Amendment SSA1-SB169

SB169-SSA1,9,3 175.60 (5) (a) (intro.) The department shall design an application form for use by individuals who apply for a license under this section and a renewal form for use by individuals applying for renewal of a license under sub. (15). The department shall complete the design of the application form no later than September 1, 2011, and shall complete the design of the renewal form no later than July 1, 2014. The forms shall require the applicant to provide only his or her name, address, date of birth, state identification card number, race, sex, height, and eye color and shall include all of the following:

SB169-SSA1,9,5 1. A statement that the applicant is ineligible for a license if sub. (3) (a), (b), (c), (d), (e), (f), or (g) applies to the applicant.

SB169-SSA1,34 Section 34 . 175.60 (5) (a) 6. of the statutes is amended to read:

SB169-SSA1,9,12 175.60 (5) (a) 6. A statement of the places under sub. (16) s. 941.235 where a licensee is prohibited from carrying a weapon, as well as an explanation of the provisions under sub. (15m) and ss. s. 943.13 (1m) (c) and 948.605 (2) (b) 1r. (1n) that could limit the places where the licensee may carry a weapon, with a place for the applicant to sign his or her name to indicate that he or she has read and understands the statement.

SB169-SSA1,35 Section 35 . 175.60 (9) (b) 2. of the statutes is amended to read:

SB169-SSA1,9,17 175.60 (9) (b) 2. Deny the application, but only if sub. (3) (a), (b), (c), (d), (e), (f), or (g) applies to the applicant. If the department denies the application, the department shall inform the applicant in writing, stating the reason and factual basis for the denial.

SB169-SSA1,36 Section 36 . 175.60 (11) (b) 1. of the statutes is renumbered 175.60 (11) (b) and amended to read:

SB169-SSA1,9,23 175.60 (11) (b) No later than 30 days after changing his or her address, a licensee shall inform the department of the new address. The department shall include the individual's new address in the list under sub. (12) (a). The penalty under s. 939.61 does not apply to a violation under this paragraph.

SB169-SSA1,37 Section 37 . 175.60 (11) (b) 2., 3. and 4. of the statutes are repealed.

SB169-SSA1,38 Section 38. 175.60 (12) (b) 1. a. and b. of the statutes are renumbered 175.60 (12) (b) 2. a. and b.

SB169-SSA1,39 Section 39 . 175.60 (12) (b) 2. of the statutes is renumbered 175.60 (12) (b) 2. (intro.) and amended to read:

SB169-SSA1,10,7 175.60 (12) (b) 2. (intro.) A person who is a law enforcement officer in a state other than Wisconsin may request and be provided information under subd. 1. a. and b. only for one of the following purposes:

SB169-SSA1,40 Section 40 . 175.60 (14) (a) and (am) of the statutes are amended to read:

SB169-SSA1,10,10 175.60 (14) (a) The department shall revoke a license issued under this section if the department determines that sub. (3) (b), (c), (e), (f), or (g) applies to the licensee.

SB169-SSA1,10,18 (am) The department shall suspend a license issued under this section if a court has prohibited the licensee from possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c). If the individual whose license was suspended is no longer subject to the prohibition under s. 969.02 (3) (c) or 969.03 (1) (c), whichever is applicable, sub. (3) (b), (c), (d), (e), (f), or (g) does not apply to the individual, and the suspended license would not have expired under sub. (15) (a) had it not been suspended, the department shall restore the license within 5 business days of notification that the licensee is no longer subject to the prohibition.

SB169-SSA1,41 Section 41 . 175.60 (15m) of the statutes is renumbered 103.08 and amended to read:

SB169-SSA1,11,2 103.08 Employer restrictions on carrying a weapon. (1) Except as provided in par. (b) sub. (2), an employer may prohibit a licensee or an out-of-state licensee that it employs an employee from carrying a concealed weapon or a particular type of concealed weapon in the course of the licensee's or out-of-state licensee's employee's employment or during any part of the licensee's or out-of-state licensee's employee's course of employment.

SB169-SSA1,11,9 (2) An employer may not prohibit a licensee or an out-of-state licensee an employee or another person, as a condition of employment of the employee, from carrying a concealed weapon, a particular type of concealed weapon, or ammunition or from storing a weapon, a particular type of weapon, or ammunition in the licensee's or out-of-state licensee's an employee's own motor vehicle, regardless of whether the motor vehicle is used in the course of employment or whether the motor vehicle is driven or parked on property used by the employer.

SB169-SSA1,42 Section 42 . 175.60 (16) (title) and (b) (intro.) of the statutes are repealed.

SB169-SSA1,43 Section 43 . 175.60 (16) (a) and (b) 1., 2. and 3. of the statutes are renumbered 941.235 (1g) and (2) (f), (g) and (h), and 941.235 (1g) (intro.) and (2) (f), (g) and (h), as renumbered, are amended to read:

SB169-SSA1,11,17 941.235 (1g) (intro.) Except as provided in par. (b), neither a licensee nor an out-of-state licensee may sub. (2), any person who knowingly carry carries a concealed weapon, a weapon that is not concealed, or a firearm that is not a weapon in any of the following places is guilty of a Class C misdemeanor:

SB169-SSA1,11,20 (2) (f) A weapon firearm in a vehicle driven or parked in a parking facility located in a building that is used as, or any portion of which is used as, a location under par. (a) sub. (1g).

SB169-SSA1,11,24 (g) A weapon firearm in a courthouse or courtroom if a judge who is a licensee is carrying the weapon or if another licensee or out-of-state licensee individual, whom a judge has permitted in writing to carry a weapon firearm, is carrying the weapon firearm.

SB169-SSA1,12,2 (h) A weapon firearm in a courthouse or courtroom if a district attorney, or an assistant district attorney, who is a licensee is carrying the weapon firearm.

SB169-SSA1,44 Section 44 . 175.60 (17) (a), (ac) and (b) of the statutes are repealed.

SB169-SSA1,45 Section 45 . 175.60 (21) (c) of the statutes is renumbered 103.08 (3) and amended to read:

SB169-SSA1,12,8 103.08 (3) An employer that does not prohibit one or more employees from carrying a concealed weapon under sub. (15m) (1) is immune from any liability arising from its decision.

SB169-SSA1,46 Section 46 . 440.26 (3m) of the statutes is repealed.

SB169-SSA1,47 Section 47. 938.78 (3) of the statutes is amended to read:

SB169-SSA1,13,6 938.78 (3) Release of information when escape or absence; rules. If a juvenile adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need of protection or services under s. 48.13 (12), 1993 stats., or s. 48.13 (14), 1993 stats., or s. 938.13 (12) or (14) on the basis of a violation of s. 943.23 (1m) or (1r), 1999 stats., or s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.231, 941.235, 941.237, 941.26, 941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a), 943.23 (1g), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.085 (2), 948.60, 948.605, or 948.61 or any crime specified in ch. 940 has escaped from a juvenile correctional facility, residential care center for children and youth, inpatient facility, as defined in s. 51.01 (10), juvenile detention facility, or juvenile portion of a county jail, or from the custody of a peace officer or a guard of such a facility, center, or jail, or has been allowed to leave a juvenile correctional facility, residential care center for children and youth, inpatient facility, juvenile detention facility, or juvenile portion of a county jail for a specified time period and is absent from the facility, center, home, or jail for more than 12 hours after the expiration of the specified period, the department of corrections or county department, whichever has supervision over the juvenile, may release the juvenile's name and any information about the juvenile that is necessary for the protection of the public or to secure the juvenile's return to the facility, center, home, or jail. The department of corrections shall promulgate rules establishing guidelines for the release of the juvenile's name or information about the juvenile to the public.

SB169-SSA1,48 Section 48 . 939.22 (10) of the statutes is amended to read:

SB169-SSA1,13,14 939.22 (10) “Dangerous weapon" means any firearm, whether loaded or unloaded; any device designed as a weapon and capable of producing death or great bodily harm; any ligature or other instrumentality used on the throat, neck, nose, or mouth of another person to impede, partially or completely, breathing or circulation of blood; any electric weapon, as defined in s. 941.295 (1c) (a); or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm.

SB169-SSA1,49 Section 49 . 939.22 (11m) of the statutes is created to read:

SB169-SSA1,13,18 939.22 (11m) “Electric weapon” means any device that is designed, redesigned, used, or intended to be used, offensively or defensively, to immobilize or incapacitate persons by the use of electric current.

SB169-SSA1,50 Section 50 . 939.22 (20s) of the statutes is repealed.

SB169-SSA1,51 Section 51 . 939.32 (1) (e) of the statutes is amended to read:

SB169-SSA1,13,22 939.32 (1) (e) Whoever attempts to commit a crime under s. 948.605 (3) (a) is subject to the penalty provided in that paragraph for the completed act.

SB169-SSA1,52 Section 52. 939.632 (1) (e) 3. of the statutes is amended to read:

SB169-SSA1,13,25 939.632 (1) (e) 3. Any misdemeanor under s. 940.19 (1), 940.225 (3m), 940.32 (2), 940.42, 940.44, 941.20 (1), 941.23, 941.231, 941.235, or 941.38 (3).

SB169-SSA1,53 Section 53. 941.23 of the statutes is repealed.

SB169-SSA1,54 Section 54. 941.235 (1) and (2) (e) of the statutes are repealed.

SB169-SSA1,55 Section 55 . 941.235 (2) (c) and (d) of the statutes are amended to read:

SB169-SSA1,14,6 941.235 (2) (c) A qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (g), to whom s. 941.23 (2) (b) 1. to 3. applies who is in compliance with 18 USC 926B.

SB169-SSA1,14,8 (d) A former law enforcement officer, as defined in s. 941.23 (1) (c), to whom s. 941.23 (2) (c) 1. to 7. applies who is in compliance with 18 USC 926C.

SB169-SSA1,56 Section 56 . 941.237 (1) (intro.) and (e) of the statutes are consolidated, renumbered 941.237 (1) and amended to read:

SB169-SSA1,14,12 941.237 (1) In this section: (e) “Premises", “premises” has the meaning given in s. 125.02 (14m), but excludes any area primarily used as a residence.

SB169-SSA1,57 Section 57 . 941.237 (1) (a) to (dr) and (em) to (g) of the statutes are repealed.

SB169-SSA1,58 Section 58 . 941.237 (2) of the statutes is amended to read:

SB169-SSA1,14,17 941.237 (2) Whoever intentionally goes armed with a handgun on any premises for which a Class “B" or “Class B" license or permit has been issued under ch. 125, while consuming alcohol on the premises, is guilty of a Class A misdemeanor.

SB169-SSA1,59 Section 59 . 941.237 (3) of the statutes is repealed.

SB169-SSA1,60 Section 60 . 941.29 (1g) (a) of the statutes is renumbered 941.29 (1g) (av).

SB169-SSA1,61 Section 61 . 941.29 (1g) (af) of the statutes is created to read:

SB169-SSA1,14,22 941.29 (1g) (af) “Firearm” does not include an antique firearm under 18 USC 921 (a) (16).

SB169-SSA1,62 Section 62 . 941.295 of the statutes is repealed and recreated to read:

SB169-SSA1,15,3 941.295 Possession of electric weapon. A person prohibited from possessing a firearm under s. 941.29 who sells, transports, manufactures, possesses, or goes armed with any electric weapon is guilty of a Class H felony.

SB169-SSA1,63 Section 63. 941.299 (1) (a) of the statutes is amended to read:

SB169-SSA1,15,7 941.299 (1) (a) “Correctional officer" has the meaning given in s. 941.237 (1) (b) means any person employed by the state or any political subdivision as a guard or officer whose principal duties are the supervision and discipline of inmates.

SB169-SSA1,64 Section 64 . 943.13 (1e) (g) of the statutes is created to read:

SB169-SSA1,15,9 943.13 (1e) (g) “School” has the meaning given in s. 948.61 (1) (b).

SB169-SSA1,65 Section 65 . 943.13 (1m) (c) 2. and 4. of the statutes are amended to read:

SB169-SSA1,15,22 943.13 (1m) (c) 2. While carrying a firearm, enters or remains in any part of a nonresidential building, grounds of a nonresidential building, or land that the actor does not own or occupy after the owner of the building, grounds, or land, if that part of the building, grounds, or land has not been leased to another person, or the occupant of that part of the building, grounds, or land has notified the actor not to enter or remain in that part of the building, grounds, or land while carrying a firearm or with that type of firearm. This subdivision does not apply to a part of a building, grounds, or land occupied by a school or by the state or by a local governmental unit,; to a privately or publicly owned building on the grounds of a university or college,; or to the grounds of or land owned or occupied by a university or college,; or, if the firearm is in a vehicle driven or parked in the parking facility, to any part of a building, grounds, or land used as a parking facility.

SB169-SSA1,16,5 4. While carrying a firearm, enters or remains in any part of a building that is owned, occupied, or controlled by the state or any local governmental unit, excluding any building or portion of a building under s. 175.60 (16) (a) 941.235 (1g) or a school, if the state or local governmental unit has notified the actor not to enter or remain in the building while carrying a firearm or with that type of firearm. This subdivision does not apply to a person who leases residential or business premises in the building or, if the firearm is in a vehicle driven or parked in the parking facility, to any part of the building used as a parking facility.

SB169-SSA1,66 Section 66 . 943.13 (1n) of the statutes is created to read:

SB169-SSA1,16,11 943.13 (1n) (a) A person who, while carrying a firearm, enters or remains in a building that is owned or leased by a school is guilty of a Class C misdemeanor if the school has notified the person not to enter or remain in the building while carrying a firearm or with that type of firearm. This paragraph does not apply to any of the following:

SB169-SSA1,16,12 1. A person who is violating s. 948.605.

SB169-SSA1,16,16 2. A licensee who carries a firearm in a building, or part of a building, used for parking if the firearm is in or within 5 feet of a vehicle driven or parked in that building or part of the building if the licensee drove the vehicle or is or will be a passenger in the vehicle.

SB169-SSA1,16,20 (b) A person who, while carrying a firearm, enters or remains on the grounds of a school, excluding a school building, is guilty of a Class B forfeiture if the school has notified the person not to enter or remain on the grounds while carrying a firearm or with that type of firearm. This paragraph does not apply to any of the following:

SB169-SSA1,16,21 1. A person who is violating s. 948.605.

SB169-SSA1,16,24 2. A licensee who carries a firearm on the grounds of a school if the firearm is in or within 5 feet of a vehicle driven or parked on the grounds if the licensee drove the vehicle or is or will be a passenger in the vehicle.

SB169-SSA1,17,2 3. A licensee on the grounds of a school when there are no classes or school activities occurring at the school.

SB169-SSA1,67 Section 67 . 943.13 (1p) of the statutes is created to read:

SB169-SSA1,17,7 943.13 (1p) Unless sub. (1m) (c) or (1n) specifically allows a person to prohibit entering or remaining in or at the location while carrying a firearm, an individual does not violate this section only because he or she is carrying a firearm while entering or remaining in or at a location.

SB169-SSA1,68 Section 68 . 943.13 (2) (bm) 3. of the statutes is created to read:

SB169-SSA1,17,14 943.13 (2) (bm) 3. a. For the purposes of sub. (1n) (a), a school has notified a person not to enter or remain in a part of the building while carrying a firearm or with a particular type of firearm if the school has posted a sign that is located in a prominent place near all of the entrances to the part of the building to which the restriction applies and any person entering the building can be reasonably expected to see the sign.

SB169-SSA1,17,19 b. For the purposes of sub. (1n) (b), a school has notified a person not to enter or remain on the grounds while carrying a firearm or with a particular type of firearm if the school has posted a sign that is located in a prominent place near all of the probable access points to the grounds to which the restriction applies and any person entering the grounds can be reasonably expected to see the sign.

SB169-SSA1,69 Section 69 . 943.13 (4m) (am) of the statutes is renumbered 943.13 (4m).

SB169-SSA1,70 Section 70 . 943.13 (4m) (bm) of the statutes is renumbered 943.13 (1n) (c) and amended to read:

SB169-SSA1,18,6 943.13 (1n) (c) Subsection (1m) (c) 2. and 4. This subsection does not apply to a law enforcement officer employed in this state by a public agency to whom s. 941.23 (1) (g) 2. to 5. and (2) (b) 1. to 3. applies who is in compliance with 18 USC 926B, to a qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (g), to whom s. 941.23 (2) (b) 1. to 3. applies who is in compliance with 18 USC 926B, or to a former law enforcement officer, as defined in s. 941.23 (1) (c), to whom s. 941.23 (2) (c) 1. to 7. applies if the law enforcement officer, the qualified out-of-state law enforcement officer, or the former officer is in or on the grounds of a school, as defined in s. 948.61 (1) (b) who is in compliance with 18 USC 926C.

SB169-SSA1,71 Section 71 . 947.01 (2) of the statutes is amended to read:

SB169-SSA1,18,13 947.01 (2) Unless other facts and circumstances that indicate a criminal or malicious intent on the part of the person apply, a person is not in violation of, and may not be charged with a violation of, this section for loading a firearm, or for carrying or going armed with a firearm, an electric weapon, or a knife, without regard to whether the firearm is loaded or the firearm, the electric weapon, or the knife is concealed or openly carried.

SB169-SSA1,72 Section 72 . 948.60 (1) of the statutes is amended to read:

SB169-SSA1,18,23 948.60 (1) In this section, “dangerous weapon" means any firearm, loaded or unloaded; any electric weapon, as defined in s. 941.295 (1c) (a); metallic knuckles or knuckles of any substance which could be put to the same use with the same or similar effect as metallic knuckles; a nunchaku or any similar weapon consisting of 2 sticks of wood, plastic or metal connected at one end by a length of rope, chain, wire or leather; a cestus or similar material weighted with metal or other substance and worn on the hand; a shuriken or any similar pointed star-like object intended to injure a person when thrown; or a manrikigusari or similar length of chain having weighted ends.

SB169-SSA1,73 Section 73 . 948.605 of the statutes is repealed and recreated to read:

SB169-SSA1,19,2 948.605 Gun-free school zones. (1) Any person who knowingly possesses a firearm in violation of 18 USC 922 (q) is guilty of the following:

SB169-SSA1,19,4 (a) A Class C misdemeanor if the person is in a building that is owned or leased by a school.

SB169-SSA1,19,5 (b) A Class B forfeiture if the person is on the grounds of a school.

SB169-SSA1,19,6 (2) (a) Subsection (1) does not apply to any of the following:

SB169-SSA1,19,9 1. A person who possesses a firearm in or within 5 feet of a vehicle driven or parked in a building or on the grounds of a school if the person drove the vehicle or is or will be a passenger in the vehicle.

SB169-SSA1,19,10 2. A former law enforcement officer who is in compliance with 18 USC 926C.