LRBs0212/1
MGD&CMH:kmg&jld:ch
2003 - 2004 LEGISLATURE
SENATE SUBSTITUTE AMENDMENT 3,
TO 2003 SENATE BILL 214
October 23, 2003 - Offered by Senator Carpenter.
SB214-SSA3,1,10
1An Act to renumber and amend 29.091, 29.621 (4), 941.23 and 941.235 (2);
to
2amend 23.33 (3) (e), 29.089 (2), 51.20 (13) (cv) 4., 51.20 (16) (gm), 51.30 (3) (a),
3165.82 (1) (intro.), 165.82 (2), 440.26 (3m), 813.12 (6) (am) 1., 813.12 (6) (am) 2.,
4813.122 (9) (am) 1., 813.122 (9) (am) 2., 813.125 (5r) (a), 813.125 (5r) (b), 938.396
5(8) and 941.295 (2) (d); and
to create 29.091 (2), 29.621 (4) (b), 55.06 (17) (bm),
659.25 (3) (u), 167.31 (4) (ar), 175.50, 938.396 (8m), 941.23 (1) (a), 941.23 (1) (b),
7941.23 (1) (c), 941.23 (2), 941.235 (2) (c), 941.237 (3) (ct), 941.295 (2g), 941.295
8(2r), 946.32 (3), 948.605 (2) (c) and 948.61 (3m) of the statutes;
relating to:
9carrying or going armed with a concealed weapon, requiring the exercise of
10rule-making authority, and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB214-SSA3,2,4
123.33
(3) (e) With any firearm in his or her possession unless it is unloaded and
2enclosed in a carrying case
, or. This paragraph does not apply to the possession of
3a handgun, as defined in s. 175.50 (1) (bm), by a person who holds a valid license to
4carry a concealed weapon issued under s. 175.50.
SB214-SSA3,2,5
5(em) With any bow unless it is unstrung or enclosed in a carrying case.
SB214-SSA3,2,127
29.089
(2) Except as provided in sub. (3), no person may have in his or her
8possession or under his or her control a firearm on land located in state parks or state
9fish hatcheries unless the firearm is unloaded and enclosed within a carrying case.
10This subsection does not apply if the firearm is a handgun, as defined in s. 175.50 (1)
11(bm), and the person holds a valid license to carry a concealed weapon issued under
12s. 175.50.
SB214-SSA3, s. 3
13Section
3. 29.091 of the statutes is renumbered 29.091 (1) and amended to
14read:
SB214-SSA3,2,2215
29.091
(1) No person may hunt or trap within any wildlife refuge established
16under s. 23.09 (2) (b) or 29.621
(1), or
, except as provided in sub. (2), have possession
17or control of any gun, firearm, bow or crossbow unless the gun or firearm is unloaded,
18the bow or crossbow is unstrung and the gun, firearm, bow or crossbow is enclosed
19within a carrying case. The taking of predatory game birds and animals shall be done
20as the department directs. All state wildlife refuge boundary lines shall be marked
21by posts placed at intervals of not over 500 feet and bearing signs with the words
22"Wisconsin Wildlife Refuge".
SB214-SSA3,3,224
29.091
(2) The prohibition of the possession or control of a loaded or unencased
25gun or firearm in sub. (1) does not apply to the possession of a handgun, as defined
1in s. 175.50 (1) (bm), by a person who holds a valid license to carry a concealed weapon
2issued under s. 175.50.
SB214-SSA3, s. 5
3Section
5. 29.621 (4) of the statutes is renumbered 29.621 (4) (a) and amended
4to read:
SB214-SSA3,3,115
29.621
(4) (a) Except as provided in s. 29.091
(1), no owner of a wildlife refuge,
6and no other person, may hunt or trap within the boundaries of any wildlife refuge
7or
, except as provided in par. (b), have in his or her possession or under his or her
8control in the wildlife refuge a gun, firearm, bow or crossbow, unless the gun or
9firearm is unloaded, the bow or crossbow is unstrung and the gun, firearm, bow or
10crossbow is enclosed within a carrying case. Nothing in this section may prohibit,
11prevent or interfere with the department in the destruction of injurious animals.
SB214-SSA3, s. 6
12Section
6. 29.621 (4) (b) of the statutes is created to read:
SB214-SSA3,3,1613
29.621
(4) (b) The prohibition of the possession or control of a loaded or
14unencased gun or firearm in par. (a) does not apply to the possession of a handgun,
15as defined in s. 175.50 (1) (bm), by a person who holds a valid license to carry a
16concealed weapon issued under s. 175.50.
SB214-SSA3, s. 7
17Section
7. 51.20 (13) (cv) 4. of the statutes is amended to read:
SB214-SSA3,4,318
51.20
(13) (cv) 4. If the court prohibits a subject individual from possessing a
19firearm under subd. 1. or cancels a prohibition under subd. 2., the court clerk shall
20notify the department of justice of that fact and provide any information identifying
21the subject individual that is necessary to permit an accurate involuntary
22commitment history record search under s. 175.35 (2g) (c)
or a background check
23under s. 175.50 (9g) (b). No other information from the subject individual's court
24records may be disclosed to the department of justice except by order of the court.
25The department of justice may disclose information provided under this subdivision
1only as part of an involuntary commitment history record search under s. 175.35 (2g)
2(c)
or a background check under s. 175.50 (9g) (b) or to a sheriff under s. 175.50 (9g)
3(b) 3. a. or c. or (e) 1., (9r) (b) 2., or (11) (d) 3.
SB214-SSA3, s. 8
4Section
8. 51.20 (16) (gm) of the statutes is amended to read:
SB214-SSA3,4,155
51.20
(16) (gm) Upon a request under par. (a), a court may cancel the
6prohibition under sub. (13) (cv) 1. if the court determines, based on evidence
7presented on the issue of the subject individual's dangerousness, that there no longer
8is a substantial probability that the individual may use a firearm to cause physical
9harm to himself or herself or endanger public safety. If a court cancels a prohibition
10under sub. (13) (cv) 1. under this paragraph, the court clerk shall notify the
11department of justice of that fact and provide any information identifying the subject
12individual that is necessary to permit an accurate involuntary commitment record
13search under s. 175.35 (2g) (c)
or a background check under s. 175.50 (9g) (b). No
14other information from the subject individual's court records may be disclosed to the
15department of justice except by order of the court.
SB214-SSA3,4,2017
51.30
(3) (a) Except as provided in pars. (b) and (c)
and s. 175.50 (11) (d) 2. g.
18and 3., the files and records of the court proceedings under this chapter shall be
19closed but shall be accessible to any individual who is the subject of a petition filed
20under this chapter.
SB214-SSA3,4,2522
55.06
(17) (bm) Paragraph (a) does not apply to a clerk, as defined in s. 175.50
23(11) (d) 1., providing notice to the department of justice under s. 175.50 (11) (d) 2. h.
24of a finding of incompetency under ch. 880 or to the department of justice informing
25a sheriff under s. 175.50 (11) (d) 3. of such a finding made with respect to a licensee.
SB214-SSA3,5,42
59.25
(3) (u) 1. Subject to the terms of an agreement under s. 175.50 (2) (c),
3deposit all moneys received under s. 175.50 (7) (bd) and (bp), (13), and (15) (b) 4. a.
4and c. and (d) 1. in the general fund of the county.
SB214-SSA3,5,65
2. Forward all moneys received under s. 175.50 (7) (bh) and (15) (b) 4. b. to the
6state treasurer for deposit in the general fund.
SB214-SSA3,5,107
4. Subject to the terms of an agreement under s. 175.50 (2) (c), deposit all
8moneys received from payments made under s. 175.50 (7) (bt) and (15) (b) 4. d. in the
9law enforcement excellence fund established under s. 175.50 (20) and make
10payments from the fund for the purposes of s. 175.50 (20) (b).
SB214-SSA3,5,1513
165.82
(1) (intro.) Notwithstanding s. 19.35 (3), the department of justice shall
14impose the following fees, plus any surcharge required under sub. (1m), for criminal
15history searches for purposes unrelated to criminal justice or to s. 175.35
or 175.50:
SB214-SSA3,5,1917
165.82
(2) Except as provided in
s.
ss. 175.35
and 175.50, the department of
18justice shall not impose fees for criminal history searches for purposes related to
19criminal justice.
SB214-SSA3,5,2421
167.31
(4) (ar) Subsections (2) (a), (b), and (c) and (3) (a) and (b) do not apply
22to the placement, possession, transportation, or loading of a handgun, as defined in
23s. 175.50 (1) (bm), by a person who holds a valid license to carry a concealed weapon
24issued under s. 175.50.
SB214-SSA3,6,2
1175.50 License to carry a concealed weapon. (1) Definitions. In this
2section:
SB214-SSA3,6,63
(ac) "Background check" means a search of department records, along with any
4follow-up undertaken by the department under sub. (9g) (b) 3. c., to determine
5whether a person is ineligible under sub. (3) (c), (d), (f), (g) 2. or 3., (k), (L), (m), (n),
6(o), or (r) for a license to carry a concealed weapon.
SB214-SSA3,6,77
(ag) Except in subs. (2g) (b) and (11) (c) 2., "carry" means to go armed with.
SB214-SSA3,6,88
(aj) "Department" means the department of justice.
SB214-SSA3,6,99
(am) "Drunk driving offense" means any of the following:
SB214-SSA3,6,1010
1. A violation of s. 346.63 or a local ordinance in conformity with that section.
SB214-SSA3,6,1211
2. A violation of a law of a federally recognized American Indian tribe or band
12in this state in conformity with s. 346.63.
SB214-SSA3,6,1813
3. A violation of the law of another jurisdiction, as defined in s. 340.01 (41m),
14that prohibits use of a motor vehicle while intoxicated, while under the influence of
15a controlled substance, a controlled substance analog, or a combination thereof, with
16an excess or specified range of alcohol concentration, or while under the influence of
17any drug to a degree that renders the person incapable of safely driving, as those or
18substantially similar terms are used in that jurisdiction's laws.
SB214-SSA3,6,2319
(bm) "Handgun" means any weapon designed or redesigned, or made or
20remade, and intended to be fired while held in one hand and to use the energy of an
21explosive to expel a projectile through a smooth or rifled bore. "Handgun" does not
22include a machine gun, as defined in s. 941.27 (1), a short-barreled rifle, as defined
23in s. 941.28 (1) (b), or a short-barreled shotgun, as defined in s. 941.28 (1) (c).
SB214-SSA3,6,2424
(c) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).
SB214-SSA3,7,2
1(d) "Licensee" means an individual holding a valid license to carry a concealed
2weapon issued under this section.
SB214-SSA3,7,33
(e) "Misdemeanor crime of violence" means any of the following:
