Amendment SSA2-SB403

SB403-SSA2,44,23 7. Any premises for which a Class "B" or "Class B" license or permit has been issued under ch. 125, unless one of the following applies:

SB403-SSA2,44,25 a. The licensee or the out-of-state licensee is a person described in s. 941.237 (3) (a), (b), (c), (cm), or (d).

SB403-SSA2,45,2 b. If the licensee or the out-of-state licensee is carrying a handgun, his or her possession of the handgun is described in s. 941.237 (3) (e), (f), (g), (h), (i), or (j).

SB403-SSA2,45,5 c. The sale of intoxicating liquors or fermented malt beverages or both on those premises accounts for not more than 50 percent of the proprietor's annual gross receipts from those premises.

SB403-SSA2,45,7 8. A security checkpoint or a place beyond a security checkpoint in an airport, unless the weapon is encased for shipment as baggage to be transported by aircraft.

SB403-SSA2,45,8 9. A place in which carrying the weapon is prohibited by federal law.

SB403-SSA2,45,9 10. A kindergarten facility or classroom.

SB403-SSA2,45,12 11. A child care center licensed under s. 48.65. This subdivision does not apply to the owner of the child care center or, if the child care center is located in a residence, to a person who resides in that residence.

SB403-SSA2,45,15 12. A building or part of a building that is used for a domestic violence victim services program or by an organization that provides a safe haven for victims of domestic violence.

SB403-SSA2,45,19 13. A building or part of a building that is used for religious worship or another religious purpose, except that the owner of the building or an authorized representative of the owner may permit a licensee or out-of-state licensee to carry a concealed weapon in the building or a part of the building.

SB403-SSA2,46,2 14. A health-related facility, except that the director of any health-related facility, or his or her authorized representative, may permit a licensee or out-of-state licensee to carry a concealed weapon in the health-related facility. In this subdivision "health-related facility" means a health care facility, as defined in s. 150.84 (2); a clinic or office that is used by a physician licensed under ch. 448; an adult family home, as defined in s. 50.01 (1); a residential care apartment complex, as defined in s. 50.01 (1d); a facility, as defined in s. 50.01 (1m); or a home health agency, as defined in s. 50.49 (1) (a).

SB403-SSA2,46,9 15. A building located on the campus of a private or public university, college, or technical college, except that the president of a private university or college; the chancellor of an institution, as defined in s. 36.05 (9), except the chancellor of the University of Wisconsin Colleges, as defined in s. 36.05 (14); the dean of a college campus, as defined in s. 36.05 (6m); or the director of a technical college district may permit a licensee or out-of-state licensee to carry a concealed weapon in a building under his or her jurisdiction.

SB403-SSA2,46,12 16. A building owned by a nonprofit organization, whose primary function is to provide direct services to children or families, in or at which the nonprofit organization provides direct services to children or families.

SB403-SSA2,46,18 (at) Neither a licensee nor an out-of-state licensee may carry a concealed weapon in a building owned or leased by the state or any political subdivision of the state if the building provides electronic screening for weapons at all public entrances to the building and for the locked storage of weapons on the premises while the licensee or out-of-state licensee is in the building. This paragraph does not apply to:

SB403-SSA2,46,20 1. Peace officers or armed forces or military personnel who go armed in the line of duty.

SB403-SSA2,46,22 2. A person authorized to carry a weapon in the building by the chief of police of the city, village, or town or the sheriff of the county in which the building is located.

SB403-SSA2,46,24 3. A person authorized to carry a weapon in the building by the chief of the capitol police, if the building is owned or leased by the state.

SB403-SSA2,47,4 (b) Neither a licensee nor an out-of-state licensee may knowingly carry a handgun in a school zone, as defined in s. 948.605 (1) (c), unless he or she is not in or on the grounds of a school, as defined in s. 948.61 (1) (b), and one of the following applies:

SB403-SSA2,47,5 1. The individual is in a motor vehicle or on a snowmobile or bicycle.

SB403-SSA2,47,7 2. The individual has exited a motor vehicle and is encasing the handgun or storing it in the motor vehicle.

SB403-SSA2,47,10 3. The individual is traveling directly to any person's private property from his or her place of employment or business, from any person's private property, or from a place outside of the school zone.

SB403-SSA2,47,13 4. The individual is traveling directly to his or her place of employment or business from another place of his or her employment or business, from any person's private property, or from a place outside of the school zone.

SB403-SSA2,47,16 5. The individual is traveling directly to a place outside of the school zone from another place outside of the school zone, from any individual's private property, or from his or her place of employment or business.

SB403-SSA2,47,17 6. The individual's possession of the handgun is described in s. 948.605 (2) (b).

SB403-SSA2,47,21 (c) Neither a licensee nor an out-of-state licensee may knowingly carry a weapon other than a handgun on school premises, as defined in s. 948.61 (1) (c), unless he or she is a person described in or a person whose conduct is described in s. 948.61 (3).

SB403-SSA2,47,23 (cm) 1. A person may not carry a concealed weapon if any of the following applies:

SB403-SSA2,47,24 a. The person's alcohol concentration exceeds 0.08.

SB403-SSA2,48,2 b. The person is under the influence of an intoxicant to a degree which materially impairs his or her ability to handle the weapon.

SB403-SSA2,48,7 2. A person may be charged with and a prosecutor may proceed upon a complaint based upon a violation of subd. 1. a. or b. or both for acts arising out of the same incident or occurrence. If the person is charged with violating both subd. 1. a. and b., the offenses shall be joined. Subdivision 1. a. and b. each requires proof of a fact for conviction which the other does not require.

SB403-SSA2,48,9 (d) Paragraphs (a), (at), (b), and (c) do not apply to a peace officer, as defined in s. 939.22 (22).

SB403-SSA2,48,11 (17) Penalties. (a) Any person who violates sub. (2g) (b) or (c) may be required to forfeit not more than $25.

SB403-SSA2,48,13 (ag) Any person who violates sub. (12) or (12g) may be fined not more than $500 or sentenced to a term of imprisonment of not more than 30 days or both.

SB403-SSA2,48,16 (ar) Any law enforcement officer who uses excessive force based solely on an individual's status as a licensee may be fined not more than $500 or sentenced to a term of imprisonment of not more than 30 days or both.

SB403-SSA2,48,18 (b) Any person who violates sub. (16) (a), (at), (b), or (c) may be fined not more than $1,000 or imprisoned for not more than 90 days or both.

SB403-SSA2,48,20 (bm) Any person who violates sub. (2k) (e) or (16) (cm) 1. may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

SB403-SSA2,48,25 (c) Any person who submits an intentionally false notarized statement under sub. (7) (b) or (15) (b) 2. or who intentionally makes a false statement to the department in requesting or in connection with the issuance of an emergency license under sub. (9r) shall be fined not less than $500 nor more than $10,000 and may be imprisoned for not more than 9 months.

SB403-SSA2,49,2 (d) Any person who intentionally violates sub. (11) (b) 1. shall be fined not less than $500 nor more than $10,000 and may be imprisoned for not more than 9 months.

SB403-SSA2,49,6 (e) Any person required under sub. (14) (b) 2. to relinquish or deliver a license document to the department who intentionally violates the requirements of that subdivision shall be fined not less than $500 nor more than $10,000 and may be imprisoned for not more than 9 months.

SB403-SSA2,49,13 (19) Statistical report. By March 1 of each year, the department shall submit a statistical report to the legislature under s. 13.172 (2) and to the governor that indicates the number of licenses applied for, issued, denied, suspended, and revoked under this section during the previous calendar year. For the licenses denied, the report shall indicate the reasons for the denials and the part of the application process in which the reasons for denial were discovered. For the licenses suspended or revoked, the report shall indicate the reasons for the suspensions and revocations.

SB403-SSA2,49,16 (20m) Grants for shooting ranges. (a) Using the fees collected under subs. (7) (bp) and (15) (b) 4. c., a county shall award grants to persons for construction or improvement of shooting ranges.

SB403-SSA2,49,19 (b) A grant awarded under this subsection may be for up to 50 percent of the cost of the construction or improvement of the shooting range. A grant awarded under this subsection may not be used to pay for any of the following:

SB403-SSA2,49,21 1. The construction of clubhouses and facilities that are not essential to the operation of the shooting range.

SB403-SSA2,49,22 2. The operation and maintenance of the shooting range.

SB403-SSA2,49,25 (c) In order to receive a grant under this subsection, the person creating or improving a shooting range shall agree to provide the facility for a firearm safety course or class that meets the requirements under sub. (3m) (a).

SB403-SSA2,50,5 (d) In determining whether to make a grant under this subsection to a particular applicant, the county shall consider the potential of the project to meet the needs of firearm safety courses or classes that meet the requirements under sub. (3m) in the area served by the shooting range relative to the proposed cost of the construction or improvement.

SB403-SSA2,50,9 (21) Immunity. (a) The department and its employees, clerks, as defined in sub. (11) (a) 1. a., and their staff, and court automated information systems, as defined under sub. (11) (a) 1. b., and their employees are immune from liability arising from any act or omission under this section, if done in good faith.

SB403-SSA2,50,12 (b) A person providing a firearm safety or firearm training course or class in good faith is immune from liability arising from any act or omission related to the course or class if the course or class is one described in sub. (3) (h) 1.

SB403-SSA2,50,15 (c) A person that permits an individual to carry a concealed weapon on property that the person owns or occupies is immune from any liability arising from its decision to do so, if done in good faith.

SB403-SSA2,50,18 (d) An employer that permits any of its employees to carry a concealed weapon under sub. (15m) is immune from any liability arising from its decision to do so, if done in good faith.

SB403-SSA2, s. 38 Section 38. 341.175 of the statutes is created to read:

SB403-SSA2,50,21 341.175 Department to maintain records. (1) In this section, "licensee" has the meaning given in s. 175.50 (1) (d).

SB403-SSA2,51,2 (2) Using the information provided under s. 175.50 (12r) and obtained through rules promulgated under sub. (3), the department shall maintain a record of each owner who is a licensee. If its records indicate that an owner of a vehicle is a licensee, the department shall, in its registration records for that vehicle, include a confidential entry that informs a law enforcement officer who requests information regarding that vehicle that the owner is a licensee.

SB403-SSA2,51,6 (3) The department, in consultation with the department of justice, shall promulgate rules specifying how it shall obtain the vehicle registration number for a licensee, as defined in s. 175.50 (1) (d), if there was no motor vehicle registered to the person when he or she became a licensee.

SB403-SSA2,51,9 (4) A law enforcement officer may request information maintained by the department under sub. (2) only if he or she is conducting a vehicle stop that meets the requirements of s. 349.02 (2) (a).

SB403-SSA2,51,11 (5) (a) Notwithstanding s. 19.35, neither the department nor any of its employees may make information maintained under sub. (2) available to the public.

SB403-SSA2,51,14 (b) Neither the department nor any of its employees may store, maintain, format, sort, or access information regarding licensees based on their status as licensees.

SB403-SSA2,51,16 (6) A person who violates sub. (4) or (5) may be fined not more than $500 or sentenced to a term of imprisonment of not more than 30 days or both.

SB403-SSA2, s. 39 Section 39. 440.26 (3m) of the statutes is renumbered 440.26 (3m) (intro.) and amended to read:

SB403-SSA2,51,23 440.26 (3m) Rules concerning dangerous weapons. (intro.) The department shall promulgate rules relating to the carrying of dangerous weapons by a person who holds a license or permit issued under this section or who is employed by a person licensed under this section. The rules shall meet the minimum requirements specified in 15 USC 5902 (b). and shall allow all of the following:

SB403-SSA2, s. 40 Section 40. 440.26 (3m) (a) of the statutes is created to read:

SB403-SSA2,52,3 440.26 (3m) (a) A person who is employed in this state by a public agency as a law enforcement officer to carry a concealed firearm if s. 941.23 (1) (e) 2. to 5. and (2) (b) 1. to 3. applies.

SB403-SSA2, s. 41 Section 41. 440.26 (3m) (b) of the statutes is created to read:

SB403-SSA2,52,6 440.26 (3m) (b) A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (e), to carry a concealed firearm if s. 941.23 (2) (b) 1. to 3. applies.

SB403-SSA2, s. 42 Section 42. 440.26 (3m) (c) of the statutes is created to read:

SB403-SSA2,52,9 440.26 (3m) (c) A retired law enforcement officer, as defined in s. 941.23 (1) (f), to carry a concealed firearm if s. 941.23 (2) (c) 1. to 7. applies.

SB403-SSA2, s. 43 Section 43. 440.26 (3m) (d) of the statutes is created to read:

SB403-SSA2,52,13 440.26 (3m) (d) A licensee, as defined in s. 175.50 (1) (d), or an out-of-state licensee, as defined in s. 175.50 (1) (g), to go armed with a concealed weapon as permitted under s. 175.50.

SB403-SSA2, s. 44 Section 44. 813.12 (6) (am) 1. of the statutes is amended to read:

SB403-SSA2,52,21 813.12 (6) (am) 1. If an injunction is issued or extended under sub. (4) or if a tribal injunction is filed under s. 806.247 (3), the clerk of the circuit court shall notify the department of justice of the injunction and shall provide the department of justice with information concerning the period during which the injunction is in effect and information necessary to identify the respondent for purposes of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.50 (9g) (b).

SB403-SSA2, s. 45 Section 45. 813.122 (9) (am) 1. of the statutes is amended to read:

SB403-SSA2,53,3 813.122 (9) (am) 1. If an injunction is issued or extended under sub. (5), the clerk of the circuit court shall notify the department of justice of the injunction and shall provide the department of justice with information concerning the period during which the injunction is in effect and information necessary to identify the respondent for purposes of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.50 (9g) (b).

SB403-SSA2, s. 46 Section 46. 813.125 (5r) (a) of the statutes is amended to read:

SB403-SSA2,53,11 813.125 (5r) (a) If an order prohibiting a respondent from possessing a firearm is issued under sub. (4m), the clerk of the circuit court shall notify the department of justice of the existence of the order prohibiting a respondent from possessing a firearm and shall provide the department of justice with information concerning the period during which the order is in effect and information necessary to identify the respondent for purposes of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.50 (9g) (b).

SB403-SSA2, s. 47 Section 47. 885.235 (1g) (intro.) of the statutes is amended to read:

SB403-SSA2,54,2 885.235 (1g) (intro.) In any action or proceeding in which it is material to prove that a person was under the influence of an intoxicant or had a prohibited alcohol concentration or a specified alcohol concentration while operating or driving a motor vehicle or, if the vehicle is a commercial motor vehicle, on duty time, while operating a motorboat, except a sailboat operating under sail alone, while operating a snowmobile, while operating an all-terrain vehicle, while going armed with a concealed weapon, or while handling a firearm, evidence of the amount of alcohol in the person's blood at the time in question, as shown by chemical analysis of a sample of the person's blood or urine or evidence of the amount of alcohol in the person's breath, is admissible on the issue of whether he or she was under the influence of an intoxicant or had a prohibited alcohol concentration or a specified alcohol concentration if the sample was taken within 3 hours after the event to be proved. The chemical analysis shall be given effect as follows without requiring any expert testimony as to its effect:

SB403-SSA2, s. 48 Section 48. 885.235 (1g) (e) of the statutes is created to read:

SB403-SSA2,54,10 885.235 (1g) (e) In a case brought under s. 175.50 (16) (cm) 1. a. or b., the fact that the analysis shows that the person had an alcohol concentration of more than 0.0 but less than 0.08 is relevant evidence on the issue of whether the person was intoxicated or had an alcohol concentration of 0.08 or more but is not to be given any prima facie effect. In a case brought under s. 175.50 (16) (cm) 1. a., the fact that the analysis shows that the person had an alcohol concentration of 0.08 or more is prima facie evidence that he or she had an alcohol concentration of 0.08 or more.

SB403-SSA2, s. 49 Section 49. 938.396 (8) of the statutes is amended to read:

SB403-SSA2,54,18 938.396 (8) Notwithstanding sub. (2), if a juvenile is adjudged delinquent for an act that would be a felony if committed by an adult, the court clerk shall notify the department of justice of that fact. No other information from the juvenile's court records may be disclosed to the department of justice except by order of the court. The department of justice may disclose any information provided under this subsection only as part of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.50 (9g) (b).

SB403-SSA2, s. 50 Section 50. 938.396 (8m) of the statutes is created to read:

SB403-SSA2,54,25 938.396 (8m) (a) Notwithstanding sub. (2), if a juvenile is adjudged delinquent for an act that would be a misdemeanor crime of violence, as defined in s. 175.50 (1) (e), if committed by an adult, the court clerk shall notify the department of justice of that fact. Except as provided in par. (b), no other information from the juvenile's court records may be disclosed to the department of justice except by order of the court.

SB403-SSA2,55,7 (b) If an applicant for a license to carry a concealed weapon under s. 175.50 was adjudicated delinquent as a juvenile in a case covered by par. (a), the department of justice may request permission to review court records relating to the case for the purpose of determining whether the applicant meets the requirement under s. 175.50 (3) (m). Upon receiving such a request, the court shall open for inspection by authorized representatives of the department of justice the records of the court relating to that case.

SB403-SSA2,55,9 (c) The department of justice may disclose information provided or obtained under this subsection only as part of a background check under s. 175.50 (9g) (b).

SB403-SSA2, s. 51 Section 51. 941.23 of the statutes is renumbered 941.23 (2) (intro.) and amended to read:

SB403-SSA2,55,14 941.23 (2) (intro.) Any person except a peace officer, other than one of the following, who goes armed with a concealed and dangerous weapon is guilty of a Class A misdemeanor.:

SB403-SSA2, s. 52 Section 52. 941.23 (1) of the statutes is created to read:

SB403-SSA2,55,16 941.23 (1) In this section:

SB403-SSA2,55,17 (a) "Destructive device" has the meaning given in 18 USC 921 (a) (4).

SB403-SSA2,55,18 (c) "Former employer" has the meaning given in s. 175.49 (1) (b).