WI
Wisconsin Assembly Bill AB1080

Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1080 Compare Versions

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33 2023 - 2024 LEGISLATURE
44 2023 ASSEMBLY BILL 1080
55 February 12, 2024 - Introduced by Representatives ANDRACA, STUBBS, J. ANDERSON,
66 BALDEH, CONLEY, CONSIDINE, DRAKE, EMERSON, HONG, JOERS, NEUBAUER,
77 PALMERI, RATCLIFF, SINICKI, SNODGRASS, SUBECK, JACOBSON and CLANCY,
88 cosponsored by Senators ROYS, AGARD, CARPENTER, HESSELBEIN, LARSON,
99 SMITH, SPREITZER and L. JOHNSON. Referred to Committee on Criminal Justice
1010 and Public Safety.
1111 ***AUTHORS SUBJECT TO CHANGE***
1212 AN ACT to repeal 943.13 (1m) (c) 5.; to amend 175.60 (2g) (a), 175.60 (5) (a) 6.,
1313 938.34 (14q), 938.78 (3), 939.632 (1) (e) 3., 941.235 (1), 943.13 (1m) (c) 4., 943.13
1414 (2) (bm) 2. am., 968.255 (1) (a) 2. and 973.137 (1); and to create 941.236 of the
1515 statutes; relating to: prohibiting possessing a firearm on college and
1616 university campuses and providing a penalty.
1717 Analysis by the Legislative Reference Bureau
1818 Current law prohibits a person from carrying a firearm in a building owned or
1919 leased by the state or a political subdivision of the state. A person who violates the
2020 prohibition is guilty of a Class A misdemeanor. The prohibition does not apply to a
2121 person who has a license to carry a concealed weapon. Current law allows a
2222 university or college to post notice on a building to prevent a person from entering
2323 it while carrying a firearm. A person, including a licensee, who carries a firearm into
2424 a posted building is guilty of trespassing and is subject to a Class B forfeiture, which
2525 is a forfeiture not to exceed $1,000.
2626 This bill eliminates the trespassing provision and prohibits a person from
2727 possessing a firearm in a publicly or privately owned building on a university or
2828 college campus or on the grounds of or land owned or occupied by a university or
2929 college. A person who violates the prohibition is guilty of a Class A misdemeanor.
3030 The prohibition does not apply to a law enforcement officer or military personnel in
3131 the line of duty, a person who leases residential space (not including a dormitory or
3232 part of a residence hall) or business space on the campus if the person is in the space,
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3939 ASSEMBLY BILL 1080
4040 a participant who possesses the firearm for use in a program approved by the
4141 university or college, a person who possesses the firearm in accordance with a
4242 contract entered into between the university or college and the person or his or her
4343 employer, or a person who possesses a firearm that is unloaded and encased.
4444 Because this bill creates a new crime or revises a penalty for an existing crime,
4545 the Joint Review Committee on Criminal Penalties may be requested to prepare a
4646 report.
4747 The people of the state of Wisconsin, represented in senate and assembly, do
4848 enact as follows:
4949 SECTION 1. 175.60 (2g) (a) of the statutes is amended to read:
5050 175.60 (2g) (a) A licensee or an out-of-state licensee may carry a concealed
5151 weapon anywhere in this state except as provided under subs. (15m) and (16) and ss.
5252 941.236, 943.13 (1m) (c), and 948.605 (2) (b) 1r.
5353 SECTION 2. 175.60 (5) (a) 6. of the statutes is amended to read:
5454 175.60 (5) (a) 6. A statement of the places under sub. (16) where a licensee is
5555 prohibited from carrying a weapon, as well as an explanation of the provisions under
5656 sub. (15m) and ss. 941.236, 943.13 (1m) (c), and 948.605 (2) (b) 1r. that could limit
5757 the places where the licensee may carry a weapon, with a place for the applicant to
5858 sign his or her name to indicate that he or she has read and understands the
5959 statement.
6060 SECTION 3. 938.34 (14q) of the statutes is amended to read:
6161 938.34 (14q) CERTAIN BOMB SCARES AND FIREARM VIOLATIONS. In addition to any
6262 other disposition imposed under this section, if the juvenile is found to have violated
6363 s. 947.015 and the property involved is owned or leased by the state or any political
6464 subdivision of the state, or if the property involved is a school premises, as defined
6565 in s. 948.61 (1) (c), or if the juvenile is found to have violated s. 941.235, 941.236, or
6666 948.605, immediately suspend the juvenile's operating privilege, as defined in s.
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8787 SECTION 3
8888 ASSEMBLY BILL 1080
8989 340.01 (40), for 2 years. The court shall immediately forward to the department of
9090 transportation the notice of suspension, stating that the suspension is for a violation
9191 of s. 947.015 involving school premises, or for a violation of s. 941.235, 941.236, or
9292 948.605. If otherwise eligible, the juvenile is eligible for an occupational license
9393 under s. 343.10.
9494 SECTION 4. 938.78 (3) of the statutes, as affected by 2023 Wisconsin Act 10, is
9595 amended to read:
9696 938.78 (3) RELEASE OF INFORMATION WHEN ESCAPE OR ABSENCE; RULES. If a juvenile
9797 adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need
9898 of protection or services under s. 48.13 (12) or (14), 1993 stats., or s. 938.13 (12) or
9999 (14) on the basis of a violation of s. 943.23 (1m) or (1r), 1999 stats., or s. 943.23 (1g),
100100 2021 stats., or s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.231, 941.235, 941.236,
101101 941.237, 941.26, 941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02,
102102 943.03, 943.04, 943.10 (2) (a), 943.231 (1), 943.32 (2), 948.02, 948.025, 948.03, 948.05,
103103 948.055, 948.085 (2), 948.60, 948.605, or 948.61 or any crime specified in ch. 940 has
104104 escaped from a juvenile correctional facility, residential care center for children and
105105 youth, secured residential care center for children and youth, inpatient facility, as
106106 defined in s. 51.01 (10), juvenile detention facility, or juvenile portion of a county jail,
107107 or from the custody of a peace officer or a guard of such a facility, center, or jail, or
108108 has been allowed to leave a juvenile correctional facility, residential care center for
109109 children and youth, secured residential care center for children and youth, inpatient
110110 facility, juvenile detention facility, or juvenile portion of a county jail for a specified
111111 time period and is absent from the facility, center, home, or jail for more than 12 hours
112112 after the expiration of the specified period, the department of corrections or county
113113 department, whichever has supervision over the juvenile, may release the juvenile's
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140140 SECTION 4 ASSEMBLY BILL 1080
141141 name and any information about the juvenile that is necessary for the protection of
142142 the public or to secure the juvenile's return to the facility, center, home, or jail. The
143143 department of corrections shall promulgate rules establishing guidelines for the
144144 release of the juvenile's name or information about the juvenile to the public.
145145 SECTION 5. 939.632 (1) (e) 3. of the statutes is amended to read:
146146 939.632 (1) (e) 3. Any misdemeanor under s. 940.19 (1), 940.225 (3m), 940.32
147147 (2), 940.42, 940.44, 941.20 (1), 941.23, 941.231, 941.235, 941.236, or 941.38 (3).
148148 SECTION 6. 941.235 (1) of the statutes is amended to read:
149149 941.235 (1) Any person who goes armed with a firearm in any building owned
150150 or leased by the state or any political subdivision of the state is guilty of a Class A
151151 misdemeanor. This subsection does not apply to a building on the grounds of a
152152 university or college.
153153 SECTION 7. 941.236 of the statutes is created to read:
154154 941.236 Possessing a firearm at a university or college. (1) Any person
155155 who possesses a firearm is guilty of a Class A misdemeanor if any of the following
156156 apply:
157157 (a) The person is in a privately or publicly owned building on the grounds of a
158158 university or college.
159159 (b) The person is on the grounds of or land owned or occupied by a university
160160 or college.
161161 (2) Subsection (1) does not apply to the possession of a firearm by any of the
162162 following:
163163 (a) A person who is employed in this state by a public agency as a law
164164 enforcement officer and to whom s. 941.23 (1) (g) 2. to 5. and (2) (b) 1. to 3. applies.
165165 (b) Armed forces or military personnel going armed in the line of duty.
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193193 SECTION 7
194194 ASSEMBLY BILL 1080
195195 (c) A person who leases residential premises that are not a dormitory or part
196196 of a residence hall, or who leases business premises on the grounds of the university
197197 or college, if the person is in or on the premises.
198198 (d) A person for use in a program approved by the university or college.
199199 (e) A person in accordance with a contract entered into between the university
200200 or college and the person or an employer of the person.
201201 (f) A person who possesses a firearm that is not loaded and is any of the
202202 following:
203203 1. Encased, as defined in s. 167.31 (1) (b).
204204 2. In a locked firearms rack that is on a motor vehicle.
205205 SECTION 8. 943.13 (1m) (c) 4. of the statutes is amended to read:
206206 943.13 (1m) (c) 4. While carrying a firearm, enters or remains in any part of
207207 a building that is owned, occupied, or controlled by the state or any local
208208 governmental unit, excluding any building or portion of a building under s. 175.60
209209 (16) (a), if the state or local governmental unit has notified the actor not to enter or
210210 remain in the building while carrying a firearm or with that type of firearm. This
211211 subdivision does not apply to any building or portion of a building under s. 175.60
212212 (16) (a) or a privately or publicly owned building on the grounds of a university or
213213 college, to a person who leases residential or business premises in the building, or,
214214 if the firearm is in a vehicle driven or parked in the parking facility, to any part of
215215 the building used as a parking facility.
216216 SECTION 9. 943.13 (1m) (c) 5. of the statutes is repealed.
217217 SECTION 10. 943.13 (2) (bm) 2. am. of the statutes is amended to read:
218218 943.13 (2) (bm) 2. am. For the purposes of sub. (1m) (c) 2., and 4., and 5., an
219219 owner or occupant of a part of a nonresidential building, or the state or a local
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246246 SECTION 10 ASSEMBLY BILL 1080
247247 governmental unit, or a university or a college has notified an individual not to enter
248248 or remain in a part of the building while carrying a firearm or with a particular type
249249 of firearm if the owner, occupant, state, or local governmental unit, university, or
250250 college has posted a sign that is located in a prominent place near all of the entrances
251251 to the part of the building to which the restriction applies and any individual
252252 entering the building can be reasonably expected to see the sign.
253253 SECTION 11. 968.255 (1) (a) 2. of the statutes is amended to read:
254254 968.255 (1) (a) 2. A person arrested for any misdemeanor under s. 167.30 (1),
255255 940.19, 941.20 (1), 941.23, 941.231, 941.236, 941.237, 948.60, or 948.61.
256256 SECTION 12. 973.137 (1) of the statutes is amended to read:
257257 973.137 (1) A violation of s. 941.235 or 941.236.
258258 (END)
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