Amendment AA10-SB70

SB70-AA10,93,14 b. If at least one year has passed since the person successfully completed his or her sentence, the person may file a petition in the county of conviction requesting that the record be expunged. Upon receipt of the petition, the court shall review the petition to determine if the person is ineligible to petition for expungement because subd. 3. or 4. applies, less than one year has passed since the person successfully completed his or her sentence, there are criminal charges pending against the person, the person has previously had a record expunged under this section, or the person has exceeded the maximum number of petitions allowed under this subd. 1. b. If the court determines the person is eligible to petition for expungement, the court shall forward the petition to the district attorney. If the district attorney requests a hearing within 90 days after the court forwards the petition, the court shall schedule a hearing to review the petition. If the district attorney waives the hearing or at least 90 days have passed since the court forwarded the petition, the court may review the petition with or without a hearing. If a hearing is scheduled, then if practicable, the sentencing judge shall be the judge to review the petition. The court may order that the record be expunged if the court determines the person will benefit and society will not be harmed by this disposition. If the court does not order the record be expunged under this subd. 1. b., the person may file a 2nd petition under this subd. 1. b. only if at least 2 years have passed since he or she filed the first petition. No person may file more than 2 petitions per record under this subd. 1. b. For a 2nd petition regarding the same record, the person shall pay to the clerk of circuit court a $100 fee to be retained for the use of the county.

SB70-AA10,151 Section 151. 973.015 (1m) (a) 3. a. of the statutes is amended to read:

SB70-AA10,93,19 973.015 (1m) (a) 3. a. A Class H felony, if the person has, in his or her lifetime, been convicted of a prior felony offense, or if the felony is a violent offense, as defined in s. 301.048 (2) (bm), or is a violation of s. 940.32, 948.03 (2), (3), or (5) (a) 1., 2., 3., or 4., or 948.095.

SB70-AA10,152 Section 152. 973.015 (1m) (a) 3. c., cg., cr. and d. and 4. of the statutes are created to read:

SB70-AA10,93,23 973.015 (1m) (a) 3. c. A crime for which the maximum period of imprisonment is more than 6 years.

SB70-AA10,93,25 cg. A violation of s. 940.32 or 943.14 or, if the court noted in the record that the property damaged was a business, a violation of s. 943.01.

SB70-AA10,94,2 cr. A violation of a temporary restraining order or injunction issued under s. 813.12 (3) or (4).

SB70-AA10,94,3 d. A violation of chs. 341 to 348.

SB70-AA10,94,5 4. The court may order at the time of sentencing that the record is ineligible for expungement.

SB70-AA10,153 Section 153. 973.015 (1m) (b) of the statutes is amended to read:

SB70-AA10,94,22 973.015 (1m) (b) A For purposes of par. (a), a person has successfully completed the sentence if the person has completed all periods of incarceration, parole, or extended supervision to which he or she was sentenced; the person has paid all fines, costs, fees, surcharges, and restitution assessed and has completed any court-ordered community service; the person has not been convicted of a subsequent offense crime; and, if on probation was imposed, the probation has not been revoked and the probationer has satisfied the conditions of probation. Upon successful completion of the a sentence involving incarceration or probation, the detaining or probationary authority shall issue and forward to the court of record a certificate of discharge which shall be forwarded to the court of record and which shall have the effect of expunging the record that indicates whether the person successfully completed his or her sentence. If the court has ordered the record expunged under par. (a) 1. a. or 2. and the person has successfully completed the sentence, the person's record shall be expunged as ordered. If the person has been imprisoned incarcerated, the detaining authority shall also forward a copy of the certificate of discharge to the department.

SB70-AA10,154 Section 154. 973.015 (1m) (c) of the statutes is created to read:

SB70-AA10,95,12 973.015 (1m) (c) Upon receipt of a petition under par. (a) 1. b., the district attorney shall make a reasonable attempt to notify the victim, as defined in s. 950.02 (4), of the petition. In the notice, the district attorney shall inform the victim that he or she may waive the hearing requirement and that, if waived, the court may review the petition without a hearing. The district attorney shall inform the victim of the manner in which he or she may provide written statements concerning the petition and, if the victim does not waive the hearing requirement, that he or she may appear at the hearing. If the victim waives the hearing requirement, the district attorney may inform the court that there is no objection to waiving the hearing requirement. Notwithstanding the confidentiality of victim address information obtained under s. 302.113 (9g) (g) 3., a district attorney who is required to make a reasonable attempt to notify a victim under this paragraph may obtain from the clerk of the circuit court the victim address information that the victim provided to the clerk under s. 302.113 (9g) (g) 3.

SB70-AA10,155 Section 155. 973.015 (4) of the statutes is created to read:

SB70-AA10,95,17 973.015 (4) A record of a crime expunged under this section is not considered a conviction for employment purposes or for purposes of the issuance of a license, as defined in s. 111.32 (10), by a licensing agency, as defined in s. 111.32 (11). This subsection does not apply to the extent that its application conflicts with federal law.

SB70-AA10,156 Section 156. 973.25 (1) (a) of the statutes is amended to read:

SB70-AA10,95,22 973.25 (1) (a) “Certificate of qualification for employment” means a certificate issued by the council on offender employment that provides an offender with relief from a collateral sanction, except that it does not provide relief from s. 48.685 (5m), 50.065 (4m), or 111.335 (3) (a) (ar), (b), (c), or (e) or (4) (h) or (i).

SB70-AA10,9351 Section 9351. Initial applicability; Other.

SB70-AA10,96,3 (1ex) Expungement. The treatment of s. 973.015 (1m) (a) 3. a., c., cg., cr., and d. and 4., (b), and (c), the renumbering and amendment of s. 973.015 (1m) (a) 1., and the creation of s. 973.015 (1m) (a) 1. a. and b. first apply to any conviction for which sentencing has occurred but for which the record has not been ordered expunged on the effective date of this subsection.

SB70-AA10,9451 Section 9451. Effective dates; Other.

SB70-AA10,96,10 (1ex) Expungement. The treatment of ss. 111.335 (3) (a), (ah), and (g) and (4) (b), (c) 1. (intro.), (e), and (f) 1., 950.04 (1v) (g), 973.015 (1b), (1m) (a) 3. a., c., cg., cr., and d. and 4., (b), and (c), and (4), and 973.25 (1) (a), the renumbering and amendment of s. 973.015 (1m) (a) 1., the creation of s. 973.015 (1m) (a) 1. a. and b., and Section 9351 (1ex) of this act take effect on the first day of the 13th month beginning after publication.”.

SB70-AA10,96,11 244. Page 374, line 11: after that line insert:

SB70-AA10,96,12 “ Section 157. 20.455 (2) (cv) of the statutes is amended to read:

SB70-AA10,96,14 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-AA10,96,15 245. Page 374, line 11: after that line insert:

SB70-AA10,96,16 “ Section 1. 343.50 (1) (c) 1. of the statutes is amended to read:

SB70-AA10,96,23 343.50 (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-AA10,96,24 246. Page 374, line 11: after that line insert:

SB70-AA10,97,1 “ Section 158. 85.61 (1) of the statutes is amended to read:

SB70-AA10,97,12 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-AA10,159 Section 159. 343.14 (2p) of the statutes is created to read:

SB70-AA10,97,18 343.14 (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-AA10,97,24 (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-AA10,9112 Section 9112. Nonstatutory provisions; Elections Commission.

SB70-AA10,98,5 (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-AA10,98,6 247. Page 374, line 11: after that line insert:

SB70-AA10,98,7 “ Section 48s. 19.35 (3) (c) of the statutes is amended to read:

SB70-AA10,98,11 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-AA10,9351 Section 9351. Initial applicability; Other.

SB70-AA10,98,14 (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-AA10,98,15 248. Page 374, line 11: after that line insert:

SB70-AA10,98,16 “ Section 160. 20.455 (2) (gr) of the statutes is amended to read:

SB70-AA10,98,20 20.455 (2) (gr) Handgun Firearm purchaser record check; checks for licenses or certifications to carry concealed weapons. All moneys received as fee payments under ss. 175.35 (2i) (a), 175.49 (5m), and 175.60 (7) (c) and (d), (13), and (15) (b) 4. a. and b. to provide services under ss. 175.35, 175.49, and 175.60.

SB70-AA10,161 Section 161. 175.33 of the statutes is created to read:

SB70-AA10,98,22 175.33 Transfer of firearms. (1) In this section:

SB70-AA10,98,24 (a) “Family member" means a spouse, parent, grandparent, sibling, child, or grandchild. The relationship may be by blood, marriage, or adoption.

SB70-AA10,99,1 (b) “Firearm” includes the frame or receiver of a firearm.

SB70-AA10,99,2 (c) “Firearms dealer" has the meaning given in s. 175.35 (1) (ar).

SB70-AA10,99,3 (d) “Transfer” has the meaning given in s. 175.35 (1) (br).

SB70-AA10,99,5 (2) No person may transfer ownership of a firearm, or be transferred ownership of a firearm, unless one of the following applies:

SB70-AA10,99,6 (a) The transferor is a firearms dealer.

SB70-AA10,99,8 (b) The transferor makes the transfer to or through a firearms dealer and obtains a receipt under s. 175.35 (2j) (b).

SB70-AA10,99,10 (c) The transfer of ownership of the firearm is one of the transfers listed under s. 175.35 (2t).

SB70-AA10,99,13 (d) The transferor is transferring ownership of the firearm to a family member by gift, bequest, or inheritance, the transferee is not prohibited from possessing a firearm under state or federal law, and the transferee is at least 18 years of age.

SB70-AA10,99,18 (e) The transferor is transferring the firearm with the intent that the transfer is for the purpose of hunting or target shooting if the transfer is for no longer than 14 days, the transferor did not receive in exchange for the transfer more than nominal consideration, the transferee is not prohibited from possessing a firearm under state or federal law, and the transfer is not otherwise prohibited by law.

SB70-AA10,99,22 (3) Any person who intentionally violates sub. (2) is guilty of a misdemeanor and shall be fined not less than $500 nor more than $10,000 and may be imprisoned for not more than 9 months. The person is also prohibited under s. 941.29 from possessing a firearm for a period of 2 years.

SB70-AA10,162 Section 162. 175.35 (title) of the statutes is amended to read:

SB70-AA10,99,24 175.35 (title) Purchase Transfer of handguns firearms.

SB70-AA10,163 Section 163 . 175.35 (1) (at) of the statutes, as affected by 2023 Wisconsin Act .... (this act), is amended to read:

SB70-AA10,100,18 175.35 (1) (at) “Firearms restrictions record search" means a search of department of justice records to determine whether a person seeking to purchase be transferred a handgun firearm 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), and a search to determine whether the person is prohibited from possessing a firearm under s. 813.123 (5m) or 813.125 (4m).

SB70-AA10,164 Section 164. 175.35 (1) (b) of the statutes is repealed.

SB70-AA10,165 Section 165. 175.35 (1) (br) of the statutes is created to read:

SB70-AA10,100,22 175.35 (1) (br) “Transfer” includes to sell, assign, pledge, lease, loan, give away, or otherwise dispose of.

SB70-AA10,166 Section 166. 175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) (am) and amended to read:

SB70-AA10,101,4 175.35 (2) (am) When a firearms dealer sells transfers a handgun firearm, including the frame or receiver of a firearm, he or she may not transfer possession of that handgun firearm to any other person until all of the following have occurred: requirements under par. (cm) have been met.

SB70-AA10,167 Section 167. 175.35 (2) (a), (b), (c) and (d) of the statutes are renumbered 175.35 (2) (cm) 1., 2., 3. and 4.

SB70-AA10,168 Section 168. 175.35 (2) (bm) of the statutes is created to read:

SB70-AA10,101,10 175.35 (2) (bm) When a person transfers a firearm, including the frame or receiver of a firearm, through a firearms dealer, the transfer of possession of that firearm may not be made until all of the requirements of par. (cm) have been met.

SB70-AA10,169 Section 169. 175.35 (2) (cm) (intro.) of the statutes is created to read:

SB70-AA10,101,13 175.35 (2) (cm) (intro.) All of the following must occur before a transfer of a firearm occurs under par. (am) or (bm):

SB70-AA10,170 Section 170. 175.35 (2g) (a) of the statutes is amended to read:

SB70-AA10,101,17 175.35 (2g) (a) The department of justice shall promulgate rules prescribing procedures for use under sub. (2) (cm) 1. for a transferee to provide and a firearms dealer to inspect identification containing a photograph of the transferee.

SB70-AA10,171 Section 171. 175.35 (2g) (b) 1. of the statutes is amended to read:

SB70-AA10,101,24 175.35 (2g) (b) 1. The department of justice shall promulgate rules prescribing a notification form for use under sub. (2) (cm) 2. and 3. requiring the transferee to provide his or her name, date of birth, gender, race and social security number and other identification necessary to permit an accurate firearms restrictions record search under par. (c) 3. and the required notification under par. (c) 4. The department of justice shall make the forms available at locations throughout the state.

SB70-AA10,172 Section 172. 175.35 (2g) (b) 2. of the statutes is amended to read:

SB70-AA10,102,6 175.35 (2g) (b) 2. The department of justice shall ensure that each notification form under subd. 1. requires the transferee to indicate that he or she is not purchasing receiving a transfer of the firearm with the purpose or intent to transfer the firearm to a person who is prohibited from possessing a firearm under state or federal law and that each notification form informs the transferee that making a false statement with regard to this purpose or intent is a Class H felony.

SB70-AA10,173 Section 173. 175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and amended to read:

SB70-AA10,102,11 175.35 (2i) (a) The department shall charge a firearms dealer a $10 fee for each firearms restrictions record search that the firearms dealer requests under sub. (2) (c) (cm) 3.

SB70-AA10,102,12 (b) 1. The firearms dealer may collect the fee under par. (a) from the transferee.

SB70-AA10,102,15 (c) The department may refuse to conduct firearms restrictions record searches for any firearms dealer who fails to pay any fee under this subsection par. (a) within 30 days after billing by the department.

SB70-AA10,174 Section 174. 175.35 (2i) (b) 2. of the statutes is created to read:

SB70-AA10,102,19 175.35 (2i) (b) 2. If the transfer is made under sub. (2) (bm), the firearms dealer may collect from the transferor the fee under par. (a) and any additional amount to cover any costs he or she incurs in processing the transfer.

SB70-AA10,175 Section 175. 175.35 (2j) of the statutes is renumbered 175.35 (2j) (a).

SB70-AA10,176 Section 176. 175.35 (2j) (b) of the statutes is created to read:

SB70-AA10,102,25 175.35 (2j) (b) If a person transfers a firearm through a firearms dealer under sub. (2) (bm), or transfers a firearm to a firearms dealer, the firearms dealer shall provide the person a written receipt documenting the dealer's participation in the transfer.

SB70-AA10,177 Section 177. 175.35 (2k) (ar) 2. of the statutes is amended to read:

SB70-AA10,103,9 175.35 (2k) (ar) 2. Check each notification form received under sub. (2j) (a) against the information recorded by the department regarding the corresponding request for a firearms restrictions record search under sub. (2g). If the department previously provided a unique approval number regarding the request and nothing in the completed notification form indicates that the transferee is prohibited from possessing a firearm under s. 941.29, the department shall destroy all records regarding that firearms restrictions record search within 30 days after receiving the notification form.

SB70-AA10,178 Section 178. 175.35 (2k) (c) 2. a. of the statutes is amended to read:

SB70-AA10,103,13 175.35 (2k) (c) 2. a. A statement that the Wisconsin law enforcement agency is conducting an investigation of a crime in which a handgun firearm was used or was attempted to be used or was unlawfully possessed.