Amendment SA8-SSA2-SB45

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.

SB45-SSA2-SA8,28,5 (c) The degree to which the services of a crime victim services organization are coordinated with other resources in the community and state.

SB45-SSA2-SA8,28,8 (d) The degree to which the services of a crime victim services organization are provided either directly or through a contract, subcontract, service agreement, or collaborative agreement with other organizations, entities, or individuals.

SB45-SSA2-SA8,81 Section 81. 20.455 (5) (gL) of the statutes is created to read:

SB45-SSA2-SA8,28,12 20.455 (5) (gL) Grants for crime victim services. All moneys received from the crime victim services surcharge imposed under s. 973.0452 for the purpose of awarding grants under s. 165.935.

SB45-SSA2-SA8,82 Section 82. 20.455 (5) (km) of the statutes is created to read:

SB45-SSA2-SA8,28,16 20.455 (5) (km) Grants for crime victim services supplement — state funds. All moneys transferred from the appropriation account under s. 20.505 (1) (e) for the purposes of awarding grants under s. 165.935.

SB45-SSA2-SA8,83 Section 83. 20.505 (1) (e) of the statutes is created to read:

SB45-SSA2-SA8,28,21 20.505 (1) (e) Supplement to crime victim services grant program. A sum sufficient not to exceed in each fiscal year the amount determined under s. 16.311 (1) to supplement the crime victim services grant program under s. 165.935 as provided in s. 16.311.

SB45-SSA2-SA8,84 Section 84. 165.935 of the statutes is created to read:

SB45-SSA2-SA8,29,2 165.935 Crime victim services grants. (1) The department of justice shall award grants to eligible organizations from the appropriations under s. 20.455 (5) (gL) and (km) to provide services for crime victims. The department of justice shall award grants under this section in a manner consistent with 34 USC 20103.

SB45-SSA2-SA8,29,5 (2) An organization is eligible for a grant under this section if the department of justice determines that the organization meets the criteria under 34 USC 20103 (b).

SB45-SSA2-SA8,29,7 (3) The grant awards under this section may supplement federal funds under 34 USC 20103 but may not replace the funds.

SB45-SSA2-SA8,85 Section 85. 814.75 (5g) of the statutes is created to read:

SB45-SSA2-SA8,29,9 814.75 (5g) The crime victim services surcharge under s. 973.0452.

SB45-SSA2-SA8,86 Section 86. 814.76 (4p) of the statutes is created to read:

SB45-SSA2-SA8,29,11 814.76 (4p) The crime victim services surcharge under s. 973.0452.

SB45-SSA2-SA8,87 Section 87. 814.77 (3p) of the statutes is created to read:

SB45-SSA2-SA8,29,13 814.77 (3p) The crime victim services surcharge under s. 973.0452.

SB45-SSA2-SA8,88 Section 88. 814.78 (4p) of the statutes is created to read:

SB45-SSA2-SA8,29,15 814.78 (4p) The crime victim services surcharge under s. 973.0452.

SB45-SSA2-SA8,89 Section 89. 814.79 (3p) of the statutes is created to read:

SB45-SSA2-SA8,29,17 814.79 (3p) The crime victim services surcharge under s. 973.0452.

SB45-SSA2-SA8,90 Section 90. 814.80 (4p) of the statutes is created to read:

SB45-SSA2-SA8,29,19 814.80 (4p) The crime victim services surcharge under s. 973.0452.

SB45-SSA2-SA8,91 Section 91. 814.81 (4) of the statutes is created to read:

SB45-SSA2-SA8,29,21 814.81 (4) The crime victim services surcharge under s. 973.0452.

SB45-SSA2-SA8,92 Section 92. 973.0452 of the statutes is created to read:

SB45-SSA2-SA8,30,4 973.0452 Crime victim services surcharge. (1) If a court imposes a sentence, places a person on probation, or imposes a forfeiture for a violation of a law or an ordinance, the court shall impose a crime victim services surcharge. A surcharge imposed under this subsection may not be waived, reduced, or forgiven for any reason. The amount of the surcharge is the combined amount of the following:

SB45-SSA2-SA8,30,6 (a) Forty percent of the fine or forfeiture imposed or $40, whichever is greater, for each offense.

SB45-SSA2-SA8,30,7 (b) For each misdemeanor or felony count for which a conviction occurred, $50.

SB45-SSA2-SA8,30,9 (2) (a) In this subsection, “civil offense” means an offense punishable by a forfeiture.

SB45-SSA2-SA8,30,13 (b) If the court finds a person committed a civil offense on or after the effective date of this paragraph .... [LRB inserts date], in addition to any forfeiture the court imposes, the court shall impose a crime victim services surcharge that is equal to the amounts under sub. (1) (a) and (b) if all of the following apply:

SB45-SSA2-SA8,30,15 1. The person is charged with one or more misdemeanors or felonies in a complaint.

SB45-SSA2-SA8,30,17 2. As a result of the complaint being amended, the person is charged with a civil offense in lieu of one of those misdemeanors or felonies.

SB45-SSA2-SA8,30,20 (3) Notwithstanding sub. (1), the court may not impose the surcharge under sub. (1) for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations.

SB45-SSA2-SA8,31,2 (4) (a) If a court of record imposes the surcharge under sub. (1), the clerk of the court shall determine the amount that is due and collect and transmit the amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall make payment to the secretary of administration as provided in s. 59.25 (3) (f) 2.

SB45-SSA2-SA8,31,6 (b) If a municipal court imposes the surcharge under sub. (1), the court shall determine the amount due and collect and transmit the amount to the treasurer of the county, city, town, or village, and the treasurer shall make payment to the secretary of administration as provided in s. 66.0114 (1) (bm).