AB65-engrossed,2 4Section 2. 165.63 (4) (a) of the statutes is amended to read:
AB65-engrossed,3,55 165.63 (4) (a) Enforce or investigate a violation of s. 941.29 or 941.2905.
AB65-engrossed,3 6Section 3. 165.988 of the statutes is created to read:
AB65-engrossed,3,7 7165.988 Grants for armed school safety officers. (1) In this section:
AB65-engrossed,3,98 (a) “Former officer” means a person who was formerly employed as a law
9enforcement officer to whom s. 941.23 (2) (c) 1. to 7. applies.
AB65-engrossed,3,1210 (b) “Law enforcement officer” means a person who is employed in this state by
11a public agency as a law enforcement officer and to whom s. 941.23 (1) (g) 2. to 5. and
12(2) (b) 1. to 3. applies.
AB65-engrossed,3,15 13(2) The department of justice may provide grants from the appropriation under
14s. 20.455 (3) (g) to school districts to employ law enforcement officers or former law
15enforcement officers as armed school safety officers.
AB65-engrossed,3,19 16(3) A school district applying to the department of justice for a grant under sub.
17(2) shall include a proposed plan of expenditure of the grant moneys. The plan shall
18also include that any armed school safety officer shall report to the principal of the
19school at which he or she is assigned.
AB65-engrossed,3,21 20(4) A school district that receives grant moneys under sub. (2) may expend the
21moneys only on costs associated with employing armed school safety officer.
AB65-engrossed,4,2 22(5) A school district may receive a grant under sub. (2) for 3 consecutive years
23without submitting a new application each year. In the first year, the grant shall
24cover 75 percent of the costs associated with employing armed school safety officers;
25in the 2nd year, the grant shall cover 50 percent of the costs associated with

1employing armed school safety officers; and in the 3rd year, the grant shall cover 25
2percent of the costs associated with employing armed school safety officers.
AB65-engrossed,4,5 3(6) The department of justice shall indemnify a school district receiving grant
4moneys and an armed school safety officer employed using the grant moneys for any
5actions taken in good faith.
AB65-engrossed,4 6Section 4. 175.35 (2g) (b) of the statutes is renumbered 175.35 (2g) (b) 1.
AB65-engrossed,5 7Section 5. 175.35 (2g) (b) 2. of the statutes is created to read:
AB65-engrossed,4,138 175.35 (2g) (b) 2. The department of justice shall ensure that each notification
9form under subd. 1. requires the transferee to indicate that he or she is not
10purchasing the firearm with the purpose or intent to transfer the firearm to a person
11who is prohibited from possessing a firearm under state or federal law and that each
12notification form informs the transferee that making a false statement with regard
13to this purpose or intent is a Class H felony.
AB65-engrossed,6 14Section 6. 175.35 (3) of the statutes is renumbered 175.35 (3) (a) and amended
15to read:
AB65-engrossed,4,1816 175.35 (3) (a) Any person who intentionally violates sub. (2), (2e), (2f), or (2j)
17shall be fined not less than $500 nor more than $10,000 and may be imprisoned for
18not more than 9 months.
AB65-engrossed,7 19Section 7. 175.35 (3) (b) of the statutes is created to read:
AB65-engrossed,4,2220 175.35 (3) (b) 1. Except as provided in subd. 2., a person who intentionally
21violates sub. (2e) shall be fined not less than $500 nor more than $10,000 and may
22be imprisoned for not more than 9 months.
AB65-engrossed,5,223 2. A person who violates sub. (2e) by intentionally providing false information
24regarding whether he or she is purchasing the firearm with the purpose or intent to
25transfer the firearm to another who the person knows or reasonably should know is

1prohibited from possessing a firearm under state or federal law is guilty of a Class
2H felony. The penalty shall include a fine that is not less than $500.
AB65-engrossed,8 3Section 8. 175.35 (4) of the statutes is created to read:
AB65-engrossed,5,84 175.35 (4) The department of justice or the district attorney may institute,
5manage, control, and direct, in the proper county, a prosecution for a violation of sub.
6(2e) that is punishable under sub. (3) (b) 2. When prosecuting such a violation, the
7department of justice shall have and exercise all powers conferred upon district
8attorneys.
AB65-engrossed,9 9Section 9. 813.1285 (3) (a) 1. d. of the statutes is amended to read:
AB65-engrossed,5,1110 813.1285 (3) (a) 1. d. The court informs the person to whom the firearm is
11surrendered of the requirements and penalties under s. 941.29 (4) 941.2905.
AB65-engrossed,10 12Section 10. 813.1285 (4) (b) 1. (intro.) of the statutes is amended to read:
AB65-engrossed,5,1913 813.1285 (4) (b) 1. (intro.) If the respondent wants to surrender his or her
14firearms to a person who is not the sheriff and who appears at the hearing to
15surrender firearms, and if the court, after considering all relevant factors and input
16from the petitioner, approves the surrender and informs the person to whom the
17firearms are surrendered of the requirements and penalties under s. 941.29 (4)
18941.2905, order the respondent to surrender his or her firearms in one of the
19following ways:
AB65-engrossed,11 20Section 11. 813.1285 (7) (b) of the statutes is amended to read:
AB65-engrossed,6,521 813.1285 (7) (b) If a respondent surrenders a firearm under this section that
22is owned by a person other than the respondent, the person who owns the firearm
23may apply for its return to the circuit court for the county in which the person to
24whom the firearm was surrendered is located. The court shall order such notice as
25it considers adequate to be given to all persons who have or may have an interest in

1the firearm and shall hold a hearing to hear all claims to its true ownership. If the
2right to possession is proved to the court's satisfaction, it shall order the firearm
3returned. If the court returns a firearm under this paragraph, the court shall inform
4the person to whom the firearm is returned of the requirements and penalties under
5s. 941.29 (4) 941.2905.
AB65-engrossed,12 6Section 12. 939.46 (3) of the statutes is created to read:
AB65-engrossed,6,127 939.46 (3) A petitioner under s. 813.12 or 813.122, or an individual whose
8parent, stepparent, or legal guardian filed a petition under s. 813.122 on behalf of the
9individual as a child victim, as defined in s. 813.122 (1) (c), has an affirmative defense
10for an offense under s. 175.35 (2e) that is punishable under s. 175.35 (3) (b) 2., or for
11an offense under s. 941.2905, if the person prohibited from possessing a firearm was
12the respondent in the action under s. 813.12 or 813.122.
AB65-engrossed,13 13Section 13. 939.6195 of the statutes is created to read:
AB65-engrossed,6,15 14939.6195 Mandatory minimum sentence for repeat firearm crimes. (1)
15In this section:
AB65-engrossed,6,1616 (a) “Firearm violation" means any of the following:
AB65-engrossed,6,1717 1. A violation of s. 941.29 or 941.2905.
AB65-engrossed,6,1918 2. A commission of any crime specified under chs. 939 to 951 and 961 if the
19person uses a firearm in the commission of the crime.
AB65-engrossed,6,2020 (b) “Repeater" has the meaning given in s. 939.62 (2).
AB65-engrossed,6,25 21(2) If a person who is a repeater is convicted of a firearm violation, the court
22shall impose a bifurcated sentence under s. 973.01. Notwithstanding s. 973.01 (2)
23(b), the term of confinement in prison portion of the bifurcated sentence shall be at
24least 4 years, but otherwise the penalties for the crime apply, subject to any
25applicable penalty enhancement. The court may not place the person on probation.
AB65-engrossed,7,1
1(3) This section does not apply to sentences imposed after July 1, 2022.
AB65-engrossed,7,7 2(4) The department of justice shall, after consulting with persons the
3department determines to be appropriate, including the city of Milwaukee and the
4Milwaukee police department, prepare a report on the efficacy of the mandatory
5minimum sentence under this section. No later than August 1, 2022, the department
6of justice shall submit the report to the chief clerk of each house of the legislature,
7for distribution to the legislature under s. 13.172 (2).
AB65-engrossed,14 8Section 14. 941.29 (1g) (a) of the statutes is amended to read:
AB65-engrossed,7,169 941.29 (1g) (a) “Violent felony" means any felony under s. 943.23 (1m), 1999
10stats., or s. 943.23 (1r), 1999 stats., this section, or s. 940.01, 940.02, 940.03, 940.05,
11940.06, 940.08, 940.09, 940.10, 940.19, 940.195, 940.20, 940.201, 940.203, 940.21,
12940.225, 940.23, 940.235, 940.285 (2), 940.29, 940.295 (3), 940.30, 940.302, 940.305,
13940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20, 941.26, 941.28, 941.2905, 941.292,
14941.30, 941.327 (2) (b) 3. or 4., 943.02, 943.04, 943.06, 943.10 (2), 943.23 (1g), 943.32,
15943.87, 946.43, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.051, 948.06,
16948.07, 948.08, 948.085, or 948.30.
AB65-engrossed,15 17Section 15. 941.29 (4) of the statutes is repealed.
AB65-engrossed,16 18Section 16. 941.2905 of the statutes is created to read:
AB65-engrossed,7,22 19941.2905 Straw purchasing of firearms. (1) Whoever intentionally
20furnishes, purchases, or possesses a firearm for a person, knowing that the person
21is prohibited from possessing a firearm under s. 941.29 (1m), is guilty of a Class G
22felony.
AB65-engrossed,7,25 23(2) The prohibition in sub. (1) against possessing a firearm for a person who
24is prohibited from possessing a firearm does not apply to the possession of a firearm
25by any of the following:
AB65-engrossed,8,1
1(a) A person to whom the firearm is surrendered under s. 813.1285.
AB65-engrossed,8,42 (b) A person who has been designated under s. 51.20 (13) (cv) 3. to store the
3firearm during the duration of the order under s. 51.20 (13) (cv) 1. not to possess a
4firearm.
AB65-engrossed,8,75 (c) A person who has been designated under s. 51.45 (13) (i) 3. to store the
6firearm during the duration of the order under s. 51.45 (13) (i) 1. not to possess a
7firearm.
AB65-engrossed,8,98 (d) A person who has been designated under s. 54.10 (3) (f) 3. to store the
9firearm during the duration of the order under s. 54.10 (3) (f) 1.
AB65-engrossed,8,1110 (e) A person who has been designated under s. 55.12 (10) (c) to store the firearm
11during the duration of the order under s. 55.12 (10) (a).
AB65-engrossed,8,1412 (f) A person not covered under pars. (a) to (e) who has been designated to store
13the firearm during the duration of any temporary prohibition on the possession of a
14firearm.
AB65-engrossed,17 15Section 17. 973.12 of the statutes is amended to read:
AB65-engrossed,9,8 16973.12 Sentence of a repeater or persistent repeater. (1) Whenever a
17person charged with a crime will be a repeater or a persistent repeater under s.
18939.62 or subject to a penalty under s. 939.6195 if convicted, any applicable prior
19convictions may be alleged in the complaint, indictment or information or
20amendments so alleging at any time before or at arraignment, and before acceptance
21of any plea. The court may, upon motion of the district attorney, grant a reasonable
22time to investigate possible prior convictions before accepting a plea. If the prior
23convictions are admitted by the defendant or proved by the state, he or she shall be
24subject to sentence under s. 939.6195 or 939.62 unless he or she establishes that he
25or she was pardoned on grounds of innocence for any crime necessary to constitute

1him or her a repeater or a persistent repeater. An official report of the F.B.I. or any
2other governmental agency of the United States or of this or any other state shall be
3prima facie evidence of any conviction or sentence therein reported. Any sentence
4so reported shall be deemed prima facie to have been fully served in actual
5confinement or to have been served for such period of time as is shown or is consistent
6with the report. The court shall take judicial notice of the statutes of the United
7States and foreign states in determining whether the prior conviction was for a felony
8or a misdemeanor.
AB65-engrossed,9,13 9(2) In every case of sentence under s. 939.6195 or 939.62, the sentence shall be
10imposed for the present conviction, but if the court indicates in passing sentence how
11much thereof is imposed because the defendant is a repeater, it shall not constitute
12reversible error, but the combined terms shall be construed as a single sentence for
13the present conviction.
AB65-engrossed,18 14Section 18. 976.05 (12) of the statutes is amended to read:
AB65-engrossed,9,1815 976.05 (12) Nothing in this section or in the agreement on detainers shall be
16construed to require the application of s. 939.6195 or 939.62 to any person on account
17of any conviction had in a proceeding brought to final disposition by reason of the use
18of said agreement.
AB65-engrossed,19 19Section 19. Initial applicability.
AB65-engrossed,9,2420 (1) False information on notification forms. The treatment of section 175.35
21(4) of the statutes, the renumbering of section 175.35 (2g) (b) of the statutes, the
22renumbering and amendment of section 175.35 (3) of the statutes, and the creation
23of section 175.35 (2g) (b) 2. and (3) (b) of the statutes first apply to offenses committed
24on the effective date of this subsection.
AB65-engrossed,10,3
1(2) Repeat firearm crimes. The treatment of section 939.6195 of the statutes
2first applies to offenses committed on the effective date of this subsection but does
3not preclude counting prior offenses for sentencing purposes.
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