Amendment SSA3-SB403

SB403-SSA3, s. 38 Section 38. 341.175 of the statutes is created to read:

SB403-SSA3,47,23 341.175 Department to maintain records. (1) In this section, "licensee" has the meaning given in s. 175.50 (1) (d).

SB403-SSA3,48,4 (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-SSA3,48,8 (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-SSA3,48,11 (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-SSA3,48,13 (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-SSA3,48,16 (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-SSA3,48,18 (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-SSA3, s. 39 Section 39. 440.26 (3m) of the statutes is renumbered 440.26 (3m) (intro.) and amended to read:

SB403-SSA3,48,25 440.26 (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-SSA3, s. 40 Section 40. 440.26 (3m) (a) of the statutes is created to read:

SB403-SSA3,49,4 440.26 (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-SSA3, s. 41 Section 41. 440.26 (3m) (b) of the statutes is created to read:

SB403-SSA3,49,7 440.26 (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-SSA3, s. 42 Section 42. 440.26 (3m) (c) of the statutes is created to read:

SB403-SSA3,49,10 440.26 (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-SSA3, s. 43 Section 43. 440.26 (3m) (d) of the statutes is created to read:

SB403-SSA3,49,13 440.26 (3m) (d) A licensee, as defined in s. 175.50 (1) (d), to go armed with a concealed weapon as permitted under s. 175.50.

SB403-SSA3, s. 44 Section 44. 813.12 (6) (am) 1. of the statutes is amended to read:

SB403-SSA3,49,21 813.12 (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-SSA3, s. 45 Section 45. 813.122 (9) (am) 1. of the statutes is amended to read:

SB403-SSA3,50,3 813.122 (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-SSA3, s. 46 Section 46. 813.125 (5r) (a) of the statutes is amended to read:

SB403-SSA3,50,11 813.125 (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-SSA3, s. 47 Section 47. 885.235 (1g) (intro.) of the statutes is amended to read:

SB403-SSA3,51,2 885.235 (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-SSA3, s. 48 Section 48. 885.235 (1g) (e) of the statutes is created to read:

SB403-SSA3,51,10 885.235 (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-SSA3, s. 49 Section 49. 938.396 (8) of the statutes is amended to read:

SB403-SSA3,51,18 938.396 (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-SSA3, s. 50 Section 50. 938.396 (8m) of the statutes is created to read:

SB403-SSA3,51,25 938.396 (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-SSA3,52,7 (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-SSA3,52,9 (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-SSA3, s. 51 Section 51. 941.23 of the statutes is renumbered 941.23 (2) (intro.) and amended to read:

SB403-SSA3,52,14 941.23 (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-SSA3, s. 52 Section 52. 941.23 (1) of the statutes is created to read:

SB403-SSA3,52,16 941.23 (1) In this section:

SB403-SSA3,52,17 (a) "Destructive device" has the meaning given in 18 USC 921 (a) (4).

SB403-SSA3,52,18 (c) "Former employer" has the meaning given in s. 175.49 (1) (b).

SB403-SSA3,52,19 (d) "Law enforcement officer" has the meaning given in s. 175.49 (1) (c).

SB403-SSA3,52,21 (e) "Qualified out-of-state law enforcement officer" means a law enforcement officer to whom all of the following apply:

SB403-SSA3,52,23 1. The person is employed by a state or local government agency in another state.

SB403-SSA3,52,24 2. The agency has authorized the person to carry a firearm.

SB403-SSA3,52,25 3. The person is not the subject of any disciplinary action by the agency.

SB403-SSA3,53,2 4. The person meets all standards established by the agency to qualify the person on a regular basis to use a firearm.

SB403-SSA3,53,3 5. The person is not prohibited under federal law from possessing a firearm.

SB403-SSA3,53,5 (f) "Retired law enforcement officer" means a person who, before retiring, was employed as a law enforcement officer with a public agency.

SB403-SSA3, s. 53 Section 53. 941.23 (2) (a) of the statutes is created to read:

SB403-SSA3,53,7 941.23 (2) (a) A peace officer.

SB403-SSA3, s. 54 Section 54. 941.23 (2) (b) of the statutes is created to read:

SB403-SSA3,53,10 941.23 (2) (b) A qualified out-of-state law enforcement officer. This paragraph applies only if all of the following apply:

SB403-SSA3,53,12 1. The weapon is a firearm but is not a machine gun, as defined in s. 941.27 (1), or a destructive device.

SB403-SSA3,53,13 2. A firearm silencer, as defined in s. 941.298 (1), is not attached to the weapon.

SB403-SSA3,53,14 3. The officer is not under the influence of an intoxicant.

SB403-SSA3, s. 55 Section 55. 941.23 (2) (c) of the statutes is created to read:

SB403-SSA3,53,17 941.23 (2) (c) A retired law enforcement officer. This paragraph applies only if all of the following apply:

SB403-SSA3,53,19 1. The retired officer has been issued a photographic identification document described in s. 941.23 (3) (b) 1. or both of the following:

SB403-SSA3,53,21 a. A photographic identification document described in s. 941.23 (3) (b) 2. (intro.).

SB403-SSA3,53,24 b. An identification card described in s. 941.23 (3) (b) 2. a., if the retired officer resides in this state, or a certification described in s. 941.23 (3) (b) 2. b., if the retired officer resides in another state.

SB403-SSA3,54,3 2. The weapon is a firearm that is of the type described in a photographic identification document described in subd. 1. (intro.) or a certification described in subd. 1. b.

SB403-SSA3,54,6 3. Within the preceding 12 months, the retired officer met the standards of the state in which he or she resides for training and qualification for active duty law enforcement officers to carry firearms.

SB403-SSA3,54,8 4. The weapon is not a machine gun, as defined in s. 941.27 (1), or a destructive device.

SB403-SSA3,54,9 5. A firearm silencer, as defined in s. 941.298 (1), is not attached to the weapon.

SB403-SSA3,54,10 6. The retired officer is not under the influence of an intoxicant.

SB403-SSA3,54,12 7. The retired officer is not prohibited under federal law from possessing a firearm.

SB403-SSA3, s. 56 Section 56. 941.23 (2) (d) of the statutes is created to read:

SB403-SSA3,54,19 941.23 (2) (d) A licensee, as defined in s. 175.50 (1) (d), if the dangerous weapon is a weapon, as defined under s. 175.50 (1) (j). An individual formerly licensed under s. 175.50 whose license has been suspended or revoked under s. 175.50 (14) may not assert his or her refusal to accept a notice of revocation or suspension mailed under s. 175.50 (14) (b) 2. as a defense to prosecution under this subsection, regardless of whether the person has complied with s. 175.50 (11) (b).

SB403-SSA3, s. 57 Section 57. 941.23 (2) (e) of the statutes is created to read:

SB403-SSA3,54,24 941.23 (2) (e) An individual who goes armed with a concealed and dangerous weapon, as defined in s. 175.50 (1) (j), in his or her own dwelling or place of business or on land that he or she owns, leases, or legally occupies, unless he or she is prohibited under federal or state law from possessing that weapon.

SB403-SSA3, s. 58 Section 58. 941.23 (3) of the statutes is created to read:

SB403-SSA3,55,4 941.23 (3) (a) A qualified out-of-state law enforcement officer shall, while carrying a concealed firearm, also carry an identification card that contains his or her photograph and that was issued by the law enforcement agency by which he or she is employed.

SB403-SSA3,55,6 (b) A retired law enforcement officer shall, while carrying a concealed firearm, also carry one of the following:

SB403-SSA3,55,12 1. A photographic identification document issued by the retired officer's former employer that indicates that, within the 12 months preceding the date on which the retired officer is carrying the concealed firearm, he or she was tested or otherwise found by his or her former employer to meet the standards that it has established for training and qualification for active duty law enforcement officers to carry a firearm of the same type as the firearm that the retired officer is carrying.

SB403-SSA3,55,14 2. A photographic identification document issued by retired officer's former employer and one of the following:

SB403-SSA3,55,16 a. An identification card issued under s. 175.49 (2), if the retired officer resides in this state.

SB403-SSA3,55,22 b. A certification issued by the state in which the retired officer resides, if the retired officer resides in another state, that indicates that, within the 12 months preceding the date on which the retired officer is carrying the concealed firearm, he or she was tested or otherwise found by that state to meet the state's standards for training and qualification for active duty law enforcement officers to carry a firearm of the same type as the firearm that the retired officer is carrying.

SB403-SSA3,55,24 (c) A person who violates this subsection may be required to forfeit not more than $25.

SB403-SSA3,55,25 (d) This subsection does not apply to a licensee, as defined in s. 175.50 (1) (d).

SB403-SSA3, s. 59 Section 59. 941.235 (2) of the statutes is renumbered 941.235 (2) (intro.) and amended to read:

SB403-SSA3,56,3 941.235 (2) (intro.) This section does not apply to peace any of the following:

SB403-SSA3,56,5 (a) Peace officers or armed forces or military personnel who go armed in the line of duty or to any.

SB403-SSA3,56,8 (b) A person duly authorized by the chief of police of any city, village or town, the chief of the capitol police or the sheriff of any county to possess a firearm in any building under sub. (1).

SB403-SSA3, s. 60 Section 60. 941.235 (2) (c) of the statutes is created to read:

SB403-SSA3,56,10 941.235 (2) (c) A judge to whom s. 175.50 (16) (a) 4. b. applies.

SB403-SSA3, s. 61 Section 61. 941.237 (3) (cr) of the statutes is created to read:

SB403-SSA3,56,13 941.237 (3) (cr) A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (e), to whom s. 941.23 (2) (b) 1. to 3. applies.

SB403-SSA3, s. 62 Section 62. 941.237 (3) (ct) of the statutes is created to read:

SB403-SSA3,56,16 941.237 (3) (ct) A retired law enforcement officer, as defined in s. 941.23 (1) (f), to whom s. 941.23 (2) (c) 1. to 7. applies.