Amendment SSA3-SB403

SB403-SSA3,11,3 (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:

SB403-SSA3,11,4 (a) The officer may not lawfully possess a firearm under federal law.

SB403-SSA3,11,6 (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.

SB403-SSA3,11,11 (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.

SB403-SSA3,11,13 (d) The officer does not have a nonforfeitable right to benefits under the agency's retirement plan.

SB403-SSA3,11,17 (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.

SB403-SSA3, s. 36 Section 36. 175.49 of the statutes is created to read:

SB403-SSA3,11,20 175.49 Retired law enforcement officers seeking to carry concealed weapons. (1) Definitions. In this section:

SB403-SSA3,11,21 (a) "Department" means the department of justice.

SB403-SSA3,11,23 (b) "Former employer" means a law enforcement agency that employed a retired law enforcement officer immediately before his or her retirement.

SB403-SSA3,12,3 (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.

SB403-SSA3,12,7 (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:

SB403-SSA3,12,10 (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.

SB403-SSA3,12,11 (b) The date on which the department made the finding under par. (a).

SB403-SSA3,12,14 (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.

SB403-SSA3,12,17 (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:

SB403-SSA3,12,19 1. The person retired in good standing from service as a law enforcement officer for reasons other than mental instability.

SB403-SSA3,12,20 2. At least one of the following applies:

SB403-SSA3,12,22 a. Before retiring, the person was regularly employed as a law enforcement officer for an aggregate of 15 years or more.

SB403-SSA3,12,25 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.

SB403-SSA3,13,2 3. The person has a nonforfeitable right to benefits under his or her former employer's retirement plan.

SB403-SSA3,13,5 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).

SB403-SSA3,13,6 5. The person is a resident of this state.

SB403-SSA3,13,9 (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).

SB403-SSA3,13,13 (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.

SB403-SSA3,13,18 (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].

SB403-SSA3,13,20 (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:

SB403-SSA3,13,21 1. The full name, date of birth, and residence address of the retired officer.

SB403-SSA3,13,23 2. A physical description of the retired officer, including sex, height, weight, and hair and eye color.

SB403-SSA3,13,24 3. The name of this state.

SB403-SSA3,14,2 (c) An identification card may not contain the retired officer's social security number.

SB403-SSA3,14,6 (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.

SB403-SSA3, s. 37 Section 37. 175.50 of the statutes is created to read:

SB403-SSA3,14,9 175.50 License to carry a concealed weapon. (1) Definitions. In this section:

SB403-SSA3,14,10 (ab) "Alcohol beverages" has the meaning given in s. 125.02 (1).

SB403-SSA3,14,11 (abm) "Alcohol concentration" has the meaning given in s. 340.01 (1v).

SB403-SSA3,14,14 (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.

SB403-SSA3,14,15 (ag) Except in sub. (2g) (b), "carry" means to go armed with.

SB403-SSA3,14,17 (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).

SB403-SSA3,14,18 (aj) "Department" means the department of justice.

SB403-SSA3,14,19 (am) "Drunk driving offense" means any of the following:

SB403-SSA3,14,20 1. A violation of s. 346.63 or a local ordinance in conformity with that section.

SB403-SSA3,14,22 2. A violation of a law of a federally recognized American Indian tribe or band in this state in conformity with s. 346.63.

SB403-SSA3,15,3 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.

SB403-SSA3,15,8 (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).

SB403-SSA3,15,10 (bq) "Intoxicant" means any alcohol beverage, controlled substance, or other drug, or any combination thereof.

SB403-SSA3,15,11 (bv) "Law enforcement agency" does not include the department.

SB403-SSA3,15,12 (c) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).

SB403-SSA3,15,14 (d) "Licensee" means an individual holding a valid license to carry a concealed weapon issued under this section.

SB403-SSA3,15,15 (e) "Misdemeanor crime of violence" means any of the following:

SB403-SSA3,15,17 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.

SB403-SSA3,15,19 2. A crime under federal law or the law of another state that is comparable to a crime described in subd. 1.

SB403-SSA3,15,21 (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.

SB403-SSA3,15,22 (er) "Motor vehicle" has the meaning given in s. 340.01 (35).

SB403-SSA3,15,24 (gm) "Photo identification card" means an operator's license issued under ch. 343 or an identification card issued under s. 343.50.

SB403-SSA3,15,25 (h) "Private property" has the meaning given in s. 943.13 (1e) (e).

SB403-SSA3,16,2 (i) "Proprietor" means a person to whom a Class "B" or "Class B" license or permit has been issued under ch. 125.

SB403-SSA3,16,5 (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.

SB403-SSA3,16,9 (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.

SB403-SSA3,16,11 (is) "Test facility" means a test facility or agency prepared to administer tests under s. 343.305 (2).

SB403-SSA3,16,13 (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.

SB403-SSA3,16,18 (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).

SB403-SSA3,16,21 (2g) Carrying a concealed weapon; carrying and display of license document or authorization. (a) A licensee may carry a concealed weapon anywhere in this state except as provided under sub. (16) or s. 941.20 (1) (b) or 943.13 (1m) (c).

SB403-SSA3,16,23 (b) A licensee shall carry his or her license document and photo identification card at all times during which he or she is going armed with a concealed weapon.

SB403-SSA3,17,3 (c) If he or she is carrying a concealed weapon, a licensee shall display his or her license document and photo identification card to a law enforcement officer upon the request of the law enforcement officer.

SB403-SSA3,17,8 (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.

SB403-SSA3,17,13 (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).

SB403-SSA3,17,17 (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).

SB403-SSA3,17,19 (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.

SB403-SSA3,17,25 (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).

SB403-SSA3,18,8 (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.

SB403-SSA3,18,12 2. `Information.' A law enforcement officer requesting a person to provide a sample or to submit to a chemical test under subd. 1. shall inform the person of all of the following at the time of the request and prior to obtaining the sample or administering the test:

SB403-SSA3,18,13 a. That he or she is deemed to have consented to tests under sub. (2i).

SB403-SSA3,18,16 b. That a refusal to provide a sample or to submit to a chemical test constitutes a violation under par. (e) and is subject to the same penalties and procedures as a violation of sub. (16) (cm) 1.

SB403-SSA3,18,18 c. That in addition to the designated chemical test under par. (b) 2. he or she may have an additional chemical test under par. (c) 1.

SB403-SSA3,18,24 3. `Unconscious person.' A person who is unconscious or otherwise not capable of withdrawing consent is presumed not to have withdrawn consent under this paragraph, and if a law enforcement officer has probable cause to believe that the person violated sub. (16) (cm) 1., one or more chemical tests may be administered to the person without a request under subd. 1. and without providing information under subd. 2.

SB403-SSA3,19,6 (b) Chemical tests. 1. `Test facility.' Upon the request of a law enforcement officer, a test facility shall administer a chemical test of breath, blood, or urine for the purpose of authorized analysis. A test facility shall be prepared to administer 2 of the 3 chemical tests of breath, blood, or urine for the purpose of authorized analysis. The department may enter into agreements for the cooperative use of test facilities.

SB403-SSA3,19,9 2. `Designated chemical test.' A test facility shall designate one chemical test of breath, blood, or urine which it is prepared to administer first for the purpose of authorized analysis.

SB403-SSA3,19,13 3. `Additional chemical test.' A test facility shall specify one chemical test of breath, blood, or urine, other than the test designated under subd. 2., which it is prepared to administer for the purpose of authorized analysis as an additional chemical test.

SB403-SSA3,19,24 4. `Validity; procedure.' A chemical test of blood or urine conducted for the purpose of authorized analysis is valid as provided under s. 343.305 (6). The duties and responsibilities of the laboratory of hygiene, department of health and family services, and department of transportation under s. 343.305 (6) apply to a chemical test of blood or urine conducted for the purpose of authorized analysis under this subsection. Blood may be withdrawn from a person arrested for a violation of sub. (16) (cm) 1. only by a physician, registered nurse, medical technologist, physician assistant, or person acting under the direction of a physician and the person who withdraws the blood, the employer of that person, and any hospital where blood is withdrawn have immunity from civil or criminal liability as provided under s. 895.53.

SB403-SSA3,20,8 5. `Report.' A test facility which administers a chemical test of breath, blood, or urine for the purpose of authorized analysis under this subsection shall prepare a written report which shall include the findings of the chemical test, the identification of the law enforcement officer or the person who requested a chemical test, and the identification of the person who provided the sample or submitted to the chemical test. The test facility shall transmit a copy of the report to the law enforcement officer and the person who provided the sample or submitted to the chemical test.

SB403-SSA3,20,15 (c) Additional and optional chemical tests. 1. `Additional chemical test.' If a person is arrested for a violation of sub. (16) (cm) 1. and if the person is requested to provide a sample or to submit to a test under par. (a) 1., the person may request the test facility to administer the additional chemical test specified under par. (b) 3. or, at his or her own expense, reasonable opportunity to have any qualified person administer a chemical test of his or her breath, blood, or urine for the purpose of authorized analysis.

SB403-SSA3,20,23 2. `Optional test.' If a person is arrested for a violation of sub. (16) (cm) 1. and if the person is not requested to provide a sample or to submit to a test under par. (a) 1., the person may request the test facility to administer a chemical test of his or her breath or, at his or her own expense, reasonable opportunity to have any qualified person administer a chemical test of his or her breath, blood, or urine for the purpose of authorized analysis. If a test facility is unable to perform a chemical test of breath, the person may request the test facility to administer the designated chemical test under par. (b) 2. or the additional chemical test under par. (b) 3.

SB403-SSA3,20,25 3. `Compliance with request.' A test facility shall comply with a request under this paragraph to administer any chemical test that it is able to perform.

SB403-SSA3,21,4 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).

SB403-SSA3,21,12 (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.

SB403-SSA3,21,19 (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:

SB403-SSA3,21,21 1. Whether the law enforcement officer had probable cause to believe the person was violating or had violated sub. (16) (cm) 1.

SB403-SSA3,21,23 2. Whether the person was lawfully placed under arrest for violating sub. (16) (cm) 1.