LRBa1291/1
CMH:kjf:ph
2011 - 2012 LEGISLATURE
SENATE AMENDMENT 5,
TO SENATE SUBSTITUTE AMENDMENT 2,
TO 2011 SENATE BILL 93
June 14, 2011 - Offered by Senators Erpenbach and Risser.
SB93-SSA2-SA5,1,11 At the locations indicated, amend the substitute amendment as follows:
SB93-SSA2-SA5,1,2 21. Page 21, line 6: delete lines 6 and 7.
SB93-SSA2-SA5,1,3 32. Page 21, line 11: delete "(b) 1r".
SB93-SSA2-SA5,1,4 43. Page 26, line 14: delete "(b) 1r.".
SB93-SSA2-SA5,1,5 54. Page 38, line 16: after that line insert:
SB93-SSA2-SA5,1,6 6"9. The state capitol building or the state capitol park.
SB93-SSA2-SA5,1,87 10. Any building or portion of a building that is owned, occupied, or controlled
8by the state or any political subdivision of the state.
SB93-SSA2-SA5,1,119 11. A clinic or office that is used by a physician licensed under ch. 448 or a
10building or portion of a building used by a health care facility, as defined in s. 150.84
11(2).
SB93-SSA2-SA5,2,2
112. Any church, synagogue, mosque, or other building, structure, or place
2primarily used for religious worship or another religious purpose.
SB93-SSA2-SA5,2,53 13. A building or any portion of a building that is used for a domestic violence
4victim services program or by an organization that provides a safe haven for victims
5of domestic violence.
SB93-SSA2-SA5,2,76 14. A place that is on the grounds of a University of Wisconsin institution or
7extension, a private college or university, or a technical college district.
SB93-SSA2-SA5,2,98 15. Any premises for which a Class "B" or "Class B" license or permit has been
9issued under ch. 125.
SB93-SSA2-SA5,2,1310 16. Any building or part of a building that is used to provide child care services,
11except that, if the building is a residence and the owner is a licensee, any weapon that
12is unloaded and securely locked or encased during the hours in which children are
13present for the child care services.
SB93-SSA2-SA5,2,1514 17. Any building or part of a building that is used by a county department of
15human services.
SB93-SSA2-SA5,2,1716 18. Any building or part of a building that is used as a nonprofit organization
17as described in section 501 (c) of the Internal Revenue Code.
SB93-SSA2-SA5,2,2018 19. Any venue, or stadium at which public sporting events or public concerts
19are held or any amusement park, except that if an event related to firearms is taking
20place and the weapon is being used at the event.
SB93-SSA2-SA5,2,2321 20. Any building or part of a building where bingo or a raffle under ch. 563 is
22conducted, where a lottery under ch. 565 is conducted, or where a race under ch. 562
23is conducted.
SB93-SSA2-SA5,2,2424 21. Any place that is within 1,000 feet of a polling place on an election day.
SB93-SSA2-SA5,2,2525 22. On any vehicle used for public transportation purposes.
SB93-SSA2-SA5,3,1
123. Any public library.
SB93-SSA2-SA5,3,42 24. Any common area in a building that is a residence that is not a
3single-family residence if the actor does not own the residence or does not occupy any
4part of the residence.".
SB93-SSA2-SA5,3,5 55. Page 38, line 24: after that line insert:
SB93-SSA2-SA5,3,9 6"4. A weapon on the premises described under par. (a) 15. if the individual
7carrying the weapon is the licensee, owner, or manager of the premises, or any
8employee or agent authorized to possess a weapon by the licensee, owner, or manager
9of the premises.".
SB93-SSA2-SA5,3,10 106. Page 43, line 19: after that line insert:
SB93-SSA2-SA5,3,11 11" Section 49g. 939.6185 of the statutes is created to read:
SB93-SSA2-SA5,3,18 12939.6185 Mandatory minimum sentence for illegally carrying a
13concealed weapon if previously convicted of violent felony.
If a person is
14convicted of a violation of s. 941.23 (2d) and the person has been previously convicted
15of a violent offense, as defined in s. 301.048 (2) (bm), the court shall impose a
16bifurcated sentence under s. 973.01. The term of confinement in prison portion of the
17bifurcated sentence shall be at least 3 years. Otherwise the penalties for the crime
18apply, subject to any applicable penalty enhancement.
SB93-SSA2-SA5, s. 49h 19Section 49h. 939.632 (1) (e) 3. of the statutes is amended to read:
SB93-SSA2-SA5,3,2120 939.632 (1) (e) 3. Any misdemeanor under s. 940.19 (1), 940.225 (3m), 940.32
21(2), 940.42, 940.44, 941.20 (1), 941.23 (2), 941.235, 941.24 or 941.38 (3).".
SB93-SSA2-SA5,3,22 227. Page 43, line 22: delete lines 22 to 24 and substitute:
SB93-SSA2-SA5,4,3
1"941.23 (2) (intro.) Any Except as provided in sub. (2d), any person, other than
2one of the following, who carries a concealed and dangerous weapon is guilty of a
3Class A misdemeanor:".
SB93-SSA2-SA5,4,4 48. Page 46, line 12: after that line insert:
SB93-SSA2-SA5,4,5 5" Section 55g. 941.23 (2d) of the statutes is created to read:
SB93-SSA2-SA5,4,86 941.23 (2d) A person who violates sub. (2), who is ineligible to possess a firearm
7as indicated by a search in the national instant criminal background check system,
8is guilty of a Class H felony.".
SB93-SSA2-SA5,4,9 99. Page 49, line 4: after that line insert:
SB93-SSA2-SA5,4,10 10" Section 64h. 941.2905 of the statutes is created to read:
SB93-SSA2-SA5,4,13 11941.2905 Straw purchase of firearm. (1) Whoever purchases a firearm for
12a person knowing that the person is prohibited from possessing a firearm under s.
13941.29 is guilty of a Class G felony.
SB93-SSA2-SA5,4,16 14(2) A person who possesses a firearm in violation of s. 941.29 (2) is guilty of a
15Class F felony if he or she knows that another person purchased the firearm for the
16person.".
SB93-SSA2-SA5,4,17 1710. Page 52, line 3: delete lines 3 to 10.
SB93-SSA2-SA5,4,18 1811. Page 53, line 3: delete lines 3 to 9.
SB93-SSA2-SA5,4,19 1912. Page 53, line 10: delete lines 10 to 15.
SB93-SSA2-SA5,4,20 2013. Page 54, line 8: after that line insert:
SB93-SSA2-SA5,4,22 21"1m. For purposes of sub. (1m) (c) 2. to 5. notice may be given as provided in
22subd. 2. or personally, either orally or in writing.".
SB93-SSA2-SA5,4,23 2314. Page 54, line 9: delete lines 9 to 16.
SB93-SSA2-SA5,5,1
115. Page 54, line 17: delete "2., 4., and 5." and substitute "2.".
SB93-SSA2-SA5,5,2 216. Page 54, line 17: before "am." insert "2.".
SB93-SSA2-SA5,5,4 317. Page 54, line 18: delete the material beginning with ", the state" and
4ending with "college" on line 19.
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