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LRB-5570/1
CMH:kjf
2017 - 2018 LEGISLATURE
February 20, 2018 - Printed by direction of Senate Chief Clerk.
AB65-engrossed,1,9 1An Act to repeal 941.29 (4); to renumber 175.35 (2g) (b); to renumber and
2amend
175.35 (3); to amend 48.57 (3p) (g) 2., 165.63 (4) (a), 813.1285 (3) (a)
31. d., 813.1285 (4) (b) 1. (intro.), 813.1285 (7) (b), 941.29 (1g) (a), 973.12 and
4976.05 (12); and to create 165.988, 175.35 (2g) (b) 2., 175.35 (3) (b), 175.35 (4),
5939.46 (3), 939.6195 and 941.2905 of the statutes; relating to: grants to school
6districts that employ an armed school safety officer; furnishing, purchasing, or
7possessing a firearm for a person who is prohibited from possessing a firearm;
8mandatory minimum sentences for individuals who commit certain firearm
9violations; and providing criminal penalties.
Analysis by the Legislative Reference Bureau
Engrossment information:
The text of Engrossed 2017 Assembly Bill 65 consists of the following
documents adopted in the assembly on February 20, 2018: Assembly Substitute
Amendment 1 as affected by Assembly Amendment 1, as affected by Assembly
Amendment 1, and Assembly Amendment 2. The text also includes the February 20,
2018, chief clerk's correction to Assembly Amendment 1 to Assembly Amendment 1
to Assembly Substitute Amendment 1 to Assembly Bill 65.

Content of Engrossed 2017 Assembly Bill 65:
This bill creates a crime for purchasing a firearm with the intent to transfer it
to a person who is prohibited from possessing a firearm, which is also known as
“straw purchasing.” The crime under the bill includes furnishing or possessing a
firearm for a prohibited person.
Under current law, a person who knowingly furnishes with a firearm a person
who is prohibited from possessing a firearm may be convicted of illegal possession
of a firearm. Under current law, a federally licensed firearm dealer may not transfer
a handgun to a person until the person has completed a form that the dealer must
use to conduct a background check on the person. If a person provides false
information on the form, the person must be fined not less than $500 nor more than
$10,000 and may be imprisoned for not more than nine months. This bill increases
the penalty to a Class H felony if the false information regards whether the person
is purchasing the firearm with the purpose or intent of transferring the firearm to
a person who is prohibited from possessing a firearm. This bill authorizes the
Department of Justice to prosecute the violation.
This bill also creates an affirmative defense to straw purchasing crimes if the
defendant has ever filed a petition for a domestic abuse injunction or a child abuse
injunction against the person for whom the defendant was furnishing, purchasing,
or possessing the firearm or for whom the defendant provided false information on
a firearm form.
Under this bill, a person is subject to a mandatory minimum period of
confinement in prison of four years if the person is convicted of illegally possessing
a firearm or convicted of another crime involving a firearm and, within five years
prior to that conviction, he or she had been convicted of committing either three
misdemeanors or one felony. This mandatory minimum sentence requirement
expires on July 1, 2022.
This bill allows DOJ to provide grants to school districts to employ law
enforcement officers or former law enforcement officers as armed school safety
officers. A school district may spend the grant moneys only on costs associated with
employing the armed school safety officer. This bill provides that a school district
may receive a grant for three consecutive years and the grant will cover 75 percent
of the costs in the first year, 50 percent in the second year, and 25 percent in the third
year. Under this bill, DOJ indemnifies the school district and the armed school safety
officer for any actions taken in good faith.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB65-engrossed,1 1Section 1. 48.57 (3p) (g) 2. of the statutes is amended to read:
AB65-engrossed,3,32 48.57 (3p) (g) 2. The person has had imposed on him or her a penalty specified
3in s. 939.64, 1999 stats., or s. 939.641, 1999 stats., or s. 939.6195, 939.62, 939.621,

1939.63 or 939.645 or has been convicted of a violation of the law of any other state
2or federal law under circumstances under which the person would be subject to a
3penalty specified in any of those sections if convicted in this state.
AB65-engrossed,2 4Section 2. 165.63 (4) (a) of the statutes is amended to read:
AB65-engrossed,3,55 165.63 (4) (a) Enforce or investigate a violation of s. 941.29 or 941.2905.
AB65-engrossed,3 6Section 3. 165.988 of the statutes is created to read:
AB65-engrossed,3,7 7165.988 Grants for armed school safety officers. (1) In this section:
AB65-engrossed,3,98 (a) “Former officer” means a person who was formerly employed as a law
9enforcement officer to whom s. 941.23 (2) (c) 1. to 7. applies.
AB65-engrossed,3,1210 (b) “Law enforcement officer” means a person who is employed in this state by
11a public agency as a law enforcement officer and to whom s. 941.23 (1) (g) 2. to 5. and
12(2) (b) 1. to 3. applies.
AB65-engrossed,3,15 13(2) The department of justice may provide grants from the appropriation under
14s. 20.455 (3) (g) to school districts to employ law enforcement officers or former law
15enforcement officers as armed school safety officers.
AB65-engrossed,3,19 16(3) A school district applying to the department of justice for a grant under sub.
17(2) shall include a proposed plan of expenditure of the grant moneys. The plan shall
18also include that any armed school safety officer shall report to the principal of the
19school at which he or she is assigned.
AB65-engrossed,3,21 20(4) A school district that receives grant moneys under sub. (2) may expend the
21moneys only on costs associated with employing armed school safety officer.
AB65-engrossed,4,2 22(5) A school district may receive a grant under sub. (2) for 3 consecutive years
23without submitting a new application each year. In the first year, the grant shall
24cover 75 percent of the costs associated with employing armed school safety officers;
25in the 2nd year, the grant shall cover 50 percent of the costs associated with

1employing armed school safety officers; and in the 3rd year, the grant shall cover 25
2percent of the costs associated with employing armed school safety officers.
AB65-engrossed,4,5 3(6) The department of justice shall indemnify a school district receiving grant
4moneys and an armed school safety officer employed using the grant moneys for any
5actions taken in good faith.
AB65-engrossed,4 6Section 4. 175.35 (2g) (b) of the statutes is renumbered 175.35 (2g) (b) 1.
AB65-engrossed,5 7Section 5. 175.35 (2g) (b) 2. of the statutes is created to read:
AB65-engrossed,4,138 175.35 (2g) (b) 2. The department of justice shall ensure that each notification
9form under subd. 1. requires the transferee to indicate that he or she is not
10purchasing the firearm with the purpose or intent to transfer the firearm to a person
11who is prohibited from possessing a firearm under state or federal law and that each
12notification form informs the transferee that making a false statement with regard
13to this purpose or intent is a Class H felony.
AB65-engrossed,6 14Section 6. 175.35 (3) of the statutes is renumbered 175.35 (3) (a) and amended
15to read:
AB65-engrossed,4,1816 175.35 (3) (a) Any person who intentionally violates sub. (2), (2e), (2f), or (2j)
17shall be fined not less than $500 nor more than $10,000 and may be imprisoned for
18not more than 9 months.
AB65-engrossed,7 19Section 7. 175.35 (3) (b) of the statutes is created to read:
AB65-engrossed,4,2220 175.35 (3) (b) 1. Except as provided in subd. 2., a person who intentionally
21violates sub. (2e) shall be fined not less than $500 nor more than $10,000 and may
22be imprisoned for not more than 9 months.
AB65-engrossed,5,223 2. A person who violates sub. (2e) by intentionally providing false information
24regarding whether he or she is purchasing the firearm with the purpose or intent to
25transfer the firearm to another who the person knows or reasonably should know is

1prohibited from possessing a firearm under state or federal law is guilty of a Class
2H felony. The penalty shall include a fine that is not less than $500.
AB65-engrossed,8 3Section 8. 175.35 (4) of the statutes is created to read:
AB65-engrossed,5,84 175.35 (4) The department of justice or the district attorney may institute,
5manage, control, and direct, in the proper county, a prosecution for a violation of sub.
6(2e) that is punishable under sub. (3) (b) 2. When prosecuting such a violation, the
7department of justice shall have and exercise all powers conferred upon district
8attorneys.
AB65-engrossed,9 9Section 9. 813.1285 (3) (a) 1. d. of the statutes is amended to read:
AB65-engrossed,5,1110 813.1285 (3) (a) 1. d. The court informs the person to whom the firearm is
11surrendered of the requirements and penalties under s. 941.29 (4) 941.2905.
AB65-engrossed,10 12Section 10. 813.1285 (4) (b) 1. (intro.) of the statutes is amended to read:
AB65-engrossed,5,1913 813.1285 (4) (b) 1. (intro.) If the respondent wants to surrender his or her
14firearms to a person who is not the sheriff and who appears at the hearing to
15surrender firearms, and if the court, after considering all relevant factors and input
16from the petitioner, approves the surrender and informs the person to whom the
17firearms are surrendered of the requirements and penalties under s. 941.29 (4)
18941.2905, order the respondent to surrender his or her firearms in one of the
19following ways:
AB65-engrossed,11 20Section 11. 813.1285 (7) (b) of the statutes is amended to read:
AB65-engrossed,6,521 813.1285 (7) (b) If a respondent surrenders a firearm under this section that
22is owned by a person other than the respondent, the person who owns the firearm
23may apply for its return to the circuit court for the county in which the person to
24whom the firearm was surrendered is located. The court shall order such notice as
25it considers adequate to be given to all persons who have or may have an interest in

1the firearm and shall hold a hearing to hear all claims to its true ownership. If the
2right to possession is proved to the court's satisfaction, it shall order the firearm
3returned. If the court returns a firearm under this paragraph, the court shall inform
4the person to whom the firearm is returned of the requirements and penalties under
5s. 941.29 (4) 941.2905.
AB65-engrossed,12 6Section 12. 939.46 (3) of the statutes is created to read:
AB65-engrossed,6,127 939.46 (3) A petitioner under s. 813.12 or 813.122, or an individual whose
8parent, stepparent, or legal guardian filed a petition under s. 813.122 on behalf of the
9individual as a child victim, as defined in s. 813.122 (1) (c), has an affirmative defense
10for an offense under s. 175.35 (2e) that is punishable under s. 175.35 (3) (b) 2., or for
11an offense under s. 941.2905, if the person prohibited from possessing a firearm was
12the respondent in the action under s. 813.12 or 813.122.
AB65-engrossed,13 13Section 13. 939.6195 of the statutes is created to read:
AB65-engrossed,6,15 14939.6195 Mandatory minimum sentence for repeat firearm crimes. (1)
15In this section:
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