LRB-3998/1
CMH:ahe
2019 - 2020 LEGISLATURE
August 29, 2019 - Introduced by Senators Johnson, Carpenter, Hansen, Larson,
Miller, Risser and Shilling, cosponsored by Representatives Hebl, C.
Taylor
, Anderson, Bowen, Cabrera, Considine, Fields, Kolste, Neubauer,
Pope, Sargent, Sinicki and Spreitzer. Referred to Committee on Judiciary
and Public Safety.
SB376,1,5 1An Act to renumber 941.29 (1g) (a) and 971.17 (1g); to amend 973.176 (1); and
2to create 941.29 (1g) (ah), 941.29 (1m) (ag), 941.29 (1m) (cm), 971.17 (1g) (b)
3and 973.136 of the statutes; relating to: the possession of a firearm by a person
4who has committed a misdemeanor crime of domestic violence and providing
5a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from possessing a firearm if he or she has been
convicted of a felony, found not guilty of a felony by reason of mental disease or defect,
or adjudicated delinquent for an act that if committed by an adult in this state would
be a felony. Federal law prohibits a person who is convicted of a misdemeanor crime
of domestic violence from possessing a firearm. Under this bill, following a
conviction, or a finding of not guilty by reason of mental disease or defect, for a
misdemeanor crime of domestic violence, state law also prohibits the person from
possessing a firearm. A person who violates the prohibition is guilty of a felony and
is subject to a fine of up to $25,000 or a term of imprisonment of up to ten years, or
both.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.

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:
SB376,1 1Section 1. 941.29 (1g) (a) of the statutes is renumbered 941.29 (1g) (at).
SB376,2 2Section 2. 941.29 (1g) (ah) of the statutes is created to read:
SB376,2,43 941.29 (1g) (ah) “Misdemeanor crime of domestic violence" has the meaning
4given in s. 973.136 (1) (c).
SB376,3 5Section 3. 941.29 (1m) (ag) of the statutes is created to read:
SB376,2,76 941.29 (1m) (ag) The person has been convicted on or after the effective date
7of this paragraph .... [LRB inserts date], of a misdemeanor crime of domestic violence.
SB376,4 8Section 4 . 941.29 (1m) (cm) of the statutes is created to read:
SB376,2,119 941.29 (1m) (cm) The person has been found not guilty by reason of mental
10disease or defect on or after the effective date of this paragraph .... [LRB inserts date],
11of a misdemeanor crime of domestic violence.
SB376,5 12Section 5 . 971.17 (1g) of the statutes is renumbered 971.17 (1g) (a).
SB376,6 13Section 6 . 971.17 (1g) (b) of the statutes is created to read:
SB376,2,1514 971.17 (1g) (b) 1. In this paragraph, “misdemeanor crime of domestic violence"
15has the meaning given in s. 973.136 (1) (c).
SB376,2,2016 2. If the defendant under sub. (1) is found not guilty by reason of mental disease
17or defect of a misdemeanor crime of domestic violence, the court shall enter a finding
18to that effect in the record for purposes of determining whether the person is
19prohibited from possessing a firearm under s. 941.29 and shall inform the defendant
20of the requirements and penalties under s. 941.29.
SB376,7 21Section 7. 973.136 of the statutes is created to read:
SB376,3,1
1973.136 Prohibition for certain misdemeanor crimes. (1) In this section:
SB376,3,72 (a) “Dating relationship" means a romantic or intimate social relationship
3between 2 individuals but “dating relationship” does not include a casual
4relationship or an ordinary fraternization between 2 individuals in a business or
5social context. A court shall determine if a dating relationship existed by considering
6the length of the relationship, the type of the relationship, and the frequency of the
7interaction between the individuals involved in the relationship.
SB376,3,88 (b) “Family member" has the meaning given in s. 813.12 (1) (b).
SB376,3,99 (c) “Misdemeanor crime of domestic violence" means any of the following:
SB376,3,1410 1. A violation or attempted violation of s. 940.19 (1), 940.195 (1), 940.225 (3m),
11or 941.20 (1) when committed by an adult family member against another family
12member, by an adult against his or her former spouse, by an adult against an
13individual with whom the adult has or had a dating relationship, or by an adult
14against an individual with whom the adult has a child in common.
SB376,3,1915 2. A violation of s. 947.01 in which the adult actor engaged in violent or abusive
16conduct to harm, intimidate, or threaten an individual who is the adult actor's family
17member, the adult actor's former spouse, an individual with whom the adult actor
18has or had a dating relationship, or an individual with whom the adult actor has a
19child in common.
SB376,3,2520 3. A misdemeanor, except a misdemeanor listed in subd. 1. or 2., committed by
21an adult family member against another family member, by an adult against his or
22her former spouse, by an adult against an individual with whom the adult has or had
23a dating relationship, or by an adult against an individual with whom the adult has
24a child in common, if the court has increased the maximum term of imprisonment
25under s. 939.63 (1) (a).
SB376,4,3
1(2) If an individual is convicted of a misdemeanor crime of domestic violence,
2the court shall enter a finding to that effect in the record for purposes of determining
3whether the individual is prohibited from possessing a firearm under s. 941.29.
SB376,8 4Section 8. 973.176 (1) of the statutes is amended to read:
SB376,4,95 973.176 (1) Firearm possession. Whenever a court imposes a sentence or
6places a defendant on probation regarding a felony conviction for a felony or for a
7misdemeanor crime of domestic violence, as defined in s. 973.136 (1) (c)
, the court
8shall inform the defendant of the requirements and penalties applicable to him or her
9under s. 941.29 (1m) or (4m).
SB376,9 10Section 9. Initial applicability.
SB376,4,1211 (1) The treatment of s. 971.17 (1g) (b) first applies to a finding of not guilty by
12reason of mental disease or defect that occurs on the effective date of this subsection.
SB376,4,1413 (2) The treatment of s. 973.136 first applies to a conviction that occurs on the
14effective date of this subsection.
SB376,10 15Section 10. Effective date.
SB376,4,1716 (1) This act takes effect on the first day of the 6th month beginning after
17publication.
SB376,4,1818 (End)
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