LRBa0633/1
JEO:wlj:kjf
1999 - 2000 LEGISLATURE
ASSEMBLY AMENDMENT 15,
TO 1999 ASSEMBLY BILL 465
September 23, 1999 - Offered by Representative Travis.
AB465-AA15,1,3
3"
Section 218d. 938.341 of the statutes is amended to read:
AB465-AA15,1,8
4938.341 Delinquency adjudication; restriction on firearm possession. 5Whenever a court adjudicates a juvenile delinquent for an act that if committed by
6an adult in this state would be a felony
or a serious misdemeanor, as defined in s.
7941.29 (1d), the court shall inform the juvenile of the requirements and penalties
8under s. 941.29.".
AB465-AA15,1,10
10"
Section 364b. 941.29 (1) of the statutes is renumbered 941.29 (1m).
AB465-AA15,2,412
941.29
(1d) In this section,"serious misdemeanor" means an attempt to commit
13a violation of s. 940.20 (2) or (2m) or a violation, or the solicitation, conspiracy or
1attempt to commit a violation, of s. 940.19 (1), 940.195 (1), 940.285 (2) (b) 4., 940.295
2(3) (b) 4., 940.32 (2), 940.42, 940.44, 941.20 (1), 941.23, 941.235 (1), 941.237 (2),
3941.26 (4) (b), 941.38 (3), 946.41 (1), 947.013 (1r), 948.55 (2) or (3), 948.60 (2) (a),
4948.605 (2) (a) or 948.61 (2) (a).
AB465-AA15, s. 364h
5Section 364h. 941.29 (1m) (h), (i), (j), (k) and (L) of the statutes are created
6to read:
AB465-AA15,2,87
941.29
(1m) (h) Convicted in this state on or after the effective date of this
8paragraph .... [revisor inserts date], of a serious misdemeanor.
AB465-AA15,2,119
(i) Convicted elsewhere on or after the effective date of this paragraph ....
10[revisor inserts date], of a crime that would be a serious misdemeanor if committed
11in this state.
AB465-AA15,2,1412
(j) Adjudicated delinquent on or after the effective date of this paragraph ....
13[revisor inserts date], for an act that if committed by an adult in this state would be
14a serious misdemeanor.
AB465-AA15,2,1715
(k) Found not guilty by reason of mental disease or defect in this state on or
16after the effective date of this paragraph .... [revisor inserts date], of a serious
17misdemeanor.
AB465-AA15,2,2018
(L) Found not guilty of or not responsible elsewhere on or after the effective
19date of this paragraph .... [revisor inserts date], for a crime that would be a serious
20misdemeanor in this state by reason of insanity or mental disease, defect or illness.
AB465-AA15,2,2322
941.29
(2) (intro.) A person specified in sub.
(1) (1m) is guilty of a Class
E
G 23felony if he or she possesses a firearm under any of the following circumstances:
AB465-AA15,3,2
1941.29
(2) (a) The person possesses a firearm subsequent to the conviction for
2the felony or other crime, as specified in sub.
(1)
(1m) (a) or (b).
AB465-AA15,3,54
941.29
(2) (b) The person possesses a firearm subsequent to the adjudication,
5as specified in sub.
(1) (1m) (bm).
AB465-AA15,3,97
941.29
(2) (c) The person possesses a firearm subsequent to the finding of not
8guilty or not responsible by reason of insanity or mental disease, defect or illness
, as
9specified in sub.
(1) (1m) (c) or (d).
AB465-AA15,3,1211
941.29
(2) (d) The person possesses a firearm while subject to the court order,
12as specified in sub.
(1) (1m) (e) or (g).
AB465-AA15,3,1514
941.29
(2) (e) The person possesses a firearm while the injunction, as specified
15in sub.
(1) (1m) (f), is in effect.
AB465-AA15,3,1817
941.29
(2g) A person specified in sub. (1m) is guilty of a Class B misdemeanor
18if he or she possesses a firearm under any of the following circumstances:
AB465-AA15,3,2019
(a) Subsequent to the conviction for the serious misdemeanor or other crime,
20as specified in sub. (1m) (h) or (i).
AB465-AA15,3,2121
(b) Subsequent to the adjudication, as specified in sub. (1m) (j).
AB465-AA15,3,2322
(c) Subsequent to the finding of not guilty or not responsible by reason of
23insanity or mental disease, defect or illness, as specified in sub. (1m) (k) or (L).".
AB465-AA15,4,1
1"
Section 365c. 941.29 (5) (intro.) of the statutes is amended to read:
AB465-AA15,4,32
941.29
(5) (intro.) This section does not apply to any person specified in sub.
3(1) (1m) who:
AB465-AA15,4,75
941.29
(5) (a) Has received a pardon with respect to the crime or felony specified
6in sub.
(1) and has been (1m), unless the pardon expressly
authorized to provides that
7the person may not possess a firearm
under 18 USC app. 1203; or
AB465-AA15,4,139
941.29
(8) This section does not apply to any person specified in sub.
(1) (1m) 10(bm)
or (j) if a court subsequently determines that the person is not likely to act in
11a manner dangerous to public safety. In any action or proceeding regarding this
12determination, the person has the burden of proving by a preponderance of the
13evidence that he or she is not likely to act in a manner dangerous to public safety.
AB465-AA15,4,1715
941.29
(9) This section does not apply to a person specified in sub.
(1) (1m) (e)
16if the prohibition under s. 51.20 (13) (cv) 1. has been canceled under s. 51.20 (13) (cv)
172. or (16) (gm).
AB465-AA15,4,2119
941.29
(10) (intro.) The prohibition against firearm possession under this
20section does not apply to a person specified in sub.
(1) (1m) (f) if the person satisfies
21any of the following:".
AB465-AA15,4,23
23"
Section 735f. 971.17 (1g) of the statutes is amended to read:
AB465-AA15,5,4
1971.17
(1g) If the defendant under sub. (1) is found not guilty of a felony by
2reason of mental disease or defect
or not guilty of a serious misdemeanor, as defined
3in s. 941.29 (1d), by reason of mental disease or defect, the court shall inform the
4defendant of the requirements and penalties under s. 941.29.".
