AB50: Bill Text

AB50,2246 Section 2246. 165.95 (2r) of the statutes is repealed.

AB50,2247 Section 2247. 165.95 (3) (intro.) of the statutes is amended to read:

AB50,1163,5 165.95 (3) (intro.) A county or tribe shall be eligible for a grant under sub. (2) program under this section, including a suspended and deferred prosecution program and a program based on principles of restorative justice, shall be considered an alternatives to prosecution and incarceration program if all of the following apply:

AB50,2248 Section 2248. 165.95 (3) (a) of the statutes is repealed.

AB50,2249 Section 2249. 165.95 (3) (ag) of the statutes is created to read:

AB50,1163,11 165.95 (3) (ag) The program operates within the continuum from arrest to discharge from supervision and provides an alternative to prosecution, revocation, or incarceration through the use of pre-charge and post-charge diversion programs or treatment courts and community-based corrections.

AB50,2250 Section 2250. 165.95 (3) (b) of the statutes is amended to read:

AB50,1163,18 165.95 (3) (b) The program employs evidence-based practices and is designed to promote and facilitate the implementation of effective criminal justice policies and practices that maximize justice and public and victim safety, reduce prison and jail populations, reduce prosecution and incarceration costs, and reduce recidivism, and improve the welfare of participants’ families by meeting the comprehensive needs of participants.

AB50,2251 Section 2251. 165.95 (3) (bd) of the statutes is created to read:

AB50,1163,22 165.95 (3) (bd) The program identifies each target population served by the program and identifies the evidence-based practices the program employs for each target population it serves.

AB50,2252 Section 2252. 165.95 (3) (cm) 2. of the statutes is created to read:

AB50,1164,5 165.95 (3) (cm) 2. If the program is administered by a tribe, the criminal justice oversight committee shall consist of a representative of the judiciary, a representative of criminal prosecution and criminal defense, a social services provider, a behavioral health treatment provider, a law enforcement officer, a representative of corrections, and other members that the oversight committee determines are appropriate to the program.

AB50,2253 Section 2253. 165.95 (3) (d) of the statutes is amended to read:

AB50,1164,10 165.95 (3) (d) Services provided under the program are consistent with evidence-based practices in substance abuse and mental health treatment, as determined by the department of health services, and the program provides intensive case management.

AB50,2254 Section 2254. 165.95 (3) (e) of the statutes is amended to read:

AB50,1164,13 165.95 (3) (e) The program uses graduated sanctions and incentives to promote successful substance abuse treatment success.

AB50,2255 Section 2255. 165.95 (3) (g) of the statutes is amended to read:

AB50,1164,22 165.95 (3) (g) The program is designed to integrate all mental health services provided to program participants by state and local government agencies, tribes, and other organizations. The program shall require regular communication and coordination among a participant’s substance abuse treatment providers, other service providers, the case manager, and any person designated under the program to monitor the person’s compliance with his or her obligations under the program, and any probation, extended supervision, and parole agent assigned to the participant.

AB50,2256 Section 2256. 165.95 (3) (h) of the statutes is amended to read:

AB50,1165,4 165.95 (3) (h) The program provides substance abuse and mental health treatment services through providers that who use evidence-based practices in the delivery of services and, where applicable, who are certified by the department of health services or licensed to provide the services approved under the program.

AB50,2257 Section 2257. 165.95 (3) (i) of the statutes is renumbered 165.95 (3d) and amended to read:

AB50,1165,11 165.95 (3d) The An alternatives to prosecution and incarceration program requires under this section may require participants to pay a reasonable amount for their treatment, based on their income and available assets, and pursues to pursue and uses use all possible resources available through insurance and federal, state, and local aid programs, including cash, vouchers, and direct services.

AB50,2258 Section 2258. 165.95 (3) (j) of the statutes is amended to read:

AB50,1165,20 165.95 (3) (j) The program is developed with input from, and implemented in collaboration with, one or more circuit court judges, the district attorney, the state public defender, local and, if applicable, tribal law enforcement officials, county agencies and, if applicable, tribal agencies responsible for providing social services, including services relating to alcohol and other drug addiction substance use disorder, child welfare, mental health, and the Wisconsin Works program, the departments of corrections, children and families, and health services, private social services agencies, and substance abuse use disorder treatment providers.

AB50,2259 Section 2259. 165.95 (3) (k) of the statutes is repealed.

AB50,2260 Section 2260. 165.95 (5) (a) of the statutes is renumbered 165.95 (3) (cm) (intro.) and amended to read:

AB50,1166,5 165.95 (3) (cm) (intro.) A county or tribe that receives a grant under this section shall create an The program identifies a criminal justice oversight committee to develop and implement the program design and advise the county or tribe in administering and evaluating its program. Each The membership of each criminal justice oversight committee shall be as follows:

AB50,1166,16 1. If the program is administered by a county, the criminal justice oversight committee shall consist of a circuit court judge, the district attorney or his or her designee, the state public defender or his or her designee, a local law enforcement official, a representative of the county, a representative of the tribe, if applicable, a representative of each other county agency and, if applicable, tribal agency responsible for providing social services, including services relating to child welfare, mental health, and the Wisconsin Works program, representatives of the department of corrections and department of health services, a representative from private social services agencies, a representative of substance abuse behavioral health treatment providers, and other members to be determined by the county or tribe the oversight committee determines are appropriate for the program.

AB50,2261 Section 2261. 165.95 (5) (b) of the statutes is renumbered 165.95 (5) (ag) and amended to read:

AB50,1167,2 165.95 (5) (ag) A county, or a tribe that receives a grant under this section s. 16.075, shall comply with state audits and shall submit an annual report to the department of justice and to the criminal justice oversight committee created under par. (a) identified in sub. (3) (cm) regarding the impact of the program on jail and prison populations and its progress in attaining the goals specified in sub. (3) (b) and (f).

AB50,2262 Section 2262. 165.95 (5) (bg) of the statutes is amended to read:

AB50,1167,8 165.95 (5) (bg) A county, or a tribe that receives a grant under this section s. 16.075, shall submit data requested by the department of justice to the department of justice each month. The department of justice may request any data regarding the project funded by the grant that is necessary to evaluate the project alternatives to prosecution and incarceration program and prepare the reports under sub. (5p).

AB50,2263 Section 2263. 165.95 (5m) of the statutes is repealed.

AB50,2264 Section 2264. 165.95 (5p) (a) of the statutes is amended to read:

AB50,1167,15 165.95 (5p) (a) The department of justice shall, annually, analyze the data submitted under sub. (5) (bg) and prepare a progress report that evaluates the effectiveness of the grant program alternatives to prosecution and incarceration programs in this state. The department of justice shall make the report available to the public.

AB50,2265 Section 2265. 165.95 (5p) (b) of the statutes is amended to read:

AB50,1167,23 165.95 (5p) (b) The department of justice shall, every 5 years, prepare a comprehensive report that analyzes the data it receives under sub. (5) (bg) and the annual reports it produces under par. (a). The department of justice shall include in this comprehensive report a cost benefit analysis of the grant program alternatives to prosecution and incarceration programs and shall submit the report to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2).

AB50,2266 Section 2266. 165.95 (6) of the statutes is renumbered 16.075 (7) and amended to read:

AB50,1168,9 16.075 (7) A county or tribe may, with one or more other counties or tribes, jointly apply for and receive a grant under this section sub. (2). Upon submitting a joint application, each county or tribe shall include with the application a written agreement specifying each tribe’s and each county department’s role in developing, administering, and evaluating the program. The oversight committee established under sub. (5) (a) identified in s. 165.95 (3) (cm) shall consist of representatives from each county or tribe.

AB50,2267 Section 2267. 165.95 (7) of the statutes is repealed.

AB50,2268 Section 2268. 165.95 (7m) of the statutes is renumbered 16.075 (3) and amended to read:

AB50,1168,17 16.075 (3) Beginning in fiscal year 2012-13, the The department of justice shall, every 5 years, make grants under this section sub. (2) available to any county or tribe on a competitive basis. A county or tribe may apply for a grant under this subsection sub. (2) regardless of whether the county or tribe has received a grant previously under this section sub. (2).

AB50,2269 Section 2269. 165.95 (8) of the statutes is amended to read:

AB50,1168,21 165.95 (8) The department of justice shall assist a county or tribe receiving a grant under this section that operates an alternatives to prosecution and incarceration program in obtaining funding from other sources for its program.

AB50,2270 Section 2270. 165.95 (9) of the statutes is renumbered 16.075 (4) and amended to read:

AB50,1169,3 16.075 (4) The department of justice shall inform any county or tribe that is applying for a grant under this section sub. (2) whether the county or tribe meets the requirements established under sub. s. 165.95 (3), regardless of whether the county or tribe receives a grant.

AB50,2271 Section 2271. 165.95 (10) of the statutes is repealed.

AB50,2272 Section 2272. 165.955 of the statutes is repealed.

AB50,2273 Section 2273. 175.33 of the statutes is created to read:

AB50,1169,7 175.33 Transfer of firearms. (1) In this section:

AB50,1169,9 (a) “Family member” means a spouse, parent, grandparent, sibling, child, or grandchild. The relationship may be by blood, marriage, or adoption.

AB50,1169,10 (b) “Firearm” includes the frame or receiver of a firearm.

AB50,1169,11 (c) “Firearms dealer” has the meaning given in s. 175.35 (1) (ar).

AB50,1169,12 (d) “Transfer” has the meaning given in s. 175.35 (1) (br).

AB50,1169,14 (2) No person may transfer ownership of a firearm, or be transferred ownership of a firearm, unless one of the following applies:

AB50,1169,15 (a) The transferor is a firearms dealer.

AB50,1169,17 (b) The transferor makes the transfer to or through a firearms dealer and obtains a receipt under s. 175.35 (2j) (b).

AB50,1169,19 (c) The transfer of ownership of the firearm is one of the transfers listed under s. 175.35 (2t).

AB50,1169,23 (d) The transferor is transferring ownership of the firearm to a family member by gift, bequest, or inheritance, the transferee is not prohibited from possessing a firearm under s. 941.29 or federal law, and the transferee is at least 18 years of age.

AB50,1170,3 (3) Any person who intentionally violates sub. (2) is guilty of a misdemeanor and shall be fined not less than $500 nor more than $10,000 and may be imprisoned for not more than 9 months. The person is also prohibited under s. 941.29 from possessing a firearm for a period of 2 years.

AB50,2274 Section 2274. 175.35 (title) of the statutes is amended to read:

AB50,1170,5 175.35 (title) Purchase of handguns firearms.

AB50,2275 Section 2275. 175.35 (1) (at) of the statutes is amended to read:

AB50,1171,2 175.35 (1) (at) “Firearms restrictions record search” means a search of department of justice records to determine whether a person seeking to purchase a handgun is prohibited from possessing a firearm under s. 941.29 or is included in the database under s. 165.64 (3). “Firearms restrictions record search” includes a criminal history record search, a search to determine whether a person is prohibited from possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats., a search in the national instant criminal background check system to determine whether a person has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a), a search to determine whether the person is subject to an injunction under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under s. 941.29 and that has been filed with the circuit court under s. 813.128 (3g), a search to determine whether the person is subject to a temporary restraining order or injunction under s. 813.124, and a search to determine whether the person is prohibited from possessing a firearm under s. 813.123 (5m) or 813.125 (4m).

AB50,2276 Section 2276. 175.35 (1) (at) of the statutes, as affected by 2025 Wisconsin Act .... (this act), is amended to read:

AB50,1171,22 175.35 (1) (at) “Firearms restrictions record search” means a search of department of justice records to determine whether a person seeking to purchase receive the transfer of a handgun firearm is prohibited from possessing a firearm under s. 941.29 or is included in the database under s. 165.64 (3). “Firearms restrictions record search” includes a criminal history record search, a search to determine whether a person is prohibited from possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats., a search in the national instant criminal background check system to determine whether a person has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a), a search to determine whether the person is subject to an injunction under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under s. 941.29 and that has been filed with the circuit court under s. 813.128 (3g), a search to determine whether the person is subject to a temporary restraining order or injunction under s. 813.124, and a search to determine whether the person is prohibited from possessing a firearm under s. 813.123 (5m) or 813.125 (4m).

AB50,2277 Section 2277. 175.35 (1) (br) of the statutes is created to read:

AB50,1172,2 175.35 (1) (br) “Transfer” includes to sell, assign, pledge, lease, loan, give away, or otherwise dispose of.

AB50,2278 Section 2278. 175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) (am) and amended to read:

AB50,1172,8 175.35 (2) (am) When a firearms dealer sells transfers a handgun firearm, including the frame or receiver of a firearm, he or she may not transfer possession of that handgun firearm to any other person until all of the following have occurred: requirements under par. (cm) have been met.

AB50,2279 Section 2279. 175.35 (2) (a), (b) and (c) of the statutes are renumbered 175.35 (2) (cm) 1., 2. and 3.

AB50,2280 Section 2280. 175.35 (2) (bm) of the statutes is created to read:

AB50,1172,14 175.35 (2) (bm) When a person transfers a firearm, including the frame or receiver of a firearm, through a firearms dealer, the transfer of possession of that firearm may not be made until all of the requirements of par. (cm) have been met.

AB50,2281 Section 2281. 175.35 (2) (cm) (intro.) of the statutes is created to read:

AB50,1172,17 175.35 (2) (cm) (intro.) All of the following must occur before a firearm may be transferred under par. (am) or (bm):

AB50,2282 Section 2282. 175.35 (2) (d) of the statutes is amended to read:

AB50,1173,4 175.35 (2) (d) The If the firearm is a handgun, 48 hours have elapsed from the time that the firearms dealer has received an approval a confirmation number regarding the firearms restrictions record search under sub. (2g) (c) from the department of justice or, if the firearm is not a handgun, the firearms dealer has received a confirmation number regarding the firearms restrictions record search under sub. (2g) (c) from the department of justice and, for any firearm, the firearms dealer has not been notified that the person is prohibited under state or federal law from possessing a firearm or that the department needs an extension under sub. (2g) (c) 4. c.

AB50,2283 Section 2283. 175.35 (2) (d) of the statutes, as affected by 2025 Wisconsin Act .... (this act), is renumbered 175.35 (2) (cm) 4.

AB50,2284 Section 2284. 175.35 (2g) (a) of the statutes is amended to read:

AB50,1173,10 175.35 (2g) (a) The department of justice shall promulgate rules prescribing procedures under sub. (2) (cm) 1. for a transferee to provide and a firearms dealer to inspect identification containing a photograph of the transferee.

AB50,2285 Section 2285. 175.35 (2g) (b) 1. of the statutes is amended to read:

AB50,1173,18 175.35 (2g) (b) 1. The department of justice shall promulgate rules prescribing a notification form for use under sub. (2) (cm) 2. and 3. requiring the transferee to provide his or her name, date of birth, gender, race and social security number and other identification necessary to permit an accurate firearms restrictions record search under par. (c) 3. and the required notification under par. (c) 4. The department of justice shall make the forms available at locations throughout the state.

AB50,2286 Section 2286. 175.35 (2g) (b) 2. of the statutes is amended to read:

AB50,1174,2 175.35 (2g) (b) 2. The department of justice shall ensure that each notification form under subd. 1. requires the transferee to indicate that he or she is not purchasing receiving a transfer of the firearm with the purpose or intent to transfer the firearm to a person who is prohibited from possessing a firearm under state or federal law and that each notification form informs the transferee that making a false statement with regard to this purpose or intent is a Class H felony.

AB50,2287 Section 2287. 175.35 (2g) (c) 4. a. and b. of the statutes are amended to read:

AB50,1174,8 175.35 (2g) (c) 4. a. If the search indicates that the transferee is prohibited from possessing a firearm under s. 941.29 or is included in the database under s. 165.64 (3), the department shall provide the firearms dealer with a unique nonapproval number. The department may not disclose to the firearms dealer the reason the transferee is prohibited from possessing a firearm under s. 941.29.

AB50,1174,11 b. If the search indicates that the transferee is not prohibited from possessing a firearm under s. 941.29 and is not included in the database under s. 165.64 (3), the department shall provide the firearms dealer with a unique approval number.

AB50,2288 Section 2288. 175.35 (2g) (c) 4. c. of the statutes is amended to read:

AB50,1174,19 175.35 (2g) (c) 4. c. If the search indicates that it is unclear whether the person is prohibited under state or federal law from possessing a firearm and the department needs more time than provided under sub. (2) (d) to make the determination, the department shall make every reasonable effort to determine whether the person is prohibited under state or federal law from possessing a firearm and notify the firearms dealer of the results as soon as practicable but no later than 5 working days after the search was requested.