SB904: Bill Text

LRB-5578/1

CMH:amn

2021 - 2022 LEGISLATURE

2021 Senate BILL 904

February 1, 2022 - Introduced by Senators Larson, Johnson, Roys, Agard and Smith, cosponsored by Representatives Stubbs, Andraca, Brostoff, Conley, Considine, Hesselbein, Hong, Subeck, Sinicki, Ohnstad, Baldeh, Snodgrass, Spreitzer, Pope, Hebl, Shelton and Emerson. Referred to Committee on Judiciary and Public Safety.

SB904,1,3 An Act to amend 175.60 (2g) (a), 175.60 (5) (a) 6., 938.34 (14q), 938.78 (3), 939.632 (1) (e) 3. and 973.137 (1); and to create 941.236 of the statutes; relating 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:

SB904,1 Section 1. 175.60 (2g) (a) of the statutes is amended to read:

SB904,2,3 175.60 (2g) (a) A licensee or an out-of-state licensee may carry a concealed weapon anywhere in this state except as provided under subs. (15m) and (16) and ss. 941.236, 943.13 (1m) (c), and 948.605 (2) (b) 1r.

SB904,2 Section 2. 175.60 (5) (a) 6. of the statutes is amended to read:

SB904,2,10 175.60 (5) (a) 6. A statement of the places under sub. (16) and s. 941.236 where a licensee is prohibited from carrying a weapon, as well as an explanation of the provisions under sub. (15m) and ss. 943.13 (1m) (c) and 948.605 (2) (b) 1r. that could limit the places where the licensee may carry a weapon, with a place for the applicant to sign his or her name to indicate that he or she has read and understands the statement.

SB904,3 Section 3. 938.34 (14q) of the statutes is amended to read:

SB904,2,22 938.34 (14q) Certain bomb scares and firearm violations. In addition to any other disposition imposed under this section, if the juvenile is found to have violated s. 947.015 and the property involved is owned or leased by the state or any political subdivision of the state, or if the property involved is a school premises, as defined in s. 948.61 (1) (c), or if the juvenile is found to have violated s. 941.235, 941.236, or 948.605, immediately suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for 2 years. The court shall immediately forward to the department of transportation the notice of suspension, stating that the suspension is for a violation of s. 947.015 involving school premises, or for a violation of s. 941.235, 941.236, or 948.605. If otherwise eligible, the juvenile is eligible for an occupational license under s. 343.10.

SB904,4 Section 4. 938.78 (3) of the statutes is amended to read:

SB904,3,20 938.78 (3) Release of information when escape or absence; rules. If a juvenile adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need of protection or services under s. 48.13 (12) or (14), 1993 stats., or s. 938.13 (12) or (14) on the basis of a violation of s. 943.23 (1m) or (1r), 1999 stats., or s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.231, 941.235, 941.236, 941.237, 941.26, 941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02, 943.03, 943.04, 943.10 (2) (a), 943.23 (1g), 943.32 (2), 948.02, 948.025, 948.03, 948.05, 948.055, 948.085 (2), 948.60, 948.605, or 948.61 or any crime specified in ch. 940 has escaped from a juvenile correctional facility, residential care center for children and youth, secured residential care center for children and youth, inpatient facility, as defined in s. 51.01 (10), juvenile detention facility, or juvenile portion of a county jail, or from the custody of a peace officer or a guard of such a facility, center, or jail, or has been allowed to leave a juvenile correctional facility, residential care center for children and youth, secured residential care center for children and youth, inpatient facility, juvenile detention facility, or juvenile portion of a county jail for a specified time period and is absent from the facility, center, home, or jail for more than 12 hours after the expiration of the specified period, the department of corrections or county department, whichever has supervision over the juvenile, may release the juvenile's name and any information about the juvenile that is necessary for the protection of the public or to secure the juvenile's return to the facility, center, home, or jail. The department of corrections shall promulgate rules establishing guidelines for the release of the juvenile's name or information about the juvenile to the public.

SB904,5 Section 5. 939.632 (1) (e) 3. of the statutes is amended to read:

SB904,3,23 939.632 (1) (e) 3. Any misdemeanor under s. 940.19 (1), 940.225 (3m), 940.32 (2), 940.42, 940.44, 941.20 (1), 941.23, 941.231, 941.235, 941.236, or 941.38 (3).

SB904,6 Section 6. 941.236 of the statutes is created to read:

SB904,4,3 941.236 Carrying firearm at a polling place. (1) A person who intentionally goes armed with a firearm in, or within 40 feet of, any of the following places is guilty of a Class A misdemeanor:

SB904,4,6 (a) A part of a building that is being used as a polling place, as defined in s. 5.02 (15). The prohibition under this paragraph begins one hour before the polling place opens and ends one hour after the polling place closes.

SB904,4,8 (b) A location where election officials, as defined in s. 5.02 (4e), are conducting a canvass under subch. II of ch. 7 or a recount under s. 9.01.

SB904,4,9 (2) Subsection (1) does not apply to any of the following:

SB904,4,11 (a) A person who is employed in this state by a public agency as a law enforcement officer and to whom s. 941.23 (1) (g) 2. to 5. and (2) (b) 1. to 3. applies.

SB904,4,13 (b) A qualified out-of-state law enforcement officer to whom s. 941.23 (2) (b) 1. to 3. applies.

SB904,4,14 (c) A former officer to whom s. 941.23 (2) (c) 1. to 7. applies.

SB904,4,16 (d) A person who owns or occupies private property that is within the prohibited distance while the person is on the property.

SB904,4,19 (e) A private security person, as defined in s. 440.26 (1m), who is employed on property that is within the prohibited distance and who is going armed in the line of duty.

SB904,7 Section 7. 973.137 (1) of the statutes is amended to read:

SB904,4,21 973.137 (1) A violation of s. 941.235 or 941.236.

SB904,4,22 (End)