) (e) The program uses graduated sanctions and incentives to promote
15successful substance abuse treatment success.
AB43,2356
16Section 2356
. 165.95 (3) (g) of the statutes is amended to read:
AB43,1306,2417
165.95
(3) (g) The program is designed to integrate all
mental health services
18provided to program participants by state and local government agencies
, tribes, and
19other organizations. The program shall require regular communication
and
20coordination among a participant's
substance abuse treatment providers, other 21service providers, the case manager, and any person designated under the program
22to monitor the person's compliance with his or her obligations under the program
, 23and any probation, extended supervision, and parole agent assigned to the
24participant.
AB43,2357
25Section 2357
. 165.95 (3) (h) of the statutes is amended to read:
AB43,1307,4
1165.95
(3) (h) The program provides
substance abuse and mental health
2treatment services through providers
that
who use evidence-based practices in the
3delivery of services and, where applicable, who are certified
by the department of
4health services or licensed to provide the services approved under the program.
AB43,2358
5Section 2358
. 165.95 (3) (i) of the statutes is renumbered 165.95 (3d) and
6amended to read:
AB43,1307,117
165.95
(3d) The A program
requires that receives a grant under this section
8may require participants to pay a reasonable amount for their treatment, based on
9their income and available assets, and
pursues
to pursue and
uses use all possible
10resources available through insurance and federal, state, and local aid programs,
11including cash, vouchers, and direct services.
AB43,2359
12Section
2359. 165.95 (3) (j) of the statutes is amended to read:
AB43,1307,2013
165.95
(3) (j) The program is developed with input from, and implemented in
14collaboration with, one or more circuit court judges, the district attorney, the state
15public defender, local and, if applicable, tribal law enforcement officials, county
16agencies and, if applicable, tribal agencies responsible for providing social services,
17including services relating to
alcohol and other drug addiction substance use
18disorder, child welfare, mental health, and the Wisconsin Works program, the
19departments of corrections, children and families, and health services, private social
20services agencies, and substance
abuse use disorder treatment providers.
AB43,2360
21Section 2360
. 165.95 (3) (k) of the statutes is amended to read:
AB43,1307,2422
165.95
(3) (k) The county or tribe complies with other eligibility requirements
23established by the department of justice to promote the objectives listed in
pars. (a)
24and (b) this subsection.
AB43,2361
1Section
2361
. 165.95 (5) (a) of the statutes is renumbered 165.95 (3) (cm)
2(intro.) and amended to read:
AB43,1308,73
165.95
(3) (cm) (intro.)
A county or tribe that receives a grant under this section
4shall create an The program identifies a criminal justice oversight committee to
5develop and implement the program design and advise the county or tribe in
6administering and evaluating its program.
Each
The membership of each criminal
7justice oversight committee shall be as follows:
AB43,1308,19
81. If the program is administered by a county, or by a county and a tribe
9pursuant to sub. (6), the criminal justice oversight committee shall consist of a circuit
10court judge, the district attorney or his or her designee, the state public defender or
11his or her designee, a local law enforcement official, a representative of the county,
12a representative of the tribe, if applicable, a representative of each other county
13agency and, if applicable, tribal agency responsible for providing social services,
14including services relating to child welfare,
mental health, and the Wisconsin Works
15program, representatives of the department of corrections and department of health
16services, a representative from private social services agencies, a representative of
17substance abuse behavioral health treatment providers, and other members
to be
18determined by the county or tribe the oversight committee determines are
19appropriate for the program.
AB43,2362
20Section 2362
. 165.95 (5) (b) of the statutes is renumbered 165.95 (5) (ag) and
21amended to read:
AB43,1309,222
165.95
(5) (ag) A county or tribe that receives a grant under this section shall
23comply with state audits and shall submit an annual report to the department of
24justice and to the
criminal justice oversight committee
created under par. (a)
1identified in sub. (3) (cm) regarding
the impact of the program on jail and prison
2populations and its progress in attaining the goals specified in sub. (3)
(b) and (f).
AB43,2363
3Section 2363
. 165.95 (5m) of the statutes is repealed.
AB43,2364
4Section 2364
. 165.95 (6) of the statutes is amended to read:
AB43,1309,115
165.95
(6) A county or tribe may, with one or more other counties or tribes,
6jointly apply for and receive a grant under this section. Upon submitting a joint
7application, each county or tribe shall include with the application a written
8agreement specifying each tribe's and each county department's role in developing,
9administering, and evaluating the program. The
criminal justice oversight
10committee
established under sub. (5) (a) identified in sub. (3) (cm) shall consist of
11representatives from each county or tribe
that participates in the program.
AB43,2365
12Section
2365. 165.95 (7) of the statutes is amended to read:
AB43,1309,1713
165.95
(7) Grants provided under this section shall be provided on a calendar
14year basis
beginning on January 1, 2007. If the department of justice decides to make
15a grant to a county or tribe under this section, the department of justice shall notify
16the county or tribe of its decision and the amount of the grant no later than
17September 1 of the year preceding the year for which the grant will be made.
AB43,2366
18Section
2366. 165.95 (7m) of the statutes is amended to read:
AB43,1309,2319
165.95
(7m) Beginning in fiscal year
2012-13 2023-24, the department of
20justice shall, every
5 4 years, make grants under this section available to any county
21or tribe on a competitive basis. A county or tribe may apply for a grant under this
22subsection regardless of whether the county or tribe has received a grant previously
23under this section.
AB43,2367
24Section
2367. 165.97 of the statutes is created to read:
AB43,1310,2
1165.97 Office of missing and murdered indigenous women. (1) 2Definitions. In this section:
AB43,1310,33
(d) “Office” means the office of missing and murdered indigenous women.
AB43,1310,54
(m) “Tribe” means a federally recognized American Indian tribe or band in this
5state.
AB43,1310,6
6(2) Duties. The office shall do all of the following:
AB43,1310,77
(a) Provide services to crime victims and witnesses who are members of a tribe.
AB43,1310,98
(b) Provide trauma-informed health and wellness support for crime victims,
9their families, and other persons who are members of a tribe.
AB43,1310,1410
(c) Offer or contract with another entity to offer training relating to missing and
11murdered indigenous women. Training under this paragraph may include training
12topics such as search and rescue tactics, enhanced response and coordination tactics
13across federal, state, and tribal jurisdictions, and other topics relating to missing and
14murdered indigenous women.
AB43,1310,17
15(3) Grant program. The office shall establish a program to provide grants from
16the appropriation under s. 20.455 (5) (c) to tribes and organizations affiliated with
17tribes relating to missing and murdered indigenous women.
AB43,2368
18Section
2368. 165.990 of the statutes is created to read:
AB43,1310,23
19165.990 Grants for community policing and community prosecution
20programs. The department of justice shall award grants from the appropriation
21under s. 20.455 (2) (bc) to cities, villages, and towns; counties, including district
22attorney offices; and federally recognized American Indian tribes or bands in this
23state to fund community policing and community prosecution programs.
AB43,2369
24Section
2369. 165.991 of the statutes is created to read:
AB43,1311,5
1165.991 Grants for law enforcement recruitment, retention, and
2wellness programs. The department of justice shall award grants from the
3appropriation under s. 20.455 (2) (be) to law enforcement agencies and tribal law
4enforcement agencies in this state to fund programs that recruit and retain law
5enforcement officers and that promote officer wellness.
AB43,2370
6Section
2370. 174.065 (3) of the statutes is amended to read:
AB43,1311,117
174.065
(3) Collection of delinquent dog license taxes. Delinquent dog
8license taxes may be collected in
the same manner as in s. 74.55 and in a civil action
9under ch. 799
for the collecting of personal property taxes, if the action is brought
10within 6 years after the January 1 of the year in which the taxes are required to be
11paid.
AB43,2371
12Section 2371
. 175.33 of the statutes is created to read:
AB43,1311,13
13175.33 Transfer of firearms. (1) In this section:
AB43,1311,1514
(a) “Family member" means a spouse, parent, grandparent, sibling, child, or
15grandchild. The relationship may be by blood, marriage, or adoption.
AB43,1311,1616
(b) “Firearm” includes the frame or receiver of a firearm.
AB43,1311,1717
(c) “Firearms dealer" has the meaning given in s. 175.35 (1) (ar).
AB43,1311,1818
(d) “Transfer” has the meaning given in s. 175.35 (1) (br).
AB43,1311,20
19(2) No person may transfer ownership of a firearm, or be transferred ownership
20of a firearm, unless one of the following applies:
AB43,1311,2121
(a) The transferor is a firearms dealer.
AB43,1311,2322
(b) The transferor makes the transfer to or through a firearms dealer and
23obtains a receipt under s. 175.35 (2j) (b).
AB43,1311,2524
(c) The transfer of ownership of the firearm is one of the transfers listed under
25s. 175.35 (2t).
AB43,1312,3
1(d) The transferor is transferring ownership of the firearm to a family member
2by gift, bequest, or inheritance, the transferee is not prohibited from possessing a
3firearm under state or federal law, and the transferee is at least 18 years of age.
AB43,1312,84
(e) The transferor is transferring the firearm with the intent that the transfer
5is for the purpose of hunting or target shooting if the transfer is for no longer than
614 days, the transferor did not receive in exchange for the transfer more than
7nominal consideration, the transferee is not prohibited from possessing a firearm
8under state or federal law, and the transfer is not otherwise prohibited by law.
AB43,1312,12
9(3) Any person who intentionally violates sub. (2) is guilty of a misdemeanor
10and shall be fined not less than $500 nor more than $10,000 and may be imprisoned
11for not more than 9 months. The person is also prohibited under s. 941.29 from
12possessing a firearm for a period of 2 years.
AB43,2372
13Section
2372. 175.35 (title) of the statutes is amended to read:
AB43,1312,14
14175.35 (title)
Purchase
Transfer of handguns firearms.
AB43,2373
15Section 2373
. 175.35 (1) (at) of the statutes is amended to read:
AB43,1313,716
175.35
(1) (at) “Firearms restrictions record search" means a search of
17department of justice records to determine whether a person seeking to purchase a
18handgun is prohibited from possessing a firearm under s. 941.29. “Firearms
19restrictions record search" includes a criminal history record search, a search to
20determine whether a person is prohibited from possessing a firearm under s. 51.20
21(13) (cv) 1., 2007 stats., a search in the national instant criminal background check
22system to determine whether a person has been ordered not to possess a firearm
23under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a), a search
24to determine whether the person is subject to an injunction under s. 813.12 or
25813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court
1established by any federally recognized Wisconsin Indian tribe or band, except the
2Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he
3or she is subject to the requirements and penalties under s. 941.29 and that has been
4filed with the circuit court under s. 813.128 (3g),
a search to determine whether the
5person is subject to a temporary restraining order or injunction under s. 813.124, and
6a search to determine whether the person is prohibited from possessing a firearm
7under s. 813.123 (5m) or 813.125 (4m).
AB43,2374
8Section
2374
. 175.35 (1) (at) of the statutes, as affected by 2023 Wisconsin Act
9.... (this act), is amended to read:
AB43,1314,210
175.35
(1) (at) “Firearms restrictions record search" means a search of
11department of justice records to determine whether a person seeking to
purchase be
12transferred a
handgun firearm is prohibited from possessing a firearm under s.
13941.29. “Firearms restrictions record search" includes a criminal history record
14search, a search to determine whether a person is prohibited from possessing a
15firearm under s. 51.20 (13) (cv) 1., 2007 stats., a search in the national instant
16criminal background check system to determine whether a person has been ordered
17not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or
1855.12 (10) (a), a search to determine whether the person is subject to an injunction
19under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued
20by a court established by any federally recognized Wisconsin Indian tribe or band,
21except the Menominee Indian tribe of Wisconsin, that includes notice to the
22respondent that he or she is subject to the requirements and penalties under s.
23941.29 and that has been filed with the circuit court under s. 813.128 (3g), a search
24to determine whether the person is subject to a temporary restraining order or
1injunction under s. 813.124, and a search to determine whether the person is
2prohibited from possessing a firearm under s. 813.123 (5m) or 813.125 (4m).
AB43,2375
3Section 2375
. 175.35 (1) (b) of the statutes is repealed.
AB43,2376
4Section 2376
. 175.35 (1) (br) of the statutes is created to read:
AB43,1314,65
175.35
(1) (br) “Transfer” includes to sell, assign, pledge, lease, loan, give away,
6or otherwise dispose of.
AB43,2377
7Section 2377
. 175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) (am)
8and amended to read:
AB43,1314,129
175.35
(2) (am) When a firearms dealer
sells transfers a
handgun firearm,
10including the frame or receiver of a firearm, he or she may not transfer possession
11of that
handgun firearm to any other person until all of the
following have occurred: 12requirements under par. (cm) have been met.
AB43,2378
13Section 2378
. 175.35 (2) (a), (b), (c) and (d) of the statutes are renumbered
14175.35 (2) (cm) 1., 2., 3. and 4.
AB43,2379
15Section 2379
. 175.35 (2) (bm) of the statutes is created to read:
AB43,1314,1816
175.35
(2) (bm) When a person transfers a firearm, including the frame or
17receiver of a firearm, through a firearms dealer, the transfer of possession of that
18firearm may not be made until all of the requirements of par. (cm) have been met.
AB43,2380
19Section 2380
. 175.35 (2) (cm) (intro.) of the statutes is created to read:
AB43,1314,2120
175.35
(2) (cm) (intro.) All of the following must occur before a transfer of a
21firearm occurs under par. (am) or (bm):
AB43,2381
22Section 2381
. 175.35 (2g) (a) of the statutes is amended to read:
AB43,1314,2523
175.35
(2g) (a) The department of justice shall promulgate rules prescribing
24procedures
for use under sub. (2) (cm) 1. for a transferee to provide and a firearms
25dealer to inspect identification containing a photograph of the transferee.
AB43,2382
1Section
2382. 175.35 (2g) (b) 1. of the statutes is amended to read:
AB43,1315,72
175.35
(2g) (b) 1. The department of justice shall promulgate rules prescribing
3a notification form for use under sub. (2)
(cm) 2. and 3. requiring the transferee to
4provide his or her name, date of birth, gender, race and social security number and
5other identification necessary to permit an accurate firearms restrictions record
6search under par. (c) 3. and the required notification under par. (c) 4.
The department
7of justice shall make the forms available at locations throughout the state.
AB43,2383
8Section 2383
. 175.35 (2g) (b) 2. of the statutes is amended to read:
AB43,1315,149
175.35
(2g) (b) 2. The department of justice shall ensure that each notification
10form under subd. 1. requires the transferee to indicate that he or she is not
11purchasing receiving a transfer of the firearm with the purpose or intent to transfer
12the firearm to a person who is prohibited from possessing a firearm under state or
13federal law and that each notification form informs the transferee that making a
14false statement with regard to this purpose or intent is a Class H felony.
AB43,2384
15Section 2384
. 175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and
16amended to read:
AB43,1315,1917
175.35
(2i) (a) The department shall charge a firearms dealer a $10 fee for each
18firearms restrictions record search that the firearms dealer requests under sub. (2)
19(c) (cm) 3.
AB43,1315,20
20(b) 1. The firearms dealer may collect the fee
under par. (a) from the transferee.
AB43,1315,23
21(c) The department may refuse to conduct firearms restrictions record searches
22for any firearms dealer who fails to pay any fee under
this subsection par. (a) within
2330 days after billing by the department.
AB43,2385
24Section 2385
. 175.35 (2i) (b) 2. of the statutes is created to read:
AB43,1316,3
1175.35
(2i) (b) 2. If the transfer is made under sub. (2) (bm), the firearms dealer
2may collect from the transferor the fee under par. (a) and any additional amount to
3cover any costs he or she incurs in processing the transfer.