This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
LRB-5694/1
CMH:cdc
2021 - 2022 LEGISLATURE
February 16, 2022 - Introduced by Representatives S. Rodriguez, Andraca, Goyke,
Billings, Brostoff, Conley, Considine, Drake, Emerson, Hebl, Hesselbein,
Hong, B. Meyers, Ohnstad, Pope, Shelton, Sinicki, Spreitzer, Stubbs,
Subeck, Vining and Cabrera, cosponsored by Senators Agard, Roys,
Carpenter, Johnson, Larson and Ringhand. Referred to Committee on
Judiciary.
AB1014,1,2 1An Act to create 969.15 of the statutes; relating to: court orders that prohibit
2a person from possessing a firearm under federal law.
Analysis by the Legislative Reference Bureau
Domestic violence protection orders
Under federal law, a person is prohibited from possessing a firearm if the person
is subject to a court order that restrains the person from harassing, stalking, or
threatening an intimate partner or the partner's child and that contains a finding
that the person represents a credible threat to the safety of the partner or child or
an explicit term that prohibits the person from using, attempting to use, or
threatening to use physical force against the partner or child.
Under this bill, if a person is released on bail or bond and the court issues such
an order, the clerk of court must send a copy of the order to the appropriate sheriff
within one business day of the person's release. The sheriff must then enter the court
order into the information system so that law enforcement has access to the order
similar to how law enforcement has access to other orders for domestic violence,
harassment, or child abuse that prohibit a person from possessing a firearm.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1014,1 3Section 1. 969.15 of the statutes is created to read:
AB1014,2,4
1969.15 Enforcement assistance for court orders that render persons
2ineligible to possess a firearm under federal law.
If a person who is released
3on bail or bond under this chapter is subject to a court order described in 18 USC 922
4(g) (8), all of the following shall occur:
AB1014,2,6 5(1) Within one business day of the person's release, the clerk shall send a copy
6of the court order to the sheriff with jurisdiction over the person's residence.
AB1014,2,13 7(2) No later than 24 hours after receiving the copy of the court order under sub.
8(1), the sheriff shall enter the court order, including modifying or cancelling a
9previous court order per the current court order, into the transaction information for
10management of enforcement system. The sheriff shall ensure that the information
11on the existence and status of any court order under this section is available to other
12law enforcement agencies through a verification system. The information does not
13need to be maintained after the order is no longer in effect.
AB1014,2,17 14(3) A law enforcement agency or a clerk may use electronic transmission to
15facilitate the exchange of information under this section. Any person who uses
16electronic transmission shall ensure that the electronic transmission does not allow
17unauthorized disclosure of the information transmitted.
AB1014,2 18Section 2. Initial applicability.
AB1014,2,2019 (1) Domestic violence protection orders. The treatment of s. 969.15 first
20applies to releases that occur on the effective date of this subsection.
AB1014,2,2121 (End)
Loading...
Loading...