Amendment SSA1-SB169

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SB169-SSA1,53 Section 53. 941.23 of the statutes is repealed.

SB169-SSA1,54 Section 54. 941.235 (1) and (2) (e) of the statutes are repealed.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SB169-SSA1,57 Section 57 . 941.237 (1) (a) to (dr) and (em) to (g) of the statutes are repealed.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SB169-SSA1,59 Section 59 . 941.237 (3) of the statutes is repealed.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SB169-SSA1,62 Section 62 . 941.295 of the statutes is repealed and recreated to read: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.

SB169-SSA1,19,13 (b) Subsection (1) (b) does not apply to a person who possesses a firearm on the grounds of a school when there are no classes or school activities occurring at the school.

SB169-SSA1,19,15 (3) This section does not apply if 18 USC 922 (q) is repealed by Congressional action.

SB169-SSA1,74 Section 74. 968.255 (1) (a) 2. of the statutes is amended to read:

SB169-SSA1,19,18 968.255 (1) (a) 2. A person arrested for any misdemeanor under s. 167.30 (1), 940.19, 941.20 (1), 941.23, 941.231, 941.237, 948.60, or 948.61.

SB169-SSA1,19,19 (End)