Amendment AA4-SB93

SB93-AA4,16,25 941.29 (1m) (cg) On or after the effective date of this paragraph .... [LRB inserts date], the person has been found not guilty by reason of mental disease or defect of a violent nonfelony offense in this state.

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

SB93-AA4,17,5 941.29 (1m) (dg) On or after the effective date of this paragraph .... [LRB inserts date], the person has been found not guilty of, or not responsible for, by reason of insanity or mental disease, defect, or illness, a crime elsewhere that would be a violent nonfelony offense in this state.

SB93-AA4, s. 64i Section 64i. 941.29 (2) of the statutes is repealed.

SB93-AA4, s. 64j Section 64j. 941.29 (3) of the statutes is amended to read:

SB93-AA4,17,9 941.29 (3) Any firearm involved in an offense under sub. (2) this section is subject to s. 968.20 (3).

SB93-AA4, s. 64k Section 64k. 941.29 (4) of the statutes is amended to read:

SB93-AA4,17,13 941.29 (4) A person is concerned with the commission of a crime, as specified in s. 939.05 (2) (b), in violation of this section if he or she knowingly furnishes a person with a firearm in violation of sub. (2) this section.

SB93-AA4, s. 64L Section 64L. 941.29 (5) (intro.) of the statutes is amended to read:

SB93-AA4,17,16 941.29 (5) (intro.) This section does not apply to any person specified in sub. (1) (1m) who:

SB93-AA4, s. 64m Section 64m. 941.29 (5) (a) of the statutes is amended to read:

SB93-AA4,17,20 941.29 (5) (a) Has received a pardon with respect to the crime or felony specified in sub. (1) and has been (1m) and the pardon expressly authorized authorizes the person to possess a firearm under 18 USC app. 1203; or

SB93-AA4, s. 64n Section 64n. 941.29 (8) of the statutes is amended to read:

SB93-AA4,18,2 941.29 (8) This section does not apply to any person specified in sub. (1) (1m) (bm) if a court subsequently determines that the person is not likely to act in a manner dangerous to public safety. In any action or proceeding regarding this determination, the person has the burden of proving by a preponderance of the evidence that he or she is not likely to act in a manner dangerous to public safety.

SB93-AA4, s. 64o Section 64o. 941.29 (9) of the statutes is repealed.

SB93-AA4, s. 64p Section 64p. 941.29 (10) (intro.) of the statutes is amended to read:

SB93-AA4,18,7 941.29 (10) (intro.) The prohibition against firearm possession under this section does not apply to a person specified in sub. (1) (1m) (f) if the person satisfies any of the following:

SB93-AA4, s. 64q Section 64q. 941.29 (11) of the statutes is created to read:

SB93-AA4,18,11 941.29 (11) Subsection (1m) (ag), (bg), (br), (cg), and (dg) does not apply if the conviction, adjudication, or finding occurred more than 5 years before the date on which the person possesses the firearm.

SB93-AA4, s. 64s Section 64s. 941.2905 of the statutes is created to read:

SB93-AA4,18,15 941.2905 Straw purchase of firearm. (1) Whoever purchases a firearm for a person knowing that the person is prohibited from possessing a firearm under s. 941.29 is guilty of a Class G felony.

SB93-AA4,18,18 (2) A person who possesses a firearm in violation of s. 941.29 (2) is guilty of a Class F felony if he or she knows that another person purchased the firearm for the person.".

SB93-AA4,18,21 19. Page 51, line 9: after "admission." insert ""Special event" does not include Summerfest, an event in Miller Park stadium, an event held at State Fair Park or an outdoor festival under s. 175.60 (16) (a) 29.".

SB93-AA4,18,22 20. Page 52, line 3: delete lines 3 to 10.

SB93-AA4,18,23 21. Page 53, line 3: delete lines 3 to 9.

SB93-AA4,18,24 22. Page 53, line 10: delete lines 10 to 15.

SB93-AA4,19,1 23. Page 54, line 8: after that line insert:

SB93-AA4,19,3 "1m. For purposes of sub. (1m) (c) 2. to 5. notice may be given as provided in subd. 2. or personally, either orally or in writing.".

SB93-AA4,19,4 24. Page 54, line 9: delete lines 9 to 16.

SB93-AA4,19,5 25. Page 54, line 17: delete "2., 4., and 5." and substitute "2.".

SB93-AA4,19,6 26. Page 54, line 17: before "am." insert "2.".

SB93-AA4,19,8 27. Page 54, line 18: delete the material beginning with ", the state" and ending with "college" on line 19.

SB93-AA4,19,9 28. Page 54, line 21: delete ", state, local governmental unit".

SB93-AA4,19,11 29. Page 54, line 21: delete ", local governmental unit" and substitute ", or local governmental unit".

SB93-AA4,19,14 30. Page 57, line 13: before "Any individual" insert " Any individual who knowingly possesses a firearm at a place that the individual knows, or has reasonable cause to believe, is in a school forest is guilty of a Class C misdemeanor.".

SB93-AA4,19,16 31. Page 57, line 15: delete "is subject to a Class B forfeiture" and substitute "is guilty of a Class C misdemeanor".

SB93-AA4,19,18 32. Page 57, line 16: delete the material beginning with that line and ending with page 58, line 9.

SB93-AA4,19,19 33. Page 58, line 12: after that line insert:

SB93-AA4,19,20 " Section 97m. 971.17 (1g) of the statutes is amended to read:

SB93-AA4,20,2 971.17 (1g) If the defendant under sub. (1) is found not guilty of a felony or a violent nonfelony offense, as defined in s. 941.29 (1g), by reason of mental disease or defect, the court shall inform the defendant of the requirements and penalties under s. 941.29.".

SB93-AA4,20,3 34. Page 59, line 2: after that line insert:

SB93-AA4,20,4 " Section 99p. 973.176 (1) of the statutes is amended to read:

SB93-AA4,20,8 973.176 (1) Firearm possession. Whenever a court imposes a sentence or places a defendant on probation regarding a felony conviction for a felony or for a violent nonfelony offense, as defined in s. 941.29 (1g), the court shall inform the defendant of the requirements and penalties under s. 941.29.".

SB93-AA4,20,9 35. Page 60, line 1: before that line insert:

SB93-AA4,20,10 " Section 100m. Initial applicability.

SB93-AA4,20,17 (1) The treatment of sections 175.33 and 175.35 (2) (intro.) and (a) to (d), (2b), (2c) (a) (intro.) and (b), (2g) (c) (intro.) and 4. c., (2i), and (2k) (aL) 1. and 3., (ar) (intro), 1., and 2., (b) 2. a. and b., and (h) of the statutes, the renumbering of section 175.35 (2j) of the statutes, the renumbering and amendment of section 175.35 (2g) (b) and (3) of the statutes, and the creation of section 175.35 (2g) (b) 2., (2j) (b), and (3) (a) of the statutes first apply to sales or transfers of ownership of firearms that occur on the effective date of this subsection.

SB93-AA4,20,21 (2) The treatment of sections 938.341, 938.396 (2g) (n), 971.17 (1g), and 973.176 (1) of the statutes first applies to delinquency adjudications, findings of not guilty by reason of mental disease or defect, and convictions occurring on the effective date of this subsection.".

SB93-AA4,20,22 (End)