2011 Wisconsin Act 35

2011 WISCONSIN ACT 35

An Act to repeal 941.237 (4) and 948.605 (2) (b) 1., 2., 4., 5. and 7.; to renumber 167.30, 941.295 (1), 943.13 (1e) (a) and 947.01; to renumber and amend 29.089 (2), 29.091, 29.621 (4), 167.31 (3) (a), 440.26 (3m), 941.23, 941.235 (2), 941.295 (2) (d), 941.295 (4), 943.13 (2), 948.605 (2) (b) 6. and 948.605 (2) (b) 8.; to amend 23.33 (3) (e), 48.685 (2) (bb), 50.065 (2) (bb), 59.54 (6), 66.0409 (3) (b), 165.60, 165.81 (2), 165.82 (1) (intro.), 165.82 (2), 167.31 (1) (b), 167.31 (2) (a), 167.31 (2) (b), 167.31 (2) (c), 813.12 (6) (am) 1., 813.122 (9) (am) 1., 813.125 (5r) (a), 895.527 (5) (a), 938.396 (2g) (n), 939.22 (10), 941.295 (2) (intro.), 943.13 (1m) (b), 943.13 (3), 947.011 (2) (a) 1., 947.011 (2) (c) 1., 947.011 (2) (d), 948.60 (1), 948.605 (2) (a), 948.605 (2) (b) (intro.), 968.255 (1) (a) 2., 971.37 (1m) (a) 2. and 973.055 (1) (a) 1.; and to create 20.455 (2) (gs), 20.455 (2) (gu), 29.089 (2) (a), 29.089 (2) (b), 29.089 (2) (c), 29.089 (2) (d), 29.091 (2), 29.621 (4) (a), 29.621 (4) (b), 29.621 (4) (c), 29.621 (4) (d), 29.621 (6), 66.0409 (6), 165.25 (12), 167.30 (2), 167.31 (3) (a) 2., 167.31 (4) (at), 175.48, 175.49, 175.60, 440.26 (3m) (a), 440.26 (3m) (b), 440.26 (3m) (c), 440.26 (3m) (d), 941.23 (1), 941.23 (2) (b), 941.23 (2) (c), 941.23 (2) (d), 941.23 (2) (e), 941.23 (3), 941.235 (2) (c), 941.235 (2) (d), 941.235 (2) (e), 941.237 (3) (cr), 941.237 (3) (ct), 941.237 (3) (cx), 941.295 (1c) (b) and (c), 941.295 (2) (d) 2., 941.295 (2g), 941.295 (2r), 943.13 (1e) (aL), 943.13 (1e) (bm), 943.13 (1e) (cm), 943.13 (1e) (g), 943.13 (1e) (h), 943.13 (1m) (c), 943.13 (2) (bm), 946.71, 947.01 (2) and 948.605 (2) (b) 1m. and 1r. of the statutes; relating to: carrying a concealed weapon; licenses authorizing persons to carry concealed weapons; possessing or transporting a firearm, bow, or crossbow under certain circumstances; disorderly conduct limitations; photographic identification cards for former law enforcement officers; providing an exemption from emergency rule procedures; requiring the exercise of rule-making authority; making appropriations; and providing penalties.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

35,1 Section 1. 20.455 (2) (gs) of the statutes is created to read:

20.455 (2) (gs) Background check for licenses to carry concealed weapons. The amounts in the schedule to provide services under s. 175.60. All moneys received as fee payments under s. 175.60 (7) (c) and (d), (13), and (15) (b) 4. a. and b. shall be credited to this appropriation.

35,2 Section 2. 20.455 (2) (gu) of the statutes is created to read:

20.455 (2) (gu) Certification cards for carrying concealed weapons. All moneys received as fees under s. 175.49 (5m) to verify eligibility of, and to issue certification cards to, former officers seeking to carry concealed weapons.

35,3 Section 3. 23.33 (3) (e) of the statutes is amended to read:

23.33 (3) (e) With any firearm in his or her possession unless it is unloaded and enclosed in a carrying case or unless the firearm is a handgun, as defined in s. 175.60 (1) (bm), or any bow unless it is unstrung or enclosed in a carrying case.

35,4 Section 4. 29.089 (2) of the statutes is renumbered 29.089 (2) (intro.) and amended to read:

29.089 (2) (intro.) Except as provided in sub. (3), no person may have in his or her possession or under his or her control a firearm on land located in state parks or state fish hatcheries unless the firearm is unloaded and enclosed within a carrying case. This subsection does not apply to any of the following:

35,5 Section 5. 29.089 (2) (a) of the statutes is created to read:

29.089 (2) (a) A person who is employed in this state by a public agency as a law enforcement officer and to whom s. 941.23 (1) (g) 2. to 5. and (2) (b) 1. to 3. applies.

35,6 Section 6. 29.089 (2) (b) of the statutes is created to read:

29.089 (2) (b) A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (g), to whom s. 941.23 (2) (b) 1. to 3. applies.

35,7 Section 7. 29.089 (2) (c) of the statutes is created to read:

29.089 (2) (c) A former officer, as defined in s. 941.23 (1) (c), to whom s. 941.23 (2) (c) 1. to 7. applies.

35,8 Section 8. 29.089 (2) (d) of the statutes is created to read:

29.089 (2) (d) A licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g), if the firearm is a handgun, as defined in s. 175.60 (1) (bm).

35,9 Section 9. 29.091 of the statutes is renumbered 29.091 (1) and amended to read:

29.091 (1) No person may hunt or trap within any wildlife refuge established under s. 23.09 (2) (b) or 29.621 (1), or, except as provided in sub. (2), have possession or control of any gun, firearm, bow or crossbow unless the gun or firearm is unloaded, the bow or crossbow is unstrung and the gun, firearm, bow or crossbow is enclosed within a carrying case. The taking of predatory game birds and animals shall be done as the department directs. All state wildlife refuge boundary lines shall be marked by posts placed at intervals of not over 500 feet and bearing signs with the words "Wisconsin Wildlife Refuge".

35,10 Section 10. 29.091 (2) of the statutes is created to read:

29.091 (2) The prohibition in sub. (1), as it relates to the possession or control of a loaded or unencased gun or firearm within a refuge established under s. 23.09 (2) (b), does not apply to any of the following:

(a) A person who is employed in this state by a public agency as a law enforcement officer and to whom s. 941.23 (1) (g) 2. to 5. and (2) (b) 1. to 3. applies.

(b) A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (g), to whom s. 941.23 (2) (b) 1. to 3. applies.

(c) A former officer, as defined in s. 941.23 (1) (c), to whom s. 941.23 (2) (c) 1. to 7. applies.

(d) A licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g), if the gun or firearm is a handgun, as defined in s. 175.60 (1) (bm).

35,11 Section 11. 29.621 (4) of the statutes is renumbered 29.621 (4) (intro.) and amended to read:

29.621 (4) Protection. (intro.) Except as provided in s. 29.091 (1), no owner of a wildlife refuge, and no other person, may hunt or trap within the boundaries of any wildlife refuge or have in his or her possession or under his or her control in the wildlife refuge a gun, firearm, bow or crossbow, unless the gun or firearm is unloaded, the bow or crossbow is unstrung and the gun, firearm, bow or crossbow is enclosed within a carrying case. Nothing in this section may prohibit, prevent or interfere with the department in the destruction of injurious animals. This subsection, as it relates to the possession or control of a loaded or unencased firearm, does not apply to any of the following:

35,12 Section 12. 29.621 (4) (a) of the statutes is created to read:

29.621 (4) (a) A person who is employed in this state by a public agency as a law enforcement officer and to whom s. 941.23 (1) (g) 2. to 5. and (2) (b) 1. to 3. applies.

35,13 Section 13. 29.621 (4) (b) of the statutes is created to read:

29.621 (4) (b) A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (g), to whom s. 941.23 (2) (b) 1. to 3. applies.

35,14 Section 14. 29.621 (4) (c) of the statutes is created to read:

29.621 (4) (c) A former officer, as defined in s. 941.23 (1) (c), to whom s. 941.23 (2) (c) 1. to 7. applies.

35,15 Section 15. 29.621 (4) (d) of the statutes is created to read:

29.621 (4) (d) A licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g), if the gun or firearm is a handgun, as defined in s. 175.60 (1) (bm).

35,16 Section 16. 29.621 (6) of the statutes is created to read:

29.621 (6) Injurious animals. Nothing in this section may prohibit, prevent, or interfere with the department in the destruction of injurious animals.

35,17 Section 17. 48.685 (2) (bb) of the statutes is amended to read:

48.685 (2) (bb) If information obtained under par. (am) or (b) 1. indicates a charge of a serious crime, but does not completely and clearly indicate the final disposition of the charge, the department, county department, agency contracted with under s. 48.651 (2), child welfare agency, school board, or entity shall make every reasonable effort to contact the clerk of courts to determine the final disposition of the charge. If a background information form under sub. (6) (a) or (am) indicates a charge or a conviction of a serious crime, but information obtained under par. (am) or (b) 1. does not indicate such a charge or conviction, the department, county department, agency contracted with under s. 48.651 (2), child welfare agency, school board, or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and the final disposition of the complaint. If information obtained under par. (am) or (b) 1., a background information form under sub. (6) (a) or (am), or any other information indicates a conviction of a violation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08, 947.01 (1), or 947.013 obtained not more than 5 years before the date on which that information was obtained, the department, county department, agency contracted with under s. 48.651 (2), child welfare agency, school board, or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and judgment of conviction relating to that violation.

35,18 Section 18. 50.065 (2) (bb) of the statutes is amended to read:

50.065 (2) (bb) If information obtained under par. (am) or (b) indicates a charge of a serious crime, but does not completely and clearly indicate the final disposition of the charge, the department or entity shall make every reasonable effort to contact the clerk of courts to determine the final disposition of the charge. If a background information form under sub. (6) (a) or (am), or any disclosure made pursuant to a disclosure policy described under sub. (6) (am), indicates a charge or a conviction of a serious crime, but information obtained under par. (am) or (b) does not indicate such a charge or conviction, the department or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and the final disposition of the complaint. If information obtained under par. (am) or (b), a background information form under sub. (6) (a) or (am), any disclosure made pursuant to a disclosure policy described under sub. (6) (am), or any other information indicates a conviction of a violation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08, 947.01 (1), or 947.013 obtained not more than 5 years before the date on which that information was obtained, the department or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and judgment of conviction relating to that violation.

35,19 Section 19. 59.54 (6) of the statutes is amended to read:

59.54 (6) Peace and order. The board may enact and enforce ordinances to preserve the public peace and good order within the county including, but not limited by enumeration, ordinances prohibiting conduct that is the same as or similar to conduct that is prohibited by ss. 947.01 (1) and 947.02, and provide a forfeiture for a violation of the ordinances.

35,20 Section 20. 66.0409 (3) (b) of the statutes is amended to read:

66.0409 (3) (b) Nothing in this section prohibits a city, village or town that is authorized to exercise village powers under s. 60.22 (3) from enacting an ordinance or adopting a resolution that restricts the discharge of a firearm. Any ordinance or resolution that restricts the discharge of a firearm does not apply and may not be enforced if the actor's conduct is justified or, had it been subject to a criminal penalty, would have been subject to a defense described in s. 939.45.

35,21 Section 21. 66.0409 (6) of the statutes is created to read:

66.0409 (6) Unless other facts and circumstances that indicate a criminal or malicious intent on the part of the person apply, no person may be in violation of, or be charged with a violation of, an ordinance of a political subdivision relating to disorderly conduct or other inappropriate behavior for loading, carrying, or going armed with a firearm, without regard to whether the firearm is loaded or is concealed or openly carried. Any ordinance in violation of this subsection does not apply and may not be enforced.

35,22 Section 22. 165.25 (12) of the statutes is created to read:

165.25 (12) Rules regarding concealed weapons licenses. Promulgate by rule a list of states that issue a permit, license, approval, or other authorization to carry a concealed weapon if the permit, license, approval, or other authorization requires, or designates that the holder chose to submit to, a background search that is comparable to a background check as defined in s. 175.60 (1) (ac).

35,23 Section 23. 165.60 of the statutes is amended to read:

165.60 Law enforcement. The department of justice is authorized to enforce ss. 101.123 (2), (2m), and (8), 175.60 (17) (e), 944.30, 944.31, 944.33, 944.34, 945.02 (2), 945.03 (1m), and 945.04 (1m) and ch. 108 and, with respect to a false statement submitted or made under s. 175.60 (7) (b) or (15) (b) 2. or as described under s. 175.60 (17) (c), to enforce s. 946.32 and is invested with the powers conferred by law upon sheriffs and municipal police officers in the performance of those duties. This section does not deprive or relieve sheriffs, constables, and other local police officers of the power and duty to enforce those sections, and those officers shall likewise enforce those sections.

35,24 Section 24. 165.81 (2) of the statutes is amended to read:

165.81 (2) Any electric weapon, as defined in s. 941.295 (4) (1c) (a), in the possession of the laboratories shall either be destroyed or be turned over to an agency authorized to have electric weapons under s. 941.295 (2).

35,25 Section 25. 165.82 (1) (intro.) of the statutes is amended to read:

165.82 (1) (intro.) Notwithstanding s. 19.35 (3), the department of justice shall impose the following fees, plus any surcharge required under sub. (1m), for criminal history searches for purposes unrelated to criminal justice or to s. 175.35, 175.49, or 175.60:

35,26 Section 26. 165.82 (2) of the statutes is amended to read:

165.82 (2) Except as provided in s. 175.35, the The department of justice shall not impose fees for criminal history searches for purposes related to criminal justice.

35,27 Section 27. 167.30 of the statutes is renumbered 167.30 (1).

35,28 Section 28. 167.30 (2) of the statutes is created to read:

167.30 (2) Subsection (1) does not apply to the discharge of a firearm if the actor's conduct is justified or, had it been subject to a criminal penalty, would have been subject to a defense described in s. 939.45.

35,29 Section 29. 167.31 (1) (b) of the statutes is amended to read:

167.31 (1) (b) "Encased" means enclosed in a case that is expressly made for the purpose of containing a firearm and that is completely zipped, snapped, buckled, tied or otherwise fastened with no part of the firearm exposed.

35,30 Section 30. 167.31 (2) (a) of the statutes is amended to read:

167.31 (2) (a) Except as provided in sub. (4), no person may place, possess, or transport a firearm, bow , or crossbow in or on a motorboat with the motor running, unless the firearm is a handgun, as defined in s. 175.60 (1) (bm), unless the firearm is unloaded, or unless the bow or crossbow is unstrung or is enclosed in a carrying case.

35,31 Section 31. 167.31 (2) (b) of the statutes is amended to read:

167.31 (2) (b) Except as provided in sub. (4), no person may place, possess, or transport a firearm, bow , or crossbow in or on a vehicle, unless the firearm is a handgun, as defined in s. 175.60 (1) (bm), unless the firearm is unloaded and encased, or unless the bow or crossbow is unstrung or is enclosed in a carrying case.

35,32 Section 32. 167.31 (2) (c) of the statutes is amended to read:

167.31 (2) (c) Except as provided in sub. (4), no person may load a firearm, other than a handgun, as defined in s. 175.60 (1) (bm), in a vehicle or discharge a firearm or shoot a bolt or an arrow from a bow or crossbow in or from a vehicle.

35,33 Section 33. 167.31 (3) (a) of the statutes is renumbered 167.31 (3) (a) (intro.) and amended to read:

167.31 (3) (a) (intro.) Except as provided in sub. (4), no person may place, do any of the following:

1. Place, possess, or transport a firearm, bow, or crossbow in or on an a commercial aircraft, unless the firearm is unloaded and encased or unless the bow or crossbow is unstrung or is enclosed in a carrying case.

35,34 Section 34. 167.31 (3) (a) 2. of the statutes is created to read:

167.31 (3) (a) 2. Place, possess, or transport a firearm, bow, or crossbow in or on a noncommercial aircraft, unless the firearm is unloaded and encased or the firearm is a handgun, as defined in s. 175.60 (1) (bm), or unless the bow or crossbow is unstrung or is enclosed in a carrying case.

35,35 Section 35. 167.31 (4) (at) of the statutes is created to read:

167.31 (4) (at) Subsections (2) (c) and (d) and (3) (b) do not apply to the discharge of a firearm if the actor's conduct is justified or, had it been subject to a criminal penalty, would have been subject to a defense described in s. 939.45.

35,36 Section 36. 175.48 of the statutes is created to read:

175.48 Law enforcement officer identification cards. (1) In this section, "Wisconsin law enforcement agency" has the meaning given in s. 175.46 (1) (f).

(2) If a Wisconsin law enforcement agency issues photographic identification cards to its officers, it may not require an officer to relinquish his or her card when the officer separates from service with the Wisconsin law enforcement agency unless one of the following applies:

(a) The officer may not lawfully possess a firearm under federal law.

(b) The officer did not separate from service in good standing as a law enforcement officer with the agency.

(c) The officer served as a law enforcement officer for an aggregate of less than 10 years. This paragraph does not apply if the officer, after completing any applicable probationary period of service with the agency, separated from service with the agency due to a service-connected disability, as determined by the agency.

(d) Either of the following applies:

1. A qualified medical professional employed by the law enforcement agency has found the officer to be unqualified to be a law enforcement officer for reasons related to the officer's mental health.

2. The officer has entered into an agreement with the law enforcement agency from which he or she is separating from service in which the officer acknowledges that he or she is not qualified to be a law enforcement officer for reasons related to the officer's mental health and in which the officer declines the photographic identification for that reason.

(3) Unless sub. (2) (a), (b), (c), or (d) applies, if a Wisconsin law enforcement agency does not issue photographic identification cards to its officers, it shall issue such a card to an officer who separates from service with that agency upon the separating officer's request and at his or her expense.

(4) This section does not restrict the right of an officer who has separated from service to go armed with a firearm that is not concealed.

35,37 Section 37. 175.49 of the statutes is created to read: