This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
LRBa2570/1
CMH:amn/wlj/ahe
2017 - 2018 LEGISLATURE
SENATE AMENDMENT 3,
TO SENATE SUBSTITUTE AMENDMENT 2,
TO ASSEMBLY BILL 843
March 20, 2018 - Offered by Senators Larson, Schachtner, Miller, Risser,
Carpenter, Bewley, L. Taylor, Ringhand, Johnson, Hansen, Shilling and
Erpenbach.
AB843-SSA2-SA3,1,11 At the locations indicated, amend the substitute amendment as follows:
AB843-SSA2-SA3,1,3 21. Page 1, line 9: after “safety;" insert “the possession of a firearm by a person
3who has committed a misdemeanor crime of domestic violence;".
AB843-SSA2-SA3,1,4 42. Page 14, line 9: after that line insert:
AB843-SSA2-SA3,1,5 5 Section 28b. 941.29 (1g) (a) of the statutes is renumbered 941.29 (1g) (at).
AB843-SSA2-SA3,28bd 6Section 28bd. 941.29 (1g) (ah) of the statutes is created to read:
AB843-SSA2-SA3,1,87 941.29 (1g) (ah) “Misdemeanor crime of domestic violence" has the meaning
8given in s. 973.136 (1) (c).
AB843-SSA2-SA3,28be 9Section 28be. 941.29 (1m) (ag) of the statutes is created to read:
AB843-SSA2-SA3,1,1110 941.29 (1m) (ag) The person has been convicted on or after the effective date
11of this paragraph .... [LRB inserts date], of a misdemeanor crime of domestic violence.
AB843-SSA2-SA3,28bg 12Section 28bg. 941.29 (1m) (cm) of the statutes is created to read:
AB843-SSA2-SA3,2,3
1941.29 (1m) (cm) The person has been found not guilty by reason of mental
2disease or defect on or after the effective date of this paragraph .... [LRB inserts date],
3of a misdemeanor crime of domestic violence.
AB843-SSA2-SA3,28bi 4Section 28bi. 971.17 (1g) of the statutes is renumbered 971.17 (1g) (a).
AB843-SSA2-SA3,28bk 5Section 28bk. 971.17 (1g) (b) of the statutes is created to read:
AB843-SSA2-SA3,2,76 971.17 (1g) (b) 1. In this paragraph, “misdemeanor crime of domestic violence"
7has the meaning given in s. 973.136 (1) (c).
AB843-SSA2-SA3,2,128 2. If the defendant under sub. (1) is found not guilty by reason of mental disease
9or defect of a misdemeanor crime of domestic violence, the court shall enter a finding
10to that effect in the record for purposes of determining whether the person is
11prohibited from possessing a firearm under s. 941.29 and shall inform the defendant
12of the requirements and penalties under s. 941.29.
AB843-SSA2-SA3,28bm 13Section 28bm. 973.136 of the statutes is created to read:
AB843-SSA2-SA3,2,14 14973.136 Prohibition for certain misdemeanor crimes. (1) In this section:
AB843-SSA2-SA3,2,2015 (a) “Dating relationship" means a romantic or intimate social relationship
16between 2 individuals but “dating relationship” does not include a casual
17relationship or an ordinary fraternization between 2 individuals in a business or
18social context. A court shall determine if a dating relationship existed by considering
19the length of the relationship, the type of the relationship, and the frequency of the
20interaction between the individuals involved in the relationship.
AB843-SSA2-SA3,2,2121 (b) “Family member" has the meaning given in s. 813.12 (1) (b).
AB843-SSA2-SA3,2,2222 (c) “Misdemeanor crime of domestic violence" means any of the following:
AB843-SSA2-SA3,3,223 1. A violation or attempted violation of s. 940.19 (1), 940.195 (1), 940.225 (3m),
24or 941.20 (1) when committed by an adult family member against another family
25member, by an adult against his or her former spouse, by an adult against a person

1with whom the adult has or had a dating relationship, or by an adult against a person
2with whom the adult has a child in common.
AB843-SSA2-SA3,3,73 2. A violation of s. 947.01 in which the adult actor engaged in violent or abusive
4conduct to harm, intimidate, or threaten a person who is the adult actor's family
5member, the adult actor's former spouse, a person with whom the adult actor has or
6had a dating relationship, or a person with whom the adult actor has a child in
7common.
AB843-SSA2-SA3,3,138 3. A misdemeanor, except a misdemeanor listed in subd. 1. or 2., committed by
9an adult family member against another family member, by an adult against his or
10her former spouse, by an adult against a person with whom the adult has or had a
11dating relationship, or by an adult against a person with whom the adult has a child
12in common, if the court has increased the maximum term of imprisonment under s.
13939.63 (1) (a).
AB843-SSA2-SA3,3,16 14(2) If a person is convicted of a misdemeanor crime of domestic violence, the
15court shall enter a finding to that effect in the record for purposes of determining
16whether the person is prohibited from possessing a firearm under s. 941.29.
AB843-SSA2-SA3,28bp 17Section 28bp. 973.176 (1) of the statutes is amended to read:
AB843-SSA2-SA3,3,2218 973.176 (1) Firearm possession. Whenever a court imposes a sentence or
19places a defendant on probation regarding a felony conviction for a felony or for a
20misdemeanor crime of domestic violence, as defined in s. 973.136 (1) (c)
, the court
21shall inform the defendant of the requirements and penalties applicable to him or her
22under s. 941.29 (1m) or (4m).”.
AB843-SSA2-SA3,3,23 233. Page 15, line 2: after that line insert:
AB843-SSA2-SA3,3,24 24 Section 30g. Initial applicability.
AB843-SSA2-SA3,4,3
1(1) The treatment of section 971.17 (1g) (b) of the statutes first applies to a
2finding of not guilty by reason of mental disease or defect that occurs on the effective
3date of this subsection.
AB843-SSA2-SA3,4,54 (2) The treatment of section 973.136 of the statutes first applies to a conviction
5that occurs on the effective date of this subsection.”.
Loading...
Loading...