2017 Special Session
2017 - 2018 LEGISLATURE
Add that a fugitive from justice is prohibited from possessing a firearm
Preliminary Draft - Not Ready For Introduction
March 15, 2018 - Introduced by Representatives Subeck, Sargent, Berceau,
Brostoff, Hebl, Sinicki, C. Taylor, Zepnick and Spreitzer, cosponsored by
Senator Risser. Referred to Committee on Criminal Justice and Public Safety.
1An Act to renumber
941.29 (1g) (a);
165.845 (2); and to create
(2) (c), 165.845 (1m), 175.35 (2g) (d) 3., 941.29 (1g) (ad) and 941.29 (1m) (h) of 3
the statutes; relating to: prohibiting a fugitive from justice from possessing a
4firearm and providing a criminal penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits from possessing a firearm persons who have been
convicted of a felony, persons who are subject to certain injunctions such as a
domestic abuse injunction, and persons who have been subject to involuntary
commitment for mental health treatment and ordered not to possess a firearm. This
bill adds that a person who is a fugitive from justice is prohibited from possessing a
firearm. This bill defines “fugitive from justice” as someone who, after having
committed a criminal offense, leaves the jurisdiction of the court where such crime
has taken place or hides within such jurisdiction to escape prosecution. A person who
violates the prohibition is guilty of a Class G felony.
This bill also requires that the Department of Justice collect information
identifying persons who are fugitives from justice. DOJ must then convey that
information to the national instant criminal background check system for the
purpose of handgun and concealed carry licenses background checks and respond to
inquiries from law enforcement and courts regarding whether a person is prohibited
from possessing a firearm.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
165.63 (2) (c) of the statutes is created to read:
(c) Individuals who may not possess a firearm under s. 941.29 (1m) 3
165.845 (1m) of the statutes is created to read:
The department of justice shall:
(a) Collect information identifying individuals who are fugitives from justice, 7
as defined in s. 941.29 (1g) (ad), to permit an accurate firearms restrictions record 8
search under s. 175.35 (2g) (c), a background check under s. 175.60 (9g) (a), or an 9
accurate response under s. 165.63.
(b) Furnish all persons who can provide information under par. (a) with forms 11
or instructions that specify the nature of the information required under par. (a), the 12
time it is to be provided, and any other matters that facilitate collection and 13
165.845 (2) of the statutes is amended to read:
All persons in charge of law enforcement agencies and other 16
criminal and juvenile justice system agencies shall supply the department of justice 17
with the information described in sub. subs.
(1) (a) and (1m) (a)
on the basis of the 18
forms or instructions or both to be supplied by the department under sub. (1) (a)
. The 19
department may conduct an audit to determine the accuracy of the data and other 20
information it receives from law enforcement agencies and other criminal and 21
juvenile justice system agencies.
175.35 (2g) (d) 3. of the statutes is created to read:
(d) 3. The department of justice shall promulgate rules to convey 3
information in a timely manner to the national instant criminal background check 4
system regarding individuals who may not possess a firearm under s. 941.29 (1m) 5
941.29 (1g) (a) of the statutes is renumbered 941.29 (1g) (aw).
941.29 (1g) (ad) of the statutes is created to read:
(ad) “Fugitive from justice” means an individual who, after having 9
committed a criminal offense, leaves the jurisdiction of the court where such crime 10
has taken place or hides within such jurisdiction to escape prosecution.
941.29 (1m) (h) of the statutes is created to read:
(h) The person is a fugitive from justice.