The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB44, s. 1 1Section 1. 51.20 (13) (cv) 1. of the statutes is renumbered 51.20 (13) (cv) 1.
2(intro.) and amended to read:
SB44,3,103 51.20 (13) (cv) 1. (intro.) If the court makes the disposition under par. (a) 3., 4.,
44m., or 5. and the court determines, based on evidence presented on the issue of the
5subject individual's dangerousness, that there is a substantial probability that the
6individual may use a firearm to cause physical harm to himself or herself or endanger
7public safety
, the court shall prohibit the individual from possessing order the
8individual not to possess
a firearm, order the seizure of any firearm owned by the
9individual, and inform the individual of the requirements and penalties under s.
10941.29. if the court determines any of the following:
SB44, s. 2 11Section 2. 51.20 (13) (cv) 1. a. and b. of the statutes are created to read:
SB44,3,1412 51.20 (13) (cv) 1. a. Based on evidence presented on the issue of the individual's
13dangerousness, there is a substantial probability that the individual may use a
14firearm to cause physical harm to himself or herself or endanger public safety.
SB44,3,1615b. Under 18 USC 922 (g) (4), the individual is prohibited from possessing a
16firearm.
SB44, s. 3 17Section 3. 51.20 (13) (cv) 1m. of the statutes is created to read:
SB44,3,2118 51.20 (13) (cv) 1m. a. If a court orders an individual under subd. 1. not to
19possess a firearm based on a determination under subd. 1. b., the individual may
20petition that court or the court in the county where the individual resides to cancel
21the order.
SB44,4,5
1b. The court considering the petition under subd. 1m. a. shall grant the petition
2if the court determines that the circumstances regarding the disposition under par.
3(a) 3., 4., 4m., or 5. and the individual's record and reputation indicate that the
4individual is not likely to act in a manner dangerous to public safety and that the
5granting of the petition would not be contrary to public interest.
SB44,4,86 c. If the court grants the petition under subd. 1m. b., the court shall cancel the
7order under subd. 1. and order the return of any firearm ordered seized under subd.
81. on the basis of a determination under subd. 1. b.
SB44, s. 4 9Section 4. 51.20 (13) (cv) 2. of the statutes is amended to read:
SB44,4,1810 51.20 (13) (cv) 2. A prohibition on An order prohibiting the possession of a
11firearm under subd. 1. based on a determination under subd. 1. a. shall remain in
12effect until the commitment order and any subsequent consecutive commitment
13orders expire and the court determines, based on evidence presented on the issue of
14the subject individual's dangerousness, that there is no longer a substantial
15probability that the individual may use a firearm to cause physical harm to himself
16or herself or endanger public safety. If the court makes this determination, it shall
17cancel the prohibition order and order the return of any firearm ordered seized under
18subd. 1. on the basis of a determination under subd. 1. a.
SB44, s. 5 19Section 5. 51.20 (13) (cv) 3. of the statutes is amended to read:
SB44,4,2420 51.20 (13) (cv) 3. In lieu of ordering the seizure under subd. 1., the court may
21designate a person to store the firearm until the prohibition order under subd. 1.
22based on the determination under subd. 1. a.
has been canceled under subd. 2. or sub.
23(16) (gm) or until the order under subd. 1. based on the determination under subd.
241. b. has been canceled under subd. 1m. c
.
SB44, s. 6 25Section 6. 51.20 (13) (cv) 4. of the statutes is amended to read:
SB44,5,14
151.20 (13) (cv) 4. If the court prohibits orders a subject individual from
2possessing
not to possess a firearm under subd. 1. or based on a determination under
3subd. 1. a. or b.,
cancels a prohibition under subd. 2. or sub. (16) (gm) an order issued
4under subd. 2. 1. based on a determination under subd. 1. a., or cancels under subd.
51m. c. an order issued under subd. 1. based on a determination under subd. 1. b.
, the
6court clerk shall notify the department of justice of that fact and provide any
7information identifying the subject individual that is necessary to permit an
8accurate involuntary commitment history record search, or an accurate firearms
9restrictions record search,
under s. 175.35 (2g) (c). No other information from the
10subject individual's court records may be disclosed to the department of justice
11except by order of the court. The department of justice may disclose information
12provided under this subdivision only as part of an involuntary commitment history
13record search, or a firearms restrictions record search, under s. 175.35 (2g) (c) or
14under rules the department of justice promulgates under s. 175.35 (2g) (d)
.
SB44, s. 7 15Section 7. 51.20 (16) (gm) of the statutes is amended to read:
SB44,6,316 51.20 (16) (gm) Upon a request under par. (a), a court may cancel the
17prohibition order not to possess a firearm issued under sub. (13) (cv) 1. based on a
18determination under sub. (13) (cv) 1. a.
if the court determines, based on evidence
19presented on the issue of the subject individual's dangerousness, that there no longer
20is a substantial probability that the individual may use a firearm to cause physical
21harm to himself or herself or endanger public safety. If a court cancels a prohibition
22an order issued under sub. (13) (cv) 1. based on a determination under sub. (13) (cv)
231. a.
under this paragraph, the court clerk shall notify the department of justice of
24that fact and provide any information identifying the subject individual that is
25necessary to permit an accurate involuntary commitment record search , or a

1firearms restrictions record search,
under s. 175.35 (2g) (c). No other information
2from the subject individual's court records may be disclosed to the department of
3justice except by order of the court.
SB44, s. 8 4Section 8. 51.30 (4) (b) 28. of the statutes is created to read:
SB44,6,65 51.30 (4) (b) 28. To the department of justice, under the requirements of ss.
651.20 (13) (cv) 4. and 51.45 (13) (i) 4.
SB44, s. 9 7Section 9. 51.45 (13) (i) of the statutes is created to read:
SB44,6,128 51.45 (13) (i) 1. If a court orders commitment of a person under this subsection,
9the court shall determine if, under 18 USC 922 (g) (4), the person is prohibited from
10possessing a firearm. If the person is prohibited, the court shall order the person not
11to possess a firearm, order the seizure of any firearm owned by the person, and
12inform the person of the requirements and penalties under s. 941.29.
SB44,6,1513 2. a. If a court orders a person under subd. 1. not to possess a firearm, the person
14may petition that court or the court in the county where the person resides to cancel
15the order.
SB44,6,2016 b. The court considering the petition under subd. 2. a. shall grant the petition
17if the court determines that the circumstances regarding the commitment under this
18subsection and the person's record and reputation indicate that the person is not
19likely to act in a manner dangerous to public safety and that the granting of the
20petition would not be contrary to public interest.
SB44,6,2321 c. If the court grants the petition under subd. 2. b., the court shall cancel the
22order under subd. 1. and order the return of any firearm ordered seized under subd.
231.
SB44,7,3
13. In lieu of ordering the seizure under subd. 1., the court may designate a
2person to store the firearm until the order under subd. 1. is canceled under subd. 2.
3c.
SB44,7,124 4. If the court orders under subd. 1. a person not to possess a firearm or cancels
5under subd. 2. c. an order issued under subd. 1., the court clerk shall notify the
6department of justice of the order or cancellation and provide any information
7identifying the person that is necessary to permit an accurate firearms restrictions
8record search under s. 175.35 (2g) (c). No other information from the person's court
9records may be disclosed to the department of justice except by order of the court.
10The department of justice may disclose information provided under this subdivision
11only as part of a firearms restrictions record search under s. 175.35 (2g) (c) or under
12rules the department of justice promulgates under s. 175.35 (2g) (d).
SB44, s. 10 13Section 10. 54.10 (3) (f) of the statutes is created to read:
SB44,7,1914 54.10 (3) (f) 1. If the court appoints a guardian of the person under this
15subsection, the court shall determine if, under 18 USC 922 (g) (4), the individual is
16prohibited from possessing a firearm. If the individual is prohibited, the court shall
17order the individual not to possess a firearm, order the seizure of any firearm owned
18by the individual, and inform the individual of the requirements and penalties under
19s. 941.29.
SB44,7,2220 2. a. If a court orders under subd. 1. an individual not to possess a firearm, the
21individual may petition that court or the court in the county where the individual
22resides to cancel the order.
SB44,8,223 b. The court considering the petition under subd. 2. a. shall grant the petition
24if the court determines that the circumstances regarding the appointment of a
25guardian under this subsection and the individual's record and reputation indicate

1that the individual is not likely to act in a manner dangerous to public safety and that
2the granting of the petition would not be contrary to public interest.
SB44,8,53 c. If the court grants the petition under subd. 2. b., the court shall cancel the
4order under subd. 1. and order the return of any firearm ordered seized under subd.
51.
SB44,8,86 3. In lieu of ordering the seizure under subd. 1., the court may designate a
7person to store the firearm until the order under subd. 1. is canceled under subd. 2.
8c.
SB44,8,189 4. If the court orders under subd. 1. an individual not to possess a firearm or
10cancels under subd. 2. c. an order issued under subd. 1., the court clerk shall notify
11the department of justice of the order or cancellation and provide any information
12identifying the individual that is necessary to permit an accurate firearms
13restrictions record search under s. 175.35 (2g) (c). No other information from the
14individual's court records may be disclosed to the department of justice except by
15order of the court. The department of justice may disclose information provided
16under this subdivision only as part of a firearms restrictions record search under s.
17175.35 (2g) (c) or under rules the department of justice promulgates under s. 175.35
18(2g) (d).
SB44, s. 11 19Section 11. 55.12 (10) of the statutes is created to read:
SB44,9,220 55.12 (10) (a) If a court orders protective services or protective placement of an
21individual under this section and if an order has not been made under s. 54.10 (3) (f)
22for the individual, the court shall determine if, under 18 USC 922 (g) (4), the
23individual is prohibited from possessing a firearm. If the individual is prohibited,
24the court shall order the individual not to possess a firearm, order the seizure of any

1firearm owned by the individual, and inform the individual of the requirements and
2penalties under s. 941.29.
SB44,9,53 (b) 1. If a court orders under par. (a) an individual not to possess a firearm, the
4individual may petition that court or the court in the county where the individual
5resides to cancel the order.
SB44,9,116 2. The court considering the petition under subd. 1. shall grant the petition if
7the court determines that the circumstances regarding the protective services or
8protective placement order under this section and the individual's record and
9reputation indicate that the individual is not likely to act in a manner dangerous to
10public safety and that the granting of the petition would not be contrary to public
11interest.
SB44,9,1312 3. If the court grants the petition under subd. 2., the court shall cancel the order
13under par. (a) and order the return of any firearm ordered seized under par. (a).
SB44,9,1614 (c) In lieu of ordering the seizure under par. (a), the court may designate a
15person to store the firearm until the order under par. (a) is canceled under par. (b)
163.
SB44,9,2417 (d) If the court orders under par. (a) an individual not to possess a firearm or
18cancels under par. (b) 3. an order issued under par. (a), the court clerk shall notify
19the department of justice of the order or cancellation and provide any information
20identifying the individual that is necessary to permit an accurate firearms
21restriction record search under s. 175.35 (2g) (c). No other information from the
22individual's court records may be disclosed to the department of justice except by
23order of the court. The department of justice may disclose information provided
24under this paragraph only as part of a firearms restriction record search under s.

1175.35 (2g) (c) or under rules the department of justice promulgates under s. 175.35
2(2g) (d).
SB44, s. 12 3Section 12. 175.35 (1) (at) of the statutes is amended to read:
SB44,10,204 175.35 (1) (at) "Firearms restrictions record search" means a search of
5department of justice records to determine whether a person seeking to purchase a
6handgun is prohibited from possessing a firearm under s. 941.29. "Firearms
7restriction record search" includes a criminal history record search, a search to
8determine whether a person is prohibited from possessing has been ordered not to
9possess
a firearm under s. 51.20 (13) (cv) 1. based on a determination under s. 51.20
10(13) (cv) 1. a., a search in the national instant criminal background check system to
11determine whether a person has been ordered not to possess a firearm under s. 51.20
12(3) (cv) 1., based on a determination under s. 51.20 (13) (cv) 1. b., 51.45 (13) (i) 1., 54.10
13(3) (f) 1., or 55.12 (10) (a)
, a search to determine whether the person is subject to an
14injunction under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12
15(1) (e), issued by a court established by any federally recognized Wisconsin Indian
16tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice
17to the respondent that he or she is subject to the requirements and penalties under
18s. 941.29 and that has been filed with the circuit court under s. 806.247 (3), and a
19search to determine whether the person is prohibited from possessing a firearm
20under s. 813.125 (4m).
SB44, s. 13 21Section 13. 175.35 (2g) (d) of the statutes is created to read:
SB44,11,222 175.35 (2g) (d) 1. The department of justice shall promulgate rules to convey
23information in a timely manner to the national instant criminal background check
24system regarding individuals ordered not to possess a firearm under s. 51.20 (13) (cv)

11., based on a determination under s. 51.20 (13) (cv) 1. b., or ordered not to possess
2a firearm under s. 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a).
SB44,11,63 2. The department of justice shall promulgate rules to convey information in
4a timely manner to the national instant criminal background check system
5regarding the cancellation under s. 51.20 (13) (cv) 1m. c., 51.45 (13) (i) 2. c., 54.10 (3)
6(f) 2. c., or 55.12 (10) (b) 3. of an order not to possess a firearm.
SB44, s. 14 7Section 14. 941.29 (1) (e) of the statutes is amended to read:
SB44,11,108 941.29 (1) (e) Committed for treatment under s. 51.20 (13) (a) and ordered not
9to possess a firearm under s. 51.20 (13) (cv) 1. based on a determination under s. 51.20
10(13) (cv) 1. a
.
SB44, s. 15 11Section 15. 941.29 (1) (em) of the statutes is created to read:
SB44,11,1412 941.29 (1) (em) Ordered not to possess a firearm under s. 51.20 (13) (cv) 1. based
13on a determination under s. 51.20 (13) (cv) 1. b. or ordered not to possess a firearm
14under s. 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a).
SB44, s. 16 15Section 16. 941.29 (2) (d) of the statutes is amended to read:
SB44,11,1716 941.29 (2) (d) The person possesses a firearm while subject to the court order,
17as specified in sub. (1) (e), (em), or (g).
SB44, s. 17 18Section 17. 941.29 (9) of the statutes is renumbered 941.29 (9) (a) and
19amended to read:
SB44,11,2220 941.29 (9) (a) This section does not apply to a person specified in sub. (1) (e) if
21the prohibition order under s. 51.20 (13) (cv) 1. has been based on a determination
22under s. 51.20 (13) (cv) 1. a. is
canceled under s. 51.20 (13) (cv) 2. or (16) (gm).
SB44, s. 18 23Section 18. 941.29 (9) (b) of the statutes is created to read:
SB44,12,424 941.29 (9) (b) This section does not apply to a person specified in sub. (1) (em)
25if the order under s. 51.30 (13) (cv) 1. based on a determination under s. 51.20 (13)

1(cv) 1. b. is canceled under s. 51.20 (13) (cv) 1m. c., if the order under s. 51.45 (13) (i)
21. is canceled under s. 51.45 (13) (i) 2. c., if the order under s. 54.10 (3) (f) 1. is canceled
3under s. 54.10 (3) (f) 2. c., or if the order under s. 55.12 (10) (a) is canceled under s.
455.12 (10) (b) 3.
SB44, s. 19 5Section 19. 968.20 (1r) of the statutes is renumbered 968.20 (1r) (a) and
6amended to read:
SB44,12,117 968.20 (1r) (a) If the seized property is a firearm ordered seized under s. 51.20
8(13) (cv) 1. based on a determination under
s. 51.20 (13) (cv) 1. a., the court that issued
9that order shall order the firearm returned if the prohibition order under s. 51.20 (13)
10(cv) 1. has been based on a determination under s. 51.20 (13) (cv) 1. a. is canceled
11under s. 51.20 (13) (cv) 2. or (16) (gm).
SB44, s. 20 12Section 20. 968.20 (1r) (b) of the statutes is created to read:
SB44,12,1713 968.20 (1r) (b) If the seized property is a firearm ordered seized under s. 51.20
14(13) (cv) 1. based on a determination under s. 51.20 (13) (cv) 1. b., the court that issued
15that order shall order the firearm returned if the order under s. 51.20 (13) (cv) 1.
16based on a determination under s. 51.20 (13) (cv) 1. b. is canceled under s. 51.20 (13)
17(cv) 1m. c.
SB44, s. 21 18Section 21. 968.20 (1r) (c) of the statutes is created to read:
SB44,12,2119 968.20 (1r) (c) If the seized property is a firearm ordered seized under s. 51.45
20(13) (i) 1., the court that issued that order shall order the firearm returned if the order
21under s. 51.45 (13) (i) 1. is canceled under s. 51.45 (13) (i) 2. c.
SB44, s. 22 22Section 22. 968.20 (1r) (d) of the statutes is created to read:
SB44,12,2523 968.20 (1r) (d) If the seized property is a firearm ordered seized under s. 54.10
24(3) (f) 1., the court that issued that order shall order the firearm returned if the order
25under s. 54.10 (3) (f) 1. is canceled under s. 54.10 (3) (f) 2. c.
SB44, s. 23
1Section 23. 968.20 (1r) (e) of the statutes is created to read:
SB44,13,42 968.20 (1r) (e) If the seized property is a firearm ordered seized under s. 55.12
3(10) (a), the court that issued that order shall order the firearm returned if the order
4under s. 55.12 (10) (a) is canceled under s. 55.12 (10) (b) 3.
SB44, s. 24 5Section 24 . Nonstatutory provisions.
SB44,13,156 (1) Using the procedure under section 227.24 of the statutes, the department
7of justice shall promulgate rules required under section 175.35 (2g) (d) of the
8statutes, as created by this act, for the period before the effective date of the
9permanent rules promulgated under that section, but not to exceed the period
10authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding
11section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of justice is not
12required to provide evidence that promulgating a rule under this subsection as an
13emergency rule is necessary for the preservation of public peace, health, safety, or
14welfare and is not required to provide a finding of an emergency for a rule
15promulgated under this subsection.
SB44, s. 25 16Section 25. Initial applicability.
SB44,13,1917 (1) The renumbering and amendment of section 51.20 (13) (cv) 1. of the statutes
18and the creation of section 51.20 (13) (cv) 1. a. and b. of the statutes first apply to
19dispositions made on the effective date of this subsection.
SB44,13,2120 (2) The treatment of section 51.45 (13) (i) of the statutes first applies to
21commitments ordered on the effective date of this subsection.
SB44,13,2322 (3) The treatment of section 54.10 (3) (f) of the statutes first applies to
23appointments made on the effective date of this subsection.
SB44,13,2524 (4) The treatment of section 55.12 (10) of the statutes first applies to court
25orders made on the effective date of this subsection.
SB44, s. 26
1Section 26. Effective dates. This act takes effect on the first day of the 2nd
2month beginning after publication, except as follows:
SB44,14,43 (1) The treatment of section 175.35 (2g) (d) of the statutes and Section 24 (1)
4of this act take effect on the day after publication.
SB44,14,55 (End)
Loading...
Loading...