Amendment AA4-SB93

SB93-AA4, s. 35ta Section 35ta. 175.35 (2k) (c) 2. a. of the statutes is amended to read:

SB93-AA4,8,18 175.35 (2k) (c) 2. a. A statement that the Wisconsin law enforcement agency is conducting an investigation of a crime in which a handgun firearm was used or was attempted to be used or was unlawfully possessed.

SB93-AA4, s. 35tc Section 35tc. 175.35 (2k) (c) 2. b. of the statutes is amended to read:

SB93-AA4,8,23 175.35 (2k) (c) 2. b. A statement by a division commander or higher authority within the Wisconsin law enforcement agency that he or she has a reasonable suspicion that the person who is the subject of the information request has obtained or is attempting to obtain a handgun firearm.

SB93-AA4, s. 35tg Section 35tg. 175.35 (2k) (g) of the statutes is amended to read:

SB93-AA4,9,4 175.35 (2k) (g) If a search conducted under sub. (2g) indicates that the transferee is prohibited from possessing a firearm under s. 941.29, the attorney general or his or her designee may disclose to a law enforcement agency that the transferee has attempted to obtain a handgun firearm.

SB93-AA4, s. 35th Section 35th. 175.35 (2k) (h) of the statutes is amended to read:

SB93-AA4,9,11 175.35 (2k) (h) If a search conducted under sub. (2g) indicates a felony charge or violent nonfelony offense charge without a recorded disposition and the attorney general or his or her designee has reasonable grounds to believe the transferee may pose a danger to himself, herself or another, the attorney general or his or her designee may disclose to a law enforcement agency that the transferee has obtained or has attempted to obtain a handgun firearm.

SB93-AA4, s. 35ti Section 35ti. 175.35 (2k) (i) of the statutes is amended to read:

SB93-AA4,9,14 175.35 (2k) (i) The department of justice may not charge a fee for any services that the department provides under pars. (c) to (j) (k).

SB93-AA4, s. 35tj Section 35tj. 175.35 (2k) (k) of the statutes is created to read:

SB93-AA4,9,23 175.35 (2k) (k) The department may provide access to records kept under this section to a person engaged in research if the department has approved the research and the researcher agrees that the information will be used only for the purposes for which it was provided, the information will not be released to anyone not connected with the research, and the research will not involve revealing information that may serve to identify the individuals involved. The department shall also impose whatever additional safeguards are needed to prevent unwarranted disclosure of information from the records.

SB93-AA4, s. 35tk Section 35tk. 175.35 (2t) (a) of the statutes is amended to read:

SB93-AA4,10,2 175.35 (2t) (a) Transfers of any handgun firearm classified as an antique by regulations of the U.S. department of the treasury.

SB93-AA4, s. 35tL Section 35tL. 175.35 (2t) (b) of the statutes is amended to read:

SB93-AA4,10,5 175.35 (2t) (b) Transfers of any handgun firearm between firearms dealers or between wholesalers and dealers.

SB93-AA4, s. 35tm Section 35tm. 175.35 (2t) (c) of the statutes is amended to read:

SB93-AA4,10,8 175.35 (2t) (c) Transfers of any handgun firearm to law enforcement or armed services agencies.

SB93-AA4, s. 35v Section 35v. 175.35 (3) of the statutes is renumbered 175.35 (3) (b) and amended to read:

SB93-AA4,10,13 175.35 (3) (b) Any person who intentionally violates sub. (2), (2e), (2f) or (2j) shall be fined not less than $500 nor more than $10,000 and may be imprisoned for not more than 9 months.

SB93-AA4, s. 35w Section 35w. 175.35 (3) (a) of the statutes is created to read:

SB93-AA4,10,16 175.35 (3) (a) Any person who intentionally violates sub. (2) or (2b) is guilty of a Class G felony.".

SB93-AA4,10,17 5. Page 21, line 6: delete lines 6 and 7.

SB93-AA4,10,18 6. Page 21, line 11: delete "(b) 1r".

SB93-AA4,10,19 7. Page 26, line 14: delete "(b) 1r.".

SB93-AA4,10,20 8. Page 30, line 4: delete "(1) (f)" and substitute "(1m) (f)".

SB93-AA4,10,21 9. Page 37, line 24: after that line insert:

SB93-AA4,11,2 "(15p) Required posting. A person who organizes an outdoor festival, on public or privately owned property, shall post notice of the prohibition under sub. (16) (a) 29. in a manner that is substantially similar to posting requirements under s. 943.13 (2) (bm) 2. c.".

SB93-AA4,11,3 10. Page 38, line 16: after that line insert:

SB93-AA4,11,4 "9. The state capitol building or the state capitol park.

SB93-AA4,11,6 10. Any building or portion of a building that is owned, occupied, or controlled by the state or any political subdivision of the state.

SB93-AA4,11,9 11. A clinic or office that is used by a physician licensed under ch. 448 or a building or portion of a building used by a health care facility, as defined in s. 150.84 (2).

SB93-AA4,11,11 12. Any church, synagogue, mosque, or other building, structure, or place primarily used for religious worship or another religious purpose.

SB93-AA4,11,14 13. A building or any portion 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.

SB93-AA4,11,16 14. A place that is on the grounds of a University of Wisconsin institution or extension, a private college or university, or a technical college district.

SB93-AA4,11,18 15. Any premises for which a Class "B" or "Class B" license or permit has been issued under ch. 125.

SB93-AA4,11,22 16. Any building or part of a building that is used to provide child care services, except that, if the building is a residence and the owner is a licensee, any weapon that is unloaded and securely locked or encased during the hours in which children are present for the child care services.

SB93-AA4,11,24 17. Any building or part of a building that is used by a county department of human services.

SB93-AA4,12,2 18. Any building or part of a building that is used as a nonprofit organization as described in section 501 (c) of the Internal Revenue Code.

SB93-AA4,12,5 19. Any venue, or stadium at which public sporting events or public concerts are held or any amusement park, except that if an event related to firearms is taking place and the weapon is being used at the event.

SB93-AA4,12,8 20. Any building or part of a building where bingo or a raffle under ch. 563 is conducted, where a lottery under ch. 565 is conducted, or where a race under ch. 562 is conducted.

SB93-AA4,12,9 21. Any place that is within 1,000 feet of a polling place on an election day.

SB93-AA4,12,10 22. On any vehicle used for public transportation purposes.

SB93-AA4,12,11 23. Any public library.

SB93-AA4,12,14 24. Any common area in a building that is a residence that is not a single-family residence if the actor does not own the residence or does not occupy any part of the residence.

SB93-AA4,12,15 25. Any building or place that is used for Summerfest.

SB93-AA4,12,16 26. Miller Park stadium.

SB93-AA4,12,17 27. Any place that is a building on or a place on the grounds of State Fair Park.

SB93-AA4,12,18 28. Any place that is used for an outdoor festival.

SB93-AA4,12,19 29. A zoo.".

SB93-AA4,12,20 11. Page 38, line 24: after that line insert:

SB93-AA4,12,24 "4. A weapon on the premises described under par. (a) 15. if the individual carrying the weapon is the licensee, owner, or manager of the premises, or any employee or agent authorized to possess a weapon by the licensee, owner, or manager of the premises.".

SB93-AA4,13,1 12. Page 39, line 15: after "sub." insert "(15p) or".

SB93-AA4,13,2 13. Page 43, line 3: after that line insert:

SB93-AA4,13,3 " Section 47g. 938.341 of the statutes is amended to read:

SB93-AA4,13,8 938.341 Delinquency adjudication; restriction on firearm possession. Whenever a court adjudicates a juvenile delinquent for an act that if committed by an adult in this state would be a felony or a violent nonfelony offense, as defined in s. 941.29 (1g), the court shall inform the juvenile of the requirements and penalties under s. 941.29.

SB93-AA4, s. 47r Section 47r. 938.396 (2g) (d) of the statutes is amended to read:

SB93-AA4,13,19 938.396 (2g) (d) Bail; impeachment; firearm possession. Upon request of a court of criminal jurisdiction or a district attorney to review court records for the purpose of setting bail under ch. 969, impeaching a witness under s. 906.09, or investigating and determining whether a person has possessed a firearm in violation of s. 941.29 (2) or body armor in violation of s. 941.291 (2) or upon request of a court of civil jurisdiction or the attorney for a party to a proceeding in that court to review court records for the purpose of impeaching a witness under s. 906.09, the court assigned to exercise jurisdiction under this chapter and ch. 48 shall open for inspection by authorized representatives of the requester the records of the court relating to any juvenile who has been the subject of a proceeding under this chapter.".

SB93-AA4,13,21 14. Page 43, line 6: after "felony" insert "or a violent nonfelony offense, as defined in s. 941.29 (1g),".

SB93-AA4,13,22 15. Page 43, line 19: after that line insert:

SB93-AA4,13,23 " Section 49g. 939.6185 of the statutes is created to read:

SB93-AA4,14,7 939.6185 Mandatory minimum sentence for illegally carrying a concealed weapon if previously convicted of violent felony. If a person is convicted of a violation of s. 941.23 (2d) and the person has been previously convicted of a violent offense, as defined in s. 301.048 (2) (bm), the court shall impose a bifurcated sentence under s. 973.01. The term of confinement in prison portion of the bifurcated sentence shall be at least 3 years. Otherwise the penalties for the crime apply, subject to any applicable penalty enhancement.

SB93-AA4, s. 49h Section 49h. 939.632 (1) (e) 3. of the statutes is amended to read:

SB93-AA4,14,10 939.632 (1) (e) 3. Any misdemeanor under s. 940.19 (1), 940.225 (3m), 940.32 (2), 940.42, 940.44, 941.20 (1), 941.23 (2), 941.235, 941.24 or 941.38 (3).".

SB93-AA4,14,11 16. Page 43, line 22: delete lines 22 to 24 and substitute:

SB93-AA4,14,14 "941.23 (2) (intro.) Any Except as provided in sub. (2d), any person, other than one of the following, who carries a concealed and dangerous weapon is guilty of a Class A misdemeanor:".

SB93-AA4,14,15 17. Page 46, line 12: after that line insert:

SB93-AA4,14,16 " Section 55g. 941.23 (2d) of the statutes is created to read:

SB93-AA4,14,19 941.23 (2d) A person who violates sub. (2), who is ineligible to possess a firearm as indicated by a search in the national instant criminal background check system, is guilty of a Class H felony.".

SB93-AA4,14,20 18. Page 49, line 4: after that line insert:

SB93-AA4,14,22 " Section 64b. 941.29 (1) of the statutes is renumbered 941.29 (1m) and amended to read:

SB93-AA4,15,3 941.29 (1m) A person is subject to the requirements and penalties of this section if he or she has been who possesses a firearm is guilty of a Class G felony if any of the following apply:

SB93-AA4,15,4 (a) Convicted The person has been convicted of a felony in this state.

SB93-AA4,15,6 (b) Convicted The person has been convicted of a crime elsewhere that would be a felony if committed in this state.

SB93-AA4,15,9 (bm) Adjudicated The person has been adjudicated delinquent for an act committed on or after April 21, 1994, that if committed by an adult in this state would be a felony.

SB93-AA4,15,11 (c) Found The person has been found not guilty of a felony in this state by reason of mental disease or defect.

SB93-AA4,15,14 (d) Found The person has been found not guilty of or not responsible for a crime elsewhere that would be a felony in this state by reason of insanity or mental disease, defect or illness.

SB93-AA4,15,17 (e) Committed The person has been committed for treatment under s. 51.20 (13) (a) and ordered is subject to an order not to possess a firearm under s. 51.20 (13) (cv) 1., 2007 stats.

SB93-AA4,15,19 (em) Ordered The person has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a).

SB93-AA4,15,25 (f) Enjoined under The person is subject to an injunction issued under s. 813.12 or 813.122 or under 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 under s. 806.247 (3).

SB93-AA4,16,2 (g) Ordered The person is subject to an order not to possess a firearm under s. 813.125 (4m).

SB93-AA4, s. 64c Section 64c. 941.29 (1g) of the statutes is created to read:

SB93-AA4,16,4 941.29 (1g) "Violent nonfelony offense" means any of the following:

SB93-AA4,16,6 (a) A misdemeanor violation of s. 940.19, 940.195, 940.225, 940.42, 940.44, 941.20, 941.237, 941.38, 941.39, 947.013, 948.10, 948.55, or 948.60.

SB93-AA4,16,8 (b) A violation of a temporary restraining order or injunction issued under s. 813.12 (3) or (4), 813.122 (4) or (5), or 813.125 (3) or (4).

SB93-AA4,16,10 (c) Any misdemeanor crime for which the maximum term of imprisonment has been increased under s. 939.63.

SB93-AA4, s. 64d Section 64d. 941.29 (1m) (ag) of the statutes is created to read:

SB93-AA4,16,13 941.29 (1m) (ag) The person has been convicted on or after the effective date of this paragraph .... [LRB inserts date], of a violent nonfelony offense.

SB93-AA4, s. 64e Section 64e. 941.29 (1m) (bg) of the statutes is created to read: