Amendment AA15-ASA2-AB50

AB50-ASA2-AA15,29,13 939.6195 (1) (a) 1. A violation of s. 941.29 or, 941.2905, or 941.293.

AB50-ASA2-AA15,54 Section 54. 941.285 of the statutes is created to read:

AB50-ASA2-AA15,29,20 941.285 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.

AB50-ASA2-AA15,29,21 (2) Any person violating sub. (1) is guilty of a Class G felony.

AB50-ASA2-AA15,30,2 (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.

AB50-ASA2-AA15,55 Section 55. 941.29 (1g) (a) of the statutes is amended to read:

AB50-ASA2-AA15,30,12 941.29 (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.

AB50-ASA2-AA15,56 Section 56. 941.29 (3m) of the statutes is created to read:

AB50-ASA2-AA15,30,18 941.29 (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.

AB50-ASA2-AA15,30,19 (b) A person who violates par. (a) is guilty of the following:

AB50-ASA2-AA15,30,20 1. For a first violation, a Class A misdemeanor.

AB50-ASA2-AA15,30,21 2. For a 2nd or subsequent violation, a Class I felony.

AB50-ASA2-AA15,57 Section 57. 941.291 (1) (b) of the statutes is amended to read:

AB50-ASA2-AA15,31,10 941.291 (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).

AB50-ASA2-AA15,58 Section 58. 941.293 of the statutes is created to read:

AB50-ASA2-AA15,31,13 941.293 Undetectable firearms; serial numbers on firearm components. (1) In this section:

AB50-ASA2-AA15,31,15 (a) “Major component” means the barrel, the slide or cylinder, or the frame or receiver of a firearm.

AB50-ASA2-AA15,31,16 (b) “Undetectable firearm” means any of the following:

AB50-ASA2-AA15,31,19 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).

AB50-ASA2-AA15,31,23 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.

AB50-ASA2-AA15,32,2 (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.

AB50-ASA2-AA15,32,5 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.

AB50-ASA2-AA15,32,9 (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.

AB50-ASA2-AA15,32,12 (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.

AB50-ASA2-AA15,32,17 (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.

AB50-ASA2-AA15,59 Section 59. 948.55 of the statutes is repealed and recreated to read:

AB50-ASA2-AA15,33,2 948.55 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.

AB50-ASA2-AA15,33,3 (2) A person who violates sub. (1) is guilty of the following:

AB50-ASA2-AA15,33,4 (a) For a first violation, a Class A misdemeanor.

AB50-ASA2-AA15,33,5 (b) For a 2nd or subsequent violation, a Class I felony.

AB50-ASA2-AA15,60 Section 60. 968.02 (4) of the statutes is amended to read:

AB50-ASA2-AA15,33,13 968.02 (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.

AB50-ASA2-AA15,61 Section 61. 968.07 (3) of the statutes is amended to read:

AB50-ASA2-AA15,33,18 968.07 (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.

AB50-ASA2-AA15,62 Section 62. 973.123 (1) of the statutes is amended to read:

AB50-ASA2-AA15,34,4 973.123 (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.

AB50-ASA2-AA15,9151 Section 9151. Nonstatutory provisions; Other.

AB50-ASA2-AA15,34,9 (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.

AB50-ASA2-AA15,9351 Section 9351. Initial applicability; Other.

AB50-ASA2-AA15,34,14 (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.

AB50-ASA2-AA15,34,16 (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.

AB50-ASA2-AA15,34,19 (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.”.

AB50-ASA2-AA15,34,20 18. At the appropriate places, insert all of the following:

AB50-ASA2-AA15,34,21 “Section 63. 111.335 (3) (a) of the statutes is renumbered 111.335 (3) (ar).

AB50-ASA2-AA15,64 Section 64. 111.335 (3) (ah) of the statutes is created to read:

AB50-ASA2-AA15,35,6 111.335 (3) (ah) 1. Employment discrimination because of conviction record includes, but is not limited to, requesting an applicant, employee, member, licensee, or any other individual, on an application form or otherwise, to supply information regarding a crime the record of which has been expunged under s. 973.015. A request to supply information regarding criminal convictions shall not be construed as a request to supply information regarding a crime the record of which has been expunged under s. 973.015.

AB50-ASA2-AA15,35,12 2. Notwithstanding par. (ar) 1., and except as provided in par. (g), it is employment discrimination because of conviction record for an employer or licensing agency to engage in any act of employment discrimination specified in s. 111.322 on the basis of a conviction the record of which has been expunged under s. 973.015. This subdivision does not apply to the extent that its application conflicts with federal law.

AB50-ASA2-AA15,65 Section 65. 111.335 (3) (g) of the statutes is created to read:

AB50-ASA2-AA15,35,18 111.335 (3) (g) Notwithstanding s. 111.322, it is not employment discrimination because of conviction record for the law enforcement standards board to refuse to certify, recertify, or allow to participate in a preparatory training program or to decertify under s. 165.85 an individual who has a conviction the record of which has been expunged under s. 973.015.

AB50-ASA2-AA15,66 Section 66. 111.335 (4) (b) of the statutes is amended to read:

AB50-ASA2-AA15,36,2 111.335 (4) (b) It is employment discrimination because of conviction record for a licensing agency to refuse to license any individual under sub. (3) (a) (ar) 1. or to bar or terminate an individual from licensing under sub. (3) (a) (ar) 1. because the individual was adjudicated delinquent under ch. 938 for an offense other than an exempt offense.

AB50-ASA2-AA15,67 Section 67. 111.335 (4) (c) 1. (intro.) of the statutes is amended to read:

AB50-ASA2-AA15,36,7 111.335 (4) (c) 1. (intro.) If a licensing agency refuses to license an individual under sub. (3) (a) (ar) 1. or bars or terminates an individual from licensing under sub. (3) (a) (ar) 1., the licensing agency shall, subject to subd. 2., do all of the following:

AB50-ASA2-AA15,68 Section 68. 111.335 (4) (e) of the statutes is amended to read:

AB50-ASA2-AA15,36,13 111.335 (4) (e) A state licensing agency that may refuse to license individuals under sub. (3) (a) (ar) 1. or that may bar or terminate an individual from licensure under sub. (3) (a) (ar) 1. shall publish on the agency’s Internet site a document indicating the offenses or kinds of offenses that may result in such a refusal, bar, or termination.

AB50-ASA2-AA15,69 Section 69. 111.335 (4) (f) 1. of the statutes is amended to read:

AB50-ASA2-AA15,36,21 111.335 (4) (f) 1. A state licensing agency that may refuse to license individuals under sub. (3) (a) (ar) 1. or that may bar or terminate individuals from licensing under sub. (3) (a) (ar) 1. shall allow an individual who does not possess a license to, without submitting a full application and without paying the fees applicable to applicants, apply to the agency for a determination of whether the individual would be disqualified from obtaining the license due to his or her conviction record.

AB50-ASA2-AA15,70 Section 70. 950.04 (1v) (g) of the statutes is amended to read:

AB50-ASA2-AA15,37,3 950.04 (1v) (g) To have reasonable attempts made to notify the victim of hearings or court proceedings, as provided under ss. 302.113 (9g) (g) 2., 302.114 (6), 938.27 (4m) and (6), 938.273 (2), 971.095 (3) and, 972.14 (3) (b), and 973.015 (1m) (c).

AB50-ASA2-AA15,71 Section 71. 973.015 (1b) of the statutes is created to read:

AB50-ASA2-AA15,37,5 973.015 (1b) In this section, “record” means a criminal case file.

AB50-ASA2-AA15,72 Section 72. 973.015 (1m) (a) 1. of the statutes is renumbered 973.015 (1m) (a) 1. (intro.) and amended to read:

AB50-ASA2-AA15,37,15 973.015 (1m) (a) 1. (intro.) Subject to subd. 2. and except as provided in subd. 3., when a person is under the age of 25 at the time of the commission of an offense for which the person has been found guilty in a court for violation of a law for which the maximum period of imprisonment is 6 years or less, the, a court may order at the time of sentencing after a conviction that the record a criminal case be expunged upon successful completion of the sentence if the court determines the person will benefit and society will not be harmed by this disposition. by one of the following methods:

AB50-ASA2-AA15,37,18 (d) This subsection does not apply to information maintained by the department of transportation regarding a conviction that is required to be included in a record kept under s. 343.23 (2) (a).

AB50-ASA2-AA15,73 Section 73. 973.015 (1m) (a) 1. a. and b. of the statutes are created to read:

AB50-ASA2-AA15,38,2 973.015 (1m) (a) 1. a. Except as provided in subd. 3., the court may order at the time of sentencing that the record be expunged upon successful completion of the sentence if the court determines that the person has not previously had a record expunged under this section and that the person will benefit and society will not be harmed by this disposition.

AB50-ASA2-AA15,39,2 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 to 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.

AB50-ASA2-AA15,74 Section 74. 973.015 (1m) (a) 3. a. of the statutes is amended to read:

AB50-ASA2-AA15,39,7 973.015 (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.

AB50-ASA2-AA15,75 Section 75. 973.015 (1m) (a) 3. c., cg., cr. and d. and 4. of the statutes are created to read:

AB50-ASA2-AA15,39,11 973.015 (1m) (a) 3. c. A crime for which the maximum period of imprisonment is more than 6 years.

AB50-ASA2-AA15,39,13 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.

AB50-ASA2-AA15,39,15 cr. A violation of a temporary restraining order or injunction issued under s. 813.12 (3) or (4).

AB50-ASA2-AA15,39,16 d. A violation of chs. 341 to 348.

AB50-ASA2-AA15,39,18 4. The court may order at the time of sentencing that the record is ineligible for expungement.

AB50-ASA2-AA15,76 Section 76. 973.015 (1m) (b) of the statutes is amended to read:

AB50-ASA2-AA15,40,12 973.015 (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.

AB50-ASA2-AA15,77 Section 77. 973.015 (1m) (c) of the statutes is created to read:

AB50-ASA2-AA15,41,4 973.015 (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.

AB50-ASA2-AA15,78 Section 78. 973.015 (4) of the statutes is created to read:

AB50-ASA2-AA15,41,10 973.015 (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.

AB50-ASA2-AA15,79 Section 79. 973.25 (1) (a) of the statutes is amended to read:

AB50-ASA2-AA15,41,15 973.25 (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).

AB50-ASA2-AA15,9351 Section 9351. Initial applicability; Other.

AB50-ASA2-AA15,41,21 (1) 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.

AB50-ASA2-AA15,9451 Section 9451. Effective dates; Other.

AB50-ASA2-AA15,42,5 (1) 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 (1) of this act take effect on the first day of the 13th month beginning after publication.”.

AB50-ASA2-AA15,42,6 19. At the appropriate places, insert all of the following:

AB50-ASA2-AA15,42,7 “Section 80. 16.311 of the statutes is created to read: