AB126: Bill Text

AB126, s. 66 Section 66. 941.237 (3) (cx) of the statutes is created to read:

AB126,50,3 941.237 (3) (cx) A licensee, as defined in s. 175.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g), if the licensee or out-of-state licensee is not consuming alcohol on the premises.

AB126, s. 67 Section 67. 941.237 (4) of the statutes is repealed.

AB126, s. 68 Section 68. 941.295 (1) of the statutes is renumbered 941.295 (1m).

AB126, s. 69 Section 69. 941.295 (1c) (b) and (c) of the statutes are created to read:

AB126,50,7 941.295 (1c) (b) "Licensee" has the meaning given in s. 175.60 (1) (d).

AB126,50,8 (c) "Out-of-state licensee" has the meaning given in s. 175.60 (1) (g).

AB126, s. 70 Section 70. 941.295 (2) (intro.) of the statutes is amended to read:

AB126,50,10 941.295 (2) (intro.) Subsection (1) (1m) does not apply to any of the following:

AB126, s. 71 Section 71. 941.295 (2) (d) of the statutes is renumbered 941.295 (2) (d) (intro.) and amended to read:

AB126,50,16 941.295 (2) (d) (intro.) Any manufacturer or seller whose of electric weapons are used in this state solely by persons, unless the manufacturer or seller engages in the conduct described in sub. (1m) with the intent to provide an electric weapon to someone other than one of the following:

AB126,50,17 1. A person specified in pars. (a) to (c), a licensee, or an out-of-state licensee.

AB126, s. 72 Section 72. 941.295 (2) (d) 2. of the statutes is created to read:

AB126,50,20 941.295 (2) (d) 2. A person for use in his or her dwelling or place of business or on land that he or she owns, leases, or legally occupies.

AB126, s. 73 Section 73. 941.295 (2g) of the statutes is created to read:

AB126,50,23 941.295 (2g) The prohibition in sub. (1m) on possessing or going armed with an electric weapon does not apply to any of the following:

AB126,50,24 (a) A licensee or an out-of-state licensee.

AB126,51,3 (b) An individual who goes armed with an electric weapon in his or her own dwelling or place of business or on land that he or she owns, leases, or legally occupies.

AB126, s. 74 Section 74. 941.295 (2r) of the statutes is created to read:

AB126,51,6 941.295 (2r) The prohibition in sub. (1m) on transporting an electric weapon does not apply to any of the following:

AB126,51,7 (a) A licensee or an out-of-state licensee.

AB126,51,10 (b) An individual who is not a licensee or an out-of-state licensee who transports an electric weapon if the electric weapon is enclosed within a carrying case.

AB126, s. 75 Section 75. 941.295 (4) of the statutes is renumbered 941.295 (1c) (intro.) and amended to read:

AB126,51,13 941.295 (1c) (intro.) In this section, "electric:

AB126,51,16 (a) "Electric weapon" means any device which is designed, redesigned, used or intended to be used, offensively or defensively, to immobilize or incapacitate persons by the use of electric current.

AB126, s. 76 Section 76. 943.13 (1e) (a) of the statutes is renumbered 943.13 (1e) (ar).

AB126, s. 77 Section 77. 943.13 (1e) (aL) of the statutes is created to read:

AB126,51,19 943.13 (1e) (aL) "Carry" has the meaning given in s. 175.60 (1) (ag).

AB126, s. 78 Section 78. 943.13 (1e) (bm) of the statutes is created to read:

AB126,51,22 943.13 (1e) (bm) "Licensee" means a licensee, as defined in s. 176.60 (1) (d), or an out-of-state licensee, as defined in s. 175.60 (1) (g).

AB126, s. 79 Section 79. 943.13 (1e) (cm) of the statutes is created to read:

AB126,51,25 943.13 (1e) (cm) "Nonresidential building" includes any privately or publicly owned building on the grounds of a university or college.

AB126, s. 80 Section 80. 943.13 (1e) (g) of the statutes is created to read:

AB126,52,3 943.13 (1e) (g) "Out-of-state licensee" has the meaning given in s. 175.60 (1) (g).

AB126, s. 81 Section 81. 943.13 (1m) (b) of the statutes is amended to read:

AB126,52,9 943.13 (1m) (b) Enters or remains on any land of another after having been notified by the owner or occupant not to enter or remain on the premises. This paragraph does not apply to a licensee or out-of-state licensee if the owner's or occupant's intent is to prevent the licensee or out-of-state licensee from carrying a firearm on the owner's or occupant's land.

AB126, s. 82 Section 82. 943.13 (1m) (c) of the statutes is created to read:

AB126,52,20 943.13 (1m) (c) 1. While carrying a firearm, enters or remains at a residence that the actor does not own or occupy after the owner of the residence, if he or she has not leased it to another person, or the occupant of the residence has notified the actor not to enter or remain at the residence while carrying a firearm or with that type of firearm. In this subdivision, "residence," with respect to a single-family residence, includes the residence building and the parcel of land upon which the residence building is located, and "residence," with respect to a residence that is not a single-family residence, does not include any common area of the building in which the residence is located or any common areas of the rest of the parcel of land upon which the residence building is located.

AB126,53,3 2. While carrying a firearm, enters or remains in any part of a nonresidential building that the actor does not own or occupy after the owner of the building, if that part of the building has not been leased to another person, or the occupant of that part of the building has notified the actor not to enter or remain in that part of the building while carrying a firearm or with that type of firearm. This subdivision does not apply to a part of a building occupied by the state or by a local governmental unit or, if the firearm is in a vehicle driven or parked in the parking facility, to any part of a building used as a parking facility.

AB126, s. 83 Section 83. 943.13 (1n) of the statutes is created to read:

AB126,53,13 943.13 (1n) A person is guilty of a Class C misdemeanor if he or she, 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) (am) 1., 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 subsection 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.

AB126, s. 84 Section 84. 943.13 (2) of the statutes is renumbered 943.13 (2) (am), and 943.13 (2) (am) (intro.) and 1., as renumbered, are amended to read:

AB126,53,19 943.13 (2) (am) (intro.) A person has received notice from the owner or occupant within the meaning of sub. (1m) (b), (e) or (f) if he or she has been notified personally, either orally or in writing, or if the land is posted. Land is considered to be posted under this subsection paragraph under either of the following procedures:

AB126,54,3 1. If a sign at least 11 inches square is placed in at least 2 conspicuous places for every 40 acres to be protected. The sign must carry provide an appropriate notice and the name of the person giving the notice followed by the word "owner" if the person giving the notice is the holder of legal title to the land and by the word "occupant" if the person giving the notice is not the holder of legal title but is a lawful occupant of the land. Proof that appropriate signs as provided in this paragraph subdivision were erected or in existence upon the premises to be protected prior to the event complained of shall be prima facie proof that the premises to be protected were posted as provided in this paragraph subdivision.

AB126, s. 85 Section 85. 943.13 (2) (bm) of the statutes is created to read:

AB126,54,7 943.13 (2) (bm) 1. In this paragraph, "sign" means a sign that states a restriction imposed under subd. 2. that is at least 8.5 inches by 11 inches and colored orange as described in s. 29.301 (2).

AB126,54,14 2. For the purposes of subs. (1m) (c) 2. and (1n), an owner or occupant of a part of a nonresidential building or the state or a local governmental unit has notified an individual not to enter or remain in that part of the building while carrying a firearm or with a particular type of firearm if the owner, occupant, state, or local governmental unit 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 individual entering the building can be reasonably expected to see the sign.

AB126, s. 86 Section 86. 943.13 (3) of the statutes is amended to read:

AB126,54,19 943.13 (3) Whoever erects on the land of another signs which are the same as or similar to those described in sub. (2) (am) without obtaining the express consent of the lawful occupant of or holder of legal title to such land is subject to a Class C forfeiture.

AB126, s. 87 Section 87. 946.71 of the statutes is created to read:

AB126,54,22 946.71 Unlawful use of license for carrying concealed weapons. (1) In this section, "license" means a license issued under s. 175.60 (2) or (9r).

AB126,54,23 (2) Whoever does any of the following is guilty of a Class A misdemeanor:

AB126,54,25 (a) Intentionally represents as valid any revoked, suspended, fictitious, or fraudulently altered license.

AB126,55,2 (b) If the actor holds a license, intentionally sells or lends the license to any other individual or knowingly permits another individual to use the license.

AB126,55,3 (c) Intentionally represents as one's own any license not issued to him or her.

AB126,55,5 (d) If the actor holds a license, intentionally permits any unlawful use of that license.

AB126,55,7 (e) Intentionally reproduces by any means a copy of a license for a purpose that is prohibited under this subsection.

AB126,55,8 (f) Intentionally defaces or intentionally alters a license.

AB126, s. 88 Section 88. 947.01 of the statutes is renumbered 947.01 (1).

AB126, s. 89 Section 89. 947.01 (2) of the statutes is created to read:

AB126,55,13 947.01 (2) A person is not in violation of, and may not be charged with a violation of, sub. (1) for loading, carrying, or going armed with a firearm, without regard to whether the firearm is loaded or is concealed or openly carried.

AB126, s. 90 Section 90. 947.011 (2) (a) 1. of the statutes is amended to read:

AB126,55,17 947.011 (2) (a) 1. Engage in conduct that is prohibited under s. 947.01 (1) within 500 feet of any entrance to a facility being used for the service with the intent to disrupt the service.

AB126, s. 91 Section 91. 947.011 (2) (c) 1. of the statutes is amended to read:

AB126,55,20 947.011 (2) (c) 1. Engage in conduct that is prohibited under s. 947.01 (1) within 500 feet of any entrance to a facility being used for the service.

AB126, s. 92 Section 92. 947.011 (2) (d) of the statutes is amended to read:

AB126,55,23 947.011 (2) (d) No person may impede vehicles that are part of a funeral procession if the person's conduct violates s. 947.01 (1).

AB126, s. 93 Section 93. 948.60 (1) of the statutes is amended to read:

AB126,56,9 948.60 (1) In this section, "dangerous weapon" means any firearm, loaded or unloaded; any electric weapon, as defined in s. 941.295 (4) (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.

AB126, s. 94 Section 94. 948.605 (1) (a) and (am) of the statutes are repealed.

AB126, s. 95 Section 95. 948.605 (2) (b) (intro.) of the statutes is amended to read:

AB126,56,13 948.605 (2) (b) (intro.) Paragraph (a) does not apply to the possession of a firearm by any of the following:

AB126, s. 96 Section 96. 948.605 (2) (b) 1. to 5. and 7. of the statutes are repealed.

AB126, s. 97 Section 97. 948.605 (2) (b) 1m. and 1r. of the statutes are created to read:

AB126,56,17 948.605 (2) (b) 1m. A person who possesses the firearm in accordance with 18 USC 922 (q) (2) (B) (i), (iii), (iv), (v), (vi), or (vii).

AB126,56,21 1r. Except if the person is in or on the grounds of a school, a person who possesses the firearm in accordance with 18 USC 922 (q) (2) (B) (ii). For purposes of 18 USC 922 (q) (2) (B) (ii), an out-of-state licensee, as defined in s. 175.60 (1) (g), is fully licensed under the laws of this state.

AB126, s. 98 Section 98. 948.605 (2) (b) 6. of the statutes is renumbered 948.605 (2) (b) 2m. and amended to read:

AB126,56,25 948.605 (2) (b) 2m. By a law enforcement officer or A state-certified commission warden acting in his or her official capacity; or.

AB126, s. 99 Section 99. 948.605 (2) (b) 8. of the statutes is renumbered 948.605 (2) (b) 3m. and amended to read:

AB126,57,5 948.605 (2) (b) 3m. By a A person who is legally hunting in a school forest if the school board has decided that hunting may be allowed in the school forest under s. 120.13 (38).

AB126, s. 100 Section 100. 968.255 (1) (a) 2. of the statutes is amended to read:

AB126,57,8 968.255 (1) (a) 2. Arrested for any misdemeanor under s. 167.30 (1), 940.19, 941.20 (1), 941.23, 941.237, 941.24, 948.60, or 948.61.

AB126, s. 101 Section 101. 971.37 (1m) (a) 2. of the statutes is amended to read:

AB126,57,16 971.37 (1m) (a) 2. An adult accused of or charged with a criminal violation of s. 940.19, 940.20 (1m), 940.201, 940.225, 940.23, 940.285, 940.30, 940.42, 940.43, 940.44, 940.45, 940.48, 941.20, 941.30, 943.01, 943.011, 943.14, 943.15, 946.49, 947.01 (1), 947.012 or 947.0125 and the conduct constituting the violation involved an act by the adult person against his or her spouse or former spouse, against an adult with whom the adult person resides or formerly resided or against an adult with whom the adult person has created a child.

AB126, s. 102 Section 102. 973.055 (1) (a) 1. of the statutes is amended to read:

AB126,57,23 973.055 (1) (a) 1. The court convicts the person of a violation of a crime specified in s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.19, 940.20 (1m), 940.201, 940.21, 940.225, 940.23, 940.235, 940.285, 940.30, 940.305, 940.31, 940.42, 940.43, 940.44, 940.45, 940.48, 941.20, 941.30, 943.01, 943.011, 943.14, 943.15, 946.49, 947.01 (1), 947.012 or 947.0125 or of a municipal ordinance conforming to s. 940.201, 941.20, 941.30, 943.01, 943.011, 943.14, 943.15, 946.49, 947.01 (1), 947.012 or 947.0125; and

AB126, s. 103 Section 103 . 0Nonstatutory provisions.

AB126,58,9 (1) Using the procedure under section 227.24 of the statutes, the department of justice shall promulgate rules required under section 165.25 (12) of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under those sections, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of an emergency for a rule promulgated under this subsection.

AB126, s. 104 Section 104. Effective dates. This act takes effect on the first day of the 4th month beginning after publication, except as follows: