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LRBa2276/1
CMH:wlj
2017 - 2018 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO ASSEMBLY AMENDMENT 1,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 65
February 20, 2018 - Offered by Representative Sanfelippo.
AB65-ASA1-AA1-AA1,1,11 At the locations indicated, amend the amendment as follows:
AB65-ASA1-AA1-AA1,1,3 21. Page 1, line 1: delete the material beginning with that line and ending with
3page 10, line 17, and substitute:
AB65-ASA1-AA1-AA1,1,4 4 Section 1. 48.57 (3p) (g) 2. of the statutes is amended to read:
AB65-ASA1-AA1-AA1,1,95 48.57 (3p) (g) 2. The person has had imposed on him or her a penalty specified
6in s. 939.64, 1999 stats., or s. 939.641, 1999 stats., or s. 939.6195, 939.62, 939.621,
7939.63 or 939.645 or has been convicted of a violation of the law of any other state
8or federal law under circumstances under which the person would be subject to a
9penalty specified in any of those sections if convicted in this state.
AB65-ASA1-AA1-AA1,2 10Section 2. 165.63 (4) (a) of the statutes is amended to read:
AB65-ASA1-AA1-AA1,1,1111 165.63 (4) (a) Enforce or investigate a violation of s. 941.29 or 941.2905.
AB65-ASA1-AA1-AA1,3
1Section 3. 165.988 of the statutes is created to read:
AB65-ASA1-AA1-AA1,2,2 2165.988 Grants for armed school safety officers. (1) In this section:
AB65-ASA1-AA1-AA1,2,43 (a) “Former officer” means a person who was formerly employed as a law
4enforcement officer to whom s. 941.23 (2) (c) 1. to 7. applies.
AB65-ASA1-AA1-AA1,2,75 (b) “Law enforcement officer” means a person who is employed in this state by
6a public agency as a law enforcement officer and to whom s. 941.23 (1) (g) 2. to 5. and
7(2) (b) 1. to 3. applies.
AB65-ASA1-AA1-AA1,2,10 8(2) The department of justice may provide grants from the appropriation under
9s. 20.455 (3) (g) to school districts to employ law enforcement officers or former law
10enforcement officers as armed school safety officers.
AB65-ASA1-AA1-AA1,2,14 11(3) A school district applying to the department of justice for a grant under sub.
12(2) shall include a proposed plan of expenditure of the grant moneys. The plan shall
13also include that any armed school safety officer shall report to the principal of the
14school at which he or she is assigned.
AB65-ASA1-AA1-AA1,2,17 15(4) A school district that receives grant moneys under sub. (2) may expend the
16moneys only on costs associated with employing armed school safety officers and only
17in schools that have students in grades 5 to 12.
AB65-ASA1-AA1-AA1,2,23 18(5) A school district may receive a grant under sub. (2) for 3 consecutive years
19without submitting a new application each year. In the first year, the grant shall
20cover 75 percent of the costs associated with employing armed school safety officers;
21in the 2nd year, the grant shall cover 50 percent of the costs associated with
22employing armed school safety officers; and in the 3rd year, the grant shall cover 25
23percent of the costs associated with employing armed school safety officers.
AB65-ASA1-AA1-AA1,3,3
1(6) The department of justice shall indemnify a school district receiving grant
2moneys and an armed school safety officer employed using the grant moneys for any
3actions taken in good faith.
AB65-ASA1-AA1-AA1,4 4Section 4. 175.35 (2g) (b) of the statutes is renumbered 175.35 (2g) (b) 1.
AB65-ASA1-AA1-AA1,5 5Section 5. 175.35 (2g) (b) 2. of the statutes is created to read:
AB65-ASA1-AA1-AA1,3,116 175.35 (2g) (b) 2. The department of justice shall ensure that each notification
7form under subd. 1. requires the transferee to indicate that he or she is not
8purchasing the firearm with the purpose or intent to transfer the firearm to a person
9who is prohibited from possessing a firearm under state or federal law and that each
10notification form informs the transferee that making a false statement with regard
11to this purpose or intent is a Class H felony.
AB65-ASA1-AA1-AA1,6 12Section 6. 175.35 (3) of the statutes is renumbered 175.35 (3) (a) and amended
13to read:
AB65-ASA1-AA1-AA1,3,1614 175.35 (3) (a) Any person who intentionally violates sub. (2), (2e), (2f), or (2j)
15shall be fined not less than $500 nor more than $10,000 and may be imprisoned for
16not more than 9 months.
AB65-ASA1-AA1-AA1,7 17Section 7. 175.35 (3) (b) of the statutes is created to read:
AB65-ASA1-AA1-AA1,3,2018 175.35 (3) (b) 1. Except as provided in subd. 2., a person who intentionally
19violates sub. (2e) shall be fined not less than $500 nor more than $10,000 and may
20be imprisoned for not more than 9 months.
AB65-ASA1-AA1-AA1,3,2521 2. A person who violates sub. (2e) by intentionally providing false information
22regarding whether he or she is purchasing the firearm with the purpose or intent to
23transfer the firearm to another who the person knows or reasonably should know is
24prohibited from possessing a firearm under state or federal law is guilty of a Class
25H felony. The penalty shall include a fine that is not less than $500.
AB65-ASA1-AA1-AA1,8
1Section 8. 175.35 (4) of the statutes is created to read:
AB65-ASA1-AA1-AA1,4,62 175.35 (4) The department of justice or the district attorney may institute,
3manage, control, and direct, in the proper county, a prosecution for a violation of sub.
4(2e) that is punishable under sub. (3) (b) 2. When prosecuting such a violation, the
5department of justice shall have and exercise all powers conferred upon district
6attorneys.
AB65-ASA1-AA1-AA1,9 7Section 9. 813.1285 (3) (a) 1. d. of the statutes is amended to read:
AB65-ASA1-AA1-AA1,4,98 813.1285 (3) (a) 1. d. The court informs the person to whom the firearm is
9surrendered of the requirements and penalties under s. 941.29 (4) 941.2905.
AB65-ASA1-AA1-AA1,10 10Section 10. 813.1285 (4) (b) 1. (intro.) of the statutes is amended to read:
AB65-ASA1-AA1-AA1,4,1711 813.1285 (4) (b) 1. (intro.) If the respondent wants to surrender his or her
12firearms to a person who is not the sheriff and who appears at the hearing to
13surrender firearms, and if the court, after considering all relevant factors and input
14from the petitioner, approves the surrender and informs the person to whom the
15firearms are surrendered of the requirements and penalties under s. 941.29 (4)
16941.2905, order the respondent to surrender his or her firearms in one of the
17following ways:
AB65-ASA1-AA1-AA1,11 18Section 11. 813.1285 (7) (b) of the statutes is amended to read:
AB65-ASA1-AA1-AA1,5,319 813.1285 (7) (b) If a respondent surrenders a firearm under this section that
20is owned by a person other than the respondent, the person who owns the firearm
21may apply for its return to the circuit court for the county in which the person to
22whom the firearm was surrendered is located. The court shall order such notice as
23it considers adequate to be given to all persons who have or may have an interest in
24the firearm and shall hold a hearing to hear all claims to its true ownership. If the
25right to possession is proved to the court's satisfaction, it shall order the firearm

1returned. If the court returns a firearm under this paragraph, the court shall inform
2the person to whom the firearm is returned of the requirements and penalties under
3s. 941.29 (4) 941.2905.
AB65-ASA1-AA1-AA1,12 4Section 12. 939.46 (3) of the statutes is created to read:
AB65-ASA1-AA1-AA1,5,105 939.46 (3) A petitioner under s. 813.12 or 813.122, or an individual whose
6parent, stepparent, or legal guardian filed a petition under s. 813.122 on behalf of the
7individual as a child victim, as defined in s. 813.122 (1) (c), has an affirmative defense
8for an offense under s. 175.35 (2e) that is punishable under s. 175.35 (3) (b) 2., or for
9an offense under s. 941.2905, if the person prohibited from possessing a firearm was
10the respondent in the action under s. 813.12 or 813.122.
AB65-ASA1-AA1-AA1,13 11Section 13. 939.6195 of the statutes is created to read:
AB65-ASA1-AA1-AA1,5,13 12939.6195 Mandatory minimum sentence for repeat firearm crimes. (1)
13In this section:
AB65-ASA1-AA1-AA1,5,1414 (a) “Firearm violation" means any of the following:
AB65-ASA1-AA1-AA1,5,1515 1. A violation of s. 941.29 or 941.2905.
AB65-ASA1-AA1-AA1,5,1716 2. A commission of any crime specified under chs. 939 to 951 and 961 if the
17person uses a firearm in the commission of the crime.
AB65-ASA1-AA1-AA1,5,1818 (b) “Repeater" has the meaning given in s. 939.62 (2).
AB65-ASA1-AA1-AA1,5,23 19(2) If a person who is a repeater is convicted of a firearm violation, the court
20shall impose a bifurcated sentence under s. 973.01. Notwithstanding s. 973.01 (2)
21(b), the term of confinement in prison portion of the bifurcated sentence shall be at
22least 4 years, but otherwise the penalties for the crime apply, subject to any
23applicable penalty enhancement. The court may not place the person on probation.
AB65-ASA1-AA1-AA1,5,24 24(3) This section does not apply to sentences imposed after July 1, 2022.
AB65-ASA1-AA1-AA1,6,6
1(4) The department of justice shall, after consulting with persons the
2department determines to be appropriate, including the city of Milwaukee and the
3Milwaukee police department, prepare a report on the efficacy of the mandatory
4minimum sentence under this section. No later than August 1, 2022, the department
5of justice shall submit the report to the chief clerk of each house of the legislature,
6for distribution to the legislature under s. 13.172 (2).
AB65-ASA1-AA1-AA1,14 7Section 14. 941.29 (1g) (a) of the statutes is amended to read:
AB65-ASA1-AA1-AA1,6,158 941.29 (1g) (a) “Violent felony" means any felony under s. 943.23 (1m), 1999
9stats., or s. 943.23 (1r), 1999 stats., this section, or s. 940.01, 940.02, 940.03, 940.05,
10940.06, 940.08, 940.09, 940.10, 940.19, 940.195, 940.20, 940.201, 940.203, 940.21,
11940.225, 940.23, 940.235, 940.285 (2), 940.29, 940.295 (3), 940.30, 940.302, 940.305,
12940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20, 941.26, 941.28, 941.2905, 941.292,
13941.30, 941.327 (2) (b) 3. or 4., 943.02, 943.04, 943.06, 943.10 (2), 943.23 (1g), 943.32,
14943.87, 946.43, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.051, 948.06,
15948.07, 948.08, 948.085, or 948.30.
AB65-ASA1-AA1-AA1,15 16Section 15. 941.29 (4) of the statutes is repealed.
AB65-ASA1-AA1-AA1,16 17Section 16. 941.2905 of the statutes is created to read:
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