SB619: Bill Text

SB619,6,15 167.31 (4) (a) (intro.) Subsections The prohibitions in subs. (2) and (3) do not apply to any of the following who, are acting in the line of duty, place, possess, transport, load or discharge a firearm in, on or from a vehicle, motorboat or aircraft or discharge a firearm from or across a highway or within 50 feet of the center of a roadway:

SB619,18 Section 18. 167.31 (4) (a) 1. of the statutes is created to read:

SB619,6,17 167.31 (4) (a) 1. A peace officer.

SB619,19 Section 19. 167.31 (4) (ag) of the statutes is repealed.

SB619,20 Section 20 . 167.31 (4) (am) 1. of the statutes is renumbered 167.31 (4) (am) and amended to read:

SB619,6,24 167.31 (4) (am) Subsections (2) (a), (c) and (d) and (3) (a) and (b) do not apply to a peace officer who, in the line of duty, loads or discharges a firearm in, on, or from a vehicle, motorboat or aircraft or discharges a firearm from or across a highway or within 50 feet of the center of a roadway.

SB619,21 Section 21 . 167.31 (4) (am) 2. and 3. of the statutes are repealed.

SB619,22 Section 22. 167.31 (4) (b) of the statutes is amended to read:

SB619,7,5 167.31 (4) (b) Subsections (2) (a), (b) and (c), (3) (a) and (b), and (3m) do not apply to the holder of a scientific research license under s. 169.25 or a scientific collector permit under s. 29.614 who is using a net gun or tranquilizer gun in an activity related to the purpose for which the license or permit was issued.

SB619,23 Section 23. 167.31 (4) (bg), (bn) and (bt) of the statutes are repealed.

SB619,24 Section 24 . 167.31 (4) (c) and (cg) (intro.) of the statutes are amended to read:

SB619,7,9 167.31 (4) (c) Subsection (2) (b) and (c) does not apply to the holder of a Class A or Class B permit under s. 29.193 (2) who is hunting from a stationary vehicle.

SB619,7,12 (cg) (intro.) A holder of a Class A or Class B permit under s. 29.193 (2) who is hunting from a stationary vehicle may load and discharge a firearm or shoot a bolt or an arrow within 50 feet of the center of a roadway if all of the following apply:

SB619,25 Section 25 . 167.31 (4) (cm) and (d) of the statutes are repealed.

SB619,26 Section 26. 167.31 (4) (f), (i) and (j) of the statutes are amended to read:

SB619,7,17 167.31 (4) (f) Subsection (2) (d) does not prohibit a person from possessing a loaded firearm within 50 feet of the center of a roadway if the person does not violate sub. (2) (b) or (c).

SB619,7,19 (i) Subsection (2) (b) and (c) does not apply to a person legally hunting from a stationary nonmotorized vehicle that is not attached to a motor vehicle.

SB619,7,24 167.31 (4) (j) Subsection (2) (b) and (c) does not apply to a person legally hunting from a stationary motor vehicle if the person is hunting from a part of the vehicle or a piece of equipment attached to the vehicle that is raised by mechanical means not fewer than 5 feet above the ground or above the lowered resting position of the part or piece of equipment, whichever is higher.

SB619,27 Section 27. 173.07 (5) (b) of the statutes is repealed.

SB619,28 Section 28. 175.60 (2) (c) of the statutes is amended to read:

SB619,8,5 175.60 (2) (c) Unless expressly provided in this section, this section does not limit an individual's right to carry a firearm, whether that firearm is concealed or is not concealed or whether or not the individual is a licensee or an out-of-state licensee.

SB619,29 Section 29 . 175.60 (2g) of the statutes is repealed.

SB619,30 Section 30 . 175.60 (2m) (a) of the statutes is amended to read:

SB619,8,11 175.60 (2m) (a) Subject to pars. (b), (bm), (c), and (d), the department shall design a single license document for licenses issued and renewed under this section. The department shall complete the design of the license document no later than September 1, 2011.

SB619,31 Section 31. 175.60 (2m) (bm) of the statutes is repealed.

SB619,32 Section 32 . 175.60 (5) (a) (intro.) of the statutes is amended to read:

SB619,8,21 175.60 (5) (a) (intro.) The department shall design an application form for use by individuals who apply for a license under this section and a renewal form for use by individuals applying for renewal of a license under sub. (15). The department shall complete the design of the application form no later than September 1, 2011, and shall complete the design of the renewal form no later than July 1, 2014. The forms shall require the applicant to provide only his or her name, address, date of birth, state identification card number, race, sex, height, and eye color and shall include all of the following:

SB619,33 Section 33 . 175.60 (5) (a) 6. of the statutes is amended to read:

SB619,9,2 175.60 (5) (a) 6. A statement of the places under sub. (16) where a licensee is prohibited from carrying a weapon, as well as an An explanation of the provisions under sub. (15m) and ss. 943.13 (1m) (c) and 948.605 (2) (b) 1r. that could limit the places where the licensee may carry a weapon, with a place for the applicant to sign his or her name to indicate that he or she has read and understands the statement.

SB619,34 Section 34 . 175.60 (11) (b) 1. of the statutes is renumbered 175.60 (11) (b) and amended to read:

SB619,9,8 175.60 (11) (b) No later than 30 days after changing his or her address, a licensee shall inform the department of the new address. The department shall include the individual's new address in the list under sub. (12) (a). The penalty under s. 939.61 does not apply to a violation under this paragraph.

SB619,35 Section 35 . 175.60 (11) (b) 2., 3. and 4. of the statutes are repealed.

SB619,36 Section 36 . 175.60 (12) (a) of the statutes is amended to read:

SB619,9,18 175.60 (12) (a) The department shall maintain a computerized record listing the names and the information specified in sub. (2m) (b) of all individuals who have been issued a license under this section and all individuals issued a certification card under s. 175.49 (3). Subject to par. (b) 1. 2. b., neither the department nor any employee of the department may store, maintain, format, sort, or access the information in any way other than by the names, dates of birth, or sex of licensees or individuals or by the identification numbers assigned to licensees under sub. (2m) (b) 6.

SB619,37 Section 37 . 175.60 (12) (b) 1. a. and b. of the statutes are renumbered 175.60 (12) (b) 2. a. and b.

SB619,38 Section 38 . 175.60 (12) (b) 2. of the statutes is renumbered 175.60 (12) (b) 2. (intro.) and amended to read:

SB619,9,25 175.60 (12) (b) 2. (intro.) A person who is a law enforcement officer in a state other than Wisconsin may request and be provided information under subd. 1. a. and b. only for one of the following purposes:

SB619,39 Section 39 . 175.60 (15m) of the statutes is renumbered 103.08 and amended to read:

SB619,10,8 103.08 Employer restrictions on carrying a weapon. (1) Except as provided in par. (b) sub. (2), an employer may prohibit a licensee or an out-of-state licensee that it employs an employee from carrying a concealed weapon or a particular type of concealed weapon in the course of the licensee's or out-of-state licensee's employee's employment or during any part of the licensee's or out-of-state licensee's employee's course of employment.

SB619,10,15 (2) An employer may not prohibit a licensee or an out-of-state licensee an employee, as a condition of employment, from carrying a concealed weapon, a particular type of concealed weapon, or ammunition or from storing a weapon, a particular type of weapon, or ammunition in the licensee's or out-of-state licensee's employee's own motor vehicle, regardless of whether the motor vehicle is used in the course of employment or whether the motor vehicle is driven or parked on property used by the employer.

SB619,40 Section 40 . 175.60 (16) of the statutes is repealed.

SB619,41 Section 41 . 175.60 (17) (a), (ac) and (b) of the statutes are repealed.

SB619,42 Section 42 . 175.60 (21) (c) of the statutes is renumbered 103.08 (3) and amended to read:

SB619,10,22 103.08 (3) An employer that does not prohibit one or more employees from carrying a concealed weapon under sub. (15m) (1) is immune from any liability arising from its decision.

SB619,43 Section 43 . 345.11 (1s) of the statutes is amended to read:

SB619,11,3 345.11 (1s) The uniform traffic citation shall be used by a traffic officer employed under s. 110.07 for a violation of s. 167.31 (2) (b), (c) or (d) when committed on a highway.

SB619,44 Section 44 . 345.20 (2) (f) of the statutes is amended to read:

SB619,11,9 345.20 (2) (f) Sections 23.50 to 23.85 apply to actions in circuit court to recover forfeitures and weapons surcharges imposed under ch. 814 for violations of s. 167.31 (2) (b), (c), or (d). No points may be assessed against the driving record of a person convicted of a violation of s. 167.31 (2) (b), (c), or (d). The report of conviction shall be forwarded to the department.

SB619,45 Section 45 . 440.26 (3m) of the statutes is repealed.

SB619,46 Section 46. 938.34 (14q) of the statutes is amended to read:

SB619,11,21 938.34 (14q) Certain bomb scares and firearm violations. In addition to any other disposition imposed under this section, if the juvenile is found to have violated s. 947.015 and the property involved is owned or leased by the state or any political subdivision of the state, or if the property involved is a school premises, as defined in s. 948.61 (1) (c), or if the juvenile is found to have violated s. 941.235 or 948.605, immediately suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for 2 years. The court shall immediately forward to the department of transportation the notice of suspension, stating that the suspension is for a violation of s. 947.015 involving school premises, or for a violation of s. 941.235 or 948.605. If otherwise eligible, the juvenile is eligible for an occupational license under s. 343.10.

SB619,47 Section 47. 938.78 (3) of the statutes is amended to read:

SB619,12,19 938.78 (3) Release of information when escape or absence; rules. If a juvenile adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need of protection or services under s. 48.13 (12) or (14), 1993 stats., or s. 938.13 (12) or (14) on the basis of a violation of s. 943.23 (1m) or (1r), 1999 stats., or s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.231, 941.235, 941.237, 941.26, 941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a), 943.23 (1g), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.085 (2), 948.60, 948.605, or 948.61 or any crime specified in ch. 940 has escaped from a juvenile correctional facility, residential care center for children and youth, secured residential care center for children and youth, inpatient facility, as defined in s. 51.01 (10), juvenile detention facility, or juvenile portion of a county jail, or from the custody of a peace officer or a guard of such a facility, center, or jail, or has been allowed to leave a juvenile correctional facility, residential care center for children and youth, secured residential care center for children and youth, inpatient facility, juvenile detention facility, or juvenile portion of a county jail for a specified time period and is absent from the facility, center, home, or jail for more than 12 hours after the expiration of the specified period, the department of corrections or county department, whichever has supervision over the juvenile, may release the juvenile's name and any information about the juvenile that is necessary for the protection of the public or to secure the juvenile's return to the facility, center, home, or jail. The department of corrections shall promulgate rules establishing guidelines for the release of the juvenile's name or information about the juvenile to the public.

SB619,48 Section 48. 939.632 (1) (e) 3. of the statutes is amended to read:

SB619,12,22 939.632 (1) (e) 3. Any misdemeanor under s. 940.19 (1), 940.225 (3m), 940.32 (2), 940.42, 940.44, 941.20 (1), 941.23, 941.231, 941.235, or 941.38 (3).

SB619,49 Section 49. 941.23 of the statutes is repealed.

SB619,50 Section 50. 941.235 of the statutes is repealed.

SB619,51 Section 51. 941.237 (1) (intro.) and (e) of the statutes are consolidated, renumbered 941.237 (1) and amended to read:

SB619,13,4 941.237 (1) In this section: (e) “Premises", “premises” has the meaning given in s. 125.02 (14m), but excludes any area primarily used as a residence.

SB619,52 Section 52 . 941.237 (1) (a) to (dr) and (em) to (g) of the statutes are repealed.

SB619,53 Section 53 . 941.237 (1) (a) to (cm), (dm), (dr), and (em) to (g) of the statutes are repealed.

SB619,54 Section 54 . 941.237 (2) of the statutes is amended to read:

SB619,13,11 941.237 (2) Whoever intentionally goes armed with a handgun on any premises for which a Class “B" or “Class B" license or permit has been issued under ch. 125, while consuming alcohol on the premises, is guilty of a Class A misdemeanor.

SB619,55 Section 55 . 941.237 (3) of the statutes is repealed.

SB619,56 Section 56 . 941.295 (2g) (c) of the statutes is amended to read:

SB619,13,16 941.295 (2g) (c) An individual who has a license or permit issued under s. 440.26, and who is on official duty, and who may carry a firearm under rules promulgated under s. 440.26 (3m).

SB619,57 Section 57. 941.299 (1) (a) of the statutes is amended to read:

SB619,13,20 941.299 (1) (a) “Correctional officer" has the meaning given in s. 941.237 (1) (b) means any person employed by the state or any political subdivision as a guard or officer whose principal duties are the supervision and discipline of inmates.

SB619,58 Section 58 . 943.13 (1m) (c) 4. of the statutes is amended to read:

SB619,14,4 943.13 (1m) (c) 4. While carrying a firearm, enters or remains in any part of a building that is owned, occupied, or controlled by the state or any local governmental unit, excluding any building or portion of a building under s. 175.60 (16) (a), if the state or local governmental unit has notified the actor not to enter or remain in the building while carrying a firearm or with that type of firearm. This subdivision does not apply to a person who leases residential or business premises in the building or, if the firearm is in a vehicle driven or parked in the parking facility, to any part of the building used as a parking facility.

SB619,59 Section 59 . 943.13 (1p) of the statutes is created to read:

SB619,14,9 943.13 (1p) Unless sub. (1m) (c) specifically allows a person to prohibit entering or remaining in or at the location while carrying a firearm, an individual does not violate this section only because he or she is carrying a firearm while entering or remaining in or at a location.

SB619,60 Section 60 . 943.13 (4m) (bm) of the statutes is amended to read:

SB619,14,19 943.13 (4m) (bm) Subsection (1m) (c) 2. and 4. does not apply to a law enforcement officer employed in this state by a public agency to whom s. 941.23 (1) (g) 2. to 5. and (2) (b) 1. to 3. applies who is in compliance with 18 USC 926B, to a qualified out-of-state law enforcement officer, as defined in s. 941.23 (1) (g), to whom s. 941.23 (2) (b) 1. to 3. applies who is in compliance with 18 USC 926B, or to a former law enforcement officer, as defined in s. 941.23 (1) (c), to whom s. 941.23 (2) (c) 1. to 7. applies who is in compliance with 18 USC 926C if the law enforcement officer, the qualified out-of-state law enforcement officer, or the former law enforcement officer is in or on the grounds of a school, as defined in s. 948.61 (1) (b).

SB619,61 Section 61 . 948.605 (1) (ag) and (ar) of the statutes are repealed.

SB619,62 Section 62. 948.605 (2) (b) 2d., 2f. and 2h. and (3) (b) 5., 6. and 7. of the statutes are amended to read:

SB619,14,25 948.605 (2) (b) 2d. A person who is employed in this state by a public agency as a law enforcement officer and to whom s. 941.23 (1) (g) 2. to 5. and (2) (b) 1. to 3. applies who is in compliance with 18 USC 926B.

SB619,15,2 2f. A qualified out-of-state law enforcement officer to whom s. 941.23 (2) (b) 1. to 3. applies who is in compliance with 18 USC 926B.

SB619,15,4 2h. A former law enforcement officer to whom s. 941.23 (2) (c) 1. to 7. applies who is in compliance with 18 USC 926C.

SB619,15,7 (3) (b) 5. By a person who is employed in this state by a public agency as a law enforcement officer and to whom s. 941.23 (1) (g) 2. to 5. and (2) (b) 1. to 3. applies who is in compliance with 18 USC 926B.

SB619,15,9 6. By a qualified out-of-state law enforcement officer to whom s. 941.23 (2) (b) 1. to 3. applies who is in compliance with 18 USC 926B.

SB619,15,11 7. By a former law enforcement officer to whom s. 941.23 (2) (c) 1. to 7. applies who is in compliance with 18 USC 926C.

SB619,63 Section 63. 968.255 (1) (a) 2. of the statutes is amended to read:

SB619,15,14 968.255 (1) (a) 2. A person arrested for any misdemeanor under s. 167.30 (1), 940.19, 941.20 (1), 941.23, 941.231, 941.237, 948.60, or 948.61.

SB619,64 Section 64 . 973.137 (1) of the statutes is repealed.

SB619,15,16 (End)