Amendment AA10-SB70

SB70-AA10,104,17 175.35 (2t) (a) Transfers of any handgun firearm classified as an antique by regulations of the U.S. department of the treasury.

SB70-AA10,104,19 (b) Transfers of any handgun firearm between firearms dealers or between wholesalers and dealers.

SB70-AA10,104,21 (c) Transfers of any handgun firearm to law enforcement or armed services agencies.

SB70-AA10,184 Section 184. 175.35 (3) (b) 2. of the statutes is amended to read:

SB70-AA10,105,3 175.35 (3) (b) 2. A person who violates sub. (2e) by intentionally providing false information regarding whether he or she is purchasing receiving a transfer of the firearm with the purpose or intent to transfer the firearm to another who the person knows or reasonably should know is prohibited from possessing a firearm under state or federal law is guilty of a Class H felony. The penalty shall include a fine that is not less than $500.

SB70-AA10,185 Section 185. 175.60 (7) (d) of the statutes is amended to read:

SB70-AA10,105,6 175.60 (7) (d) A fee for a background check that is equal to the fee charged under s. 175.35 (2i) (a).

SB70-AA10,186 Section 186. 175.60 (15) (b) 4. b. of the statutes is amended to read:

SB70-AA10,105,9 175.60 (15) (b) 4. b. A fee for a background check that is equal to the fee charged under s. 175.35 (2i) (a).

SB70-AA10,187 Section 187. 938.208 (1) (b) of the statutes is amended to read:

SB70-AA10,105,15 938.208 (1) (b) Probable cause exists to believe that the juvenile possessed, used or threatened to use a handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d), short-barreled rifle, as defined in s. 941.28 (1) (b), or short-barreled shotgun, as defined in s. 941.28 (1) (c), while committing a delinquent act that would be a felony under ch. 940 if committed by an adult.

SB70-AA10,188 Section 188. 938.34 (4m) (b) 2. of the statutes is amended to read:

SB70-AA10,105,21 938.34 (4m) (b) 2. The juvenile has possessed, used or threatened to use a handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d), short-barreled rifle, as defined in s. 941.28 (1) (b), or short-barreled shotgun, as defined in s. 941.28 (1) (c), while committing a delinquent act that would be a felony under ch. 940 if committed by an adult.

SB70-AA10,189 Section 189. 938.341 of the statutes is amended to read:

SB70-AA10,106,2 938.341 Delinquency adjudication; restriction on firearm possession. Whenever a court adjudicates a juvenile delinquent for an act that if committed by an adult in this state would be a felony or for a violation under s. 175.33 (2), the court shall inform the juvenile of the requirements and penalties under s. 941.29.

SB70-AA10,190 Section 190. 941.237 (1) (d) of the statutes is amended to read:

SB70-AA10,106,7 941.237 (1) (d) “Handgun" has the meaning given in s. 175.35 (1) (b) means any weapon designed or redesigned, or made or remade, and intended to be fired while held in one hand and to use the energy of an explosive to expel a projectile through a smooth or rifled bore.

SB70-AA10,191 Section 191. 941.29 (1m) (dm), (dn) and (do) of the statutes are created to read:

SB70-AA10,106,10 941.29 (1m) (dm) The person has been convicted of a misdemeanor under s. 175.33 (2), unless at least 2 years have passed since the conviction.

SB70-AA10,106,12 (dn) The person has been adjudicated delinquent for a violation under s. 175.33 (2), unless at least 2 years have passed since the adjudication.

SB70-AA10,106,15 (do) The person has been found not guilty of a misdemeanor under s. 175.33 (2) by reason of mental disease or defect, unless at least 2 years have passed since the finding.

SB70-AA10,192 Section 192. 941.296 (1) (b) of the statutes is amended to read:

SB70-AA10,106,18 941.296 (1) (b) “Handgun" has the meaning given in s. 175.35 (1) (b) 941.237 (1) (d).

SB70-AA10,193 Section 193. 968.20 (3) (b) of the statutes is amended to read:

SB70-AA10,107,18 968.20 (3) (b) Except as provided in par. (a) or sub. (1m) or (4), a city, village, town or county or other custodian of a seized dangerous weapon or ammunition, if the dangerous weapon or ammunition is not required for evidence or use in further investigation and has not been disposed of pursuant to a court order at the completion of a criminal action or proceeding, shall make reasonable efforts to notify all persons who have or may have an authorized rightful interest in the dangerous weapon or ammunition of the application requirements under sub. (1). If, within 30 days after the notice, an application under sub. (1) is not made and the seized dangerous weapon or ammunition is not returned by the officer under sub. (2), the city, village, town or county or other custodian may retain the dangerous weapon or ammunition and authorize its use by a law enforcement agency, except that a dangerous weapon used in the commission of a homicide or a handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d), may not be retained. If a dangerous weapon other than a firearm is not so retained, the city, village, town or county or other custodian shall safely dispose of the dangerous weapon or, if the dangerous weapon is a motor vehicle, as defined in s. 340.01 (35), sell the motor vehicle following the procedure under s. 973.075 (4). If a firearm or ammunition is not so retained, the city, village, town or county or other custodian shall ship it to the state crime laboratories and it is then the property of the laboratories. A person designated by the department of justice may destroy any material for which the laboratories have no use or arrange for the exchange of material with other public agencies. In lieu of destruction, shoulder weapons for which the laboratory has no use shall be turned over to the department of natural resources for sale and distribution of proceeds under s. 29.934 or for use under s. 29.938.

SB70-AA10,194 Section 194. 971.17 (1g) of the statutes is amended to read:

SB70-AA10,107,23 971.17 (1g) Notice of restriction on firearm possession. If the defendant under sub. (1) is found not guilty of a felony, or of a violation under s. 175.33 (2), by reason of mental disease or defect, the court shall inform the defendant of the requirements and penalties under s. 941.29.

SB70-AA10,195 Section 195. 973.176 (1) of the statutes is amended to read:

SB70-AA10,108,5 973.176 (1) Firearm possession. Whenever a court imposes a sentence or places a defendant on probation regarding a felony conviction or regarding a conviction for a misdemeanor under s. 175.33 (2), the court shall inform the defendant of the requirements and penalties applicable to him or her under s. 941.29 (1m) or (4m).

SB70-AA10,9327 Section 9327. Initial applicability; Justice.

SB70-AA10,108,11 (1fa) Transfers of firearms. The treatment of ss. 175.33 and 175.35 (1) (at) (with respect to background checks for transfers of firearms that are not handguns) and (br) and (2) (intro.), (a), (b), (bm), (c), (cm) (intro.), and (d), the renumbering of s. 175.35 (2j), and the creation of s. 175.35 (2j) (b) first apply to transfers that occur on the effective date of this subsection.

SB70-AA10,9427 Section 9427. Effective dates; Justice.

SB70-AA10,108,21 (1fa) Transfers of firearms. The treatment of ss. 20.455 (2) (gr), 175.33, 175.35 (title), (1) (at) (by Section 163 ), (b), and (br), (2) (intro.), (a), (b), (bm), (c), (cm) (intro.), and (d), (2g) (a) and (b) 1. and 2., (2k) (ar) 2., (c) 2. a. and b., (g), and (h), (2L), (2t) (a), (b), and (c), (3) (b) 2., (7) (d), and (15) (b) 4. b., 938.208 (1) (b), 938.34 (4m) (b) 2., 938.341, 941.237 (1) (d), 941.29 (1m) (dm), (dn), and (do), 941.296 (1) (b), 968.20 (3) (b), 971.17 (1g), and 973.176 (1), the renumbering of s. 175.35 (2j), the renumbering and amendment of s. 175.35 (2i), and the creation of s. 175.35 (2i) (b) 2. and (2j) (b) and Section 9327 (1 fa) of this act take effect on the first day of the 7th month beginning after publication.”.

SB70-AA10,108,22 249. Page 374, line 11: after that line insert:

SB70-AA10,108,23 “ Section 196. 165.25 (11) of the statutes is repealed.”.

SB70-AA10,108,24 250. Page 374, line 11: after that line insert:

SB70-AA10,109,1 “ Section 197. 756.04 (2) (b) of the statutes is amended to read:

SB70-AA10,109,18 756.04 (2) (b) Each year, on a date agreed upon with the office of the director of state courts, the department of transportation shall compile a list that includes the name, address, county, date of birth, race, gender, identification number and renewal date of each person residing in the state who is licensed as a motor vehicle operator under ch. 343 or who has received an identification card under s. 343.50 or 343.51, and social security number, as permitted by law and any record sharing agreement between the department of transportation and the office of the director of state courts. The office of the director of state courts shall establish the format of the list by agreement with the department of transportation. The department of transportation shall transmit the list without charge to the office of the director of state courts, without charge. and to the clerks of court for the district courts of the United States within this state. If the department of transportation does not have a record sharing agreement with the clerk of court for a district court that requires the clerk of court to keep prospective jurors' identification numbers, renewal dates, and social security numbers confidential and secure from unauthorized access, the department of transportation shall redact that information from the list the department of transportation transmits to the clerk of court.”.

SB70-AA10,109,19 251. Page 374, line 11: after that line insert:

SB70-AA10,109,20 “ Section 198. 165.63 (3) of the statutes is amended to read:

SB70-AA10,109,24 165.63 (3) Requests from courts. In making a determination required under s. 813.124 (7) (a), 813.1285 (7) (a), or 968.20 (1m) (d) 1., a judge or court commissioner shall request information under sub. (2) from the department or from a law enforcement agency or law enforcement officer as provided in sub. (4) (d).

SB70-AA10,199 Section 199. 165.63 (4) (d) of the statutes is amended to read:

SB70-AA10,110,4 165.63 (4) (d) Aid the court in making a determination required under s. 813.124 (7) (a), 813.1285 (7) (a), or 968.20 (1m) (d) 1. or aid an entity in making a determination required under s. 968.20 (1m) (d) 2.

SB70-AA10,200 Section 200. 175.35 (1) (at) of the statutes is amended to read:

SB70-AA10,110,22 175.35 (1) (at) “Firearms restrictions record search" means a search of department of justice records to determine whether a person seeking to purchase a handgun is prohibited from possessing a firearm under s. 941.29. “Firearms restrictions record search" includes a criminal history record search, a search to determine whether a person is prohibited from possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats., a search in the national instant criminal background check system to determine whether a person has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a), a search to determine whether the person is subject to an injunction under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under s. 941.29 and that has been filed with the circuit court under s. 813.128 (3g), a search to determine whether the person is subject to a temporary restraining order or injunction under s. 813.124, and a search to determine whether the person is prohibited from possessing a firearm under s. 813.123 (5m) or 813.125 (4m).

SB70-AA10,201 Section 201. 175.60 (9g) (a) 2. of the statutes is amended to read:

SB70-AA10,111,17 175.60 (9g) (a) 2. The department shall conduct a criminal history record search and shall search its records and conduct a search in the national instant criminal background check system to determine whether the applicant is prohibited from possessing a firearm under federal law; whether the applicant is prohibited from possessing a firearm under s. 941.29; whether the applicant is prohibited from possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats.; whether the applicant has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a); whether the applicant is subject to an injunction under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under s. 941.29 and that has been filed with the circuit court under s. 813.128 (3g); whether the applicant is subject to a temporary restraining order or injunction under s. 813.124; and whether the applicant is prohibited from possessing a firearm under s. 813.123 (5m) or 813.125 (4m); and to determine if the court has prohibited the applicant from possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c) and if the applicant is prohibited from possessing a dangerous weapon as a condition of release under s. 969.01.

SB70-AA10,202 Section 202. 175.60 (11) (a) 2. f. of the statutes is amended to read:

SB70-AA10,111,21 175.60 (11) (a) 2. f. The individual becomes subject to an a temporary restraining order or injunction described in s. 941.29 (1m) (f) or is ordered not to possess a firearm under s. 813.123 (5m) or 813.125 (4m).

SB70-AA10,203 Section 203. 801.50 (5sb) of the statutes is created to read:

SB70-AA10,111,24 801.50 (5sb) Venue of an action under s. 813.124 shall be in the county in which the cause of action arose or where the petitioner or the respondent resides.

SB70-AA10,204 Section 204. 801.58 (2m) of the statutes is amended to read:

SB70-AA10,112,8 801.58 (2m) If, under sub. (2), the judge determines that the request for substitution was made timely and in proper form, any ex parte order granted by the original judge remains in effect according to the terms, except that a temporary restraining order issued under s. 813.12 (3), 813.122 (4), 813.123 (4), 813.124 (2t), or 813.125 (3) by the original judge is extended until the newly assigned judge holds a hearing on the issuance of an injunction. The newly assigned judge shall hear any subsequent motion to modify or vacate any ex parte order granted by the original judge.

SB70-AA10,205 Section 205. 813.06 of the statutes is amended to read:

SB70-AA10,112,18 813.06 Security for damages. In proceedings under s. 767.225 the court or judge may, and in all other proceedings except proceedings under ss. 813.12, 813.122, 813.124, 813.125 and 823.113 the court or judge shall, require a bond of the party seeking an injunction, with sureties, to the effect that he or she will pay to the party enjoined such damages, not exceeding an amount to be specified, as he or she may sustain by reason of the injunction if the court finally decides that the party was not entitled thereto. Copies of such bond, affidavit or other pleading shall be served upon the party enjoined and the officer serving the same shall, within 8 days after such service, file his or her return in the office of the clerk of the court.

SB70-AA10,206 Section 206. 813.124 of the statutes is created to read:

SB70-AA10,112,21 813.124 Extreme risk protection temporary restraining orders and injunctions. (1) Definitions. In this section:

SB70-AA10,112,22 (a) “Family or household member” means any of the following:

SB70-AA10,112,23 1. A person related by blood, adoption, or marriage to the respondent.

SB70-AA10,112,25 2. A person with whom the respondent has or had a dating relationship, as defined in s. 813.12 (1) (ag), or with whom the respondent has a child in common.

SB70-AA10,113,2 3. A person who resides with, or within the 6 months before filing a petition, had resided with, the respondent.

SB70-AA10,113,3 4. A domestic partner under ch. 770 of the respondent.

SB70-AA10,113,6 5. A person who is acting or has acted as the respondent's legal guardian or who is or was a foster parent or other physical custodian described in s. 48.62 (2) of the respondent.

SB70-AA10,113,9 6. A person for whom the respondent is acting or has acted as a legal guardian or for whom the respondent is or was the foster parent or other physical custodian described in s. 48.62 (2).

SB70-AA10,113,10 (b) “Firearms dealer" has the meaning given in s. 175.35 (1) (ar).

SB70-AA10,113,11 (c) “Law enforcement officer” has the meaning given in s. 165.85 (2) (c).

SB70-AA10,113,14 (2) Commencement of action and response. No action under this section may be commenced by complaint and summons. An action under this section may be commenced only by a petition described under sub. (4) (a).

SB70-AA10,113,15 (2m) Procedure. Procedure for an action under this section is as follows:

SB70-AA10,113,25 (a) If the petitioner requests an extreme risk protection temporary restraining order, the court shall consider the request as provided under sub. (2t). If the court issues a temporary restraining order, the court shall set forth the date, which must be within 14 days of issuing the temporary restraining order, for the hearing on the injunction and shall forward a copy of the temporary restraining order, the injunction hearing date, and the petition to the appropriate law enforcement agency with jurisdiction over the respondent's residence. The law enforcement agency shall immediately, or as soon as practicable, serve it on the respondent. If personal service cannot be effected upon the respondent, the court may order other appropriate service.

SB70-AA10,114,8 (b) The court shall hold a hearing under sub. (3) on whether to issue an extreme risk protection injunction, which is the final relief. If there was no temporary restraining order, the respondent shall be served notice of the petition by a law enforcement officer and the date for the hearing shall be set upon motion by either party. If personal service cannot be effected upon the respondent, the court may order other appropriate service. The service shall include the name of the respondent and of the petitioner, and, if known, notice of the date, time, and place of the injunction hearing.

SB70-AA10,114,10 (c) When the respondent is served under this subsection, the respondent shall be provided notice of the requirements and penalties under s. 941.29.

SB70-AA10,114,14 (2t) Extreme risk protection temporary restraining order. (a) A judge shall issue an extreme risk protection temporary restraining order under this subsection prohibiting the respondent from possessing a firearm and ordering the respondent to surrender all firearms in the respondent's possession if all of the following occur:

SB70-AA10,114,19 1. A petitioner files a petition alleging the elements under sub. (4) (a), and requests a temporary restraining order. The petition requesting a temporary restraining order shall be heard by the court in an expedited manner. The court shall examine under oath the petitioner and any witness the petitioner may produce or may rely on an affidavit submitted in support of the petition.

SB70-AA10,114,20 2. The judge finds all of the following:

SB70-AA10,114,21 a. Substantial likelihood that the petition for an injunction will be successful.

SB70-AA10,114,25 b. Good cause to believe that there is an immediate and present danger that the respondent may injure himself or herself or another person if the respondent possesses a firearm and that waiting for the injunction hearing may increase the immediate and present danger.

SB70-AA10,115,5 (b) A temporary restraining order issued under this subsection shall remain in effect until a hearing is held on issuance of an injunction under sub. (3). Notice need not be given to the respondent before issuing a temporary restraining order under this subsection. A temporary restraining order may be entered against only the respondent named in the petition and may not be renewed or extended.

SB70-AA10,115,7 (c) A temporary restraining order issued under this subsection shall inform the respondent named in the petition of the requirements and penalties under s. 941.29.

SB70-AA10,115,9 (d) The temporary restraining order issued under this subsection shall require one of the following:

SB70-AA10,115,12 1. If a law enforcement officer is able to personally serve the respondent with the order, the officer to require the respondent to immediately surrender all firearms in the respondent's possession.

SB70-AA10,115,23 2. If a law enforcement officer is not able to personally serve the respondent with the order, the respondent to, within 24 hours of service, surrender all firearms in the respondent's possession to a law enforcement officer or transfer or sell all firearms in the respondent's possession to a firearms dealer. Within 48 hours of service, the respondent shall file with the court that issued the order under this subsection a receipt indicating that the respondent surrendered, transferred, or sold the firearms. The receipt must include the date on which each firearm was surrendered, transferred, or sold and the manufacturer, model, and serial number of each firearm and must be signed by either the law enforcement officer to whom the firearm was surrendered or the firearms dealer to whom the firearm was transferred or sold.

SB70-AA10,116,4 (3) Extreme risk protection injunction. (a) The court shall hold a hearing on whether to issue an extreme risk protection injunction, which is the final relief. At the hearing, a judge may grant an injunction prohibiting the respondent from possessing a firearm and, if there was no temporary restraining order under sub. (2t), ordering the respondent to surrender all firearms in the respondent's possession if all of the following occur:

SB70-AA10,116,6 1. The petitioner files a petition alleging the elements set forth under sub. (4) (a).

SB70-AA10,116,10 2. The petitioner serves upon the respondent a copy or summary of the petition and notice of the time for hearing on the issuance of the injunction, or the respondent serves upon the petitioner notice of the time for hearing on the issuance of the injunction.

SB70-AA10,116,13 3. The judge finds by clear and convincing evidence that the respondent is substantially likely to injure himself or herself or another person if the respondent possesses a firearm.

SB70-AA10,116,15 (b) The judge may enter an injunction against only the respondent named in the petition.

SB70-AA10,116,18 (c) 1. Unless a judge vacates the injunction under par. (d), an injunction under this subsection is effective for a period determined by the judge that is no longer than one year.

SB70-AA10,116,22 2. When an injunction expires, the court shall extend the injunction, upon petition, for up to one year if the judge finds by clear and convincing evidence that the respondent is still substantially likely to injure himself or herself or another person if the respondent possesses a firearm.

SB70-AA10,117,4 (d) A respondent who is subject to an injunction issued under this subsection may request in writing a judge to vacate the injunction one time during any injunction period. If a respondent files a request under this paragraph, the petitioner shall be notified of the request before the judge considers the request. The judge shall vacate the injunction if the respondent demonstrates by clear and convincing evidence that the respondent is no longer substantially likely to injure himself or herself or another person if the respondent possesses a firearm.