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".
SB93-SSA1-SA1,5,11 1124. Page 30, line 13: after that line insert:
SB93-SSA1-SA1,5,13 12" Section 60d. 941.29 (1) of the statutes is renumbered 941.29 (1m) and
13amended to read:
SB93-SSA1-SA1,5,1614 941.29 (1m) A person is subject to the requirements and penalties of this
15section if he or she has been
who possesses a firearm is guilty of a Class G felony if
16any of the following applies
:
SB93-SSA1-SA1,5,1717 (a) Convicted The person has been convicted of a felony in this state.
SB93-SSA1-SA1,5,1918 (b) Convicted The person has been convicted of a crime elsewhere that would
19be a felony if committed in this state.
SB93-SSA1-SA1,5,2220 (bm) Adjudicated The person has been adjudicated delinquent for an act
21committed on or after April 21, 1994, that if committed by an adult in this state would
22be a felony.
SB93-SSA1-SA1,5,2423 (c) Found The person has been found not guilty of a felony in this state by reason
24of mental disease or defect.
SB93-SSA1-SA1,6,3
1(d) Found The person has been found not guilty of or not responsible for a crime
2elsewhere that would be a felony in this state by reason of insanity or mental disease,
3defect or illness.
SB93-SSA1-SA1,6,54 (e) Committed The person has been committed for treatment under s. 51.20 (13)
5(a) and ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 2007 stats.
SB93-SSA1-SA1,6,76 (em) Ordered The person is subject to an order not to possess a firearm under
7s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a).
SB93-SSA1-SA1,6,138 (f) Enjoined under The person is subject to an injunction issued under s. 813.12
9or 813.122 or under a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court
10established by any federally recognized Wisconsin Indian tribe or band, except the
11Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he
12or she is subject to the requirements and penalties under s. 941.29 and that has been
13filed under s. 806.247 (3).
SB93-SSA1-SA1,6,1514 (g) Ordered The person is subject to an order not to possess a firearm under s.
15813.125 (4m).
SB93-SSA1-SA1, s. 60f 16Section 60f. 941.29 (1c) of the statutes is created to read:
SB93-SSA1-SA1,6,1917 941.29 (1c) In this section, "misdemeanor crime of domestic violence" means
18a misdemeanor for which the court has made a finding under s. 971.17 (1g) (b) or
19973.136 (2) that it was a misdemeanor crime of domestic violence.
SB93-SSA1-SA1, s. 60h 20Section 60h. 941.29 (1m) (ag) of the statutes is created to read:
SB93-SSA1-SA1,6,2221 941.29 (1m) (ag) The person has been convicted on or after the effective date
22of this paragraph .... [LRB inserts date], of a misdemeanor crime of domestic violence.
SB93-SSA1-SA1, s. 60j 23Section 60j. 941.29 (1m) (cm) of the statutes is created to read:
SB93-SSA1-SA1,7,3
1941.29 (1m) (cm) The person has been found not guilty by reason of mental
2disease or defect on or after the effective date of this paragraph .... [LRB inserts date],
3of a misdemeanor crime of domestic violence.
SB93-SSA1-SA1, s. 60L 4Section 60L. 941.29 (2) of the statutes is repealed.
SB93-SSA1-SA1, s. 60n 5Section 60n. 941.29 (3) of the statutes is amended to read:
SB93-SSA1-SA1,7,76 941.29 (3) Any firearm involved in an offense under sub. (2) this section is
7subject to s. 968.20 (3).
SB93-SSA1-SA1, s. 60q 8Section 60q. 941.29 (4) of the statutes is amended to read:
SB93-SSA1-SA1,7,119 941.29 (4) A person is concerned with the commission of a crime, as specified
10in s. 939.05 (2) (b), in violation of this section if he or she knowingly furnishes a person
11with a firearm in violation of sub. (2) this section.
SB93-SSA1-SA1, s. 60rg 12Section 60rg. 941.29 (5) (intro.) of the statutes is amended to read:
SB93-SSA1-SA1,7,1413 941.29 (5) (intro.) This section does not apply to any person specified in sub.
14(1) (1m) who:
SB93-SSA1-SA1, s. 60rr 15Section 60rr. 941.29 (5) (a) of the statutes is amended to read:
SB93-SSA1-SA1,7,1816 941.29 (5) (a) Has received a pardon with respect to the crime or felony specified
17in sub. (1) (1m) and has been expressly authorized to possess a firearm under 18 USC
18app. 1203; or
SB93-SSA1-SA1, s. 60sg 19Section 60sg. 941.29 (8) of the statutes is amended to read:
SB93-SSA1-SA1,7,2420 941.29 (8) This section does not apply to any person specified in sub. (1) (1m)
21(bm) if a court subsequently determines that the person is not likely to act in a
22manner dangerous to public safety. In any action or proceeding regarding this
23determination, the person has the burden of proving by a preponderance of the
24evidence that he or she is not likely to act in a manner dangerous to public safety.
SB93-SSA1-SA1, s. 60sr 25Section 60sr. 941.29 (9) (a) of the statutes is amended to read:
SB93-SSA1-SA1,8,3
1941.29 (9) (a) This section does not apply to a person specified in sub. (1) (1m)
2(e) if the prohibition under s. 51.20 (13) (cv) 1., 2007 stats., has been canceled under
3s. 51.20 (13) (cv) 2. or (16) (gm), 2007 stats., or under s. 51.20 (13) (cv) 1m. c.
SB93-SSA1-SA1, s. 60sv 4Section 60sv. 941.29 (9) (b) of the statutes is amended to read:
SB93-SSA1-SA1,8,95 941.29 (9) (b) This section does not apply to a person specified in sub. (1) (1m)
6(em) if the order under s. 51.30 51.20 (13) (cv) 1. is canceled under s. 51.20 (13) (cv)
71m. c., if the order under s. 51.45 (13) (i) 1. is canceled under s. 51.45 (13) (i) 2. c., if
8the order under s. 54.10 (3) (f) 1. is canceled under s. 54.10 (3) (f) 2. c., or if the order
9under s. 55.12 (10) (a) is canceled under s. 55.12 (10) (b) 3.
SB93-SSA1-SA1, s. 60tg 10Section 60tg. 941.29 (10) (intro.) of the statutes is amended to read:
SB93-SSA1-SA1,8,1311 941.29 (10) (intro.) The prohibition against firearm possession under this
12section does not apply to a person specified in sub. (1) (1m) (f) if the person satisfies
13any of the following:".
SB93-SSA1-SA1,8,14 1425. Page 31, line 5: delete "(1m) (c)" and substitute "(1n)".
SB93-SSA1-SA1,8,15 1526. Page 31, line 6: delete that line and substitute:
SB93-SSA1-SA1,8,17 16"943.13 (1n) Whoever does any of the following is guilty of a Class A
17misdemeanor:
SB93-SSA1-SA1,8,1818 (a) While carrying a firearm, enters or remains at a residence".
SB93-SSA1-SA1,8,22 1927. Page 31, line 9: after "firearm" insert ", or, while carrying a firearm, enters
20or remains in a residence that is not a single-family residence and that the actor does
21not occupy if the owner of the residence has notified the actor not to enter or remain
22at the residence while carrying a firearm".
SB93-SSA1-SA1,8,23 2328. Page 31, line 10: delete "subdivision" and substitute "paragraph".
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