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CMH:ahe&wlj
2019 - 2020 LEGISLATURE
October 18, 2019 - Introduced by Senators Kooyenga, Feyen, Wanggaard,
Carpenter, Jacque, Cowles and Schachtner, cosponsored by
Representatives Mursau, Subeck, Hebl, Dittrich, Allen, Kulp, Petersen
and Wittke. Referred to Committee on Judiciary and Public Safety.
SB517,1,6 1An Act to renumber 941.29 (1g) (a) and 971.17 (1g); to amend 165.845 (2) and
2973.176 (1); and to create 165.63 (2) (c), 165.845 (1m), 175.35 (2g) (d) 3., 941.29
3(1g) (ad), 941.29 (1g) (ah), 941.29 (1m) (ag), 941.29 (1m) (cm), 941.29 (1m) (h),
4971.17 (1g) (b) and 973.136 of the statutes; relating to: the possession of a
5firearm by a person who has committed a misdemeanor crime of domestic
6violence or by a fugitive from justice and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from possessing a firearm if he or she has been
convicted of a felony, found not guilty of a felony by reason of mental disease or defect,
or adjudicated delinquent for an act that if committed by an adult in this state would
be a felony. Federal law prohibits a person who is convicted of a misdemeanor crime
of domestic violence from possessing a firearm. Under this bill, following a
conviction, or a finding of not guilty by reason of mental disease or defect, for a
misdemeanor crime of domestic violence, state law also prohibits the person from
possessing a firearm. This bill also adds that a person who is a fugitive from justice
is prohibited from possessing a firearm. This bill defines “fugitive from justice” as
someone who, after having committed a criminal offense, leaves the jurisdiction of
the court where such crime has taken place or hides within such jurisdiction to
escape prosecution. A person who violates either prohibition is guilty of a Class G
felony and is subject to a fine of up to $25,000 or a term of imprisonment of up to ten
years, or both.

This bill also requires that the Department of Justice collect information
identifying persons who are fugitives from justice. DOJ must then convey that
information to the national instant criminal background check system for the
purpose of handgun and concealed carry licenses background checks and respond to
inquiries from law enforcement and courts regarding whether a person is prohibited
from possessing a firearm.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB517,1 1Section 1 . 165.63 (2) (c) of the statutes is created to read:
SB517,2,32 165.63 (2) (c) Individuals who may not possess a firearm under s. 941.29 (1m)
3(h).
SB517,2 4Section 2 . 165.845 (1m) of the statutes is created to read:
SB517,2,55 165.845 (1m) The department of justice shall:
SB517,2,96 (a) Collect information identifying individuals who are fugitives from justice,
7as defined in s. 941.29 (1g) (ad), to permit an accurate firearms restrictions record
8search under s. 175.35 (2g) (c), a background check under s. 175.60 (9g) (a), or an
9accurate response under s. 165.63.
SB517,2,1310 (b) Furnish all persons who can provide information under par. (a) with forms
11or instructions that specify the nature of the information required under par. (a), the
12time it is to be provided, and any other matters that facilitate collection and
13identification.
SB517,3 14Section 3 . 165.845 (2) of the statutes is amended to read:
SB517,3,515 165.845 (2) All persons in charge of law enforcement agencies and other
16criminal and juvenile justice system agencies shall supply the department of justice

1with the information described in sub. subs. (1) (a) and (1m) (a) on the basis of the
2forms or instructions or both to be supplied by the department under sub. (1) (a). The
3department may conduct an audit to determine the accuracy of the data and other
4information it receives from law enforcement agencies and other criminal and
5juvenile justice system agencies.
SB517,4 6Section 4 . 175.35 (2g) (d) 3. of the statutes is created to read:
SB517,3,107 175.35 (2g) (d) 3. The department of justice shall promulgate rules to convey
8information in a timely manner to the national instant criminal background check
9system regarding individuals who may not possess a firearm under s. 941.29 (1m)
10(h).
SB517,5 11Section 5. 941.29 (1g) (a) of the statutes is renumbered 941.29 (1g) (at).
SB517,6 12Section 6 . 941.29 (1g) (ad) of the statutes is created to read:
SB517,3,1513 941.29 (1g) (ad) “Fugitive from justice” means an individual who, after having
14committed a criminal offense, leaves the jurisdiction of the court where such crime
15has taken place or hides within such jurisdiction to escape prosecution.
SB517,7 16Section 7. 941.29 (1g) (ah) of the statutes is created to read:
SB517,3,1817 941.29 (1g) (ah) “Misdemeanor crime of domestic violence" has the meaning
18given in s. 973.136 (1) (c).
SB517,8 19Section 8. 941.29 (1m) (ag) of the statutes is created to read:
SB517,3,2120 941.29 (1m) (ag) The person has been convicted on or after the effective date
21of this paragraph .... [LRB inserts date], of a misdemeanor crime of domestic violence.
SB517,9 22Section 9 . 941.29 (1m) (cm) of the statutes is created to read:
SB517,3,2523 941.29 (1m) (cm) The person has been found not guilty by reason of mental
24disease or defect on or after the effective date of this paragraph .... [LRB inserts date],
25of a misdemeanor crime of domestic violence.
SB517,10
1Section 10. 941.29 (1m) (h) of the statutes is created to read:
SB517,4,22 941.29 (1m) (h) The person is a fugitive from justice.
SB517,11 3Section 11 . 971.17 (1g) of the statutes is renumbered 971.17 (1g) (a).
SB517,12 4Section 12 . 971.17 (1g) (b) of the statutes is created to read:
SB517,4,65 971.17 (1g) (b) 1. In this paragraph, “misdemeanor crime of domestic violence"
6has the meaning given in s. 973.136 (1) (c).
SB517,4,117 2. If the defendant under sub. (1) is found not guilty by reason of mental disease
8or defect of a misdemeanor crime of domestic violence, the court shall enter a finding
9to that effect in the record for purposes of determining whether the person is
10prohibited from possessing a firearm under s. 941.29 and shall inform the defendant
11of the requirements and penalties under s. 941.29.
SB517,13 12Section 13. 973.136 of the statutes is created to read:
SB517,4,13 13973.136 Prohibition for certain misdemeanor crimes. (1) In this section:
SB517,4,1914 (a) “Dating relationship" means a romantic or intimate social relationship
15between 2 individuals but “dating relationship” does not include a casual
16relationship or an ordinary fraternization between 2 individuals in a business or
17social context. A court shall determine if a dating relationship existed by considering
18the length of the relationship, the type of the relationship, and the frequency of the
19interaction between the individuals involved in the relationship.
SB517,4,2020 (b) “Family member" has the meaning given in s. 813.12 (1) (b).
SB517,4,2121 (c) “Misdemeanor crime of domestic violence" means any of the following:
SB517,5,222 1. A violation or attempted violation of s. 940.19 (1), 940.195 (1), 940.225 (3m),
23or 941.20 (1) when committed by an adult family member against another family
24member, by an adult against his or her former spouse, by an adult against an

1individual with whom the adult has or had a dating relationship, or by an adult
2against an individual with whom the adult has a child in common.
SB517,5,73 2. A violation of s. 947.01 in which the adult actor engaged in violent or abusive
4conduct to harm, intimidate, or threaten an individual who is the adult actor's family
5member, the adult actor's former spouse, an individual with whom the adult actor
6has or had a dating relationship, or an individual with whom the adult actor has a
7child in common.
SB517,5,138 3. A misdemeanor, except a misdemeanor listed in subd. 1. or 2., if committed
9by an adult family member against another family member, by an adult against his
10or her former spouse, by an adult against an individual with whom the adult has or
11had a dating relationship, or by an adult against an individual with whom the adult
12has a child in common and if the court has increased the maximum term of
13imprisonment under s. 939.63 (1) (a).
SB517,5,16 14(2) If an individual is convicted of a misdemeanor crime of domestic violence,
15the court shall enter a finding to that effect in the record for purposes of determining
16whether the individual is prohibited from possessing a firearm under s. 941.29.
SB517,14 17Section 14. 973.176 (1) of the statutes is amended to read:
SB517,5,2218 973.176 (1) Firearm possession. Whenever a court imposes a sentence or
19places a defendant on probation regarding a felony conviction for a felony or for a
20misdemeanor crime of domestic violence, as defined in s. 973.136 (1) (c)
, the court
21shall inform the defendant of the requirements and penalties applicable to him or her
22under s. 941.29 (1m) or (4m).
SB517,15 23Section 15. Initial applicability.
SB517,5,2524 (1) The treatment of s. 971.17 (1g) (b) first applies to a finding of not guilty by
25reason of mental disease or defect that occurs on the effective date of this subsection.
SB517,6,2
1(2) The treatment of s. 973.136 first applies to a conviction that occurs on the
2effective date of this subsection.
SB517,6,33 (End)
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