LRB-2507/1
CMH:ahe
2021 - 2022 LEGISLATURE
May 13, 2021 - Introduced by Representatives Mursau, Subeck, Anderson,
Andraca, Bowen, Cabral-Guevara, Emerson, Hebl, S. Rodriguez,
Shankland and Spreitzer, cosponsored by Senators Kooyenga, Feyen,
Cowles, Ballweg, Jacque, Ringhand, Roys, Smith and Wanggaard. Referred
to Committee on Criminal Justice and Public Safety.
AB322,1,4
1An Act to renumber 941.29 (1g) (a);
to amend 165.845 (2); and
to create 165.63
2(2) (c), 165.845 (1m), 175.35 (2g) (d) 3., 941.29 (1g) (ad) and 941.29 (1m) (h) of
3the statutes;
relating to: the possession of a firearm by a person who is a
4fugitive from justice and providing a 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 or if he or she is subject to certain injunctions, such as a domestic
violence or child abuse injunction. In addition, federal law prohibits a person from
possessing a firearm if he or she is a fugitive from justice; under current law there
is no comparable state prohibition. Under this bill, state law would also prohibit a
fugitive from justice from possessing a firearm. This bill defines “fugitive from
justice” as someone who leaves or hides within a jurisdiction to escape prosecution
or to avoid giving testimony in a criminal proceeding. 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 10 years, or both, which is the same penalty that is imposed
when a felon or a person subject to a domestic abuse or child abuse injunction violates
the prohibition against possessing a firearm.
This bill also requires that the Department of Justice collect information
identifying persons who are fugitives from justice. DOJ must then convey that
information to the national instant criminal background check system for the
purpose of background checks for firearm purchases and concealed carry licenses
and must use that information to respond to inquiries from law enforcement and
courts regarding whether a person is prohibited from possessing a firearm.
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:
AB322,1
1Section
1. 165.63 (2) (c) of the statutes is created to read:
AB322,2,32
165.63
(2) (c) Individuals who may not possess a firearm under s. 941.29 (1m)
3(h).
AB322,2
4Section
2. 165.845 (1m) of the statutes is created to read:
AB322,2,55
165.845
(1m) The department of justice shall:
AB322,2,96
(a) Collect information identifying individuals who are fugitives from justice,
7as defined in s. 941.29 (1g) (ad), to permit an accurate firearms restrictions record
8search under s. 175.35 (2g) (c), a background check under s. 175.60 (9g) (a), or an
9accurate response under s. 165.63.
AB322,2,1310
(b) Furnish all persons who can provide information under par. (a) with forms
11or instructions that specify the nature of the information required under par. (a), the
12deadline for providing the information, and any other matters that facilitate
13collection and identification.
AB322,3
14Section
3. 165.845 (2) of the statutes is amended to read:
AB322,3,315
165.845
(2) All persons in charge of law enforcement agencies and other
16criminal and juvenile justice system agencies shall supply the department of justice
17with the information described in
sub. subs. (1) (a)
and (1m) (a) on the basis of the
18forms or instructions or both to be supplied by the department
under sub. (1) (a). The
1department may conduct an audit to determine the accuracy of the data and other
2information it receives from law enforcement agencies and other criminal and
3juvenile justice system agencies.
AB322,4
4Section
4. 175.35 (2g) (d) 3. of the statutes is created to read:
AB322,3,85
175.35
(2g) (d) 3. The department of justice shall promulgate rules to convey
6information in a timely manner to the national instant criminal background check
7system regarding individuals who may not possess a firearm under s. 941.29 (1m)
8(h).
AB322,5
9Section
5. 941.29 (1g) (a) of the statutes is renumbered 941.29 (1g) (at).
AB322,6
10Section
6. 941.29 (1g) (ad) of the statutes is created to read:
AB322,3,1311
941.29
(1g) (ad) “Fugitive from justice” means an individual who has fled from
12a jurisdiction or hides within a jurisdiction to escape prosecution for a crime or to
13avoid giving testimony in a criminal proceeding.
AB322,7
14Section
7. 941.29 (1m) (h) of the statutes is created to read:
AB322,3,1515
941.29
(1m) (h) The person is a fugitive from justice.
