SB380: Bill Text

SB380,3,24 941.29 (1m) (ag) The person has been convicted on or after the effective date of this paragraph .... [LRB inserts date], of a misdemeanor crime of domestic violence.

SB380, s. 5 Section 5. 941.29 (1m) (cm) of the statutes is created to read:

SB380,4,3 941.29 (1m) (cm) The person has been found not guilty by reason of mental disease or defect on or after the effective date of this paragraph .... [LRB inserts date], of a misdemeanor crime of domestic violence.

SB380, s. 6 Section 6. 941.29 (2) of the statutes is repealed.

SB380, s. 7 Section 7. 941.29 (3) of the statutes is amended to read:

SB380,4,7 941.29 (3) Any firearm involved in an offense under sub. (2) this section is subject to s. 968.20 (3).

SB380, s. 8 Section 8. 941.29 (4) of the statutes is amended to read:

SB380,4,11 941.29 (4) A person is concerned with the commission of a crime, as specified in s. 939.05 (2) (b), in violation of this section if he or she knowingly furnishes a person with a firearm in violation of sub. (2) this section.

SB380, s. 9 Section 9. 941.29 (5) (intro.) of the statutes is amended to read:

SB380,4,14 941.29 (5) (intro.) This section does not apply to any person specified in sub. (1) (1m) who:

SB380, s. 10 Section 10. 941.29 (5) (a) of the statutes is amended to read:

SB380,4,18 941.29 (5) (a) Has received a pardon with respect to the crime or felony specified in sub. (1) (1m) and has been expressly authorized to possess a firearm under 18 USC app. 1203; or

SB380, s. 11 Section 11. 941.29 (8) of the statutes is amended to read:

SB380,4,24 941.29 (8) This section does not apply to any person specified in sub. (1) (1m) (bm) if a court subsequently determines that the person is not likely to act in a manner dangerous to public safety. In any action or proceeding regarding this determination, the person has the burden of proving by a preponderance of the evidence that he or she is not likely to act in a manner dangerous to public safety.

SB380, s. 12 Section 12. 941.29 (9) of the statutes is amended to read:

SB380,5,3 941.29 (9) This section does not apply to a person specified in sub. (1) (1m) (e) if the prohibition under s. 51.20 (13) (cv) 1. has been canceled under s. 51.20 (13) (cv) 2. or (16) (gm).

SB380, s. 13 Section 13. 941.29 (10) (intro.) of the statutes is amended to read:

SB380,5,7 941.29 (10) (intro.) The prohibition against firearm possession under this section does not apply to a person specified in sub. (1) (1m) (f) if the person satisfies any of the following:

SB380, s. 14 Section 14. 971.17 (1g) of the statutes is renumbered 971.17 (1g) (a).

SB380, s. 15 Section 15. 971.17 (1g) (b) of the statutes is created to read:

SB380,5,11 971.17 (1g) (b) 1. In this paragraph, "misdemeanor crime of domestic violence" has the meaning given in s. 973.136 (1) (e).

SB380,5,16 2. If the defendant under sub. (1) is found not guilty by reason of mental disease or defect of a misdemeanor crime of domestic violence, the court shall enter a finding to that effect in the record for purposes of determining whether the person is prohibited from possessing a firearm under s. 941.29 and shall inform the defendant of the requirements and penalties under s. 941.29.

SB380, s. 16 Section 16. 973.136 of the statutes is created to read:

SB380,5,18 973.136 Prohibition for certain misdemeanor crimes. (1) In this section:

SB380,5,19 (a) "Caregiver" has the meaning given in s. 813.12 (1) (ad).

SB380,5,20 (b) "Dating relationship" has the meaning given in s. 813.12 (1) (ag).

SB380,5,21 (c) "Family member" has the meaning given in s. 813.12 (1) (b).

SB380,5,22 (d) "Household member" has the meaning given in s. 813.12 (1) (c).

SB380,5,23 (e) "Misdemeanor crime of domestic violence" means any of the following:

SB380,6,5 1. A violation or attempted violation of s. 940.19 (1), 940.195 (1), 940.225 (3m), 941.20 (1), or 947.012 (1) when committed by an adult family member or adult household member against another adult family member or adult household member, by an adult caregiver against an adult who is under the caregiver's care, by an adult against his or her adult former spouse, by an adult against an adult with whom the person has or had a dating relationship, or by an adult against an adult with whom the person has a child in common.

SB380,6,10 2. A violation of s. 947.01 in which the person engaged in violent or abusive conduct to harm, intimidate, or threaten an adult who is the person's family member or household member, an adult for whom the person is a caregiver, the person's adult former spouse, an adult with whom the person has or had a dating relationship, or an adult with whom the person has a child in common.

SB380,6,17 3. A misdemeanor, except a misdemeanor listed in subd. 1. or 2., committed by an adult family member or adult household member against another adult family member or adult household member, by an adult caregiver against an adult who is under the caregiver's care, by an adult against his or her adult former spouse, by an adult against an adult with whom the person has or had a dating relationship, or by an adult against an adult with whom the person has a child in common, if the court has increased the maximum term of imprisonment under s. 939.63 (1) (a).

SB380,6,20 (2) If a person is convicted of a misdemeanor crime of domestic violence, the court shall enter a finding to that effect in the record for purposes of determining whether the person is prohibited from possessing a firearm under s. 941.29.

SB380, s. 17 Section 17. 973.176 (1) of the statutes is amended to read:

SB380,6,25 973.176 (1) Firearm possession. Whenever a court imposes a sentence or places a defendant on probation regarding a felony conviction for a felony or for a misdemeanor crime of domestic violence, as defined in s. 973.136 (1) (e), the court shall inform the defendant of the requirements and penalties under s. 941.29.

SB380, s. 18 Section 18. Initial applicability.

SB380,7,4 (1) The treatment of section 971.17 (1g) (b) of the statutes first applies to findings of not guilty by reason of mental disease or defect that occur on the effective date of this subsection.

SB380,7,6 (2) The treatment of section 973.136 of the statutes first applies to convictions that occur on the effective date of this subsection.

SB380, s. 19 Section 19. Effective date.

SB380,7,9 (1) This act takes effect on the first day of the 6th month beginning after publication.

SB380,7,10 (End)