LRB-4111/1
CMH:cdc
2023 - 2024 LEGISLATURE
January 2, 2024 - Introduced by Representatives Tusler, Behnke, Bodden,
Dittrich, Donovan, Edming, Gundrum, Magnafici, Murphy, Ortiz-Velez,
Schraa and Wichgers, cosponsored by Senators Wanggaard and
Cabral-Guevara. Referred to Committee on Criminal Justice and Public
Safety.
AB882,1,6 1An Act to amend 165.85 (3) (a), 165.85 (3) (c), 165.85 (3) (cm) (intro.), 5. and 6.,
2175.44 (1) (b) and 943.13 (4m) (bm); and to create 29.089 (2) (am), 29.091 (2)
3(am), 29.621 (4) (am), 165.85 (2) (fh), 165.85 (4) (am), 440.26 (3m) (am), 941.23
4(2) (am), 948.605 (2) (b) 2e. and 948.605 (3) (b) 5m. of the statutes; relating to:
5allowing a tactical emergency medical services professional to carry a firearm
6in prohibited areas.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from carrying a firearm in certain places,
including in public buildings, police stations, jails, courthouses, school zones, and
places that are marked with a notification that it is trespassing to carry a firearm
while on the property. Current law provides many exceptions, including an exception
for law enforcement officers acting in the line of duty. This bill adds an exception that
mirrors the exception for law enforcement officers for a tactical emergency medical
services professional who is certified as such by the Law Enforcement Standards
Board and acting in the line of duty. The bill defines a TEMS professional as a
licensed emergency medical services professional who has been endorsed by the
Department of Health Services as a person who provides medical services when
operating as part of a tactical team
Under current law, the Law Enforcement Standards Board regulates the
training and recertification training of law enforcement officers. As part of

recertification training, an officer must complete an annual handgun operation
qualification course. This bill requires LESB to establish minimum training
standards to certify TEMS professionals, including the same annual handgun
operation qualification course required for law enforcement officers.
For further information see the state 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:
AB882,1 1Section 1. 29.089 (2) (am) of the statutes is created to read:
AB882,2,32 29.089 (2) (am) A person who is certified as a tactical emergency medical
3services professional under s. 165.85 (3) while acting in the line of duty.
AB882,2 4Section 2. 29.091 (2) (am) of the statutes is created to read:
AB882,2,65 29.091 (2) (am) A person who is certified as a tactical emergency medical
6services professional under s. 165.85 (3) while acting in the line of duty.
AB882,3 7Section 3. 29.621 (4) (am) of the statutes is created to read:
AB882,2,98 29.621 (4) (am) A person who is certified as a tactical emergency medical
9services professional under s. 165.85 (3) while acting in the line of duty.
AB882,4 10Section 4. 165.85 (2) (fh) of the statutes is created to read:
AB882,2,1411 165.85 (2) (fh) “Tactical emergency medical services professional” means a
12licensed emergency medical services professional who has been endorsed by the
13department of health services as a person who provides medical services when
14operating as part of a tactical team.
AB882,5 15Section 5. 165.85 (3) (a) of the statutes is amended to read:
AB882,3,516 165.85 (3) (a) Promulgate rules for the administration of this section including
17the authority to require the submission of reports and information pertaining to the
18administration of this section by law enforcement agencies, tribal law enforcement
19agencies, jails, juvenile detention facilities, and schools approved by the board and

1operated by or for this state or any political subdivision of the state for the specific
2purpose of training law enforcement recruits, law enforcement officers, tribal law
3enforcement recruits, tribal law enforcement officers, tactical emergency medical
4services professionals,
jail officer recruits, jail officers, juvenile detention officer
5recruits, or juvenile detention officers in this state.
AB882,6 6Section 6. 165.85 (3) (c) of the statutes is amended to read:
AB882,3,127 165.85 (3) (c) Except as provided under sub. (3m) (a), certify persons as being
8qualified under this section to be law enforcement officers, tribal law enforcement
9officers, tactical emergency medical services professionals, jail officers, or juvenile
10detention officers. Prior to being certified under this paragraph, a tribal law
11enforcement officer shall agree to accept the duties of law enforcement officers under
12the laws of this state.
AB882,7 13Section 7. 165.85 (3) (cm) (intro.), 5. and 6. of the statutes are amended to read:
AB882,3,1614 165.85 (3) (cm) (intro.) Decertify law enforcement officers, tribal law
15enforcement officers, tactical emergency medical services professionals, jail officers,
16or juvenile detention officers who do any of the following:
AB882,3,2017 5. Are convicted of a felony or of any offense that, if committed in Wisconsin,
18could be punished as a felony. A law enforcement officer or tactical emergency
19medical services professional
so convicted shall notify the board within 30 days of his
20or her conviction.
AB882,4,2216. Are convicted of a misdemeanor crime of domestic violence, as defined in 18
22USC 921
(a) (33), or are convicted of domestic abuse, as defined in s. 968.075 (1) (a),
23or the conviction is subject to the imposition of the domestic abuse surcharge under
24s. 973.055 (1), regardless of whether any part of the surcharge is waived by the court
25under s. 973.055 (4). A law enforcement officer or tactical emergency medical

1services professional
so convicted shall notify the board within 30 days of his or her
2conviction.
AB882,8 3Section 8. 165.85 (4) (am) of the statutes is created to read:
AB882,4,134 165.85 (4) (am) Tactical emergency medical services professionals. 1. The board
5shall establish minimum training standards for tactical emergency medical services
6professionals. In establishing the minimum training standards, the board shall
7consider recommendations made by the curriculum advisory committee. The board
8may amend the standards as needed to respond to technological changes affecting
9law enforcement or tactical emergency medical services, additional
10recommendations made by the curriculum advisory committee, or other conditions
11affecting the public interest in maintaining training standards of a proper
12professional character. Notwithstanding s. 227.10 (1), the standards established
13under this subdivision need not be promulgated as rules under ch. 227.
AB882,4,1714 2. No person may be certified as a tactical emergency medical services
15professional, except on a temporary or probationary basis, unless the person has
16satisfactorily met the standards established under subd. 1. and has been certified by
17the board as being qualified to be a tactical emergency medical services professional.
AB882,5,318 3. A person who has met the minimum training standards established under
19subd. 1., and who seeks certification as a tactical emergency medical services
20professional, shall be fingerprinted on 2 fingerprint cards, each bearing a complete
21set of the person's fingerprints, or by other technologies approved by the department
22of justice. The fingerprints shall be submitted to the department of justice for
23verification of the identify of the person fingerprinted and to obtain records of his or
24her criminal arrests and convictions in Wisconsin. The department of justice shall
25provide for the submission of the fingerprint cards or fingerprints by other

1technologies to the federal bureau of investigation for the purpose of verifying the
2person fingerprinted and obtaining records of his or her criminal arrests and
3convictions on file with the federal bureau of investigation.
AB882,5,84 4. No person who has been convicted of any federal felony, any crime of domestic
5violence, or of any offense that, if committed in Wisconsin, could be punished as a
6felony qualifies for certification as a tactical emergency medical services professional
7unless he or she has been granted an absolute and unconditional pardon for the
8crime.
AB882,5,159 5. a. No person may continue to be certified as a tactical emergency medical
10services professional unless that person maintains employment as a tactical
11emergency medical services professional and meets annual recertification training
12standards. A tactical emergency medical services professional who is subject to this
13subdivision shall meet the recertification standards each fiscal year beginning in the
14fiscal year following the fiscal year in which he or she is certified as a tactical
15emergency medical services professional by the board.
AB882,5,2016 b. Each tactical emergency medical services professional who is subject to this
17subdivision shall annually complete a handgun qualification course from curricula
18based upon model standards established by the board under par. (e). Hours of
19training completed under this subd. 5. b. shall count toward the hours of training
20required for certification.
AB882,9 21Section 9. 175.44 (1) (b) of the statutes is amended to read:
AB882,5,2422 175.44 (1) (b) “Law enforcement officer” has the meaning given in s. 165.85 (2)
23(c) and includes a tactical emergency medical services professional certified under
24s. 165.85 (3)
.
AB882,10 25Section 10. 440.26 (3m) (am) of the statutes is created to read:
AB882,6,2
1440.26 (3m) (am) A person who is certified as a tactical emergency medical
2services professional under s. 165.85 (3) to carry a concealed firearm.
AB882,11 3Section 11. 941.23 (2) (am) of the statutes is created to read:
AB882,6,54 941.23 (2) (am) A person who is certified as a tactical emergency medical
5services professional under s. 165.85 (3) while acting in the line of duty.
AB882,12 6Section 12. 943.13 (4m) (bm) of the statutes is amended to read:
AB882,6,157 943.13 (4m) (bm) Subsection (1m) (c) 2. and 4. does not apply to a law
8enforcement officer employed in this state by a public agency to whom s. 941.23 (1)
9(g) 2. to 5. and (2) (b) 1. to 3. applies, to a tactical emergency medical services
10professional certified under s. 165.85 (3) acting in the line of duty,
to a qualified
11out-of-state law enforcement officer, as defined in s. 941.23 (1) (g), to whom s. 941.23
12(2) (b) 1. to 3. applies, or to a former officer, as defined in s. 941.23 (1) (c), to whom
13s. 941.23 (2) (c) 1. to 7. applies if the law enforcement officer, the tactical emergency
14medical services professional,
the qualified out-of-state law enforcement officer, or
15the former officer is in or on the grounds of a school, as defined in s. 948.61 (1) (b).
AB882,13 16Section 13. 948.605 (2) (b) 2e. of the statutes is created to read:
AB882,6,1817 948.605 (2) (b) 2e. A person who is certified as a tactical emergency medical
18services professional under s. 165.85 (3) acting in his or her official capacity.
AB882,14 19Section 14. 948.605 (3) (b) 5m. of the statutes is created to read:
AB882,6,2120 948.605 (3) (b) 5m. By a person who is certified as a tactical emergency medical
21services professional under s. 165.85 (3) acting in his or her official capacity.
AB882,6,2222 (End)
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