LRBa1146/1
CMH:cjs:md
2011 - 2012 LEGISLATURE
SENATE AMENDMENT 1,
TO SENATE SUBSTITUTE AMENDMENT 1,
TO 2011 SENATE BILL 93
May 25, 2011 - Offered by Senators Risser and Erpenbach.
SB93-SSA1-SA1,1,11 At the locations indicated, amend the substitute amendment as follows:
SB93-SSA1-SA1,1,2 21. Page 7, line 2: after that line insert:
SB93-SSA1-SA1,1,3 3" Section 19p. 165.25 (13) of the statutes is created to read:
SB93-SSA1-SA1,1,84 165.25 (13) Certify accuracy of background checks for optional licenses to
5carry concealed weapons.
Certify that a background check, as defined in s. 175.60
6(1) (ac), is accessing and including at least 95 percent of the information necessary
7to determine if an individual who is applying for a license under s. 175.60 is ineligible
8under s. 175.60 (3) (b) or (c).".
SB93-SSA1-SA1,1,9 92. Page 13, line 13: after that line insert:
SB93-SSA1-SA1,1,10 10"(cm) The individual has been convicted of a misdemeanor violation of ch. 961.".
SB93-SSA1-SA1,1,11 113. Page 14, line 1: after "(c)," insert "(cm),".
SB93-SSA1-SA1,2,1
14. Page 14, line 16: delete "(1m) (c)" and substitute "(1n)".
SB93-SSA1-SA1,2,3 25. Page 14, line 22: delete the material beginning with ", by mail" and ending
3with "by the department," on line 23 and substitute "in person".
SB93-SSA1-SA1,2,4 46. Page 15, line 8: after that line insert:
SB93-SSA1-SA1,2,8 5"(e) A certificate that indicates that he or she completed a firearms safety
6course that was taught by a firearms safety instructor who has been certified by the
7department, that was of a duration of at least 10 hours, and that included training
8in all of the following:
SB93-SSA1-SA1,2,99 1. Understanding of firearms.
SB93-SSA1-SA1,2,1010 2. How to carry a firearm safely.
SB93-SSA1-SA1,2,1211 3. How to care for, handle, load, unload, clean, and store firearms and firearms
12equipment.
SB93-SSA1-SA1,2,1313 4. How to handle firearms emergencies.
SB93-SSA1-SA1,2,1414 5. The fundamentals of marksmanship.".
SB93-SSA1-SA1,2,15 157. Page 15, line 15: after "(c)," insert "(cm),".
SB93-SSA1-SA1,2,16 168. Page 16, line 1: delete "(b) or (c)" and substitute "(b), (c), or (cm)".
SB93-SSA1-SA1,2,17 179. Page 16, line 3: delete "(b) or (c)" and substitute "(b), (c), or (cm)".
SB93-SSA1-SA1,2,19 1810. Page 18, line 1: delete "Subject to par. (b) 2." and substitute "Except as
19provided in pars. (b) and (c)".
SB93-SSA1-SA1,2,20 2011. Page 18, line 4: after that line insert:
SB93-SSA1-SA1,2,22 21"(b) The department shall provide a law enforcement agency access to the
22records the department maintains under par. (a).
SB93-SSA1-SA1,3,2
1(c) All records or portions of records that the department maintains under par.
2(a) are subject to inspection and copying under s. 19.35 (1).".
SB93-SSA1-SA1,3,4 312. Page 18, line 5: delete the material beginning with that line and ending
4with page 19, line 21.
SB93-SSA1-SA1,3,5 513. Page 20, line 8: after "(c)," insert "(cm),".
SB93-SSA1-SA1,3,6 614. Page 20, line 13: after "(b), (c)," insert "(cm),".
SB93-SSA1-SA1,3,7 715. Page 23, line 19: after that line insert:
SB93-SSA1-SA1,3,11 8"5. Submits a certificate that indicates that he or she completed a firearms
9safety course that was taught by a firearms safety instructor who has been certified
10by the department, that was of a duration of at least 8 hours, and that provided
11continuing firearms education.".
SB93-SSA1-SA1,3,12 1216. Page 24, line 3: delete "(e), (12), or (12g)" and substitute "(e) or (12) (a)".
SB93-SSA1-SA1,3,13 1317. Page 24, line 6: delete lines 6 to 10.
SB93-SSA1-SA1,3,14 1418. Page 27, line 5: after that line insert:
SB93-SSA1-SA1,3,15 15" Section 51p. 938.396 (2g) (d) of the statutes is amended to read:
SB93-SSA1-SA1,4,216 938.396 (2g) (d) Bail; impeachment; firearm possession. Upon request of a
17court of criminal jurisdiction or a district attorney to review court records for the
18purpose of setting bail under ch. 969, impeaching a witness under s. 906.09, or
19investigating and determining whether a person has possessed a firearm in violation
20of s. 941.29 (2) or body armor in violation of s. 941.291 (2) or upon request of a court
21of civil jurisdiction or the attorney for a party to a proceeding in that court to review
22court records for the purpose of impeaching a witness under s. 906.09, the court
23assigned to exercise jurisdiction under this chapter and ch. 48 shall open for

1inspection by authorized representatives of the requester the records of the court
2relating to any juvenile who has been the subject of a proceeding under this chapter.".
SB93-SSA1-SA1,4,3 319. Page 28, line 22: after that line insert:
SB93-SSA1-SA1,4,4 4" Section 55p. 939.632 (1) (e) 1. of the statutes is amended to read:
SB93-SSA1-SA1,4,95 939.632 (1) (e) 1. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09
6(1c), 940.19 (2), (4) or (5), 940.20 (1h), 940.21, 940.225 (1), (2) or (3), 940.235, 940.305,
7940.31, 941.20, 941.21, 943.02, 943.06, 943.10 (2), 943.23 (1g), 943.32 (2), 948.02 (1)
8or (2), 948.025, 948.03 (2) (a) or (c), 948.05, 948.051, 948.055, 948.07, 948.08, 948.085,
9or 948.30 (2) or under s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies.".
SB93-SSA1-SA1,4,10 1020. Page 28, line 25: after that line insert:
SB93-SSA1-SA1,4,11 11" Section 56g. 941.20 (1) (b) and (bm) of the statutes are amended to read:
SB93-SSA1-SA1,4,1312 941.20 (1) (b) Operates Except as provided in sub. (1h), operates or goes armed
13with a firearm while he or she is under the influence of an intoxicant ; or.
SB93-SSA1-SA1,4,2214 (bm) Operates Except as provided in sub. (1h), operates or goes armed with a
15firearm while he or she has a detectable amount of a restricted controlled substance
16in his or her blood. A defendant has a defense to any action under this paragraph
17that is based on the defendant allegedly having a detectable amount of
18methamphetamine, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol
19in his or her blood, if he or she proves by a preponderance of the evidence that at the
20time of the incident or occurrence he or she had a valid prescription for
21methamphetamine or one of its metabolic precursors, gamma-hydroxybutyric acid,
22or delta-9-tetrahydrocannabinol.
SB93-SSA1-SA1, s. 56r 23Section 56r. 941.20 (1h) of the statutes is created to read:
SB93-SSA1-SA1,5,2
1941.20 (1h) Whoever violates sub. (1) (b) or (bm) as a 2nd or subsequent offense
2is guilty of a Class I felony.".
SB93-SSA1-SA1,5,3 321. Page 29, line 14: after that line insert:
SB93-SSA1-SA1,5,5 4"5. Any building or part of a building that is used by a county department of
5human services.".
SB93-SSA1-SA1,5,7 622. Page 30, line 2: after "employment" insert ", including any period that the
7employee uses a car that is owned or leased by the business".
SB93-SSA1-SA1,5,10 823. Page 30, line 7: delete "or whether" and substitute ", except that an
9employer may prohibit an employee from carrying or storing any weapon or
10ammunition in the employee's own vehicle if".
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