Amendment SA2-SSA2-SB70

SB70-SSA2-SA2,305,13 941.296 (1) (b) “Handgun" has the meaning given in s. 175.35 (1) (b) 941.237 (1) (d).

SB70-SSA2-SA2,681 Section 681. 968.20 (3) (b) of the statutes is amended to read:

SB70-SSA2-SA2,306,13 968.20 (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-SSA2-SA2,682 Section 682. 971.17 (1g) of the statutes is amended to read:

SB70-SSA2-SA2,306,18 971.17 (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-SSA2-SA2,683 Section 683. 973.176 (1) of the statutes is amended to read:

SB70-SSA2-SA2,306,24 973.176 (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-SSA2-SA2,9327 Section 9327. Initial applicability; Justice.

SB70-SSA2-SA2,307,5 (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-SSA2-SA2,9427 Section 9427. Effective dates; Justice.

SB70-SSA2-SA2,307,15 (1fa) Transfers of firearms. The treatment of ss. 20.455 (2) (gr), 175.33, 175.35 (title), (1) (at) (by Section 651 ), (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-SSA2-SA2,307,16 277. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,307,17 “ Section 48s. 19.35 (3) (c) of the statutes is amended to read:

SB70-SSA2-SA2,307,21 19.35 (3) (c) Except as otherwise provided by law or as authorized to be prescribed by law, an authority may impose a fee upon a requester for locating a record, not exceeding the actual, necessary and direct cost of location, if the cost is $50 $100 or more.

SB70-SSA2-SA2,9351 Section 9351. Initial applicability; Other.

SB70-SSA2-SA2,307,24 (1) Public records location fee. The treatment of s. 19.35 (3) (c) first applies to a public records request received on the effective date of this subsection.”.

SB70-SSA2-SA2,308,1 278. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,308,2 “ Section 684. 85.61 (1) of the statutes is amended to read:

SB70-SSA2-SA2,308,13 85.61 (1) The secretary of transportation and the administrator of the elections commission shall enter into an agreement to match personally identifiable information on the official registration list maintained by the commission under s. 6.36 (1) and the information specified in s. ss. 6.256 (2) and 6.34 (2m) with personally identifiable information in the operating record file database under ch. 343 and vehicle registration records under ch. 341 to the extent required to enable the secretary of transportation and the administrator of the elections commission to verify the accuracy of the information provided for the purpose of voter registration. Notwithstanding ss. 110.09 (2), 342.06 (1) (eg), and 343.14 (2j), but subject to s. 343.14 (2p) (b), the agreement shall provide for the transfer of electronic information under s. 6.256 (2) to the commission on a continuous basis, no less often than weekly.

SB70-SSA2-SA2,685 Section 685. 343.14 (2p) of the statutes is created to read:

SB70-SSA2-SA2,308,19 343.14 (2p) (a) The forms for application for a license or identification card or for renewal thereof shall inform the applicant of the department's duty to make available to the elections commission the information described in s. 6.256 (2) for the purposes specified in s. 6.256 (1) and (3) and shall provide the applicant an opportunity to elect not to have this information made available for these purposes.

SB70-SSA2-SA2,309,2 (b) If the applicant elects not to have the information described in s. 6.256 (2) made available for the purposes specified in s. 6.256 (1) and (3), the department may not make this information available for these purposes. This paragraph does not preclude the department from making available to the elections commission information for the purposes specified in s. 6.34 (2m) or for any purpose other than those specified in s. 6.256 (1) and (3).

SB70-SSA2-SA2,9112 Section 9112. Nonstatutory provisions; Elections Commission.

SB70-SSA2-SA2,309,8 (1) Initial sharing of registration information. Notwithstanding ss. 85.61 (1), 110.09 (2), 342.06 (1) (eg), and 343.14 (2j), the department of transportation shall enter into and begin transferring information under a revised agreement with the elections commission administrator pursuant to s. 85.61 (1) no later than the first day of the 9th month beginning after the effective date of this subsection.” .

SB70-SSA2-SA2,309,9 279. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,309,10 “ Section 1. 343.50 (1) (c) 1. of the statutes is amended to read:

SB70-SSA2-SA2,309,17 343.50 (1) (c) 1. The department may issue a receipt to any applicant for an identification card, and shall issue a receipt to an applicant requesting an identification card under sub. (5) (a) 3., which receipt shall constitute a temporary identification card while the application is being processed and shall be valid for a period not to exceed 60 180 days. If the application for an identification card is processed under the exception specified in s. 343.165 (7) or (8), the receipt shall include the marking specified in sub. (3) (b).”.

SB70-SSA2-SA2,309,18 280. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,309,19 “ Section 686. 20.455 (2) (cv) of the statutes is amended to read:

SB70-SSA2-SA2,309,21 20.455 (2) (cv) Shot Spotter Gunfire Detection Program. The amounts in the schedule for the Shot Spotter Gunfire Detection Program in the city of Milwaukee.”.

SB70-SSA2-SA2,309,22 281. Page 374, line 11: after that line insert:

SB70-SSA2-SA2,309,23 “ Section 687. 165.63 (3) of the statutes is amended to read:

SB70-SSA2-SA2,310,4 165.63 (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-SSA2-SA2,688 Section 688. 165.63 (4) (d) of the statutes is amended to read:

SB70-SSA2-SA2,310,8 165.63 (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-SSA2-SA2,689 Section 689. 175.35 (1) (at) of the statutes is amended to read:

SB70-SSA2-SA2,311,2 175.35 (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-SSA2-SA2,690 Section 690. 175.60 (9g) (a) 2. of the statutes is amended to read:

SB70-SSA2-SA2,311,22 175.60 (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-SSA2-SA2,691 Section 691. 175.60 (11) (a) 2. f. of the statutes is amended to read:

SB70-SSA2-SA2,312,3 175.60 (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-SSA2-SA2,692 Section 692. 801.50 (5sb) of the statutes is created to read:

SB70-SSA2-SA2,312,6 801.50 (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-SSA2-SA2,693 Section 693. 801.58 (2m) of the statutes is amended to read:

SB70-SSA2-SA2,312,15 801.58 (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-SSA2-SA2,694 Section 694. 813.06 of the statutes is amended to read:

SB70-SSA2-SA2,312,25 813.06 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-SSA2-SA2,695 Section 695. 813.124 of the statutes is created to read:

SB70-SSA2-SA2,313,3 813.124 Extreme risk protection temporary restraining orders and injunctions. (1) Definitions. In this section:

SB70-SSA2-SA2,313,4 (a) “Family or household member” means any of the following:

SB70-SSA2-SA2,313,5 1. A person related by blood, adoption, or marriage to the respondent.

SB70-SSA2-SA2,313,7 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-SSA2-SA2,313,9 3. A person who resides with, or within the 6 months before filing a petition, had resided with, the respondent.

SB70-SSA2-SA2,313,10 4. A domestic partner under ch. 770 of the respondent.

SB70-SSA2-SA2,313,13 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-SSA2-SA2,313,16 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-SSA2-SA2,313,17 (b) “Firearms dealer" has the meaning given in s. 175.35 (1) (ar).

SB70-SSA2-SA2,313,18 (c) “Law enforcement officer” has the meaning given in s. 165.85 (2) (c).

SB70-SSA2-SA2,313,21 (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-SSA2-SA2,313,22 (2m) Procedure. Procedure for an action under this section is as follows:

SB70-SSA2-SA2,314,7 (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-SSA2-SA2,314,15 (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-SSA2-SA2,314,17 (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-SSA2-SA2,314,21 (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-SSA2-SA2,315,2 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-SSA2-SA2,315,3 2. The judge finds all of the following:

SB70-SSA2-SA2,315,4 a. Substantial likelihood that the petition for an injunction will be successful.

SB70-SSA2-SA2,315,8 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-SSA2-SA2,315,13 (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-SSA2-SA2,315,15 (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-SSA2-SA2,315,17 (d) The temporary restraining order issued under this subsection shall require one of the following:

SB70-SSA2-SA2,315,20 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-SSA2-SA2,316,6 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-SSA2-SA2,316,12 (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-SSA2-SA2,316,14 1. The petitioner files a petition alleging the elements set forth under sub. (4) (a).

SB70-SSA2-SA2,316,18 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-SSA2-SA2,316,21 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-SSA2-SA2,316,23 (b) The judge may enter an injunction against only the respondent named in the petition.

SB70-SSA2-SA2,317,3 (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-SSA2-SA2,317,7 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-SSA2-SA2,317,14 (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.

SB70-SSA2-SA2,317,16 (e) An injunction issued under this subsection shall inform the respondent named in the petition of the requirements and penalties under s. 941.29.

SB70-SSA2-SA2,317,17 (4) Petition. (a) The petition shall allege facts sufficient to show the following:

SB70-SSA2-SA2,317,19 1. The name of the petitioner and, unless the petitioner is a law enforcement officer, how the petitioner is a family or household member of the respondent.

SB70-SSA2-SA2,317,20 2. The name of the respondent.

SB70-SSA2-SA2,317,22 3. That the respondent is substantially likely to injure himself or herself or another person if the respondent possesses a firearm.

SB70-SSA2-SA2,317,24 4. If the petitioner knows, the number, types, and locations of any firearms that the respondent possesses.

SB70-SSA2-SA2,318,4 5. If requesting a temporary restraining order, evidence of 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-SSA2-SA2,318,6 (b) The clerk of the circuit court shall provide simplified forms to help a person file a petition.