Amendment SA8-SSA2-SB45

SB45-SSA2-SA8,61 Section 61. 973.043 (3) of the statutes is amended to read:

SB45-SSA2-SA8,18,3 973.043 (3) All moneys collected from drug offender diversion surcharges shall be credited to the appropriation account under s. 20.455 (2) (kv) 20.625 (1) (kv) and used for the purpose of making grants payments to counties under that comply with the criteria specified in s. 165.95 (3).

SB45-SSA2-SA8,62 Section 62. 973.155 (1m) of the statutes is amended to read:

SB45-SSA2-SA8,18,9 973.155 (1m) A convicted offender shall be given credit toward the service of his or her sentence for all days spent in custody as part of a substance abuse treatment program that meets the requirements of s. 165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10), for any offense arising out of the course of conduct that led to the person’s placement in that program.

SB45-SSA2-SA8,9101 Section 9101. Nonstatutory provisions; Administration.

SB45-SSA2-SA8,18,17 (1) Alternatives to prosecution and incarceration grant program. Notwithstanding s. 16.42 (1) (e), in submitting information under s. 16.42 for purposes of the 2027 biennial budget act, the department of administration shall submit information concerning the appropriation under s. 20.505 (1) (cb) as though the total amount appropriated under s. 20.505 (1) (cb) for the 2026-27 fiscal year was $142,500 more than the total amount that was actually appropriated under s. 20.505 (1) (cb) for the 2026-27 fiscal year.

SB45-SSA2-SA8,9127 Section 9127. Nonstatutory provisions; Justice.

SB45-SSA2-SA8,18,21 (1) Alternatives to prosecution and incarceration grant program. Notwithstanding s. 165.95 (7) and (7m), the department of justice may not make any grants for the calendar year beginning January 1, 2027.

SB45-SSA2-SA8,9401 Section 9401. Effective dates; Administration.

SB45-SSA2-SA8,18,24 (1) Alternatives to prosecution and incarceration grant program. The treatment of ss. 16.075 and 20.505 (1) (cb) takes effect on January 1, 2027.

SB45-SSA2-SA8,9407 Section 9407. Effective dates; Circuit Courts.

SB45-SSA2-SA8,19,4 (1) Alternatives to prosecution and incarceration grant program. The treatment of ss. 758.19 (5) (g) and 961.385 (2) (cm) 3. b. takes effect on January 1, 2027.

SB45-SSA2-SA8,9427 Section 9427. Effective dates; Justice.

SB45-SSA2-SA8,19,11 (1) Alternatives to prosecution and incarceration and drug court grant programs. The treatment of ss. 20.455 (2) (eg), (em), (jd), (kn), and (kv), 20.505 (1) (id) 5., 46.47 (1) (b), 165.25 (10m) (intro.), 165.95 (title), (1) (ac), (2), (2m), (2r), (3) (intro.), (a), (ag), (b), (bd), (cm) 2., (d), (e), (g), (h), (i), (j), and (k), (5) (a), (b), and (bg), (5m), (5p) (a) and (b), (6), (7), (7m), (8), (9), and (10), 165.955, 961.41 (5) (c) 2., and 973.043 (3) take effect on January 1, 2027.”.

SB45-SSA2-SA8,19,12 10. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,19,13 “Section 63. 165.83 (2) (d) of the statutes is amended to read:

SB45-SSA2-SA8,19,15 165.83 (2) (d) Obtain Except as provided in par. (dd), obtain and file information relating to identifiable stolen or lost property.

SB45-SSA2-SA8,64 Section 64. 165.83 (2) (dd) of the statutes is created to read:

SB45-SSA2-SA8,19,22 165.83 (2) (dd) 1. If a law enforcement agency forwards a file under s. 175.36 (2) (a) 2. to the department, enter the information into the national crime information center systems and put the file in a database that is created for stolen or lost firearms and make the database available to law enforcement agencies for the purpose of locating and identifying stolen or lost firearms and identifying violators of s. 175.36 (1).

SB45-SSA2-SA8,20,3 2. If a law enforcement agency notifies the department under s. 175.36 (2) (b) that a stolen or lost firearm has been recovered, enter that information into the national crime information center systems and add to the database a notation that the firearm has been recovered and the date on which it was recovered.

SB45-SSA2-SA8,65 Section 65. 175.36 of the statutes is created to read:

SB45-SSA2-SA8,20,8 175.36 Reporting stolen or lost firearm. (1) (a) A person who owns a firearm and who discovers that the firearm is stolen or lost shall, within 24 hours of the discovery, report the theft or loss to a law enforcement agency that has jurisdiction over the area in which the firearm was stolen or lost.

SB45-SSA2-SA8,20,11 (b) If a person who has reported a theft or loss under par. (a) recovers the firearm, the person shall report as soon as practicable to a law enforcement agency the date on which the firearm was recovered.

SB45-SSA2-SA8,20,13 (2) (a) A law enforcement agency that receives under sub. (1) (a) a report of a stolen or lost firearm shall do all of the following:

SB45-SSA2-SA8,20,18 1. Create a file that includes, if known, the date on which the firearm was stolen or lost; the caliber, make, and model of the firearm; the serial number of the firearm; any distinguishing mark on the firearm; and the location at which the firearm was purchased by, or transferred to, the person making the report under sub. (1) (a).

SB45-SSA2-SA8,20,20 2. As soon as practicable, forward a copy of the file created under subd. 1. to the department of justice for inclusion in a database under s. 165.83 (2) (dd).

SB45-SSA2-SA8,20,23 (b) A law enforcement agency that receives under sub. (1) (b) a report of a recovered firearm shall report to the department of justice the date on which the firearm was recovered.

SB45-SSA2-SA8,21,2 (3) A person who reports under sub. (1) (a) a stolen or lost firearm, when he or she knows that the report is false, is guilty of violating s. 946.41.

SB45-SSA2-SA8,21,3 (4) A person who violates sub. (1) (a) is guilty of one of the following:

SB45-SSA2-SA8,21,4 (a) For a first offense, a Class A misdemeanor.

SB45-SSA2-SA8,21,5 (b) For a 2nd or subsequent offense, a Class I felony.

SB45-SSA2-SA8,66 Section 66. 175.37 (title) of the statutes is amended to read:

SB45-SSA2-SA8,21,8 175.37 (title) Warning Requirements whenever transferring a firearm.

SB45-SSA2-SA8,67 Section 67. 175.37 (1) of the statutes is renumbered 175.37 (1) (intro.) and amended to read:

SB45-SSA2-SA8,21,13 175.37 (1) (intro.) Upon the retail commercial sale or retail commercial transfer of any firearm, the seller or transferor shall provide to the buyer or transferee all of the following:

SB45-SSA2-SA8,21,18 (a) A written warning in block letters not less than one-fourth inch in height: “IF YOU LEAVE A LOADED FIREARM WITHIN THE REACH OR EASY ACCESS OF A CHILD YOU MAY BE FINED OR IMPRISONED OR BOTH IF THE CHILD IMPROPERLY DISCHARGES, POSSESSES OR EXHIBITS THE FIREARM.”

SB45-SSA2-SA8,68 Section 68. 175.37 (1) (b) of the statutes is created to read:

SB45-SSA2-SA8,21,21 175.37 (1) (b) A secure, lockable container that is designed to store a firearm or a trigger lock for the firearm.

SB45-SSA2-SA8,69 Section 69. 175.37 (1) (c) of the statutes is created to read:

SB45-SSA2-SA8,22,2 175.37 (1) (c) A written notice of the requirements under s. 175.36 (1) and of the penalties under s. 175.36 (4).

SB45-SSA2-SA8,70 Section 70. 939.6195 (1) (a) 1. of the statutes is amended to read:

SB45-SSA2-SA8,22,4 939.6195 (1) (a) 1. A violation of s. 941.29 or, 941.2905, or 941.293.

SB45-SSA2-SA8,71 Section 71. 941.285 of the statutes is created to read:

SB45-SSA2-SA8,22,11 941.285 Possession of firearm accessories that accelerate the rate of fire. (1) No person may import, sell or offer to sell, purchase, manufacture, transfer, use, or possess a trigger crank, a bump-fire device, or any part, combination of parts, component, device, attachment, or accessory that is added after manufacture that is designed to accelerate or functions to accelerate the rate of fire of a semiautomatic firearm.

SB45-SSA2-SA8,22,12 (2) Any person violating sub. (1) is guilty of a Class G felony.

SB45-SSA2-SA8,22,15 (3) Subsection (1) does not apply to importation, sale, purchase, manufacture, transfer, use, or possession by or under the authority of the federal government or a state or local government.

SB45-SSA2-SA8,72 Section 72. 941.29 (1g) (a) of the statutes is amended to read:

SB45-SSA2-SA8,23,2 941.29 (1g) (a) “Violent felony” means any felony under s. 943.23 (1m), 1999 stats., s. 943.23 (1r), 1999 stats., or s. 943.23 (1g), 2021 stats., this section sub. (1m), or s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19, 940.195, 940.198, 940.20, 940.201, 940.203, 940.204, 940.21, 940.225, 940.23, 940.235, 940.285 (2), 940.29, 940.295 (3), 940.30, 940.302, 940.305, 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20, 941.26, 941.28, 941.285, 941.2905, 941.292, 941.293, 941.30, 941.327 (2) (b) 3. or 4., 943.02, 943.04, 943.06, 943.10 (2), 943.231 (1), 943.32, 943.87, 946.43, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.051, 948.06, 948.07, 948.08, 948.085, or 948.30.

SB45-SSA2-SA8,73 Section 73. 941.29 (3m) of the statutes is created to read:

SB45-SSA2-SA8,23,8 941.29 (3m) (a) A person who resides with a person who is prohibited under sub. (1m) from possessing a firearm shall, when not carrying the firearm, store any firearm he or she possesses in a securely locked box or container or in a locked location that a reasonable person would believe to be secure or ensure that a trigger lock is engaged on the firearm.

SB45-SSA2-SA8,23,9 (b) A person who violates par. (a) is guilty of the following:

SB45-SSA2-SA8,23,10 1. For a first violation, a Class A misdemeanor.

SB45-SSA2-SA8,23,11 2. For a 2nd or subsequent violation, a Class I felony.

SB45-SSA2-SA8,74 Section 74. 941.291 (1) (b) of the statutes is amended to read:

SB45-SSA2-SA8,23,24 941.291 (1) (b) “Violent felony” means any felony, or the solicitation, conspiracy, or attempt to commit any felony, under s. 943.23 (1m) or (1r), 1999 stats., or s. 943.23 (1g), 2021 stats., or s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19, 940.195, 940.198, 940.20, 940.201, 940.203, 940.204, 940.21, 940.225, 940.23, 940.285 (2), 940.29, 940.295 (3), 940.30, 940.305, 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20, 941.26, 941.28, 941.285, 941.29 (1m), 941.293, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.04, 943.06, 943.10 (2), 943.231 (1), 943.32, 943.81, 943.82, 943.83, 943.85, 943.86, 943.87, 943.88, 943.89, 943.90, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07, 948.08, 948.085, or 948.30; or, if the victim is a financial institution, as defined in s. 943.80 (2), a felony, or the solicitation, conspiracy, or attempt to commit a felony under s. 943.84 (1) or (2).

SB45-SSA2-SA8,75 Section 75. 941.293 of the statutes is created to read:

SB45-SSA2-SA8,24,3 941.293 Undetectable firearms; serial numbers on firearm components. (1) In this section:

SB45-SSA2-SA8,24,5 (a) “Major component” means the barrel, the slide or cylinder, or the frame or receiver of a firearm.

SB45-SSA2-SA8,24,6 (b) “Undetectable firearm” means any of the following:

SB45-SSA2-SA8,24,9 1. A firearm that, after the removal of grips, stocks, and magazines, is not detectable by a metal detector calibrated to detect a security exemplar, as defined in 18 USC 922 (p) (2) (C).

SB45-SSA2-SA8,24,13 2. A firearm if any major component of it does not generate an image that accurately depicts the shape of the component when subject to inspection by security scanners, x-ray machines, or other security devices commonly used at airports.

SB45-SSA2-SA8,24,15 (2) (a) 1. Whoever sells, offers to sell, transfers, transports, manufactures, possesses, or goes armed with an undetectable firearm is guilty of a Class G felony.

SB45-SSA2-SA8,24,18 2. Whoever sells, offers to sell, transfers, posts, provides to another, or possesses plans for manufacturing an undetectable firearm is guilty of a Class H felony.

SB45-SSA2-SA8,24,22 (b) Paragraph (a) does not apply to a person who is licensed by a state or the federal government to manufacture undetectable firearms while the person is on official duty. Paragraph (a) 1. does not apply to a law enforcement officer while on official duty or to armed forces or national guard personnel while on official duty.

SB45-SSA2-SA8,25,2 (3) (a) Whoever possesses a frame or a receiver of a firearm that is not attached to a firearm and that is not marked or engraved with a serial number is guilty of a Class I felony.

SB45-SSA2-SA8,25,7 (b) Paragraph (a) does not apply to a firearm frame or receiver manufactured before 1968, a person who is licensed by a state or the federal government to manufacture undetectable firearms while the person is on official duty, a law enforcement officer while on official duty, or armed forces or national guard personnel while on official duty.

SB45-SSA2-SA8,76 Section 76. 948.55 of the statutes is repealed and recreated to read:

SB45-SSA2-SA8,25,14 948.55 Storage of firearm if children present. (1) Whoever resides with a child, or knows a child will be present in his or her residence, may not store or leave a firearm at his or her residence unless the firearm is in a securely locked box or container or in a locked location that a reasonable person would believe to be secure or unless a trigger lock is engaged on the firearm. This prohibition does not apply to a person who is going armed with the firearm.

SB45-SSA2-SA8,25,15 (2) A person who violates sub. (1) is guilty of the following:

SB45-SSA2-SA8,25,16 (a) For a first violation, a Class A misdemeanor.

SB45-SSA2-SA8,25,17 (b) For a 2nd or subsequent violation, a Class I felony.

SB45-SSA2-SA8,77 Section 77. 968.02 (4) of the statutes is amended to read:

SB45-SSA2-SA8,26,2 968.02 (4) If the alleged violator under s. 948.55 (2) or 948.60 (2) (c) is or was the parent or guardian of a child who is injured or dies as a result of an accidental shooting, the district attorney may consider, among other factors, the impact of the injury or death on the alleged violator when deciding whether to issue a complaint regarding the alleged violation. This subsection does not restrict the factors that a district attorney may consider in deciding whether to issue a complaint regarding any alleged violation.

SB45-SSA2-SA8,78 Section 78. 968.07 (3) of the statutes is amended to read:

SB45-SSA2-SA8,26,7 968.07 (3) If the alleged violator under s. 948.55 (2) or 948.60 (2) (c) is or was the parent or guardian of a child who is injured or dies as a result of an accidental shooting, no law enforcement officer may arrest the alleged violator until at least 7 days after the date of the shooting.

SB45-SSA2-SA8,79 Section 79. 973.123 (1) of the statutes is amended to read:

SB45-SSA2-SA8,26,17 973.123 (1) In this section, “violent felony” means any felony under s. 943.23 (1m), 1999 stats., s. 943.23 (1r), 1999 stats., or s. 943.23 (1g), 2021 stats., or s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19, 940.195, 940.198, 940.20, 940.201, 940.203, 940.204, 940.21, 940.225, 940.23, 940.235, 940.285 (2), 940.29, 940.295 (3), 940.30, 940.302, 940.305, 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20, 941.26, 941.28, 941.285, 941.29 (1m), 941.292, 941.293, 941.30, 941.327 (2) (b) 3. or 4., 943.02, 943.04, 943.06, 943.10 (2), 943.231 (1), 943.32, 943.87, 946.43, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.051, 948.06, 948.07, 948.08, 948.085, or 948.30.

SB45-SSA2-SA8,9151 Section 9151. Nonstatutory provisions; Other.

SB45-SSA2-SA8,26,22 (1) Delayed penalty application for violating prohibition. Notwithstanding s. 941.285, no person may be subject to a penalty for violating s. 941.285 (1) with regard to the possession of any device prohibited under that section for the first 180 days after the effective date of this subsection.

SB45-SSA2-SA8,9351 Section 9351. Initial applicability; Other.

SB45-SSA2-SA8,27,3 (1) Requirements when selling or transferring firearms. The treatment of s. 175.37 (title), the renumbering and amendment of s. 175.37 (1), and the creation of s. 175.37 (1) (b) first apply to sales and transfers that occur on the effective date of this subsection.

SB45-SSA2-SA8,27,5 (2) Lost or stolen firearms. The treatment of s. 175.36 (1) (a) first applies to discoveries of stolen or lost firearms made on the effective date of this subsection.

SB45-SSA2-SA8,27,8 (3) Requirements when transferring firearm. The creation of s. 175.37 (1) (c) first applies to sales and transfers that occur on the effective date of this subsection.”.

SB45-SSA2-SA8,27,9 11. At the appropriate places, insert all of the following:

SB45-SSA2-SA8,27,10 “Section 80. 16.311 of the statutes is created to read:

SB45-SSA2-SA8,27,22 16.311 Supplement for crime victim services grants. (1) From the appropriation under s. 20.505 (1) (e), the secretary may supplement s. 20.455 (5) (km) if the secretary determines that the moneys received from the federal government for crime victim assistance under 34 USC 20103, together with the moneys received in each fiscal year from the crime victim services surcharge under s. 973.0452, are insufficient to provide grants to crime victim services organizations under s. 165.935. If the secretary determines under this subsection that moneys received are insufficient, the secretary shall determine the amount of the supplement, but the secretary may not determine an amount that is larger than the difference between $44,500,000 and the sum of the moneys received in each fiscal year under 34 USC 20103 plus the moneys received in each fiscal year under s. 973.0452.

SB45-SSA2-SA8,27,24 (2) In determining under sub. (1) whether the moneys received are insufficient, the secretary may consider any factor, including:

SB45-SSA2-SA8,28,1 (a) The needs of rural and urban communities.

SB45-SSA2-SA8,28,3 (b) The amount of funding that a crime victim services organization receives as a percentage of its operating budget from the state or federal government.