SB328: Bill Text

4. The defendant was criminally liable for the present offense of murder committed by another, but his or her participation in the offense was relatively minor, although not so minor as to constitute a defense to prosecution.

5. The homicide was committed while the defendant was mentally or emotionally disturbed or under the influence of alcohol or any drug, although not to such an extent as to constitute a defense to prosecution.

6. Any other circumstance concerning the crime, the defendant's state of mind or condition at the time of the crime, or the defendant's character, background, or record that would be relevant to mitigation or punishment for the crime.

If there is a jury, the court must instruct the jury prior to its deliberations that the jury's sentencing determination must be unanimous or the court will not accept it. The court must further instruct the jury that if the jury does not agree on a sentence the court will sentence the defendant to life imprisonment and that under a sentence of life imprisonment the defendant will serve a minimum of 20 years in prison and that the judge will determine as part of the sentence whether the defendant will be eligible for release to extended supervision, and if so at what time after 20 years. Finally, upon motion from any party, the court must inform the jury whether the defendant is a repeat offender who is barred from ever being released to extended supervision.

If the jury unanimously determines that the defendant should be sentenced to death, the court must sentence the defendant to death. If the jury unanimously determines that the defendant should be sentenced to life imprisonment, or if the jury cannot agree on a sentence, the judge must sentence the defendant to life imprisonment and make a determination regarding the defendant's eligibility to petition for release to extended supervision, unless the defendant is permanently barred from release to extended supervision. If there is no jury, the court must review the evidence of mitigation and determine whether to sentence the defendant to death or to life imprisonment.

If after the finding of guilt and before sentencing the defendant files a motion alleging that he or she is mentally retarded and shows cause to believe that he or she is mentally retarded, the court must hold a hearing on the issue of mental retardation unless the defendant is being sentenced for a crime committed while the defendant was incarcerated under a criminal sentence. Under the bill, "mentally retarded" means having significantly subaverage general intellectual functioning that exists concurrently with deficits in adaptive behavior which were manifested before the age of 18 years. The court will withhold determination in the hearing on mental retardation until the sentence is determined. If the defendant is sentenced to death and the court finds that the defendant is mentally retarded, the court must set aside the sentence of death and instead sentence the defendant to life imprisonment. If the defendant is sentenced to life imprisonment, the court will not make a determination regarding mental retardation.

The court that imposes the death sentence sets the execution date. The secretary of corrections designates the executioner and at least 12 witnesses. The execution is by lethal injection. A death sentence may be stayed only by the governor or an appellate court.

Licenses to carry concealed weapons

Currently, no person other than a peace officer may carry a concealed and dangerous weapon. A person who violates this prohibition may be fined not more than $10,000 or imprisoned for not more than nine months or both.

In addition, current law prohibits being armed with a firearm while in a public building, in or on the grounds of a school, or within 1,000 feet of the grounds of a school. Current law also prohibits going armed with a handgun on any premises (such as a tavern) that has a license or permit to sell alcohol beverages for consumption on those premises. A person who violates these prohibitions may be fined not more than $10,000 or imprisoned for not more than nine months or both, except that a person who goes armed in a public building may be fined not more than $1,000 or imprisoned for not more than 90 days or both. Finally, current law prohibits the possession or transportation of a loaded or unencased firearm in or on a motorboat (if the motor is running), a vehicle, or an aircraft. A person who violates the prohibition relating to the possession or transportation of a firearm in or on a motorboat or a vehicle may be required to forfeit not more than $100. A person who violates the prohibition relating to possession or transportation of a firearm in or on an aircraft may be fined not more than $1,000 or imprisoned not more than 90 days or both.

Certain exceptions apply to each of the prohibitions relating to possessing or transporting firearms in specific places (firearm restriction areas) described in the preceding paragraph. Through these exceptions, peace officers are generally not subject to any of those prohibitions.

This bill creates a procedure by which certain persons may apply to a county sheriff for a license to carry a concealed weapon. Such a license authorizes a person to carry a concealed weapon anywhere in this state except in places in which the carrying of a weapon is prohibited by federal law. A person holding a valid license to carry a concealed weapon is also exempt from the prohibitions relating to possessing or transporting a firearm in a firearm restriction area in the same way as a peace officer. A licensee carrying a concealed weapon anywhere or possessing or transporting a weapon in a firearm restriction area must carry the license document while carrying, possessing, or transporting the weapon and must present it upon request of a law enforcement officer.

Under the bill, a county sheriff must authorize the issuance of a license to carry a concealed weapon to a person who meets the qualifications established in the bill for the license. Those qualifications require that the person be one of the following: 1) someone who is employed and who has undergone weapons training as a condition of his or her employment; 2) a retired law enforcement officer; 3) a member of the U.S. armed forces; or 4) a member of a reserve component of the U.S. armed forces or a national guard member who has been been called into active service. Moreover, the person must be eligible to possess a firearm under federal law and may not be prohibited from possessing a firearm due to a felony conviction, a juvenile delinquency adjudication, an order issued in a civil mental commitment case, or any other order prohibiting the person from possessing a firearm. In addition, the bill requires a sheriff to conduct a background check of a person who applies for a license to carry a concealed weapon to help determine the person's eligibility for a license. The background check requirement does not apply to a person applying for a license if the person is currently employed and has been trained to use a firearm as a condition of his or her current employment.

If the person meets these requirements and the background check does not indicate the person is ineligible for a license, the sheriff must inform the department of transportation (DOT) that the person is eligible for a license. Upon receiving this notification, DOT is required to issue the person a license document. Once issued, the license remains valid until the person's circumstances change such that he or she no longer meets the requirements for obtaining a license.

In addition, the bill does all of the following:

1. Requires a sheriff to revoke a license to carry a concealed weapon if the licensee no longer meets all of the requirements for licensure.

2. Requires a person to whom a license has been issued to surrender the license document to the sheriff upon being notified of a revocation or upon becoming ineligible for a license.

3. Provides that a person whose application for a license is denied or whose license is revoked may appeal the sheriff's or DOT's action to circuit court for review by a judge.

4. Specifies the information that must be on an application for a license to carry a concealed weapon and requires the department of justice (DOJ) to design the license application forms.

5. Specifies the information that must be on a license to carry a concealed weapon.

6. Requires DOJ to adopt rules to verify the information provided by a person applying for a license based on his or her employment and to ensure that no one other than a person who has successfully applied for a license may obtain that person's license document from DOT.

7. Requires the sheriff and DOT to provide information to DOJ concerning a person licensed to carry a concealed weapon and requires DOJ to keep a computerized list of persons licensed to carry a concealed weapon. The list kept by DOJ is available only to law enforcement agencies in certain specified circumstances.

The bill also establishes the following penalties for offenses relating to licenses to carry a concealed weapon. First, a person who fails to carry his or her license document while carrying a concealed weapon or while possessing or transporting a firearm in a firearm restriction area may be required to forfeit $25. Second, a person who does any of the following shall be fined not less than $500 nor more than $10,000 and may be imprisoned for not more than nine months: 1) intentionally makes a false statement in an application for a license; or 2) intentionally attempts to obtain from DOT a license document that he or she is not entitled to receive. Third, any person who intentionally fails to relinquish a license document to a sheriff within 30 days after the license has been revoked or within 30 days after losing his or her eligibility for the license may be fined not more than $500 or imprisoned for not more than 30 days or both.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB328, s. 1 Section 1. 20.455 (2) (gp) of the statutes is created to read:

SB328,8,2 20.455 (2) (gp) Concealed weapons licenses background check. All moneys received as fee payments under s. 175.50 (7) (bh) to provide services under s. 175.50.

SB328, s. 2 Section 2. 59.25 (3) (u) of the statutes is created to read:

SB328,8,6 59.25 (3) (u) 1. Forward all moneys received under s. 175.50 (7) (bh) to the state treasurer for payment of firearms restrictions record searches conducted under s. 175.50 (9g) at the request of the county's sheriff.

SB328, s. 3 Section 3. 85.57 of the statutes is created to read:

SB328,8,14 85.57 Concealed weapons licenses. (1) Design requirements. (a) In consultation with the department of justice, the department of transportation shall design a license document for use in each case in which it is authorized by a sheriff under s. 175.50 (9) (b) 1. to issue a license to carry a concealed weapon. The department of transportation shall complete the design of the license document no later than the 30th day beginning after the effective date of this paragraph .... [revisor inserts date].

SB328,8,16 (b) A license document for a license issued under sub. (2) shall be a single document, with all of the following information appearing on one side:

SB328,8,17 1. The full name, date of birth, and residence address of the licensee.

SB328,8,18 2. A color photograph of the licensee taken by the department.

SB328,8,20 3. A physical description of the licensee, including gender, height, weight, and hair and eye color.

SB328,8,21 4. The date on which the license was issued.

SB328,8,22 5. The name of this state.

SB328,8,23 6. The name of the county in which the the license was issued.

SB328,8,25 7. A unique identification number for each licensee. The identification number shall begin with a code number prefix designating the county listed in subd. 6.

SB328,9,3 (c) A license document issued under this section shall be, to the maximum extent possible, tamper proof and shall be produced using the same or similar equipment used by the department to produce an operator's license under s. 343.17.

SB328,9,8 (2) Issuance of license document. The department shall issue an individual a license to carry a concealed weapon upon receiving from a sheriff written authorization under s. 175.50 (9) (b) 1. for the issuance of a license to that individual and after verifying the individual's identity, using the procedures established by rule by the department of justice.

SB328,9,11 (3) Licensee information. (a) The department shall maintain a computerized record containing the information specified in sub. (1) (b) 1. and 3. to 7. for all individuals who have been issued a license under this section.

SB328,9,15 (b) Within 5 days after issuing a license under this section, the department shall notify the department of justice that it has done so and shall provide the department of justice with the information specified in sub. (1) (b) 1. and 3. to 7. concerning the individual to whom the license was issued.

SB328,9,17 (c) Records created or kept under this section by the department are not subject to access under s. 19.35.

SB328,9,19 (4) No fee. Except as provided in sub. (5), the department may not charge a fee for any license it issues under this section.

SB328,9,24 (5) Lost or destroyed license. The department shall issue an individual a new license document upon receiving from a sheriff written authorization under s. 175.50 (13) for the reissuance of the individual's license, after verifying the individual's identity, using the procedures established by rule by the department of justice, and upon receiving a fee of $15 from the individual.

SB328,10,2 (6) Appeals. A person aggrieved by any act or failure to act by the department under this section may appeal under s. 175.50 (14m).

SB328, s. 4 Section 4. 165.82 (2) of the statutes is amended to read:

SB328,10,6 165.82 (2) Except as provided in s. ss. 175.35 and 175.50, the department of justice shall not impose fees for criminal history searches for purposes related to criminal justice.

SB328, s. 5 Section 5. 167.31 (4) (ar) of the statutes is created to read:

SB328,10,10 167.31 (4) (ar) Subsections (2) (a), (b), and (c) and (3) (a) and (b) do not apply to the placement, possession, transportation, or loading of a firearm by a person who holds a valid license to carry a concealed weapon issued under s. 85.57.

SB328, s. 6 Section 6. 175.50 of the statutes is created to read:

SB328,10,13 175.50 License to carry concealed weapon. (1) Definitions. In this section:

SB328,10,15 (a) "Applicant" means an individual seeking authorization from a sheriff under this section for the issuance of a license to carry a concealed weapon under s. 85.57.

SB328,10,17 (b) Except as provided in sub. (14m), "department" means the department of justice.

SB328,10,20 (c) "Firearm restriction area" means a motorboat, as defined in s. 30.50 (6), if the motor is running, a vehicle, as defined in s. 167.31 (1) (h), an aircraft, as defined in s. 114.002 (3), or a place described in s. 941.235 (1), 941.237 (2), or 948.60 (2) (a).

SB328,10,22 (d) "Firearms restrictions record search" has the meaning given in s. 175.35 (1) (at).

SB328,11,2 (e) "Law enforcement officer" means a person who is employed by the federal government, any state, a political subdivision of any state, or a tribe for the purpose of detecting and preventing crime and enforcing laws, ordinances, rules, and regulations and who is authorized to make arrests for violations of the laws, ordinances, rules, and regulations that he or she is employed to enforce.

SB328,11,4 (f) "License document" means a license document issued by the department of transportation under s. 85.57.

SB328,11,6 (g) "Licensee" means an individual holding a valid license to carry a concealed weapon issued under s. 85.57.

SB328,11,11 (h) "Weapon" means a handgun, as defined in s. 175.35 (1) (b), an electric weapon, as defined in s. 941.295 (4), a tear gas gun, a knife other than a switchblade knife under s. 941.24, or a billy club. "Weapon" does not include a machine gun, as defined in s. 941.27 (1), a short-barreled rifle, as defined in s. 941.28 (1) (b), or a short-barreled shotgun, as defined in s. 941.28 (1) (c).

SB328,11,15 (2) Issuance of license. Each county, through its sheriff, shall authorize the department of transportation to issue licenses to carry a concealed weapon under s. 85.57 to individuals who meet the qualifications specified in sub. (3) and who complete the application process specified in sub. (7).

SB328,11,20 (2g) Carrying a concealed weapon; carrying and display of license or authorization. (a) A licensee may carry a concealed weapon anywhere in this state except as provided under sub. (16). This paragraph does not apply to a licensee who is on duty as a person described in sub. (3) (c) 3. or 4. if the licensee's command authority has not authorized him or her to carry a concealed weapon while on duty.

SB328,11,25 (b) A licensee shall carry his or her license document at all times during which he or she is carrying a concealed weapon or carrying a weapon in a firearm restriction area. If he or she is carrying a concealed weapon or carrying a weapon in a firearm restriction area, a licensee shall display his or her license document to a law enforcement officer upon the request of the law enforcement officer.

SB328,12,5 (c) Neither the state nor a political subdivision of the state may deny employment to a licensee or discipline or discharge a licensee employed by the state or the political subdivision based on the licensee's possession of a concealed weapon consistent with the requirements of this section other than during his or her working hours or based on the licensee's status as a licensee.

SB328,12,7 (3) Qualifications a person must have to get a license. An individual is eligible for a license issued under s. 85.57 if all of the following apply:

SB328,12,9 (a) The individual is not prohibited under federal law from possessing a firearm that has been transported in interstate or foreign commerce.

SB328,12,10 (b) The individual is not prohibited from possessing a firearm under s. 941.29.

SB328,12,11 (c) The individual is one of the following:

SB328,12,13 1. A person who is employed and who has undergone weapons training as a condition of his or her employment.

SB328,12,14 2. A retired law enforcement officer.

SB328,12,15 3. A member of the U.S. armed forces other than one of its reserve components.

SB328,12,17 4. A member of a reserve component of the U.S. armed forces or a national guard member who has been been called into active service.

SB328,13,2 (5) Application forms. The department shall design an application form for use by individuals requesting that the sheriff authorize the issuance of a license under s. 85.57. The department shall complete the design of the application form no later than the 30th day beginning after the effective date of this subsection .... [revisor inserts date], and shall distribute the design for the form to all sheriffs for use in making the application forms described in this section. The form designed by the department under this subsection shall require the applicant to provide his or her name, address, date of birth, race, gender, height, weight, and hair and eye color and shall include all of the following:

SB328,13,4 (e) A statement that the applicant is eligible for a license if the requirements specified in sub. (3) are met.

SB328,13,7 (h) A statement that the application is being made under oath and that an applicant may be prosecuted if he or she gives a false answer to any question on the application or submits a falsified document with the application.

SB328,13,9 (i) A statement of the penalties for giving a false answer to any question on the application or submitting a falsified document with the application.

SB328,13,12 (6) Oath. An applicant shall swear under oath that the information that he or she provides in an application submitted under sub. (7) and any document submitted with the application is true and complete to the best of his or her knowledge.

SB328,13,14 (7) Submission of application. An applicant may apply with any sheriff and shall submit all of the following to the sheriff to whom he or she is applying:

SB328,13,16 (a) An application in the form prescribed under sub. (5) that has been sworn to as required under sub. (6).

SB328,13,17 (bh) The fee for a firearms restrictions record search specified in sub. (9g) (c).

SB328,13,19 (c) A fingerprint card bearing an index finger fingerprint of the applicant taken by the sheriff to whom the application is submitted.

SB328,13,21 (8) Fingerprinting by sheriff. A sheriff shall provide fingerprinting service at no additional charge to an applicant.

SB328,13,23 (9) Processing of application. (a) On receiving an application submitted under sub. (7), a sheriff shall do all of the following:

SB328,13,25 1. Using procedures established by rule by the department, the sheriff shall verify that the applicant meets the requirements of sub. (3) (c).

SB328,14,7 1m. Submit the fingerprint card of the applicant to the department for submission to the federal bureau of investigation or the automated fingerprint identification system for the purposes of verifying the identity of the person fingerprinted and obtaining his or her criminal arrest and conviction record. If the applicant's fingerprint card is not sufficiently legible for the federal bureau of investigation to use in verifying the applicant's identity and obtaining his or her arrest or conviction record, the applicant shall submit an additional fingerprint card.

SB328,14,9 2. Request the department to conduct a firearms restrictions record search, as provided under sub. (9g).

SB328,14,11 (b) Subject to par. (c), within 21 days after receiving an application under sub. (7), a sheriff shall do one of the following: