AB66-ASA1,12,1714165.84 (7) (ab) 2. A felony violation of s. 940.02, 940.03, 940.06, 940.07, 15940.08, 940.09 (1c), 940.10, 940.19 (2), (4), (5), or (6), 940.195 (2), (4), (5), or (6), 16940.20, 940.201 (2) 940.202, 940.203 (2), 940.204, 940.205 (2), 940.207 (2), 940.208, 17940.23, 940.43 (3m), 941.30, or 948.03 (3) or (5) (a) 4. AB66-ASA1,2618Section 26. 165.95 (title) of the statutes is amended to read: AB66-ASA1,12,2019165.95 (title) Alternatives to prosecution and incarceration; grant 20program. AB66-ASA1,2721Section 27. 165.95 (1) (ac) of the statutes is created to read: AB66-ASA1,13,222165.95 (1) (ac) “Evidence-based practice” means a practice that has been
1developed using research to determine its efficacy for achieving positive measurable 2outcomes, including reducing recidivism and increasing public safety. AB66-ASA1,283Section 28. 165.95 (2) of the statutes is amended to read: AB66-ASA1,13,114165.95 (2) The department of justice shall make grants to counties and to 5tribes to enable them to establish and operate programs, including suspended and 6deferred prosecution programs and programs based on principles of restorative 7justice, that provide alternatives to prosecution and incarceration for criminal 8offenders who abuse alcohol or other drugs. The department of justice shall make 9the grants from the appropriations under s. 20.455 (2) (em), (jd), (kn), and (kv). The 10department of justice shall collaborate with the department of corrections and the 11department of health services in establishing this grant program. AB66-ASA1,2912Section 29. 165.95 (2r) of the statutes is amended to read: AB66-ASA1,13,1513165.95 (2r) Any county or tribe that receives a grant under this section on or 14after January 1, 2012, shall provide matching funds that are equal to 25 10 percent 15of the amount of the grant. AB66-ASA1,3016Section 30. 165.95 (3) (a) of the statutes is repealed. AB66-ASA1,3117Section 31. 165.95 (3) (ag) of the statutes is created to read: AB66-ASA1,13,2118165.95 (3) (ag) The program operates within the continuum from arrest to 19discharge from supervision and provides an alternative to prosecution, revocation, 20or incarceration through the use of pre-charge and post-charge diversion programs 21or treatment courts and community-based corrections. AB66-ASA1,3222Section 32. 165.95 (3) (b) of the statutes is amended to read: AB66-ASA1,14,523165.95 (3) (b) The program employs evidence-based practices and is designed
1to promote and facilitate the implementation of effective criminal justice policies 2and practices that maximize justice and public and victim safety, reduce prison and 3jail populations, reduce prosecution and incarceration costs, and reduce recidivism, 4and improve the welfare of participants’ families by meeting the comprehensive 5needs of participants. AB66-ASA1,336Section 33. 165.95 (3) (bd) of the statutes is created to read: AB66-ASA1,14,97165.95 (3) (bd) The program identifies each target population served by the 8program and identifies the evidence-based practices the program employs for each 9target population it serves. AB66-ASA1,3410Section 34. 165.95 (3) (cm) 2. of the statutes is created to read: AB66-ASA1,14,1611165.95 (3) (cm) 2. If the program is administered by a tribe, the criminal 12justice oversight committee shall consist of a representative of the judiciary, a 13representative of criminal prosecution and criminal defense, a social services 14provider, a behavioral health treatment provider, a law enforcement officer, a 15representative of the department of corrections, and other members that the 16oversight committee determines are appropriate to the program. AB66-ASA1,3517Section 35. 165.95 (3) (d) of the statutes is amended to read: AB66-ASA1,14,2118165.95 (3) (d) Services provided under the program are consistent with 19evidence-based practices in substance abuse and mental health treatment, as 20determined by the department of health services, and the program provides 21intensive case management. AB66-ASA1,3622Section 36. 165.95 (3) (e) of the statutes is amended to read: AB66-ASA1,15,2
1165.95 (3) (e) The program uses graduated sanctions and incentives to 2promote successful substance abuse treatment success. AB66-ASA1,373Section 37. 165.95 (3) (g) of the statutes is amended to read: AB66-ASA1,15,114165.95 (3) (g) The program is designed to integrate all mental health services 5provided to program participants by state and local government agencies, tribes, 6and other organizations. The program shall require regular communication and 7coordination among a participant’s substance abuse treatment providers, other 8service providers, the case manager, and any person designated under the program 9to monitor the person’s compliance with his or her obligations under the program, 10and any probation, extended supervision, and parole agent assigned to the 11participant. AB66-ASA1,3812Section 38. 165.95 (3) (h) of the statutes is amended to read: AB66-ASA1,15,1613165.95 (3) (h) The program provides substance abuse and mental health 14treatment services through providers that who use evidence-based practices in the 15delivery of services and, where applicable, who are certified by the department of 16health services or licensed to provide the services approved under the program. AB66-ASA1,3917Section 39. 165.95 (3) (i) of the statutes is renumbered 165.95 (3d) and 18amended to read: AB66-ASA1,15,2319165.95 (3d) The A program requires that receives a grant under this section 20may require participants to pay a reasonable amount for their treatment, based on 21their income and available assets, and pursues shall pursue and uses use all 22possible resources available through insurance and federal, state, and local aid 23programs, including cash, vouchers, and direct services. AB66-ASA1,40
1Section 40. 165.95 (3) (j) of the statutes is amended to read: AB66-ASA1,16,92165.95 (3) (j) The program is developed with input from, and implemented in 3collaboration with, one or more circuit court judges, the district attorney, the state 4public defender, local and, if applicable, tribal law enforcement officials, county 5agencies and, if applicable, tribal agencies responsible for providing social services, 6including services relating to alcohol and other drug addiction substance use 7disorder, child welfare, mental health, and the Wisconsin Works program, the 8departments of corrections, children and families, and health services, private 9social services agencies, and substance abuse use disorder treatment providers. AB66-ASA1,4110Section 41. 165.95 (3) (k) of the statutes is amended to read: AB66-ASA1,16,1311165.95 (3) (k) The county or tribe complies with other eligibility requirements 12established by the department of justice to promote the objectives listed in pars. (a) 13and (b) this subsection. AB66-ASA1,4214Section 42. 165.95 (5) (a) of the statutes is renumbered 165.95 (3) (cm) 15(intro.) and amended to read: AB66-ASA1,16,2016165.95 (3) (cm) (intro.) A county or tribe that receives a grant under this 17section shall create an The program identifies a criminal justice oversight 18committee to develop and implement the program design and advise the county or 19tribe in administering and evaluating its program. Each The membership of each 20criminal justice oversight committee shall be as follows: AB66-ASA1,17,9211. If the program is administered by a county, or by a county and a tribe 22pursuant to sub. (6), the criminal justice oversight committee shall consist of a 23circuit court judge, the district attorney or his or her designee, the state public
1defender or his or her designee, a local law enforcement official, a representative of 2the county, a representative of the tribe, if applicable, a representative of each other 3county agency and, if applicable, tribal agency responsible for providing social 4services, including services relating to child welfare, mental health, and the 5Wisconsin Works program, representatives of the department of corrections and 6department of health services, a representative from private social services 7agencies, a representative of substance abuse behavioral health treatment 8providers, and other members to be determined by the county or tribe the oversight 9committee determines are appropriate for the program. AB66-ASA1,4310Section 43. 165.95 (5) (b) of the statutes is renumbered 165.95 (5) (ag) and 11amended to read: AB66-ASA1,17,1612165.95 (5) (ag) A county or tribe that receives a grant under this section shall 13comply with state audits and shall submit an annual report to the department of 14justice and to the criminal justice oversight committee created under par. (a) 15identified in sub. (3) (cm) regarding the impact of the program on jail and prison 16populations and its progress in attaining the goals specified in sub. (3) (b) and (f). AB66-ASA1,4417Section 44. 165.95 (5m) of the statutes is repealed. AB66-ASA1,4518Section 45. 165.95 (6) of the statutes is amended to read: AB66-ASA1,18,219165.95 (6) A county or tribe may, with one or more other counties or tribes, 20jointly apply for and receive a grant under this section. Upon submitting a joint 21application, each county or tribe shall include with the application a written 22agreement specifying each tribe’s and each county department’s role in developing, 23administering, and evaluating the program. The criminal justice oversight
1committee established under sub. (5) (a) identified in sub. (3) (cm) shall consist of 2representatives from each county or tribe that participates in the program. AB66-ASA1,463Section 46. 165.95 (7) of the statutes is amended to read: AB66-ASA1,18,84165.95 (7) Grants provided under this section shall be provided on a calendar 5year basis beginning on January 1, 2007. If the department of justice decides to 6make a grant to a county or tribe under this section, the department of justice shall 7notify the county or tribe of its decision and the amount of the grant no later than 8September 1 of the year preceding the year for which the grant will be made. AB66-ASA1,479Section 47. 165.95 (7m) of the statutes is amended to read: AB66-ASA1,18,1410165.95 (7m) Beginning in fiscal year 2012-13 2025-26, the department of 11justice shall, every 5 4 years, make grants under this section available to any 12county or tribe on a competitive basis. A county or tribe may apply for a grant 13under this subsection regardless of whether the county or tribe has received a grant 14previously under this section. AB66-ASA1,4815Section 48. 175.33 of the statutes is created to read: AB66-ASA1,18,1616175.33 Transfer of firearms. (1) In this section: AB66-ASA1,18,1817(a) “Family member” means a spouse, parent, grandparent, sibling, child, or 18grandchild. The relationship may be by blood, marriage, or adoption. AB66-ASA1,18,1919(b) “Firearm” includes the frame or receiver of a firearm. AB66-ASA1,18,2020(c) “Firearms dealer” has the meaning given in s. 175.35 (1) (ar). AB66-ASA1,18,2121(d) “Transfer” has the meaning given in s. 175.35 (1) (br). AB66-ASA1,18,2322(2) No person may transfer ownership of a firearm, or be transferred 23ownership of a firearm, unless one of the following applies: AB66-ASA1,19,1
1(a) The transferor is a firearms dealer. AB66-ASA1,19,32(b) The transferor makes the transfer to or through a firearms dealer and 3obtains a receipt under s. 175.35 (2j) (b). AB66-ASA1,19,54(c) The transfer of ownership of the firearm is one of the transfers listed under 5s. 175.35 (2t). AB66-ASA1,19,96(d) The transferor is transferring ownership of the firearm to a family 7member by gift, bequest, or inheritance, the transferee is not prohibited from 8possessing a firearm under state or federal law, and the transferee is at least 18 9years of age. AB66-ASA1,19,1410(e) The transferor is transferring the firearm with the intent that the transfer 11is for the purpose of hunting or target shooting if the transfer is for no longer than 1214 days, the transferor did not receive in exchange for the transfer more than 13nominal consideration, the transferee is not prohibited from possessing a firearm 14under state or federal law, and the transfer is not otherwise prohibited by law. AB66-ASA1,19,1815(3) Any person who intentionally violates sub. (2) is guilty of a misdemeanor 16and shall be fined not less than $500 nor more than $10,000 and may be imprisoned 17for not more than 9 months. The person is also prohibited under s. 941.29 from 18possessing a firearm for a period of 2 years. AB66-ASA1,4919Section 49. 175.35 (title) of the statutes is amended to read: AB66-ASA1,19,2020175.35 (title) Purchase Transfer of handguns firearms. AB66-ASA1,5021Section 50. 175.35 (1) (at) of the statutes is amended to read: AB66-ASA1,20,1522175.35 (1) (at) “Firearms restrictions record search” means a search of 23department of justice records to determine whether a person seeking to purchase a
1handgun is prohibited from possessing a firearm under s. 941.29. “Firearms 2restrictions record search” includes a criminal history record search, a search to 3determine whether a person is prohibited from possessing a firearm under s. 51.20 4(13) (cv) 1., 2007 stats., a search in the national instant criminal background check 5system to determine whether a person has been ordered not to possess a firearm 6under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a), a search 7to determine whether the person is subject to an injunction under s. 813.12 or 8813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court 9established by any federally recognized Wisconsin Indian tribe or band, except the 10Menominee Indian tribe of Wisconsin, that includes notice to the respondent that 11he or she is subject to the requirements and penalties under s. 941.29 and that has 12been filed with the circuit court under s. 813.128 (3g), a search to determine 13whether the person is subject to a temporary restraining order or injunction under 14s. 813.124, and a search to determine whether the person is prohibited from 15possessing a firearm under s. 813.123 (5m) or 813.125 (4m). AB66-ASA1,5116Section 51. 175.35 (1) (at) of the statutes, as affected by 2025 Wisconsin Act 17.... (this act), is amended to read: AB66-ASA1,21,1118175.35 (1) (at) “Firearms restrictions record search” means a search of 19department of justice records to determine whether a person seeking to purchase be 20transferred a handgun firearm is prohibited from possessing a firearm under s. 21941.29. “Firearms restrictions record search” includes a criminal history record 22search, a search to determine whether a person is prohibited from possessing a 23firearm under s. 51.20 (13) (cv) 1., 2007 stats., a search in the national instant
1criminal background check system to determine whether a person has been ordered 2not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 355.12 (10) (a), a search to determine whether the person is subject to an injunction 4under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), 5issued by a court established by any federally recognized Wisconsin Indian tribe or 6band, except the Menominee Indian tribe of Wisconsin, that includes notice to the 7respondent that he or she is subject to the requirements and penalties under s. 8941.29 and that has been filed with the circuit court under s. 813.128 (3g), a search 9to determine whether the person is subject to a temporary restraining order or 10injunction under s. 813.124, and a search to determine whether the person is 11prohibited from possessing a firearm under s. 813.123 (5m) or 813.125 (4m). AB66-ASA1,5212Section 52. 175.35 (1) (b) of the statutes is repealed. AB66-ASA1,5313Section 53. 175.35 (1) (br) of the statutes is created to read: AB66-ASA1,21,1514175.35 (1) (br) “Transfer” includes to sell, assign, pledge, lease, loan, give 15away, or otherwise dispose of. AB66-ASA1,5416Section 54. 175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) (am) 17and amended to read: AB66-ASA1,21,2118175.35 (2) (am) When a firearms dealer sells transfers a handgun firearm, 19including the frame or receiver of a firearm, he or she may not transfer possession of 20that handgun firearm to any other person until all of the following have occurred: 21requirements under par. (cm) have been met. AB66-ASA1,5522Section 55. 175.35 (2) (a), (b), (c) and (d) of the statutes are renumbered 23175.35 (2) (cm) 1., 2., 3. and 4. AB66-ASA1,56
1Section 56. 175.35 (2) (bm) of the statutes is created to read: AB66-ASA1,22,42175.35 (2) (bm) When a person transfers a firearm, including the frame or 3receiver of a firearm, through a firearms dealer, the transfer of possession of that 4firearm may not be made until all of the requirements of par. (cm) have been met. AB66-ASA1,575Section 57. 175.35 (2) (cm) (intro.) of the statutes is created to read: AB66-ASA1,22,76175.35 (2) (cm) (intro.) All of the following must occur before a transfer of a 7firearm occurs under par. (am) or (bm): AB66-ASA1,588Section 58. 175.35 (2g) (a) of the statutes is amended to read: AB66-ASA1,22,119175.35 (2g) (a) The department of justice shall promulgate rules prescribing 10procedures for use under sub. (2) (cm) 1. for a transferee to provide and a firearms 11dealer to inspect identification containing a photograph of the transferee. AB66-ASA1,5912Section 59. 175.35 (2g) (b) 1. of the statutes is amended to read: AB66-ASA1,22,1913175.35 (2g) (b) 1. The department of justice shall promulgate rules 14prescribing a notification form for use under sub. (2) (cm) 2. and 3. requiring the 15transferee to provide his or her name, date of birth, gender, race and social security 16number and other identification necessary to permit an accurate firearms 17restrictions record search under par. (c) 3. and the required notification under par. 18(c) 4. The department of justice shall make the forms available at locations 19throughout the state. AB66-ASA1,6020Section 60. 175.35 (2g) (b) 2. of the statutes is amended to read: AB66-ASA1,23,321175.35 (2g) (b) 2. The department of justice shall ensure that each notification 22form under subd. 1. requires the transferee to indicate that he or she is not 23purchasing receiving a transfer of the firearm with the purpose or intent to transfer
1the firearm to a person who is prohibited from possessing a firearm under state or 2federal law and that each notification form informs the transferee that making a 3false statement with regard to this purpose or intent is a Class H felony. AB66-ASA1,614Section 61. 175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and 5amended to read: AB66-ASA1,23,86175.35 (2i) (a) The department shall charge a firearms dealer a $10 fee for 7each firearms restrictions record search that the firearms dealer requests under 8sub. (2) (c) (cm) 3. AB66-ASA1,23,109(b) 1. The firearms dealer may collect the fee under par. (a) from the 10transferee. AB66-ASA1,23,1311(c) The department may refuse to conduct firearms restrictions record 12searches for any firearms dealer who fails to pay any fee under this subsection par. 13(a) within 30 days after billing by the department. AB66-ASA1,6214Section 62. 175.35 (2i) (b) 2. of the statutes is created to read: AB66-ASA1,23,1715175.35 (2i) (b) 2. If the transfer is made under sub. (2) (bm), the firearms 16dealer may collect from the transferor the fee under par. (a) and any additional 17amount to cover any costs the firearms dealer incurs in processing the transfer. AB66-ASA1,6318Section 63. 175.35 (2j) of the statutes is renumbered 175.35 (2j) (a). AB66-ASA1,6419Section 64. 175.35 (2j) (b) of the statutes is created to read: AB66-ASA1,23,2320175.35 (2j) (b) If a person transfers a firearm through a firearms dealer under 21sub. (2) (bm), or transfers a firearm to a firearms dealer, the firearms dealer shall 22provide the person a written receipt documenting the dealer’s participation in the 23transfer. AB66-ASA1,65
1Section 65. 175.35 (2k) (ar) 2. of the statutes is amended to read:
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