Amendment SA1-SSA1-SB93

SB93-SSA1-SA1,4,10 20. Page 28, line 25: after that line insert:

SB93-SSA1-SA1,4,11 " Section 56g. 941.20 (1) (b) and (bm) of the statutes are amended to read:

SB93-SSA1-SA1,4,13 941.20 (1) (b) Operates Except as provided in sub. (1h), operates or goes armed with a firearm while he or she is under the influence of an intoxicant ; or.

SB93-SSA1-SA1,4,22 (bm) Operates Except as provided in sub. (1h), operates or goes armed with a firearm while he or she has a detectable amount of a restricted controlled substance in his or her blood. A defendant has a defense to any action under this paragraph that is based on the defendant allegedly having a detectable amount of methamphetamine, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol in his or her blood, if he or she proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

SB93-SSA1-SA1, s. 56r Section 56r. 941.20 (1h) of the statutes is created to read:

SB93-SSA1-SA1,5,2 941.20 (1h) Whoever violates sub. (1) (b) or (bm) as a 2nd or subsequent offense is guilty of a Class I felony.".

SB93-SSA1-SA1,5,3 21. Page 29, line 14: after that line insert:

SB93-SSA1-SA1,5,5 "5. Any building or part of a building that is used by a county department of human services.".

SB93-SSA1-SA1,5,7 22. Page 30, line 2: after "employment" insert ", including any period that the employee uses a car that is owned or leased by the business".

SB93-SSA1-SA1,5,10 23. Page 30, line 7: delete "or whether" and substitute ", except that an employer may prohibit an employee from carrying or storing any weapon or ammunition in the employee's own vehicle if".

SB93-SSA1-SA1,5,11 24. Page 30, line 13: after that line insert:

SB93-SSA1-SA1,5,13 " Section 60d. 941.29 (1) of the statutes is renumbered 941.29 (1m) and amended to read:

SB93-SSA1-SA1,5,16 941.29 (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 applies:

SB93-SSA1-SA1,5,17 (a) Convicted The person has been convicted of a felony in this state.

SB93-SSA1-SA1,5,19 (b) Convicted The person has been convicted of a crime elsewhere that would be a felony if committed in this state.

SB93-SSA1-SA1,5,22 (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-SSA1-SA1,5,24 (c) Found The person has been found not guilty of a felony in this state by reason of mental disease or defect.

SB93-SSA1-SA1,6,3 (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-SSA1-SA1,6,5 (e) Committed The person has been committed for treatment under s. 51.20 (13) (a) and ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 2007 stats.

SB93-SSA1-SA1,6,7 (em) Ordered The person is subject to an order 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-SSA1-SA1,6,13 (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-SSA1-SA1,6,15 (g) Ordered The person is subject to an order not to possess a firearm under s. 813.125 (4m).

SB93-SSA1-SA1, s. 60f Section 60f. 941.29 (1c) of the statutes is created to read:

SB93-SSA1-SA1,6,19 941.29 (1c) In this section, "misdemeanor crime of domestic violence" means a misdemeanor for which the court has made a finding under s. 971.17 (1g) (b) or 973.136 (2) that it was a misdemeanor crime of domestic violence.

SB93-SSA1-SA1, s. 60h Section 60h. 941.29 (1m) (ag) of the statutes is created to read:

SB93-SSA1-SA1,6,22 941.29 (1m) (ag) The person has been convicted on or after the effective date of this paragraph .... [LRB inserts date], of a misdemeanor crime of domestic violence.

SB93-SSA1-SA1, s. 60j Section 60j. 941.29 (1m) (cm) of the statutes is created to read:

SB93-SSA1-SA1,7,3 941.29 (1m) (cm) The person has been found not guilty by reason of mental disease or defect on or after the effective date of this paragraph .... [LRB inserts date], of a misdemeanor crime of domestic violence.

SB93-SSA1-SA1, s. 60L Section 60L. 941.29 (2) of the statutes is repealed.

SB93-SSA1-SA1, s. 60n Section 60n. 941.29 (3) of the statutes is amended to read:

SB93-SSA1-SA1,7,7 941.29 (3) Any firearm involved in an offense under sub. (2) this section is subject to s. 968.20 (3).

SB93-SSA1-SA1, s. 60q Section 60q. 941.29 (4) of the statutes is amended to read:

SB93-SSA1-SA1,7,11 941.29 (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-SSA1-SA1, s. 60rg Section 60rg. 941.29 (5) (intro.) of the statutes is amended to read:

SB93-SSA1-SA1,7,14 941.29 (5) (intro.) This section does not apply to any person specified in sub. (1) (1m) who:

SB93-SSA1-SA1, s. 60rr Section 60rr. 941.29 (5) (a) of the statutes is amended to read:

SB93-SSA1-SA1,7,18 941.29 (5) (a) Has received a pardon with respect to the crime or felony specified in sub. (1) (1m) and has been expressly authorized to possess a firearm under 18 USC app. 1203; or

SB93-SSA1-SA1, s. 60sg Section 60sg. 941.29 (8) of the statutes is amended to read:

SB93-SSA1-SA1,7,24 941.29 (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-SSA1-SA1, s. 60sr Section 60sr. 941.29 (9) (a) of the statutes is amended to read:

SB93-SSA1-SA1,8,3 941.29 (9) (a) This section does not apply to a person specified in sub. (1) (1m) (e) if the prohibition under s. 51.20 (13) (cv) 1., 2007 stats., has been canceled under s. 51.20 (13) (cv) 2. or (16) (gm), 2007 stats., or under s. 51.20 (13) (cv) 1m. c.

SB93-SSA1-SA1, s. 60sv Section 60sv. 941.29 (9) (b) of the statutes is amended to read:

SB93-SSA1-SA1,8,9 941.29 (9) (b) This section does not apply to a person specified in sub. (1) (1m) (em) if the order under s. 51.30 51.20 (13) (cv) 1. is canceled under s. 51.20 (13) (cv) 1m. c., if the order under s. 51.45 (13) (i) 1. is canceled under s. 51.45 (13) (i) 2. c., if the order under s. 54.10 (3) (f) 1. is canceled under s. 54.10 (3) (f) 2. c., or if the order under s. 55.12 (10) (a) is canceled under s. 55.12 (10) (b) 3.

SB93-SSA1-SA1, s. 60tg Section 60tg. 941.29 (10) (intro.) of the statutes is amended to read:

SB93-SSA1-SA1,8,13 941.29 (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-SSA1-SA1,8,14 25. Page 31, line 5: delete "(1m) (c)" and substitute "(1n)".

SB93-SSA1-SA1,8,15 26. Page 31, line 6: delete that line and substitute:

SB93-SSA1-SA1,8,17 "943.13 (1n) Whoever does any of the following is guilty of a Class A misdemeanor:

SB93-SSA1-SA1,8,18 (a) While carrying a firearm, enters or remains at a residence".

SB93-SSA1-SA1,8,22 27. Page 31, line 9: after "firearm" insert ", or, while carrying a firearm, enters or remains in a residence that is not a single-family residence and that the actor does not occupy if the owner of the residence has notified the actor not to enter or remain at the residence while carrying a firearm".

SB93-SSA1-SA1,8,23 28. Page 31, line 10: delete "subdivision" and substitute "paragraph".

SB93-SSA1-SA1,8,24 29. Page 31, line 13: delete "does not include" and substitute "includes".

SB93-SSA1-SA1,9,1 30. Page 31, line 14: delete "located or" and substitute "located and".

SB93-SSA1-SA1,9,2 31. Page 31, line 16: delete "2." and substitute "(b)".

SB93-SSA1-SA1,9,3 32. Page 31, line 20: delete "subdivision" and substitute "paragraph".

SB93-SSA1-SA1,9,4 33. Page 31, line 24: delete "3." and substitute "(c)".

SB93-SSA1-SA1,9,5 34. Page 32, line 3: delete "subdivision" and substitute "paragraph".

SB93-SSA1-SA1,9,6 35. Page 33, line 1: before that line insert:

SB93-SSA1-SA1,9,11 "1m. For the purposes of sub. (1m) (c) 1., an owner of a residence has notified an individual not to enter or remain in a residence while carrying a firearm if the owner has posted a sign that is located in a prominent place near all of the entrances to the residence to which the restriction applies and any individual entering the residence can be reasonably expected to see the sign.".

SB93-SSA1-SA1,9,12 36. Page 33, line 1: delete "(1m) (c) 2." and substitute "(1n) (b)".

SB93-SSA1-SA1,9,13 37. Page 33, line 7: delete "(1m) (c) 3." and substitute "(1n) (c)".

SB93-SSA1-SA1,9,14 38. Page 36, line 15: after that line insert:

SB93-SSA1-SA1,9,15 " Section 86g. 971.17 (1g) of the statutes is renumbered 971.17 (1g) (a).

SB93-SSA1-SA1, s. 86i Section 86i. 971.17 (1g) (b) of the statutes is created to read:

SB93-SSA1-SA1,9,18 971.17 (1g) (b) 1. In this paragraph, "misdemeanor crime of domestic violence" has the meaning given in s. 973.136 (1).

SB93-SSA1-SA1,9,23 2. If the defendant under sub. (1) is found not guilty of a misdemeanor by reason of mental disease or defect, the court shall determine immediately after the finding, based on a preponderance of the evidence presented at trial and without a jury, if the offense is a misdemeanor crime of domestic violence. If the court determines that the offense is a misdemeanor crime of domestic violence, the court shall enter a finding to that effect in the record for purposes of determining whether the person is prohibited from possessing a firearm under s. 941.29 and shall inform the defendant of the requirements and penalties under s. 941.29.".

SB93-SSA1-SA1,10,4 39. Page 37, line 6: after that line insert:

SB93-SSA1-SA1,10,5 " Section 88m. 973.136 of the statutes is created to read:

SB93-SSA1-SA1,10,8 973.136 Prohibition for misdemeanor crime of domestic violence. (1) In this section, "misdemeanor crime of domestic violence" means a misdemeanor crime of domestic violence as defined in 18 USC 921 (a) (33).

SB93-SSA1-SA1,10,14 (2) If a person is convicted of a misdemeanor offense, the court shall determine immediately after the trial, based on a preponderance of the evidence presented at trial and without a jury, if the offense is a misdemeanor crime of domestic violence. If the court determines that the offense is a misdemeanor crime of domestic violence, the court shall enter a finding to that effect in the record for purposes of determining whether the person is prohibited from possessing a firearm under s. 941.29.".

SB93-SSA1-SA1,10,15 40. Page 37, line 7: after that line insert:

SB93-SSA1-SA1,10,16 " Section 89h. 973.176 (1) of the statutes is amended to read:

SB93-SSA1-SA1,10,21 973.176 (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 misdemeanor for which the court has made a finding under s. 973.136 (2) that it is a crime of domestic violence, the court shall inform the defendant of the requirements and penalties under s. 941.29.".

SB93-SSA1-SA1,10,22 41. Page 37, line 17: after that line insert:

SB93-SSA1-SA1,10,23 " Section 90h. Initial applicability.

SB93-SSA1-SA1,11,3 (1) The treatment of section 971.17 (1g) (b) of the statutes first applies to findings of not guilty by reason of mental disease or defect that occur on the effective date of this subsection.

SB93-SSA1-SA1,11,5 (2) The treatment of section 973.136 of the statutes first applies to convictions that occur on the effective date of this subsection.".

SB93-SSA1-SA1,11,6 (End)