SB214: Bill Text Engrossed

SB214-engrossed,20,18 3. `Unconscious person.' A person who is unconscious or otherwise not capable of withdrawing consent is presumed not to have withdrawn consent under this paragraph, and if a law enforcement officer has probable cause to believe that the person violated sub. (16) (cm) 1., one or more chemical tests may be administered to the person without a request under subd. 1. and without providing information under subd. 2.

SB214-engrossed,20,24 (b) Chemical tests. 1. `Test facility.' Upon the request of a law enforcement officer, a test facility shall administer a chemical test of breath, blood, or urine for the purpose of authorized analysis. A test facility shall be prepared to administer 2 of the 3 chemical tests of breath, blood, or urine for the purpose of authorized analysis. The department may enter into agreements for the cooperative use of test facilities.

SB214-engrossed,21,3 2. `Designated chemical test.' A test facility shall designate one chemical test of breath, blood, or urine which it is prepared to administer first for the purpose of authorized analysis.

SB214-engrossed,21,7 3. `Additional chemical test.' A test facility shall specify one chemical test of breath, blood, or urine, other than the test designated under subd. 2., which it is prepared to administer for the purpose of authorized analysis as an additional chemical test.

SB214-engrossed,21,18 4. `Validity; procedure.' A chemical test of blood or urine conducted for the purpose of authorized analysis is valid as provided under s. 343.305 (6). The duties and responsibilities of the laboratory of hygiene, department of health and family services, and department of transportation under s. 343.305 (6) apply to a chemical test of blood or urine conducted for the purpose of authorized analysis under this subsection. Blood may be withdrawn from a person arrested for a violation of sub. (16) (cm) 1. only by a physician, registered nurse, medical technologist, physician assistant, or person acting under the direction of a physician and the person who withdraws the blood, the employer of that person, and any hospital where blood is withdrawn have immunity from civil or criminal liability as provided under s. 895.53.

SB214-engrossed,22,2 5. `Report.' A test facility which administers a chemical test of breath, blood, or urine for the purpose of authorized analysis under this subsection shall prepare a written report which shall include the findings of the chemical test, the identification of the law enforcement officer or the person who requested a chemical test, and the identification of the person who provided the sample or submitted to the chemical test. The test facility shall transmit a copy of the report to the law enforcement officer and the person who provided the sample or submitted to the chemical test.

SB214-engrossed,22,9 (c) Additional and optional chemical tests. 1. `Additional chemical test.' If a person is arrested for a violation of sub. (16) (cm) 1. and if the person is requested to provide a sample or to submit to a test under par. (a) 1., the person may request the test facility to administer the additional chemical test specified under par. (b) 3. or, at his or her own expense, reasonable opportunity to have any qualified person administer a chemical test of his or her breath, blood, or urine for the purpose of authorized analysis.

SB214-engrossed,22,17 2. `Optional test.' If a person is arrested for a violation of sub. (16) (cm) 1. and if the person is not requested to provide a sample or to submit to a test under par. (a) 1., the person may request the test facility to administer a chemical test of his or her breath or, at his or her own expense, reasonable opportunity to have any qualified person administer a chemical test of his or her breath, blood, or urine for the purpose of authorized analysis. If a test facility is unable to perform a chemical test of breath, the person may request the test facility to administer the designated chemical test under par. (b) 2. or the additional chemical test under par. (b) 3.

SB214-engrossed,22,19 3. `Compliance with request.' A test facility shall comply with a request under this paragraph to administer any chemical test that it is able to perform.

SB214-engrossed,22,23 4. `Inability to obtain chemical test.' The failure or inability of a person to obtain a chemical test at his or her own expense does not preclude the admission of evidence of the results of a chemical test required and administered under pars. (a) and (b).

SB214-engrossed,23,6 (d) Admissibility; effect of test results; other evidence. The results of a chemical test required or administered under par. (a), (b), or (c) are admissible in any civil or criminal action or proceeding arising out of the acts committed by a person alleged to have violated sub. (16) (cm) 1. on the issue of whether the person had alcohol concentrations at or above specified levels or was under the influence of an intoxicant. Results of these chemical tests shall be given the effect required under s. 885.235. This subsection does not limit the right of a law enforcement officer to obtain evidence by any other lawful means.

SB214-engrossed,23,13 (e) Refusal. No person may refuse a lawful request to provide one or more samples of his or her breath, blood, or urine or to submit to one or more chemical tests under par. (a). A person shall not be deemed to refuse to provide a sample or to submit to a chemical test if it is shown by a preponderance of the evidence that the refusal was due to a physical inability to provide the sample or to submit to the test due to a physical disability or disease unrelated to the use of an intoxicant. Issues in any action concerning a violation of par. (a) or this paragraph are limited to:

SB214-engrossed,23,15 1. Whether the law enforcement officer had probable cause to believe the person was violating or had violated sub. (16) (cm) 1.

SB214-engrossed,23,17 2. Whether the person was lawfully placed under arrest for violating sub. (16) (cm) 1.

SB214-engrossed,23,21 3. Whether the law enforcement officer requested the person to provide a sample or to submit to a chemical test and provided the information required under par. (a) 2. or whether the request and information were unnecessary under par. (a) 3.

SB214-engrossed,23,23 4. Whether the person refused to provide a sample or to submit to a chemical test.

SB214-engrossed,24,5 (2m) License document; content of license. (a) Subject to pars. (b), (c), and (d), the department shall design a single license document for licenses issued and renewed under this section. The department shall complete the design of the license document no later than the first day of the 4th month beginning after the effective date of this paragraph .... [revisor inserts date], and shall distribute the design for the license document to any sheriff who issues licenses under sub. (2) (a) or (c) for the sheriff to use for licenses that he or she issues under this section.

SB214-engrossed,24,7 (b) A license document for a license issued under this section shall contain all of the following on one side:

SB214-engrossed,24,8 1. The full name, date of birth, and residence address of the licensee.

SB214-engrossed,24,9 2. A color photograph of the licensee.

SB214-engrossed,24,11 3. A physical description of the licensee, including gender, height, weight, and hair and eye color.

SB214-engrossed,24,12 4. The date on which the license was issued.

SB214-engrossed,24,13 5. The date on which the license expires.

SB214-engrossed,24,14 6. The name of this state.

SB214-engrossed,24,15 7. The name of the county that issues the license.

SB214-engrossed,24,17 8. A unique identification number for each licensee that begins with a unique code number, which the department shall establish, for the county listed in subd. 7.

SB214-engrossed,24,18 (c) The license document may not contain the licensee's social security number.

SB214-engrossed,24,22 (d) A license document issued under this section shall be, to the maximum extent possible, tamper proof. The contents of the license document shall be included in the document in substantially the same way that the contents of an operator's license document issued under s. 343.17 are included on that document.

SB214-engrossed,24,24 (3) Qualifications for obtaining a license. An individual is eligible for a license under this section if all of the following apply:

SB214-engrossed,24,25 (a) The individual is at least 21 years of age.

SB214-engrossed,25,5 (b) The individual does not have a physical disability that prevents him or her from safely handling a weapon. The department shall promulgate rules specifying the procedures and definitions that the sheriff is required to apply when determining whether an individual is ineligible for a license under this section because he or she has a physical disability that prevents him or her from safely handling a weapon.

SB214-engrossed,25,7 (c) The individual is not prohibited under federal law from possessing a firearm that has been transported in interstate or foreign commerce.

SB214-engrossed,25,8 (d) The individual is not prohibited from possessing a firearm under s. 941.29.

SB214-engrossed,25,10 (e) During the preceding 3 years, the individual has not been civilly committed under s. 51.20 for being drug dependent.

SB214-engrossed,25,14 (f) During the preceding 3 years, the individual has not been convicted for any violation, or for the solicitation, conspiracy, or attempt to commit any violation, of ch. 961 or of a federal law or a law of another state that is comparable to any provision of ch. 961.

SB214-engrossed,25,19 (g) The individual does not chronically and habitually use alcohol beverages or other substances to the extent that his or her normal faculties are impaired. A person is presumed chronically and habitually to use alcohol beverages or other substances to the extent that his or her normal faculties are impaired if, within the preceding 3 years, any of the following applies:

SB214-engrossed,25,21 1. The individual has been committed for involuntary treatment under s. 51.45 (13).

SB214-engrossed,25,22 2. The individual has been convicted of a violation of s. 941.20 (1) (b).

SB214-engrossed,25,24 3. In 2 or more cases arising out of separate incidents, a court has found the individual to have committed a drunk driving offense.

SB214-engrossed,25,25 (h) The individual has done one of the following:

SB214-engrossed,26,2 2. Successfully completed a National Rifle Association firearm training or firearm safety course or class that meets the requirements under sub. (4m).

SB214-engrossed,26,7 3. Successfully completed a firearm training or firearm safety course or class that meets the requirements under sub. (4m) and that is conducted by an instructor certified by the state in which the course or class was conducted, by the National Rifle Association, or by another national or state organization that certifies firearms instructors.

SB214-engrossed,26,15 4. Successfully completed a firearm safety or firearm training course or class that is available to the general public, that meets the requirements under sub. (4m), and that is offered by a law enforcement agency, a private or public school, institution, or organization, or a firearm training school, if the course or class uses instructors certified by the National Rifle Association, by another national or state organization that certifies firearms instructors, or by the department or if the curriculum meets the minimum requirements of the law enforcement standards board.

SB214-engrossed,26,19 5. Successfully completed a firearm safety or firearm training course or class that meets the requirements under sub. (4m) and that is offered for law enforcement officers, correctional officers, special deputies, private detectives licensed under s. 440.26, or other security or law enforcement personnel.

SB214-engrossed,26,22 6. Participated in organized shooting competitions or military training that gave the applicant experience with firearms that the sheriff determines is substantially equivalent to any course or class specified in subds. 2. to 5.

SB214-engrossed,27,2 (i) The individual has not been found incompetent under ch. 880 or, if the individual has been found incompetent under ch. 880, he or she was subsequently found to be competent and at least 5 years have elapsed from the date that he or she was found to be competent.

SB214-engrossed,27,5 (im) The individual was not the subject of a protective placement under s. 55.06 as a minor unless at least 5 years have elapsed from the date on which his or her protective placement ended.

SB214-engrossed,27,11 (j) The individual has not been involuntarily committed for treatment under s. 51.20 due to mental illness or a developmental disability or, if the individual has been involuntarily committed for treatment under s. 51.20 due to mental illness or a developmental disability, he or she shows, through evidence from a psychiatrist licensed in this state, that he or she has not been disabled due to mental illness or a developmental disability for at least 5 years.

SB214-engrossed,27,13 (k) The individual has not been found incompetent under s. 971.14 or, if the individual has been found incompetent under s. 971.14, one of the following applies:

SB214-engrossed,27,15 1. He or she was subsequently found to be competent and at least 5 years have elapsed from the date that he or she was found to be competent.

SB214-engrossed,27,18 2. He or she was not subsequently found to be competent and he or she shows, through evidence from a psychiatrist licensed in this state, that he or she has not been disabled due to mental illness or a developmental disability for at least 5 years.

SB214-engrossed,27,23 (L) The individual has not been found not guilty by reason of mental disease or defect under s. 971.17 or, if the individual has been found not guilty by reason of mental disease or defect under s. 971.17, he or she presents evidence from a psychiatrist licensed in this state that he or she has not been disabled due to mental illness or a developmental disability for at least 5 years.

SB214-engrossed,28,2 (m) Within the preceding 3 years, the individual was not convicted of a misdemeanor crime of violence or was not serving a sentence, on probation, or subject to a dispositional order under ch. 938 for committing a misdemeanor crime of violence.

SB214-engrossed,28,5 (mg) The individual has not been prohibited from obtaining a license under sub. (10m) based on the individual having committed a misdemeanor crime of violence.

SB214-engrossed,28,8 (n) The individual has not been charged with a felony or a misdemeanor crime of violence for which the prosecution was suspended under a deferred prosecution agreement unless 3 years have elapsed since the date of the agreement.

SB214-engrossed,28,11 (o) The individual is not the subject of any pending civil or criminal case, the disposition of which could disqualify him or her from having a license under this subsection.

SB214-engrossed,28,16 (p) The individual has not previously submitted an application for a license under this section to any county and had the application denied, unless each reason for the denial is no longer applicable because of changed circumstances or, if the denial was based on a restriction under this subsection that applies for a specified period of time, because that time period has run.

SB214-engrossed,28,21 (q) The individual has not had a license that was issued under this section revoked, unless each reason for the revocation is no longer applicable because of changed circumstances or, if the revocation was based on a restriction under this subsection that applies for a specified period of time, because that time period has run.

SB214-engrossed,28,22 (r) The individual has not been convicted under sub. (17) (c), (d), or (e).

SB214-engrossed,28,23 (s) The individual is a Wisconsin resident.

SB214-engrossed,29,3 (3m) Federal preemption. The requirements under sub. (3) (e), (g) 1., (i), (im), (j), (k), and (L) apply only to a person who may lawfully possess a firearm under federal law.

SB214-engrossed,29,5 (4m) Course or class requirements. A firearm training or firearm safety course or class under sub. (3) (h) 2. to 5. shall include all of the following:

SB214-engrossed,29,6 (a) Instruction on how to handle, load, unload, and store handguns.

SB214-engrossed,29,8 (b) Instruction on the privilege of self-defense and the defense of others under s. 939.48.

SB214-engrossed,29,10 (c) Instruction on how to avoid injuring 3rd parties when defending himself, herself, or others in a manner that is privileged under s. 939.48.

SB214-engrossed,29,11 (d) Basic self-defense principles.

SB214-engrossed,29,12 (e) Instruction on how to carry a concealed handgun safely.

SB214-engrossed,29,13 (f) Instruction on firing a handgun.

SB214-engrossed,29,14 (g) Practice firing a handgun.

SB214-engrossed,30,2 (5) Application and renewal forms. 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 the first day of the 4th month beginning after the effective date of this subsection .... [revisor inserts date], and shall complete the design of the renewal form no later than the first day of the 54th month beginning after the effective date of this subsection .... [revisor inserts date]. The department shall distribute the designs for both forms to any sheriff who issues licenses under sub. (2) (a) or (c) for use in making the application forms and the license renewal forms described in this section. The forms designed by the department under this subsection shall only 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:

SB214-engrossed,30,4 (e) A statement that the applicant is eligible for a license if the requirements specified in sub. (3) are met.

SB214-engrossed,30,7 (f) A statement explaining the privilege of self-defense and defense of others under s. 939.48, with a place for the applicant to sign his or her name to indicate that he or she has read and understands the statement.

SB214-engrossed,30,10 (g) A statement that the applicant has received a copy of this section, with a place for the applicant to sign his or her name to indicate that he or she has read and understands the requirements of this section.

SB214-engrossed,30,13 (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.

SB214-engrossed,30,15 (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.

SB214-engrossed,30,18 (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.

SB214-engrossed,30,21 (7) Submission of application. An individual may apply for a license under this section with any sheriff. An applicant shall submit all of the following to the sheriff through whom he or she is applying for a license:

SB214-engrossed,30,23 (a) An application in the form prescribed under sub. (5) that has been sworn to as required under sub. (6).

SB214-engrossed,31,3 (bd) A license fee set by the sheriff issuing the license that does not exceed either the cost to the sheriff of issuing a license to an individual under this section, including the cost of equipment purchase or rental, or $75, whichever is less.

SB214-engrossed,31,4 (bh) The fee for a background check specified in sub. (9g) (c).

SB214-engrossed,31,5 (bp) A shooting range improvement fee of $15.

SB214-engrossed,31,6 (bt) A law enforcement excellence fund fee of $15.

SB214-engrossed,31,8 (d) A photocopy of a certificate or other evidence showing the applicant's qualifications under sub. (3) (h).

SB214-engrossed,31,10 (e) A full-face photograph of the applicant taken within the 30-day period immediately preceding the date of the applicant's application.

SB214-engrossed,31,13 (9) Processing of application. (a) Upon receiving an application submitted under sub. (7), a sheriff shall request that the department conduct a background check, as provided under sub. (9g).

SB214-engrossed,31,15 (b) Subject to pars. (c) and (d), within 30 days after receiving an application under sub. (7), a sheriff shall do one of the following:

SB214-engrossed,31,17 1. Issue the license and promptly send the licensee his or her license document by 1st class mail.

SB214-engrossed,31,21 2. Deny the application, but only if the applicant fails to qualify under the criteria specified in sub. (3). If the sheriff denies the application, he or she shall inform the applicant in writing, stating the reason and factual basis for the denial to the extent permitted under federal law.

SB214-engrossed,32,2 (c) Except as provided in sub. (9r) or (10), a sheriff may not issue a license until 7 days, subject to extension under sub. (9g) (b) 3. c., have elapsed from the time that the sheriff has received a confirmation number regarding the background check under sub. (9g) (b) 1. from the department, unless the department has notified the sheriff that the background check does not indicate that the applicant is disqualified for a license under sub. (3) (c), (d), (e), (f), (g), (i), (im), (j), (k), (L), (m), (n), (o), or (r).