LRBa1612/1
MGD/CMH/RLR:all:jf
2005 - 2006 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2005 ASSEMBLY BILL 763
November 30, 2005 - Offered by
Joint Committee on Finance.
AB763-ASA1-AA1,2,2
7165.60 Law enforcement. The department of justice is authorized to enforce
8ss. 101.123 (2), (5), and (8),
175.50 (17) (c), (d), and (e), 944.30, 944.31, 944.33, 944.34,
9945.02 (2), 945.03 (1m), and 945.04 (1m) and is invested with the powers conferred
10by law upon sheriffs and municipal police officers in the performance of those duties.
11This section does not deprive or relieve sheriffs, constables, and other local police
1officers of the power and duty to enforce those sections, and those officers shall
2likewise enforce those sections.".
AB763-ASA1-AA1,2,16
13"
(3) Unless sub. (2) (a), (b), (c), or (d) applies, if a Wisconsin law enforcement
14agency does not issue photographic identification cards to its officers, it shall issue
15such a card to an officer formerly employed by that agency upon the former officer's
16request and at his or her expense.".
AB763-ASA1-AA1,2,19
19"(bv) "Law enforcement agency" does not include the department.".
AB763-ASA1-AA1,2,22
22"(er) "Motor vehicle" has the meaning given in s. 340.01 (35).".
AB763-ASA1-AA1,3,10
8"(mm) The individual has not been convicted of a misdemeanor violation of s.
9940.32, 1999 stats., or a misdemeanor violation of a federal law or a law of another
10state that is comparable to s. 940.32.".
AB763-ASA1-AA1,4,21
14"
(12) Maintenance, use, and publication of records by the department. (a)
15The department shall maintain a computerized record listing the names and the
16information specified in sub. (2m) (b) of all individuals who have been issued a license
17under this section. Except as provided in par. (b) 1. and subject to par. (b) 2., neither
18the department nor any employee of the department may store, maintain, format,
19sort, or access the information in any way other than by the names, dates of birth,
20or sex of licensees or by the identification numbers assigned to licensees under sub.
21(2m) (b) 6.
AB763-ASA1-AA1,5,3
1(b) 1. A law enforcement officer who is employed by the department may obtain
2information regarding a licensee from the department of transportation under s.
3341.175 (4).
AB763-ASA1-AA1,5,64
2. A law enforcement officer who is employed by the department may not
5request or be provided information maintained by the department under par. (a)
6concerning a specific licensee except for one of the following purposes:
AB763-ASA1-AA1,5,87
a. To confirm that a license produced by an individual at the request of a law
8enforcement officer is valid.
AB763-ASA1-AA1,5,119
b. To confirm that an individual holds a valid license under this section, if the
10individual is going armed with a concealed weapon but is not carrying his or her
11license document and claims to hold a valid license issued under this section.
AB763-ASA1-AA1,5,1512
c. To investigate whether an individual submitted an intentionally false
13notarized statement under sub. (7) (b) or (15) (b) 2., intentionally violated sub. (11)
14(b) 1., or intentionally made a false statement to the department in connection with
15the individual's request for an emergency license under sub. (9r).
AB763-ASA1-AA1,5,1716
d. To investigate whether an individual complied with sub. (11) (b) 1. or (14) (b)
172.
AB763-ASA1-AA1,5,2118
(c) Notwithstanding s. 19.35, neither the department nor any department
19employee may make information obtained under this section available to the public
20except in the context of a prosecution for an offense in which the person's status as
21a licensee is relevant or through a report created under sub. (19).
AB763-ASA1-AA1,5,25
22(12g) Providing licensee information to law enforcement agencies. (a) The
23department shall provide information concerning a specific licensee to a law
24enforcement agency, but only if the law enforcement agency is requesting the
25information for any of the following purposes:
AB763-ASA1-AA1,6,2
11. To confirm that a license produced by an individual at the request of a law
2enforcement officer is valid.
AB763-ASA1-AA1,6,53
2. To confirm that an individual holds a valid license under this section, if the
4individual is going armed with a concealed weapon but is not carrying his or her
5license document and claims to hold a valid license issued under this section.
AB763-ASA1-AA1,6,96
3. To investigate whether an individual submitted an intentionally false
7notarized statement under sub. (7) (b) or (15) (b) 2., intentionally violated sub. (11)
8(b) 1., or intentionally made a false statement to the department in connection with
9the individual's request for an emergency license under sub. (9r).
AB763-ASA1-AA1,6,1410
(b) 1. Notwithstanding s. 19.35, neither a law enforcement agency nor any of
11its employees may make information regarding an individual that was obtained from
12the department under this subsection or from the department of transportation
13under s. 341.175 available to the public except in the context of a prosecution for an
14offense in which the person's status as a licensee is relevant.
AB763-ASA1-AA1,6,1815
2. Neither a law enforcement agency nor any of its employees may store or
16maintain information regarding an individual that was obtained from the
17department under this subsection or from the department of transportation under
18s. 341.175 based on the individual's status as a licensee.
