This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
February 3, 2022 - Introduced by Representatives Stubbs, Andraca, Brostoff,
Conley, Considine, Hesselbein, Hong, Subeck, Sinicki, Ohnstad, Emerson,
Baldeh, Snodgrass, Spreitzer, Pope, Hebl and Shelton, cosponsored by
Senators Larson, Johnson, Roys, Agard and Smith. Referred to Committee
on Criminal Justice and Public Safety. Referred to Joint Review Committee
on Criminal Penalties.
AB958,1,3 1An Act to amend 175.60 (2g) (a), 175.60 (5) (a) 6., 938.34 (14q), 938.78 (3),
2939.632 (1) (e) 3. and 973.137 (1); and to create 941.236 of the statutes;
3relating to: going armed at a polling place and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law generally prohibits carrying a firearm on school grounds, in a
public building, and in a tavern. Current law provides exceptions, such as for law
enforcement officers and, in some public buildings and in taverns, for persons who
have a license to carry a concealed weapon. This bill prohibits carrying a firearm in
or within 40 feet of a polling place or a location where election officials are conducting
a canvass or a recount. The prohibition on the polling place begins one hour before
the polling place opens and ends one hour after the polling place closes. Law
enforcement officers and security personnel are exempted from the prohibitions
created under this bill.
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.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB958,1 4Section 1. 175.60 (2g) (a) of the statutes is amended to read:
AB958,2,3
1175.60 (2g) (a) A licensee or an out-of-state licensee may carry a concealed
2weapon anywhere in this state except as provided under subs. (15m) and (16) and ss.
3941.236, 943.13 (1m) (c), and 948.605 (2) (b) 1r.
AB958,2 4Section 2. 175.60 (5) (a) 6. of the statutes is amended to read:
AB958,2,105 175.60 (5) (a) 6. A statement of the places under sub. (16) and s. 941.236 where
6a licensee is prohibited from carrying a weapon, as well as an explanation of the
7provisions under sub. (15m) and ss. 943.13 (1m) (c) and 948.605 (2) (b) 1r. that could
8limit the places where the licensee may carry a weapon, with a place for the applicant
9to sign his or her name to indicate that he or she has read and understands the
10statement.
AB958,3 11Section 3. 938.34 (14q) of the statutes is amended to read:
AB958,2,2212 938.34 (14q) Certain bomb scares and firearm violations. In addition to any
13other disposition imposed under this section, if the juvenile is found to have violated
14s. 947.015 and the property involved is owned or leased by the state or any political
15subdivision of the state, or if the property involved is a school premises, as defined
16in s. 948.61 (1) (c), or if the juvenile is found to have violated s. 941.235, 941.236, or
17948.605, immediately suspend the juvenile's operating privilege, as defined in s.
18340.01 (40), for 2 years. The court shall immediately forward to the department of
19transportation the notice of suspension, stating that the suspension is for a violation
20of s. 947.015 involving school premises, or for a violation of s. 941.235, 941.236, or
21948.605. If otherwise eligible, the juvenile is eligible for an occupational license
22under s. 343.10.
AB958,4 23Section 4. 938.78 (3) of the statutes is amended to read:
AB958,3,2024 938.78 (3) Release of information when escape or absence; rules. If a juvenile
25adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need

1of protection or services under s. 48.13 (12) or (14), 1993 stats., or s. 938.13 (12) or
2(14) on the basis of a violation of s. 943.23 (1m) or (1r), 1999 stats., or s. 941.10, 941.11,
3941.20, 941.21, 941.23, 941.231, 941.235, 941.236, 941.237, 941.26, 941.28, 941.295,
4941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a),
5943.23 (1g), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.085 (2), 948.60,
6948.605, or 948.61 or any crime specified in ch. 940 has escaped from a juvenile
7correctional facility, residential care center for children and youth, secured
8residential care center for children and youth, inpatient facility, as defined in s. 51.01
9(10), juvenile detention facility, or juvenile portion of a county jail, or from the
10custody of a peace officer or a guard of such a facility, center, or jail, or has been
11allowed to leave a juvenile correctional facility, residential care center for children
12and youth, secured residential care center for children and youth, inpatient facility,
13juvenile detention facility, or juvenile portion of a county jail for a specified time
14period and is absent from the facility, center, home, or jail for more than 12 hours
15after the expiration of the specified period, the department of corrections or county
16department, whichever has supervision over the juvenile, may release the juvenile's
17name and any information about the juvenile that is necessary for the protection of
18the public or to secure the juvenile's return to the facility, center, home, or jail. The
19department of corrections shall promulgate rules establishing guidelines for the
20release of the juvenile's name or information about the juvenile to the public.
AB958,5 21Section 5. 939.632 (1) (e) 3. of the statutes is amended to read:
AB958,3,2322 939.632 (1) (e) 3. Any misdemeanor under s. 940.19 (1), 940.225 (3m), 940.32
23(2), 940.42, 940.44, 941.20 (1), 941.23, 941.231, 941.235, 941.236, or 941.38 (3).
AB958,6 24Section 6. 941.236 of the statutes is created to read:
AB958,4,3
1941.236 Carrying firearm at a polling place. (1) A person who
2intentionally goes armed with a firearm in, or within 40 feet of, any of the following
3places is guilty of a Class A misdemeanor:
AB958,4,64 (a) A part of a building that is being used as a polling place, as defined in s. 5.02
5(15). The prohibition under this paragraph begins one hour before the polling place
6opens and ends one hour after the polling place closes.
AB958,4,87 (b) A location where election officials, as defined in s. 5.02 (4e), are conducting
8a canvass under subch. II of ch. 7 or a recount under s. 9.01.
AB958,4,9 9(2) Subsection (1) does not apply to any of the following:
AB958,4,1110 (a) A person who is employed in this state by a public agency as a law
11enforcement officer and to whom s. 941.23 (1) (g) 2. to 5. and (2) (b) 1. to 3. applies.
AB958,4,1312 (b) A qualified out-of-state law enforcement officer to whom s. 941.23 (2) (b)
131. to 3. applies.
AB958,4,1414 (c) A former officer to whom s. 941.23 (2) (c) 1. to 7. applies.
AB958,4,1615 (d) A person who owns or occupies private property that is within the prohibited
16distance while the person is on the property.
AB958,4,1917 (e) A private security person, as defined in s. 440.26 (1m), who is employed on
18property that is within the prohibited distance and who is going armed in the line
19of duty.
AB958,7 20Section 7. 973.137 (1) of the statutes is amended to read:
AB958,4,2121 973.137 (1) A violation of s. 941.235 or 941.236.
AB958,4,2222 (End)
Loading...
Loading...