Amendment SSA2-SB214

SB214-SSA2,16,23 4. `Inability to obtain chemical test.' The failure or inability of a person to obtain a chemical test at his or her own expense does not preclude the admission of evidence of the results of a chemical test required and administered under pars. (a) and (b).

SB214-SSA2,17,6 (d) Admissibility; effect of test results; other evidence. The results of a chemical test required or administered under par. (a), (b), or (c) are admissible in any civil or criminal action or proceeding arising out of the acts committed by a person alleged to have violated sub. (16) (cm) 1. on the issue of whether the person had alcohol concentrations at or above specified levels or was under the influence of an intoxicant. Results of these chemical tests shall be given the effect required under s. 885.235. This subsection does not limit the right of a law enforcement officer to obtain evidence by any other lawful means.

SB214-SSA2,17,13 (e) Refusal. No person may refuse a lawful request to provide one or more samples of his or her breath, blood, or urine or to submit to one or more chemical tests under par. (a). A person shall not be deemed to refuse to provide a sample or to submit to a chemical test if it is shown by a preponderance of the evidence that the refusal was due to a physical inability to provide the sample or to submit to the test due to a physical disability or disease unrelated to the use of an intoxicant. Issues in any action concerning a violation of par. (a) or this paragraph are limited to:

SB214-SSA2,17,15 1. Whether the law enforcement officer had probable cause to believe the person was violating or had violated sub. (16) (cm) 1.

SB214-SSA2,17,17 2. Whether the person was lawfully placed under arrest for violating sub. (16) (cm) 1.

SB214-SSA2,17,21 3. Whether the law enforcement officer requested the person to provide a sample or to submit to a chemical test and provided the information required under par. (a) 2. or whether the request and information were unnecessary under par. (a) 3.

SB214-SSA2,17,23 4. Whether the person refused to provide a sample or to submit to a chemical test.

SB214-SSA2,18,5 (2m) License document; content of license. (a) Subject to pars. (b), (c), and (d), the department shall design a single license document for licenses issued and renewed under this section. The department shall complete the design of the license document no later than the first day of the 4th month beginning after the effective date of this paragraph .... [revisor inserts date], and shall distribute the design for the license document to any sheriff who issues licenses under sub. (2) (a) or (c) for the sheriff to use for licenses that he or she issues under this section.

SB214-SSA2,18,7 (b) A license document for a license issued under this section shall contain all of the following on one side:

SB214-SSA2,18,8 1. The full name, date of birth, and residence address of the licensee.

SB214-SSA2,18,9 2. A color photograph of the licensee.

SB214-SSA2,18,11 3. A physical description of the licensee, including gender, height, weight, and hair and eye color.

SB214-SSA2,18,12 4. The date on which the license was issued.

SB214-SSA2,18,13 5. The date on which the license expires.

SB214-SSA2,18,14 6. The name of this state.

SB214-SSA2,18,15 7. The name of the county that issues the license.

SB214-SSA2,18,17 8. A unique identification number for each licensee that begins with a unique code number, which the department shall establish, for the county listed in subd. 7.

SB214-SSA2,18,18 (c) The license document may not contain the licensee's social security number.

SB214-SSA2,18,22 (d) A license document issued under this section shall be, to the maximum extent possible, tamper proof. The contents of the license document shall be included in the document in substantially the same way that the contents of an operator's license document issued under s. 343.17 are included on that document.

SB214-SSA2,18,24 (3) Qualifications for obtaining a license. An individual is eligible for a license under this section if all of the following apply:

SB214-SSA2,18,25 (a) The individual is at least 21 years of age.

SB214-SSA2,19,5 (b) The individual does not have a physical disability that prevents him or her from safely handling a weapon. The department shall promulgate rules specifying the procedures and definitions that the sheriff is required to apply when determining whether an individual is ineligible for a license under this section because he or she has a physical disability that prevents him or her from safely handling a weapon.

SB214-SSA2,19,7 (c) The individual is not prohibited under federal law from possessing a firearm that has been transported in interstate or foreign commerce.

SB214-SSA2,19,8 (d) The individual is not prohibited from possessing a firearm under s. 941.29.

SB214-SSA2,19,10 (e) During the preceding 3 years, the individual has not been civilly committed under s. 51.20 for being drug dependent.

SB214-SSA2,19,14 (f) During the preceding 3 years, the individual has not been convicted for any violation, or for the solicitation, conspiracy, or attempt to commit any violation, of ch. 961 or of a federal law or a law of another state that is comparable to any provision of ch. 961.

SB214-SSA2,19,19 (g) The individual does not chronically and habitually use alcohol beverages or other substances to the extent that his or her normal faculties are impaired. A person is presumed chronically and habitually to use alcohol beverages or other substances to the extent that his or her normal faculties are impaired if, within the preceding 3 years, any of the following applies:

SB214-SSA2,19,21 1. The individual has been committed for involuntary treatment under s. 51.45 (13).

SB214-SSA2,19,22 2. The individual has been convicted of a violation of s. 941.20 (1) (b).

SB214-SSA2,19,24 3. In 2 or more cases arising out of separate incidents, a court has found the individual to have committed a drunk driving offense.

SB214-SSA2,19,25 (h) The individual has done one of the following:

SB214-SSA2,20,2 2. Successfully completed a National Rifle Association firearm training or firearm safety course or class that meets the requirements under sub. (4m).

SB214-SSA2,20,7 3. Successfully completed a firearm training or firearm safety course or class that meets the requirements under sub. (4m) and that is conducted by an instructor certified by the state in which the course or class was conducted, by the National Rifle Association, or by another national or state organization that certifies firearms instructors.

SB214-SSA2,20,14 4. Successfully completed a firearm safety or firearm training course or class that is available to the general public and that is offered by a law enforcement agency, a private or public school, institution, or organization, or a firearm training school, if the course or class uses instructors certified by the National Rifle Association, by another national or state organization that certifies firearms instructors, or by the department or if the curriculum meets the minimum requirements of the law enforcement standards board and the requirements under sub. (4m).

SB214-SSA2,20,18 5. Successfully completed a firearm safety or firearm training course or class that meets the requirements under sub. (4m) and that is offered for law enforcement officers, correctional officers, special deputies, private detectives licensed under s. 440.26, or other security or law enforcement personnel.

SB214-SSA2,20,21 6. Participated in organized shooting competitions or military training that gave the applicant experience with firearms that the sheriff determines is substantially equivalent to any course or class specified in subds. 2. to 5.

SB214-SSA2,20,25 (i) The individual has not been found incompetent under ch. 880 or, if the individual has been found incompetent under ch. 880, he or she was subsequently found to be competent and at least 5 years have elapsed from the date that he or she was found to be competent.

SB214-SSA2,21,3 (im) The individual was not the subject of a protective placement under s. 55.06 as a minor unless at least 5 years have elapsed from the date on which his or her protective placement ended.

SB214-SSA2,21,9 (j) The individual has not been involuntarily committed for treatment under s. 51.20 due to mental illness or a developmental disability or, if the individual has been involuntarily committed for treatment under s. 51.20 due to mental illness or a developmental disability, he or she shows, through evidence from a psychiatrist licensed in this state, that he or she has not been disabled due to mental illness or a developmental disability for at least 5 years.

SB214-SSA2,21,11 (k) The individual has not been found incompetent under s. 971.14 or, if the individual has been found incompetent under s. 971.14, one of the following applies:

SB214-SSA2,21,13 1. He or she was subsequently found to be competent and at least 5 years have elapsed from the date that he or she was found to be competent.

SB214-SSA2,21,16 2. He or she was not subsequently found to be competent and he or she shows, through evidence from a psychiatrist licensed in this state, that he or she has not been disabled due to mental illness or a developmental disability for at least 5 years.

SB214-SSA2,21,21 (L) The individual has not been found not guilty by reason of mental disease or defect under s. 971.17 or, if the individual has been found not guilty by reason of mental disease or defect under s. 971.17, he or she presents evidence from a psychiatrist licensed in this state that he or she has not been disabled due to mental illness or a developmental disability for at least 5 years.

SB214-SSA2,21,25 (m) Within the preceding 3 years, the individual was not convicted of a misdemeanor crime of violence or was not serving a sentence, on probation, or subject to a dispositional order under ch. 938 for committing a misdemeanor crime of violence.

SB214-SSA2,22,3 (n) The individual has not been charged with a felony or a misdemeanor crime of violence for which the prosecution was suspended under a deferred prosecution agreement unless 3 years have elapsed since the date of the agreement.

SB214-SSA2,22,6 (o) The individual is not the subject of any pending civil or criminal case, the disposition of which could disqualify him or her from having a license under this subsection.

SB214-SSA2,22,11 (p) The individual has not previously submitted an application for a license under this section to any county and had the application denied, unless each reason for the denial is no longer applicable because of changed circumstances or, if the denial was based on a restriction under sub. (3) that applies for a specified period of time, because that time period has run.

SB214-SSA2,22,15 (q) The individual has not had a license that was issued under this section revoked, unless each reason for the revocation is no longer applicable because of changed circumstances or, if the revocation was based on a restriction under sub. (3) that applies for a specified period of time, because that time period has run.

SB214-SSA2,22,16 (r) The individual has not been convicted under sub. (17) (c), (d), or (e).

SB214-SSA2,22,17 (s) The individual is a Wisconsin resident.

SB214-SSA2,22,20 (3m) Federal preemption. The requirements under sub. (3) (e), (g) 1., (i), (im), (j), (k), and (L), apply only to a person who may lawfully possess a firearm under federal law.

SB214-SSA2,23,8 (5) Application and renewal forms. The department shall design an application form for use by individuals who apply for a license under this section and a renewal form for use by individuals applying for renewal of a license under sub. (15). The department shall complete the design of the application form no later than the first day of the 4th month beginning after the effective date of this subsection .... [revisor inserts date], and shall complete the design of the renewal form no later than the first day of the 54th month beginning after the effective date of this subsection .... [revisor inserts date]. The department shall distribute the designs for both forms to any sheriff who issues licenses under sub. (2) (a) or (c) for use in making the application forms and the license renewal forms described in this section. The forms designed by the department under this subsection shall only require the applicant to provide his or her name, address, date of birth, race, gender, height, weight, and hair and eye color and shall include all of the following:

SB214-SSA2,23,10 (e) A statement that the applicant is eligible for a license if the requirements specified in sub. (3) are met.

SB214-SSA2,23,13 (f) A statement explaining the privilege of self-defense and defense of others under s. 939.48, with a place for the applicant to sign his or her name to indicate that he or she has read and understands the statement.

SB214-SSA2,23,16 (g) A statement that the applicant has received a copy of this section, with a place for the applicant to sign his or her name to indicate that he or she has read and understands the requirements of this section.

SB214-SSA2,23,19 (h) A statement that the application is being made under oath and that an applicant may be prosecuted if he or she gives a false answer to any question on the application or submits a falsified document with the application.

SB214-SSA2,23,21 (i) A statement of the penalties for giving a false answer to any question on the application or submitting a falsified document with the application.

SB214-SSA2,23,24 (6) Oath. An applicant shall swear under oath that the information that he or she provides in an application submitted under sub. (7) and any document submitted with the application is true and complete to the best of his or her knowledge.

SB214-SSA2,24,3 (7) Submission of application. An individual may apply for a license under this section with any sheriff. An applicant shall submit all of the following to the sheriff through whom he or she is applying for a license:

SB214-SSA2,24,5 (a) An application in the form prescribed under sub. (5) that has been sworn to as required under sub. (6).

SB214-SSA2,24,8 (bd) A license fee set by the sheriff issuing the license that does not exceed either the cost to the sheriff of issuing a license to an individual under this section, including the cost of equipment purchase or rental, or $75, whichever is less.

SB214-SSA2,24,9 (bh) The fee for a background check specified in sub. (9g) (c).

SB214-SSA2,24,10 (bp) A shooting range improvement fee of $15.

SB214-SSA2,24,11 (bt) A law enforcement excellence fund fee of $15.

SB214-SSA2,24,13 (d) A photocopy of a certificate or other evidence showing the applicant's qualifications under sub. (3) (h).

SB214-SSA2,24,15 (e) A full-face photograph of the applicant taken within the 30-day period immediately preceding the date of the applicant's application.

SB214-SSA2,24,18 (9) Processing of application. (a) Upon receiving an application submitted under sub. (7), a sheriff shall request that the department conduct a background check, as provided under sub. (9g).

SB214-SSA2,24,20 (b) Subject to par. (c), within 30 days after receiving an application under sub. (7), a sheriff shall do one of the following:

SB214-SSA2,24,22 1. Issue the license and promptly send the licensee his or her license document by 1st class mail.

SB214-SSA2,25,2 2. Deny the application, but only if the applicant fails to qualify under the criteria specified in sub. (3). If the sheriff denies the application, he or she shall inform the applicant in writing, stating the reason and factual basis for the denial to the extent permitted under federal law.

SB214-SSA2,25,8 (c) Except as provided in sub. (9r) or (10), a sheriff may not issue a license until 7 days, subject to extension under sub. (9g) (b) 3. c., have elapsed from the time that the sheriff has received a confirmation number regarding the background check under sub. (9g) (b) 1. from the department, unless the department has notified the sheriff that the background check does not indicate that the applicant is disqualified for a license under sub. (3) (c), (d), (e), (f), (g), (i), (im), (j), (k), (L), (m), (n), (o), or (r).

SB214-SSA2,25,12 (9g) Background checks. (a) A sheriff shall request that the department conduct a background check by calling the department, using a toll-free telephone number provided by the department, and providing the department with the name, date of birth, gender, and race of the applicant.

SB214-SSA2,25,14 (b) Upon receiving a request under par. (a), the department shall conduct a background check using the following procedure:

SB214-SSA2,25,16 1. The department shall provide the sheriff with a confirmation number confirming the receipt of the information under par. (a).

SB214-SSA2,25,20 2. The department shall conduct the background check regarding an applicant for a license under this section. In conducting a background check under this subdivision, the department shall use the transaction information for management of enforcement system and the national crime information center system.

SB214-SSA2,25,23 3. The department shall notify the sheriff, either during the initial telephone call or as soon thereafter as practicable, of the results of the background check as follows:

SB214-SSA2,26,3 a. If the background check indicates that the applicant does not qualify for a license under sub. (3) (c), (d), (e), (f), (g), (i), (im), (j), (k), (L), (m), (n), (o), or (r), the department shall provide the sheriff with a unique nonapproval number. The department shall disclose to the sheriff the reason the applicant does not qualify for a license under sub. (3) (c), (d), (e), (f), (g), (i), (im), (j), (k), (L), (m), (n), (o), or (r).

SB214-SSA2,26,7 b. If the completed background check does not indicate that the applicant is disqualified for a license under sub. (3) (c), (d), (e), (f), (g), (i), (im), (j), (k), (L), (m), (n), (o), or (r), the department shall provide the sheriff with a unique approval number.

SB214-SSA2,26,16 c. If the background check indicates that the applicant was the subject of a relevant criminal charge for which there is no recorded disposition or if, in the case of a misdemeanor delinquency adjudication, the background check does not indicate how long the resultant dispositional order was in effect, and the 7-day time period described in sub. (9) (c) has not yet run, that time period is extended by 72 hours. The department shall notify the sheriff of the extension as soon as practicable. During the extended period, the department shall make all reasonable efforts to obtain the missing information and shall notify the sheriff of the results of its efforts as soon as practicable.

SB214-SSA2,26,20 (bm) The department shall conduct the background check under par. (b) immediately if, when requesting it under par. (a), the sheriff informs the department that the background check is for an applicant for an emergency license under sub. (9r).

SB214-SSA2,26,25 (c) The department shall charge a sheriff a fee of $8 for each background check that the sheriff requests under par. (a), except that the department shall waive the fee if, when requesting the background check, the sheriff informs the department that the fee is being waived under sub. (9r) (c). The sheriff shall collect the fee from the applicant unless the fee is waived under sub. (9r) (c).

SB214-SSA2,27,5 (d) A sheriff shall maintain the original record of all completed application forms and a record of all confirmation numbers and corresponding approval or nonapproval numbers that he or she receives regarding background checks under this subsection. The sheriff shall mail a duplicate copy of each completed application form to the department.

SB214-SSA2,27,18 (e) 1. The department shall check each duplicate application form received under par. (d) against the information recorded by the department regarding the corresponding request for a background check under this subsection. If the department previously provided a unique approval number regarding the request and nothing in the duplicate completed application form indicates that the applicant is not qualified for a license under sub. (3) (c), (d), (e), (f), (g), (i), (im), (j), (k), (L), (m), (n), (o), or (r), the department shall, except as provided in subd. 2., destroy all records regarding that background check within 30 days after receiving the duplicate form. If the department previously provided a unique approval number regarding the request and the duplicate completed application form indicates that the applicant is not qualified for a license under sub. (3) (c), (d), (e), (f), (g), (i), (im), (j), (k), (L), (m), (n), (o), or (r), the department shall immediately notify the sheriff who issued the license, and the sheriff shall revoke the license.

SB214-SSA2,27,23 2. The department may maintain records necessary to administer this subsection and, for a period of not more than 3 years after the department issues a unique approval number, a log of dates of requests for background checks under this subsection together with confirmation numbers and unique approval and nonapproval numbers corresponding to those dates.

SB214-SSA2,28,3 (f) The department shall promulgate rules authorizing it to obtain records necessary to determine an applicant's eligibility under sub. (3) (e), (g) 1., (i), (im), and (j) for a license issued under this section. The department may not disclose information that it obtains under rules issued under this paragraph except to a sheriff under par. (b) 3. or sub. (9r) (b) 2. or (11) (d) 3.

SB214-SSA2,28,11 (9r) Emergency license. (a) Unless the sheriff knows that the person is not qualified for a license under sub. (3) (a) to (g) or (i) to (s), a sheriff may issue a license under this section to an individual who does not satisfy the requirements under sub. (3) (h) without regard for the waiting period under sub. (9) (c) if the sheriff determines that immediate licensure is warranted to protect the individual from death or great bodily harm, as defined in s. 939.22 (14). A sheriff who issues a license under this paragraph shall notify the department and request an immediate background check under sub. (9g).

SB214-SSA2,28,13 (b) 1. Except as provided in subd. 2. and par. (d), a license issued under par. (a) is valid for 120 days from the date on which it is issued and may not be renewed.

SB214-SSA2,28,16 2. If the department notifies the sheriff that an individual to whom the sheriff has issued a license under par. (a) does not qualify for a license under sub. (3) (c), (d), (e), (f), (g), (i), (im), (j), (k), (L), (m), (n), (o), or (r), the sheriff shall revoke the license.

SB214-SSA2,28,20 (c) A sheriff may waive the fees that would otherwise be required under subs. (7) (bd), (bh), (bp), and (bt) and (9g) (c) for an individual who is applying for a license under par. (a) if requiring the individual to pay the fees would create a hardship for the individual.