Amendment ASA2-AB763

AB763-ASA2,9,10 175.35 (1) (am) "Disqualifying mental health adjudication" means one of the following events if it occurs in a proceeding that was not commenced by the person who is the subject of the proceeding and if it is based on the person having markedly subnormal intelligence or the person's mental illness, incompetency, condition, or disease:

AB763-ASA2,9,12 1. An order entered by a court in this state that commits a person for treatment in an inpatient mental health facility.

AB763-ASA2,9,15 2. A determination by a court in this state that a person is a danger to himself or herself or others under s. 51.20 (1) (a) 2. or lacks the mental capacity to contract or manage his or her own affairs.

AB763-ASA2, s. 31 Section 31. 175.35 (1) (at) of the statutes is amended to read:

AB763-ASA2,9,25 175.35 (1) (at) "Firearms restrictions record search" means a search of department of justice records to determine whether a person seeking to purchase a handgun is prohibited from possessing a firearm under s. 941.29 or based on a disqualifying mental health adjudication. "Firearms restriction record search" includes a criminal history record search, a search to determine whether a person is prohibited from possessing a firearm under s. 51.20 (13) (cv), a search to determine whether the person is subject to an injunction under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under s. 941.29 and that has been filed with the circuit court under s. 806.247 (3), and a search to determine whether the person is prohibited from possessing a firearm under s. 813.125 (4m).

AB763-ASA2, s. 32 Section 32. 175.35 (2) (d) of the statutes is amended to read:

AB763-ASA2,10,11 175.35 (2) (d) Forty-eight hours, subject to extension under sub. (2g) (c) 4. c., have elapsed from the time that the firearms dealer has received a confirmation number regarding the firearms restrictions record search under sub. (2g) (c) from the department of justice and the firearms dealer has not been notified that the transfer would be in violation of s. 941.29 or that the transferee would be prohibited from possessing a firearm based on a disqualifying mental health adjudication.

AB763-ASA2, s. 33 Section 33. 175.35 (2g) (c) 4. a. and b. of the statutes are amended to read:

AB763-ASA2,10,17 175.35 (2g) (c) 4. a. If the search indicates that the transferee is prohibited from possessing a firearm under s. 941.29 or based on a disqualifying mental health adjudication, the department shall provide the firearms dealer with a unique nonapproval number. The department may not disclose to the firearms dealer the reason the transferee is prohibited from possessing a firearm under s. 941.29.

AB763-ASA2,10,20 b. If the search indicates that the transferee is not prohibited from possessing a firearm under s. 941.29 or based on a disqualifying mental health adjudication, the department shall provide the firearms dealer with a unique approval number.

AB763-ASA2, s. 34 Section 34. 175.35 (2k) (ar) 2. of the statutes is amended to read:

AB763-ASA2,11,4 175.35 (2k) (ar) 2. Check each duplicate notification form received under sub. (2j) against the information recorded by the department regarding the corresponding request for a firearms restrictions record search under sub. (2g). If the department previously provided a unique approval number regarding the request and nothing in the duplicate completed notification form indicates that the transferee is prohibited from possessing a firearm under s. 941.29 or based on a disqualifying mental health adjudication, the department shall destroy all records regarding that firearms restrictions record search within 30 days after receiving the duplicate form.

AB763-ASA2, s. 35 Section 35. 175.48 of the statutes is created to read:

AB763-ASA2,11,7 175.48 Law enforcement officer identification cards. (1) In this section, "Wisconsin law enforcement agency" has the meaning given in s. 175.46 (1) (f).

AB763-ASA2,11,10 (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 upon retirement unless one of the following applies:

AB763-ASA2,11,11 (a) The officer may not lawfully possess a firearm under federal law.

AB763-ASA2,11,13 (b) The officer did not retire in good standing from service as a law enforcement officer with the agency or retired as a result of mental instability.

AB763-ASA2,11,18 (c) The officer was regularly employed as a law enforcement officer for an aggregate of less than 15 years. This paragraph does not apply if the officer, after completing any applicable probationary period of service with the agency, retired from service with the agency due to a service-connected disability, as determined by the agency.

AB763-ASA2,11,20 (d) The officer does not have a nonforfeitable right to benefits under the agency's retirement plan.

AB763-ASA2,11,24 (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 formerly employed by that agency upon the former officer's request and at his or her expense.

AB763-ASA2, s. 36 Section 36. 175.49 of the statutes is created to read:

AB763-ASA2,12,2 175.49 Retired law enforcement officers seeking to carry concealed weapons. (1) Definitions. In this section:

AB763-ASA2,12,3 (a) "Department" means the department of justice.

AB763-ASA2,12,5 (b) "Former employer" means a law enforcement agency that employed a retired law enforcement officer immediately before his or her retirement.

AB763-ASA2,12,10 (c) "Law enforcement officer" means a person who is employed by a public agency in the United States for the purpose of engaging in, or supervising others engaging in, the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law and who has statutory powers of arrest.

AB763-ASA2,12,14 (2) Issuance of certification. Subject to sub. (3), the department shall issue and provide a retired law enforcement officer, upon request and at his or her own expense, an identification card that contains the information specified in sub. (4) (b) and that certifies all of the following:

AB763-ASA2,12,17 (a) That the department has found that the retired officer has met the standards established by this state for training and qualification for active duty law enforcement officers to carry firearms.

AB763-ASA2,12,18 (b) The date on which the department made the finding under par. (a).

AB763-ASA2,12,21 (c) That, as a result of the finding under par. (a), the retired officer is qualified to carry any concealed firearm other than a machine gun or a firearm bearing a silencer.

AB763-ASA2,12,24 (3) Prerequisites for department action. (a) Subsection (2) does not apply with respect to a person requesting an identification card unless all of the following apply:

AB763-ASA2,13,2 1. The person retired in good standing from service as a law enforcement officer for reasons other than mental instability.

AB763-ASA2,13,3 2. At least one of the following applies:

AB763-ASA2,13,5 a. Before retiring, the person was regularly employed as a law enforcement officer for an aggregate of 15 years or more.

AB763-ASA2,13,8 b. The person completed any applicable probationary period of service with his or her former employer and retired from service due to a service-connected disability, as determined his or her former employer.

AB763-ASA2,13,10 3. The person has a nonforfeitable right to benefits under his or her former employer's retirement plan.

AB763-ASA2,13,13 4. The department determines that its records do not indicate that the person is prohibited from possessing a firearm under federal law or is a person specified in s. 941.29 (1) (a), (b), (bm), (c), (d), (e), or (g).

AB763-ASA2,13,14 5. The person is a resident of this state.

AB763-ASA2,13,17 (b) The department may require a person to sign appropriate consents for release of information to enable it to confirm that he or she meets all of the prerequisites under this subsection for the department to act under sub. (2).

AB763-ASA2,13,21 (c) In addition to other fees authorized under sub. (2), the department may require a person to pay a fee, not to exceed the department's costs, for verifying his or her employment history or retirement plan status under par. (a) 1. to 3. or making a determination under par. (a) 4.

AB763-ASA2,14,2 (4) Contents of identification card. (a) Subject to pars. (b), (c), and (d), the department shall design a single document for identification cards issued under this section. The department shall complete the design of the identification card document no later than the first day of the 2nd month beginning after the effective date of this paragraph .... [revisor inserts date].

AB763-ASA2,14,4 (b) In addition to the information certified under sub. (2), an identification card issued under this section shall contain all of the following on one side:

AB763-ASA2,14,5 1. The full name, date of birth, and residence address of the retired officer.

AB763-ASA2,14,7 2. A physical description of the retired officer, including sex, height, weight, and hair and eye color.

AB763-ASA2,14,8 3. The name of this state.

AB763-ASA2,14,10 (c) An identification card may not contain the retired officer's social security number.

AB763-ASA2,14,14 (d) An identification card issued under this section shall be, to the maximum extent possible, tamper proof. The contents of the identification card 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 in that document.

AB763-ASA2, s. 37 Section 37. 175.50 of the statutes is created to read:

AB763-ASA2,14,17 175.50 License to carry a concealed weapon. (1) Definitions. In this section:

AB763-ASA2,14,18 (ab) "Alcohol beverages" has the meaning given in s. 125.02 (1).

AB763-ASA2,14,19 (abm) "Alcohol concentration" has the meaning given in s. 340.01 (1v).

AB763-ASA2,14,22 (ac) "Background check" means a search of department and court records conducted under sub. (9g) to determine a person's eligibility for a license to carry a concealed weapon.

AB763-ASA2,14,23 (ag) Except in subs. (2g) (b) and (12g) (a) 2., "carry" means to go armed with.

AB763-ASA2,14,25 (ah) "Controlled substance" means a controlled substance, as defined in s. 961.01 (4), or a controlled substance analog, as defined in s. 961.01 (4m).

AB763-ASA2,15,1 (aj) "Department" means the department of justice.

AB763-ASA2,15,2 (am) "Drunk driving offense" means any of the following:

AB763-ASA2,15,3 1. A violation of s. 346.63 or a local ordinance in conformity with that section.

AB763-ASA2,15,5 2. A violation of a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63.

AB763-ASA2,15,11 3. A violation of the law of another jurisdiction, as defined in s. 340.01 (41m), that prohibits use of a motor vehicle while intoxicated, while under the influence of a controlled substance, a controlled substance analog, or a combination thereof, with an excess or specified range of alcohol concentration, or while under the influence of any drug to a degree that renders the person incapable of safely driving, as those or substantially similar terms are used in that jurisdiction's laws.

AB763-ASA2,15,16 (bm) "Handgun" means any weapon designed or redesigned, or made or remade, and intended to be fired while held in one hand and to use the energy of an explosive to expel a projectile through a smooth or rifled bore. "Handgun" does not include a machine gun, as defined in s. 941.27 (1), a short-barreled rifle, as defined in s. 941.28 (1) (b), or a short-barreled shotgun, as defined in s. 941.28 (1) (c).

AB763-ASA2,15,18 (bq) "Intoxicant" means any alcohol beverage, controlled substance, or other drug, or any combination thereof.

AB763-ASA2,15,19 (bv) "Law enforcement agency" does not include the department.

AB763-ASA2,15,20 (c) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).

AB763-ASA2,15,22 (d) "Licensee" means an individual holding a valid license to carry a concealed weapon issued under this section.

AB763-ASA2,15,23 (e) "Misdemeanor crime of violence" means any of the following:

AB763-ASA2,15,25 1. A misdemeanor violation of chs. 940, 941, or 948 or of s. 947.013 or a violation of s. 947.01 or of sub. (2k) (e) or (16) (cm) 1.

AB763-ASA2,16,2 2. A crime under federal law or the law of another state that is comparable to a crime described in subd. 1.

AB763-ASA2,16,4 (eg) "Misdemeanor delinquency adjudication" means a finding that a juvenile is delinquent for an act that would be a misdemeanor if committed by an adult.

AB763-ASA2,16,5 (er) "Motor vehicle" has the meaning given in s. 340.01 (35).

AB763-ASA2,16,7 (f) "Out-of-state authorization" means a valid permit document or a valid license document issued by another state if all of the following apply:

AB763-ASA2,16,9 1. The permit document or license document documents that a person is authorized under the law of that state to carry a concealed weapon in that state.

AB763-ASA2,16,11 2. The state is listed in the rule promulgated by the department under s. 165.25 (11).

AB763-ASA2,16,16 (g) "Out-of-state licensee" means an individual who is 21 years of age or over, who is not a Wisconsin resident, who has been issued an out-of-state authorization, and who is not prohibited from possessing a firearm under s. 941.29 or from possessing a firearm that has been transported in interstate or foreign commerce under federal law.

AB763-ASA2,16,18 (gm) "Photo identification card" means an operator's license issued under ch. 343 or an identification card issued under s. 343.50.

AB763-ASA2,16,19 (h) "Private property" has the meaning given in s. 943.13 (1e) (e).

AB763-ASA2,16,21 (i) "Proprietor" means a person to whom a Class "B" or "Class B" license or permit has been issued under ch. 125.

AB763-ASA2,16,24 (ig) "Purpose of authorized analysis" means for the purpose of determining or obtaining evidence of the presence, quantity, or concentration of any intoxicant in a person's blood, breath, or urine.

AB763-ASA2,17,4 (im) "State identification card number" means the unique identifying driver number assigned to a person by the department of transportation under s. 343.17 (3) (a) 4. or, if the person presents, under sub. (6), an identification card issued under s. 343.50, the number assigned to the person on that identification card.

AB763-ASA2,17,6 (is) "Test facility" means a test facility or agency prepared to administer tests under s. 343.305 (2).

AB763-ASA2,17,8 (j) "Weapon" means a handgun, an electric weapon, as defined in s. 941.295 (4), a knife other than a switchblade knife under s. 941.24, or a billy club.

AB763-ASA2,17,13 (2) Issuance of license. The department shall issue licenses to carry a concealed weapon to an individual who meets the qualifications specified in sub. (3) and who completes the application process specified in sub. (7). A license to carry a concealed weapon issued under this section shall meet the requirements specified in sub. (2m).

AB763-ASA2,17,17 (2g) Carrying a concealed weapon; carrying and display of license document or authorization. (a) A licensee or an out-of-state licensee may carry a concealed weapon anywhere in this state except as provided under sub. (15m) or (16) or s. 941.20 (1) (b) or 943.13 (1m) (c).

AB763-ASA2,17,20 (b) A licensee shall carry his or her license document and photo identification card and an out-of-state licensee shall carry his or her out-of-state authorization at all times during which he or she is going armed with a concealed weapon.

AB763-ASA2,17,24 (c) If he or she is carrying a concealed weapon, a licensee shall display his or her license document and photo identification card and an out-of-state licensee shall display his or her out-of-state authorization to a law enforcement officer upon the request of the law enforcement officer.

AB763-ASA2,18,5 (2i) Preliminary breath screening test. (a) Requirement. A person shall provide a sample of his or her breath for a preliminary breath screening test if a law enforcement officer has probable cause to believe that the person is violating sub. (16) (cm) 1. and if, prior to an arrest, the law enforcement officer requested that the person provide this sample.

AB763-ASA2,18,10 (b) Use of test results. A law enforcement officer may use the results of a preliminary breath screening test for the purpose of deciding whether or not to arrest a person for a violation of sub. (16) (cm) 1. or for the purpose of deciding whether or not to request a chemical test under sub. (2k). Following the preliminary breath screening test, chemical tests may be required of the person under sub. (2k).

AB763-ASA2,18,14 (c) Admissibility. The result of a preliminary breath screening test is not admissible in any action or proceeding except to show probable cause for an arrest, if the arrest is challenged, or to show that a chemical test was properly required of a person under sub. (2k).

AB763-ASA2,18,16 (d) Refusal. There is no penalty for a violation of par. (a). Neither sub. (17) (b) nor the general penalty provision under s. 939.61 applies to that violation.

AB763-ASA2,18,22 (2j) Implied consent. Any person who carries a concealed weapon in this state is deemed to have given consent to provide one or more samples of his or her breath, blood, or urine for the purpose of authorized analysis as required under sub. (2k). Any person who carries a concealed weapon in this state is deemed to have given consent to submit to one or more chemical tests of his or her breath, blood, or urine for the purpose of authorized analysis as required under sub. (2k).

AB763-ASA2,19,5 (2k) Chemical tests. (a) Requirement. 1. `Samples; submission to tests.' A person shall provide one or more samples of his or her breath, blood, or urine for the purpose of authorized analysis if he or she is arrested for a violation of sub. (16) (cm) 1. and if he or she is requested to provide the sample by a law enforcement officer. A person shall submit to one or more chemical tests of his or her breath, blood, or urine for the purpose of authorized analysis if he or she is arrested for a violation of sub. (16) (cm) 1. and if he or she is requested to submit to the test by a law enforcement officer.