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2023 ASSEMBLY BILL 1192
April 9, 2024 - Introduced by Representatives MCGUIRE, DRAKE, STUBBS, ANDRACA,
DOYLE, OHNSTAD, RIEMER, SHELTON, SNODGRASS, C. ANDERSON, EMERSON, BARE,
JOERS, BILLINGS, CONLEY, CONSIDINE, PALMERI, RATCLIFF, SINICKI, SUBECK and
VINING, cosponsored by Senators ROYS, AGARD, L. JOHNSON, LARSON and
SPREITZER. Referred to Committee on Criminal Justice and Public Safety.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to repeal 20.455 (2) (cs), 20.455 (2) (ct), 20.455 (2) (dm), 165.95 (3) (a),
165.95 (5m), 175.35 (1) (b), 939.74 (2d) (c), 939.74 (2d) (e), 940.201 (title) and
(1), 940.42, 940.45 (title), 946.60 and 946.61; to renumber 175.35 (2) (a), (b),
(c) and (d) and 175.35 (2j); to renumber and amend 165.95 (3) (i), 165.95 (5)
(a), 165.95 (5) (b), 175.35 (2) (intro.), 175.35 (2i), 940.20 (3) (title), 940.20 (3),
940.201 (2), 940.43, 940.44, 940.45, 941.2905 (1) and 947.01 (1); to
consolidate, renumber and amend 940.48 (2) (intro.), (a) and (b); to amend
6.47 (1) (b), 20.455 (2) (em) (title), 20.455 (2) (gr), 46.48 (31), 46.536 (1), 48.685
(2) (bb), 48.685 (5) (bm) 4., 48.686 (1) (c) 9., 48.686 (1) (c) 12., 48.686 (2) (bb),
50.065 (2) (bb), 165.63 (3), 165.63 (4) (d), 165.70 (1) (b), 165.84 (7) (ab) 1., 165.84
(7) (ab) 2., 165.95 (title), 165.95 (2), 165.95 (2r), 165.95 (3) (b), 165.95 (3) (d),
165.95 (3) (e), 165.95 (3) (g), 165.95 (3) (h), 165.95 (3) (j), 165.95 (3) (k), 165.95
(6), 165.95 (7), 165.95 (7m), 175.35 (title), 175.35 (1) (at), 175.35 (2g) (a), 175.35
(2g) (b) 1., 175.35 (2g) (b) 2., 175.35 (2k) (ar) 2., 175.35 (2k) (c) 2. a., 175.35 (2k)
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(c) 2. b., 175.35 (2k) (g), 175.35 (2k) (h), 175.35 (2L), 175.35 (2t) (a), (b) and (c),
175.35 (3) (b) 2., 175.60 (7) (d), 175.60 (9g) (a) 2., 175.60 (11) (a) 2. f., 175.60 (15)
(b) 4. b., 301.048 (2) (bm) 1. a., 302.43, 767.461 (4), 801.58 (2m), 813.06, 813.126
(1), 813.127, 813.128 (2g) (b), 938.208 (1) (b), 938.34 (4m) (b) 2., 938.341, 939.22
(21) (em), 939.22 (21) (k), 939.22 (21) (L), 939.31, 939.32 (1) (c), 939.6195 (1) (a)
1., 939.632 (1) (e) 1., 939.632 (1) (e) 3., 940.03, 940.41 (intro.), 940.43 (title),
940.44 (title), 940.46, 940.47 (1), 940.47 (2), 940.48 (1), 940.49, 941.237 (1) (d),
941.29 (1g) (a), 941.29 (1g) (b), 941.29 (1m) (intro.), 941.29 (1m) (f), 941.291 (1)
(b), 941.296 (1) (b), 941.38 (1) (b) 5m., 941.38 (1) (b) 11., 941.38 (1) (b) 12., 946.82
(4), 949.03 (2), 961.472 (5) (b), 967.11 (1), 967.11 (2), 968.075 (1) (a) (intro.),
968.20 (3) (b), 968.26 (1b) (a) 2. a., 969.001 (3) (a), 969.08 (10) (b), 971.17 (1g),
971.37 (1m) (a) 2., 973.055 (1) (a) 1., 973.123 (1), 973.155 (1m) and 973.176 (1);
to repeal and recreate 946.65; and to create 20.455 (2) (cs), 20.455 (2) (ct),
20.455 (2) (dm), 20.455 (5) (dm), 165.73, 165.95 (1) (ac), 165.95 (3) (ag), 165.95
(3) (bd), 165.95 (3) (cm) 2., 175.33, 175.35 (1) (br), 175.35 (2) (bm), 175.35 (2) (cm)
(intro.), 175.35 (2i) (b) 2., 175.35 (2j) (b), 175.35 (2k) (cm), 175.35 (2k) (gm),
801.50 (5sb), 813.124, 939.74 (2d) (b), 940.202 (1) and (3), 940.41 (1d), 940.43
(1m), 941.29 (1m) (dm), (dn) and (do), 941.2905 (1) (b), 941.293, 943.20 (1) (f),
947.01 (1) (a), 968.075 (1) (f), 969.15 and 973.017 (3) (f) of the statutes; relating
to: firearm transfers and possession, law enforcement and prosecution, victims
and witnesses, obstruction of justice, mental health and substance use services,
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hate crimes reporting portal, fraud, making an appropriation, and providing a
penalty.
Analysis by the Legislative Reference Bureau
FIREARM TRANSFERS AND POSSESSION
Background checks before firearms transfers
Current law provides that a federally licensed firearms dealer may not transfer
a handgun after a sale until the dealer has performed a background check on the
prospective transferee to determine if he or she is prohibited from possessing a
firearm under state or federal law. This bill generally prohibits any person from
transferring any firearm, including the frame or receiver of a firearm, unless the
transfer occurs through a federally licensed firearms dealer and involves a
background check of the prospective transferee. Under the bill, the following are
excepted from that prohibition: a transfer to a firearms dealer or to a law
enforcement or armed services agency; a transfer of a firearm classified as antique;
a transfer for no more than 14 days for the purpose of hunting or target shooting that
involves no more than nominal consideration; or a transfer that is by gift, bequest,
or inheritance to a family member. A person who is convicted of violating the
prohibition is guilty of a misdemeanor and must be fined not less than $500 nor more
than $10,000, may be imprisoned for not more than nine months, and may not
possess a firearm for a period of two years.
Law enforcement access to handgun background checks
Current law outlines the process for the background check that a federally
licensed firearms dealer must perform before transferring a handgun after a sale.
Under current law, the dealer requests the Department of Justice to perform the
background check on the prospective transferee to determine if he or she is
prohibited from possessing a firearm under state or federal law. Current law
prohibits the following persons from possessing a firearm: persons who have been
convicted of a felony; persons found not guilty of a felony by reason of mental disease
or defect; persons who are subject to certain injunctions such as a domestic abuse or
child abuse injunction or, in certain cases, a harassment or an individuals-at-risk
injunction; and persons who have been involuntarily committed for mental health
treatment and ordered not to possess a firearm. Current law also prohibits a person
from intentionally furnishing, purchasing, or possessing a firearm for a person who
is prohibited from possessing a firearm. This practice is commonly called “straw
purchasing.”
Under current law, DOJ must deny access to records regarding background
checks; however there are exceptions. The bill creates three additional exceptions.
First, under current law, if the background check reveals that a prospective
transferee is prohibited from possessing a firearm under state law, the attorney
general may disclose to a law enforcement agency that the person attempted to
purchase a handgun. The bill adds that the attorney general may make such a
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disclosure to law enforcement if a prospective transferee is prohibited from
possessing a firearm under federal law as well as state law. Second, the bill adds that
the attorney general may disclose an attempted transfer to a law enforcement agency
if the circumstances surrounding the request for a background check indicate that
the prospective transferee is trying to make a straw purchase of a handgun. Third,
the bill specifies that DOJ may forward the final transaction status of a background
check to the National Instant Criminal Background Check System, commonly
referred to as NICS, as provided under federal law.
Extreme risk protection order
Under current law, a person is prohibited from possessing a firearm, and must
surrender all firearms, if the person is subject to a domestic abuse injunction, a child
abuse injunction, or, in certain cases, a harassment or an individuals-at-risk
injunction. If a person surrenders a firearm because the person is subject to one of
those injunctions, the firearm may not be returned to the person until a court
determines that the injunction has been vacated or has expired and that the person
is not otherwise prohibited from possessing a firearm. A person who is prohibited
from possessing a firearm under such an injunction is guilty of a Class G felony if he
or she violates the prohibition.
The bill creates an extreme risk protection temporary restraining order and
injunction to prohibit a person from possessing a firearm. Under the bill, either a
law enforcement officer or a family or household member of the person may file a
petition with a court to request an extreme risk protection injunction. The petition
must allege facts that show that the person is substantially likely to injure himself
or herself or another if the person possesses a firearm.
Under the bill, the petitioner may request the court to consider first granting
a temporary restraining order. If the petitioner does request a TRO, the petitioner
must include evidence that there is an immediate and present danger that the person
may injure himself or herself or another if the person possesses a firearm and that
waiting for the injunction hearing may increase the immediate and present danger.
If the petitioner requests a TRO, the court must hear the petition in an
expedited manner. The judge must issue a TRO if, after questioning the petitioner
and witnesses or relying on affidavits, the judge determines that it is substantially
likely that the petition for an injunction will be granted and the judge finds good
cause to believe there is an immediate and present danger that the person will injure
himself or herself or another if the person has a firearm and that waiting for the
injunction hearing may increase the immediate and present danger. If the judge
issues a TRO, the TRO is in effect until the injunction hearing, which must occur
within 14 days of the TRO issuance. The TRO must require a law enforcement officer
to personally serve the person with the order and to require the person to
immediately surrender all firearms in his or her possession. If a law enforcement
officer is unable to personally serve the person, then the TRO requires the person to
surrender within 24 hours all firearms to a law enforcement officer or a firearms
dealer and to provide the court a receipt indicating the surrender occurred.
At the injunction hearing, if the court finds by clear and convincing evidence
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person possesses a firearm, the court may grant an extreme risk protection
injunction ordering the person to refrain from possessing a firearm and, if the person
was not subject to a TRO, to surrender all firearms he or she possesses. An extreme
risk protection injunction is effective for up to one year and may be renewed. A
person who is subject to an extreme risk protection injunction may petition to vacate
the injunction. If a person surrenders a firearm because the person is subject to an
extreme risk protection TRO or injunction, the firearm may not be returned to the
person until a court determines that the TRO has expired or the injunction has been
vacated or has expired and that the person is not otherwise prohibited from
possessing a firearm.
A person who possesses a firearm while subject to an extreme risk protection
TRO or injunction is guilty of a Class G felony. In addition, a person who files a
petition for an extreme risk protection injunction, knowing the information in the
petition to be false, is guilty of the crime of false swearing, a Class H felony.
Misdemeanor crimes of domestic violence as a firearms disqualifier
Under federal law, a person is prohibited from possessing a firearm if he or she
has been convicted of a misdemeanor crime of domestic violence. Under state law,
a person who is prohibited from possessing a firearm under federal or state law also
may not purchase a firearm or be issued a license to carry a concealed weapon. State
law requires DOJ, before approving a handgun purchase or issuing a license, to
conduct a background check to determine if the person is prohibited from possessing
a firearm. To determine if the person is prohibited under federal law, DOJ must
review court records of all of the person's criminal convictions to identify if any
conviction is for a misdemeanor crime of domestic violence. DOJ must determine if
the relationship between the offender and the victim qualifies as a domestic
relationship and if the offender engaged in violent conduct when committing the
crime. The bill reorganizes two statutes—the crime of disorderly conduct and the
definition of domestic abuse—so that DOJ is able to more easily determine if a
conviction under one of those statutes qualifies as a misdemeanor crime of domestic
violence.
First, under current law, a person is guilty of disorderly conduct if the person
engages in violent, abusive, indecent, profane, boisterous, unreasonably loud, or
otherwise disorderly conduct and if the conduct tends to cause or provoke a
disturbance. A person who has been convicted of disorderly conduct is prohibited
from possessing a firearm if the disorderly conduct was a misdemeanor crime of
domestic violence—that is, if the person engaged in violent conduct and if the
relationship between the person and the victim was domestic. The bill reorganizes
the disorderly conduct statute to separate “violent” conduct from the other types of
disorderly conduct so that the court record clearly indicates that the crime was a
violent crime.
Second, under current state law, “domestic abuse” is defined as certain actions
taken against a victim if the victim is related to the actor, has a child in common with
the actor, or currently resides or has resided with the actor. Unlike state law, federal
law does not define a crime as domestic violence if the only relationship is that the
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statute defining domestic abuse so that a court record would indicate the exact
nature of the relationship. Therefore, under the bill, the court record would indicate
when a person who is guilty under state law of a crime of domestic abuse is not guilty
under federal law of a misdemeanor crime of domestic violence.
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 the 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 an 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.
Prohibition on undetectable “ghost” guns
The bill prohibits the manufacture, transportation, sale, possession, and
carrying of firearms that cannot be detected by metal detectors or airport x-ray
machines or scanners. Federal law currently has a comparable prohibition; under
the bill, the person would violate state law as well. A person who violates the state
prohibition is guilty of a Class G felony.
The bill prohibits the sale, posting, provision, or possession of plans for
manufacturing an undetectable firearm. A person who violates the prohibition is
guilty of a Class H felony.
The bill also prohibits the possession of a frame or a receiver of a firearm that
is not marked with a serial number. A person who violates the prohibition is guilty
of a Class I felony.
Penalty increase for the illegal possession of a firearm or for the straw
purchase of a firearm
The bill increases the penalty for the illegal possession of a firearm or for the
straw purchase of a firearm. Under current law either crime is a Class G felony. The
bill increases the penalty to a Class F felony for a repeat offense.
VICTIMS AND WITNESSES
Victim-witness reimbursement payments
Under current law, DOJ reimburses counties for costs they incur in providing
services to victims and witnesses of crime. The bill increases funding for these
reimbursements by $1,503,400 in fiscal year 2023-24 and by $1,901,400 in fiscal
year 2024-25.
Address confidentiality program
The bill provides new general purpose revenue funding for the address
confidentiality program operated by DOJ. Under current law, DOJ's address
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domestic abuse with a substitute legal address that can be used for both public and
private purposes so that the victim's home address can remain confidential.
Intimidation of a witness or a victim
Under current law, the crime of intimidation of a witness or a victim is a Class
A misdemeanor, unless certain aggravating factors are present, in which case it is
a Class H felony. The bill increases the penalty for the crime of intimidation of a
witness or a victim from a Class A misdemeanor to a Class H felony and from a Class
H felony to a Class G felony if the aggravating factors are present.
Victim services
The bill provides an additional $10,000,000 in the 2023-25 biennium for victim
services provided by DOJ across the state.
LAW ENFORCEMENT RECRUITMENT , RETENTION, AND TRAINING
Reimbursement for law enforcement specialized training
Under current law, the Law Enforcement Standards Board reimburses political
subdivisions for certain expenses associated with certification training for law
enforcement officers. Under current law, these reimbursements are funded from a
combination of GPR and penalty surcharges on court fines and forfeitures. The bill
increases GPR funding for law enforcement certification training reimbursements
by $1,000,000 GPR in each fiscal year.
Law enforcement officer recruitment, retention, and wellness grants
The bill requires DOJ to provide $10,000,000 in grants in the 2023-25 fiscal
biennium for programs designed to recruit and retain law enforcement officers and
to promote officer wellness.
OBSTRUCTING JUSTICE
Obstructing justice
Under current law, the crime of obstructing justice is defined as knowingly
giving, for consideration, false information to a judge, court reporter, bailiff, or
district attorney with intent to influence that person in the performance of official
functions and is a Class I felony. Under current law, it is also a Class I felony to
destroy documents that are subject to subpoena, and it is a Class H felony to bribe
a witness.
Under the bill, the crime of obstructing justice is redefined to include a variety
of acts that interfere with a governmental or criminal investigation, including all of
the following:
1. Withholding or destroying records or oral testimony with intent to obstruct
a legal investigation.
2. Interfering with a legal or governmental proceeding through the use of a
bribe or a threat.
3. Interfering, by threat or force, with the exercise of rights or performance of
duties pursuant to a court order.
4. Obstructing or otherwise interfering with the communication to a criminal
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5. Altering or destroying a record, document, or other object in order to interfere
with a governmental investigation or administration of any other matter in the
jurisdiction of the state government.
6. Accepting a bribe to influence, obstruct, or impede a legal or governmental
proceeding.
Any of these activities is a Class H felony under the bill.
Battery or threat of a juror or a family member of a juror
Under current law, the crime of battery is defined as intentionally causing
another person bodily harm and is a Class A misdemeanor. Under current law, if the
battery is a special circumstance battery—for example, the battery is committed
against an individual because of the individual's status as a law enforcement officer,
witness in a trial, or juror—the penalty is increased to a Class H felony. Under the
bill, a threat of battery against a juror or battery or a threat of battery against a
family member of a juror is also a Class H felony.
DEPARTMENT OF JUSTICE AND DEP ARTMENT OF CORRECTIONS
PROGRAMS
Treatment alternatives and diversion grant program
Under current law, DOJ, in collaboration with the Department of Corrections
and the Department of Health Services, awards grants to counties or tribes that have
established qualifying treatment alternatives and diversion (TAD) programs that
offer substance abuse or mental health treatment services as alternatives to
prosecution or incarceration in order to reduce recidivism, promote public safety, and
reduce prison and jail populations.
Under current law, in order to qualify for a TAD grant, a county's or tribe's
program is required to match 25 percent of the grant, and a program is required to
charge participants a fee to participate. A county or tribe that receives a TAD grant
must create an oversight committee to administer and evaluate its program. DOJ
is required to make grants available to any county or tribe on a competitive basis
every five years. At the end of the five-year grant cycle, DOJ is required to prepare
a comprehensive report on the grant program based on annual reports and other data
it collects from the counties and tribes.
The bill makes several changes to the TAD grant program. Under the bill, a
program funded by a TAD grant need not focus solely on alcohol and other drug
treatment but must employ evidence-based practices targeted to the population
served by the program. The bill changes the match requirement from 25 percent to
10 percent and changes the competitive grant process to a four-year cycle. The bill
allows, but does not require, an eligible program to charge participants a fee for their
treatment. The bill also eliminates certain requirements pertaining to exposure of
genitals during drug testing.
Under current law, when a person pleads or is found guilty of certain drug
offenses, the court is required to order a substance use assessment. Under current
law, the court does not have to order an assessment if the person is already covered
by such an order, has recently completed an assessment under such an order, or is
participating in a TAD program. The bill specifies that if a person is participating
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DOJ, regardless of its status relating to the TAD program, the court does not need
to order an assessment.
The bill provides an additional $15,522,000 of funding for TAD programs in the
2023-25 fiscal biennium.
Community policing and community prosecution grant program
The bill provides $20,000,000 in grant funding in the 2023-25 fiscal biennium
through DOJ to support community policing and community prosecution. In
awarding the grants, DOJ may consider the use of hot-spot policing practices to
address the needs of the community.
Violence prevention grants
The bill provides $10,000,000 in grant funding in the 2023-25 fiscal biennium
through DOJ for violence prevention programs. Under the bill, DOJ must consult
with DHS to determine grant awards.
Becky Young recidivism reduction
The bill increases by $5,000,000 in each fiscal year of the 2023-25 biennium the
funding for community services established by DOC that have the goals of increasing
public safety, reducing the risk that offenders on community supervision will
reoffend, and reducing recidivism among people who are on probation, parole, or
extended supervision.
Increasing position authorizations for Department of Justice programs
The bill authorizes DOJ to create the following positions:
1. Five additional positions for the alternatives to prosecution and
incarceration grant program.
2. Two additional positions for law enforcement officer training and wellness
initiatives.
3. Four additional positions for law enforcement toxicology services.
4. Two new investigators in the Division of Criminal Investigation.
5. Two additional assistant attorney general positions to prosecute violent
crimes.
6. Two positions for the Task Force on Missing and Murdered Indigenous
Women.
MISCELLANEOUS
Mental health and substance use services
Currently, DHS must award crisis program enhancement grants to counties or
multicounty regions to establish crisis programs to serve individuals having crises
in rural areas or counties, municipalities, or regions composed of multiple counties
or municipalities to establish and enhance law enforcement and behavioral health
services emergency response collaboration programs. Grant recipients must match
at least 25 percent of the grant awarded. The bill eliminates the matching
requirement and increases the amount of funding for the program from $250,000 per
fiscal biennium of general purpose revenue to $15,000,000 per fiscal biennium.
Additionally, the bill increases general purpose revenue funding for grants for
mental health and substance use services grants and programs, including peer-run
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Hate crimes reporting portal
This bill requires DOJ to develop an Internet-based reporting system and a
telephone hotline for the reporting of hate crimes. Under the bill, DOJ must conduct
a public education campaign on hate crimes and where to report them and must
collect data relating to the reporting of hate crimes. Under the bill, DOJ is required
to submit a biennial report to the legislature on the reporting of hate crimes.
Higher education and special education funding; maintenance of effort
The bill provides additional funding for higher education and for special
education aid the Department of Public Instruction pays to school districts,
independent charter schools, cooperative educational service agencies, and county
children with disabilities education boards, for purposes of maintaining compliance
with maintenance of effort requirements of the federal Consolidated Appropriations
Act and the federal American Rescue Plan Act.
Statute of limitations after discovery of DNA evidence
The bill changes the applicable time limits on prosecution when DNA evidence
implicates an individual in the commission of a felony.
Under current law, prosecution for a felony generally must be commenced
within six years of the commission of the felony, and prosecution of a misdemeanor
must be commenced within three years of the commission of the misdemeanor.
Certain crimes have a longer time limit on prosecutions, and prosecution for certain
crimes, such as homicide, may be commenced at any time.
Under current law, if, within the applicable time limit on prosecution or, if there
is no time limit on prosecution, within six years of the commission of a felony, a DNA
sample is collected that implicates a person in the commission of a felony, the state
may commence prosecution of the person who is the source of the biological material
for the felony or a crime that is related to the felony within 12 months after the DNA
analysis results in a probable identification of the person or within the applicable
time limit on prosecution, whichever is latest.
Under the bill, the statute of limitations is reset at the time a person is
implicated in the commission of a felony by DNA evidence. Under the bill, the state
may commence prosecution of the person for the felony or a crime related to the felony
within the applicable statute of limitations beginning on the day that the person is
implicated in the crime by DNA evidence.
Fraud scheme
The bill creates a new crime of fraud scheme. Under current law, obtaining title
to property of another person by intentionally deceiving the person is a type of theft.
Under current law, multiple thefts may be charged as one offense if they are part of
a single deceptive scheme. The bill creates a new crime that combines these concepts
for circumstances when a single deceptive scheme results in theft by fraud.
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. - 11 -2023 - 2024 Legislature
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For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 6.47 (1) (b) of the statutes is amended to read:
6.47 (1) (b) “Offense relating to domestic abuse, sexual assault, or stalking"
means an offense specified in s. 940.19, 940.20 (1m), 940.201, 940.22, 940.225,
940.235, 940.32, 940.43 (2m) (a) to (c) or (3m), 940.44 (2m) (a) to (c), 947.013, 948.02,
948.025, 948.06, 948.085, 948.09, or 948.095.
SECTION 2. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
the following amounts for the purposes indicated:
2023-24 2024-25
20.455 Justice, department of
(2) LAW ENFORCEMENT SERVICES
(cs)Community policing and commu
nity prosecution grant programGPR A 10,000,000 10,000,000
(ct)Officer recruitment, retention,
and wellness grant program GPR A 5,000,000 5,000,000
(dm) Violence prevention grants GPR A 5,000,000 5,000,000
(5) VICTIMS AND WITNESSES
(dm)Address confidentiality programGPR A 180,200 180,100
SECTION 3. 20.455 (2) (cs) of the statutes is created to read:
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20.455 (2) (cs) Community policing and community prosecution grant program.
The amounts in the schedule for the community policing and community prosecution
grant program under 2023 Wisconsin Act .... (this act), section 165 (3).
SECTION 4. 20.455 (2) (cs) of the statutes, as created by 2023 Wisconsin Act ....
(this act), is repealed.
SECTION 5. 20.455 (2) (ct) of the statutes is created to read:
20.455 (2) (ct) Officer recruitment, retention, and wellness grant program. The
amounts in the schedule for the officer recruitment, retention, and wellness grant
program under 2023 Wisconsin Act .... (this act), section 165 (4).
SECTION 6. 20.455 (2) (ct) of the statutes, as created by 2023 Wisconsin Act ....
(this act), is repealed.
SECTION 7. 20.455 (2) (dm) of the statutes is created to read:
20.455 (2) (dm) Violence prevention grants. The amounts in the schedule for
the violence prevention grant program under 2023 Wisconsin Act .... (this act),
section 165 (2).
SECTION 8. 20.455 (2) (dm) of the statutes, as created by 2023 Wisconsin Act
.... (this act), is repealed.
SECTION 9. 20.455 (2) (em) (title) of the statutes is amended to read:
20.455 (2) (em) (title) Alternatives Grants for alternatives to prosecution and
incarceration for persons who use alcohol or other drugs; presentencing assessments.
SECTION 10. 20.455 (2) (gr) of the statutes is amended to read:
20.455 (2) (gr) Handgun Firearm purchaser record check; checks for licenses or
certifications to carry concealed weapons. All moneys received as fee payments under
ss. 175.35 (2i) (a), 175.49 (5m), and 175.60 (7) (c) and (d), (13), and (15) (b) 4. a. and
b. to provide services under ss. 175.35, 175.49, and 175.60.
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SECTION 11. 20.455 (5) (dm) of the statutes is created to read:
20.455 (5) (dm) Address confidentiality program. The amounts in the schedule
for the address confidentiality program under s. 165.68.
SECTION 12. 46.48 (31) of the statutes is amended to read:
46.48 (31) PEER RUN RESPITE CENTERS. The department may distribute not more
than $1,200,000 in each fiscal year, beginning in fiscal year 2014-15, grants to
regional peer run respite centers for individuals with mental health and substance
abuse concerns.
SECTION 13. 46.536 (1) of the statutes is amended to read:
46.536 (1) From the appropriation under s. 20.435 (5) (cf), the department shall
award grants in the total amount of $250,000 $15,000,000 in each fiscal biennium
to counties or regions comprised of multiple counties to establish or enhance crisis
programs to serve individuals having crises in rural areas or counties,
municipalities, or regions comprised of multiple counties or municipalities to
establish and enhance law enforcement and behavioral health services emergency
response collaboration programs. Grant recipients under this section shall match at
least 25 percent of the grant amount awarded for the purpose that the grant is
received. The department may not award any single grant in an amount greater
than $100,000.
SECTION 14. 48.685 (2) (bb) of the statutes is amended to read:
48.685 (2) (bb) If information obtained under par. (am), (b), or (ba) indicates a
charge of a serious crime, but does not completely and clearly indicate the final
disposition of the charge, the department, county department, child welfare agency,
or entity shall make every reasonable effort to contact the clerk of courts to determine
the final disposition of the charge. If a background information form under sub. (6)
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(a) or (am) indicates a charge or a conviction of a serious crime, but information
obtained under par. (am), (b), or (ba) does not indicate such a charge or conviction,
the department, county department, child welfare agency, or entity shall make every
reasonable effort to contact the clerk of courts to obtain a copy of the criminal
complaint and the final disposition of the complaint. If information obtained under
par. (am), (b), or (ba), a background information form under sub. (6) (a) or (am), or
any other information indicates a conviction of a violation of s. 940.19 (1), 940.195,
940.20, 940.202, 940.204, 941.30, 942.08, 947.01 (1), or 947.013 obtained not more
than 5 years before the date on which that information was obtained, the
department, county department, child welfare agency, or entity shall make every
reasonable effort to contact the clerk of courts to obtain a copy of the criminal
complaint and judgment of conviction relating to that violation.
SECTION 15. 48.685 (5) (bm) 4. of the statutes is amended to read:
48.685 (5) (bm) 4. A violation of s. 940.19 (3), 1999 stats., or of s. 125.075 (1),
125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3), 125.68 (12), 940.09, 940.19 (2), (4), (5),
or (6), 940.20, 940.202, 940.203, 940.204, 940.205, 940.207, or 940.25, 940.43 (2m)
(a) or (3m), or 940.44 (2m) (a), a violation of s. 346.63 (1), (2), (5), or (6) that is a felony
under s. 346.65 (2) (am) 4. to 7., or (f), (2j) (d), or (3m), or an offense under ch. 961 that
is a felony, if committed not more than 5 years before the date of the investigation
under sub. (2) (am).
SECTION 16. 48.686 (1) (c) 9. of the statutes, as affected by 2023 Wisconsin Act
10, is amended to read:
48.686 (1) (c) 9. A violation of s. 125.075 (1), 125.085 (3) (a) 2., 125.105 (2) (b),
125.66 (3), 125.68 (12), 940.09, 940.19 (2), (4), (5), or (6), 940.20, 940.202, 940.203,
940.204, 940.205, 940.207, 940.25, or 943.231 (1), a violation of s. 346.63 (1), (2), (5),
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or (6) that is a felony under s. 346.65 (2) (am) 4., 5., 6., or 7. or (f), (2j) (d), or (3m), or
an offense under ch. 961 that is a felony.
SECTION 17. 48.686 (1) (c) 12. of the statutes is amended to read:
48.686 (1) (c) 12. A violation of the laws of another state or United States
jurisdiction that if committed in this state would constitute felony battery under s.
940.19 (2), (4), (5), or (6), 940.20, 940.202, or 940.204, a felony offense of domestic
abuse, as defined in s. 813.12 (1) (am), a sex offense or a violent crime under ch. 948,
or a violation of s. 940.225 if the victim was a child.
SECTION 18. 48.686 (2) (bb) of the statutes is amended to read:
48.686 (2) (bb) If information obtained under par. (am) indicates a charge of a
serious crime, but does not completely and clearly indicate the final disposition of the
charge, the department shall make every reasonable effort to contact the clerk of
courts to determine the final disposition of the charge. If information submitted to
the department under par. (ag) indicates a charge or a conviction of a serious crime,
but information obtained under par. (am) does not indicate such a charge or
conviction, the department shall make every reasonable effort to contact the clerk
of courts to obtain a copy of the criminal complaint and the final disposition of the
complaint. If information obtained under par. (am), information submitted under
par. (ag), or any other information indicates a conviction of a violation of s. 940.19 (1),
940.195, 940.20, 940.202, 940.204, 941.30, 942.08, 947.01 (1), or 947.013 obtained
not more than 5 years before the date on which that information was obtained, the
department shall make every reasonable effort to contact the clerk of courts to obtain
a copy of the criminal complaint and judgment of conviction relating to that violation.
SECTION 19. 50.065 (2) (bb) of the statutes is amended to read:
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50.065 (2) (bb) If information obtained under par. (am) or (b) indicates a charge
of a serious crime, but does not completely and clearly indicate the final disposition
of the charge, the department or entity shall make every reasonable effort to contact
the clerk of courts to determine the final disposition of the charge. If a background
information form under sub. (6) (a) or (am), or any disclosure made pursuant to a
disclosure policy described under sub. (6) (am), indicates a charge or a conviction of
a serious crime, but information obtained under par. (am) or (b) does not indicate
such a charge or conviction, the department or entity shall make every reasonable
effort to contact the clerk of courts to obtain a copy of the criminal complaint and the
final disposition of the complaint. If information obtained under par. (am) or (b), a
background information form under sub. (6) (a) or (am), any disclosure made
pursuant to a disclosure policy described under sub. (6) (am), or any other
information indicates a conviction of a violation of s. 940.19 (1), 940.195, 940.20,
940.202, 940.204, 941.30, 942.08, 947.01 (1), or 947.013 obtained not more than 5
years before the date on which that information was obtained, the department or
entity shall make every reasonable effort to contact the clerk of courts to obtain a
copy of the criminal complaint and judgment of conviction relating to that violation.
SECTION 20. 165.63 (3) of the statutes is amended to read:
165.63 (3) REQUESTS FROM COURTS. In making a determination required under
s. 813.124 (7) (a), 813.1285 (7) (a), or 968.20 (1m) (d) 1., a judge or court commissioner
shall request information under sub. (2) from the department or from a law
enforcement agency or law enforcement officer as provided in sub. (4) (d).
SECTION 21. 165.63 (4) (d) of the statutes is amended to read:
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165.63 (4) (d) Aid the court in making a determination required under s.
813.124 (7) (a), 813.1285 (7) (a), or 968.20 (1m) (d) 1. or aid an entity in making a
determination required under s. 968.20 (1m) (d) 2.
SECTION 22. 165.70 (1) (b) of the statutes is amended to read:
165.70 (1) (b) Except as provided in sub. (1m), enforce chs. 945 and 961 and ss.
940.20 (3), 940.201, 940.202, 940.43 (3m), 941.25, 941.26, 943.01 (2) (c), 943.011,
943.27, 943.28, 943.30, 944.30 (1m), 944.31, 944.32, 944.33, 944.34, 946.65, 947.02
(3) and (4), 948.075, 948.08, and 948.081.
SECTION 23. 165.73 of the statutes is created to read:
165.73 Hate crimes reporting. (1) In this section, “hate crime” means an
act described under s. 939.645 (1).
(2) The department of justice shall provide a publicly accessible
Internet-based reporting system and a telephone hotline for the reporting of hate
crimes. The department of justice shall ensure that the reporting system and hotline
do all of the following:
(a) Relay a report of a hate crime to the appropriate employee of the department
or law enforcement officer for investigation.
(b) Direct individuals to appropriate local support services.
(c) Maintain confidentiality for any personally identifiable information that an
individual provides through the reporting system or hotline, except as needed for
investigative, legal, or crime victims service purposes.
(d) Are staffed by individuals who are trained to be knowledgeable about
applicable federal, state, and local hate crime laws and law enforcement and support
services.
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SECTION 23 ASSEMBLY BILL 1192
(3) The department of justice shall collaborate with community organizations
to provide a public education campaign to raise awareness of hate crimes and to
promote the reporting of hate crimes using the reporting system and hotline
described in sub. (2).
(4) The department of justice shall collect data on hate crime reporting under
sub. (2).
(5) The department of justice shall, biennially, submit a report to the
appropriate standing committees of the legislature under s. 13.172 (3) on the
department's activities under this section.
SECTION 24. 165.84 (7) (ab) 1. of the statutes, as affected by 2023 Wisconsin Act
10, is amended to read:
165.84 (7) (ab) 1. A felony violation of s. 940.01, 940.05, 940.198 (2), 940.21,
940.225 (1), (2), or (3), 940.235, 940.30, 940.302 (2), 940.305, 940.31, 940.32 (2), (2e),
or (2m), 940.43, 940.45 (1m) or (2m), 940.44, 941.20, 941.21, 941.327, 943.02, 943.06,
943.10, 943.23 (2), 943.231 (1), 943.32, 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c)
or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.07, 948.08, 948.085, 948.095,
or 948.30 (2).
SECTION 25. 165.84 (7) (ab) 2. of the statutes is amended to read:
165.84 (7) (ab) 2. A felony violation of s. 940.02, 940.03, 940.06, 940.07, 940.08,
940.09 (1c), 940.10, 940.19 (2), (4), (5), or (6), 940.195 (2), (4), (5), or (6), 940.20,
940.201 (2) 940.202, 940.203 (2), 940.204, 940.205 (2), 940.207 (2), 940.208, 940.23,
940.43 (3m), 941.30, or 948.03 (3) or (5) (a) 4.
SECTION 26. 165.95 (title) of the statutes is amended to read:
165.95 (title) Alternatives to prosecution and incarceration; grant
program.
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SECTION 27. 165.95 (1) (ac) of the statutes is created to read:
165.95 (1) (ac) “Evidence-based practice" means a practice that has been
developed using research to determine its efficacy for achieving positive measurable
outcomes, including reducing recidivism and increasing public safety.
SECTION 28. 165.95 (2) of the statutes, as affected by 2023 Wisconsin Act 19,
is amended to read:
165.95 (2) The department of justice shall make grants to counties and to tribes
to enable them to establish and operate programs, including suspended and deferred
prosecution programs and programs based on principles of restorative justice, that
provide alternatives to prosecution and incarceration for criminal offenders who
abuse alcohol or other drugs. The department of justice shall make the grants from
the appropriations under s. 20.455 (2) (em), (jd), (kn), and (kv). The department of
justice shall collaborate with the department of corrections and the department of
health services in establishing this grant program.
SECTION 29. 165.95 (2r) of the statutes is amended to read:
165.95 (2r) Any county or tribe that receives a grant under this section on or
after January 1, 2012, shall provide matching funds that are equal to 25 10 percent
of the amount of the grant.
SECTION 30. 165.95 (3) (a) of the statutes is repealed.
SECTION 31. 165.95 (3) (ag) of the statutes is created to read:
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.
SECTION 32. 165.95 (3) (b) of the statutes is amended to read:
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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.
SECTION 33. 165.95 (3) (bd) of the statutes is created to read:
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.
SECTION 34. 165.95 (3) (cm) 2. of the statutes is created to read:
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.
SECTION 35. 165.95 (3) (d) of the statutes is amended to read:
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.
SECTION 36. 165.95 (3) (e) of the statutes is amended to read:
165.95 (3) (e) The program uses graduated sanctions and incentives to promote
successful substance abuse treatment success.
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SECTION 37. 165.95 (3) (g) of the statutes is amended to read:
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.
SECTION 38. 165.95 (3) (h) of the statutes is amended to read:
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.
SECTION 39. 165.95 (3) (i) of the statutes is renumbered 165.95 (3d) and
amended to read:
165.95 (3d) The A program requires that receives a grant under this section
may require participants to pay a reasonable amount for their treatment, based on
their income and available assets, and pursues and uses all possible resources
available through insurance and federal, state, and local aid programs, including
cash, vouchers, and direct services.
SECTION 40. 165.95 (3) (j) of the statutes is amended to read:
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
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SECTION 40 ASSEMBLY BILL 1192
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.
SECTION 41. 165.95 (3) (k) of the statutes is amended to read:
165.95 (3) (k) The county or tribe complies with other eligibility requirements
established by the department of justice to promote the objectives listed in pars. (a)
and (b) this subsection.
SECTION 42. 165.95 (5) (a) of the statutes is renumbered 165.95 (3) (cm) (intro.)
and amended to read:
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:
1. If the program is administered by a county, or by a county and a tribe
pursuant to sub. (6), 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
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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.
SECTION 43. 165.95 (5) (b) of the statutes is renumbered 165.95 (5) (ag) and
amended to read:
165.95 (5) (ag) A county or tribe that receives a grant under this section 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).
SECTION 44. 165.95 (5m) of the statutes is repealed.
SECTION 45. 165.95 (6) of the statutes is amended to read:
165.95 (6) A county or tribe may, with one or more other counties or tribes,
jointly apply for and receive a grant under this section. 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 criminal justice oversight
committee established under sub. (5) (a) identified in sub. (3) (cm) shall consist of
representatives from each county or tribe that participates in the program.
SECTION 46. 165.95 (7) of the statutes is amended to read:
165.95 (7) Grants provided under this section shall be provided on a calendar
year basis beginning on January 1, 2007. If the department of justice decides to make
a grant to a county or tribe under this section, the department of justice shall notify
the county or tribe of its decision and the amount of the grant no later than
September 1 of the year preceding the year for which the grant will be made.
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SECTION 47. 165.95 (7m) of the statutes is amended to read:
165.95 (7m) Beginning in fiscal year 2012-13 2023-24, the department of
justice shall, every 5 4 years, make grants under this section available to any county
or tribe on a competitive basis. A county or tribe may apply for a grant under this
subsection regardless of whether the county or tribe has received a grant previously
under this section.
SECTION 48. 175.33 of the statutes is created to read:
175.33 Transfer of firearms. (1) In this section:
(a) “Family member" means a spouse, parent, grandparent, sibling, child, or
grandchild. The relationship may be by blood, marriage, or adoption.
(b) “Firearm” includes the frame or receiver of a firearm.
(c) “Firearms dealer" has the meaning given in s. 175.35 (1) (ar).
(d) “Transfer” has the meaning given in s. 175.35 (1) (br).
(2) No person may transfer ownership of a firearm, or be transferred ownership
of a firearm, unless one of the following applies:
(a) The transferor is a firearms dealer.
(b) The transferor makes the transfer to or through a firearms dealer and
obtains a receipt under s. 175.35 (2j) (b).
(c) The transfer of ownership of the firearm is one of the transfers listed under
s. 175.35 (2t).
(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 state or federal law, and the transferee is at least 18 years of age.
(e) The transferor is transferring the firearm with the intent that the transfer
is for the purpose of hunting or target shooting if the transfer is for no longer than
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14 days, the transferor did not receive in exchange for the transfer more than
nominal consideration, the transferee is not prohibited from possessing a firearm
under state or federal law, and the transfer is not otherwise prohibited by law.
(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.
SECTION 49. 175.35 (title) of the statutes is amended to read:
175.35 (title) Purchase Transfer of handguns firearms.
SECTION 50. 175.35 (1) (at) of the statutes is amended to read:
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. “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
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a search to determine whether the person is prohibited from possessing a firearm
under s. 813.123 (5m) or 813.125 (4m).
SECTION 51. 175.35 (1) (at) of the statutes, as affected by 2023 Wisconsin Act
.... (this act), is amended to read:
175.35 (1) (at) “Firearms restrictions record search" means a search of
department of justice records to determine whether a person seeking to purchase be
transferred a handgun firearm is prohibited from possessing a firearm under s.
941.29. “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).
SECTION 52. 175.35 (1) (b) of the statutes is repealed.
SECTION 53. 175.35 (1) (br) of the statutes is created to read:
175.35 (1) (br) “Transfer” includes to sell, assign, pledge, lease, loan, give away,
or otherwise dispose of.
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SECTION 54. 175.35 (2) (intro.) of the statutes is renumbered 175.35 (2) (am)
and amended to read:
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.
SECTION 55. 175.35 (2) (a), (b), (c) and (d) of the statutes are renumbered 175.35
(2) (cm) 1., 2., 3. and 4.
SECTION 56. 175.35 (2) (bm) of the statutes is created to read:
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.
SECTION 57. 175.35 (2) (cm) (intro.) of the statutes is created to read:
175.35 (2) (cm) (intro.) All of the following must occur before a transfer of a
firearm occurs under par. (am) or (bm):
SECTION 58. 175.35 (2g) (a) of the statutes is amended to read:
175.35 (2g) (a) The department of justice shall promulgate rules prescribing
procedures for use under sub. (2) (cm) 1. for a transferee to provide and a firearms
dealer to inspect identification containing a photograph of the transferee.
SECTION 59. 175.35 (2g) (b) 1. of the statutes is amended to read:
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
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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.
SECTION 60. 175.35 (2g) (b) 2. of the statutes is amended to read:
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.
SECTION 61. 175.35 (2i) of the statutes is renumbered 175.35 (2i) (a) and
amended to read:
175.35 (2i) (a) The department shall charge a firearms dealer a $10 fee for each
firearms restrictions record search that the firearms dealer requests under sub. (2)
(c) (cm) 3.
(b) 1. The firearms dealer may collect the fee under par. (a) from the transferee.
(c) The department may refuse to conduct firearms restrictions record searches
for any firearms dealer who fails to pay any fee under this subsection par. (a) within
30 days after billing by the department.
SECTION 62. 175.35 (2i) (b) 2. of the statutes is created to read:
175.35 (2i) (b) 2. If the transfer is made under sub. (2) (bm), the firearms dealer
may collect from the transferor the fee under par. (a) and any additional amount to
cover any costs he or she incurs in processing the transfer.
SECTION 63. 175.35 (2j) of the statutes is renumbered 175.35 (2j) (a).
SECTION 64. 175.35 (2j) (b) of the statutes is created to read:
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175.35 (2j) (b) If a person transfers a firearm through a firearms dealer under
sub. (2) (bm), or transfers a firearm to a firearms dealer, the firearms dealer shall
provide the person a written receipt documenting the dealer's participation in the
transfer.
SECTION 65. 175.35 (2k) (ar) 2. of the statutes is amended to read:
175.35 (2k) (ar) 2. Check each notification form received under sub. (2j) (a)
against the information recorded by the department regarding the corresponding
request for a firearms restrictions record search under sub. (2g). If the department
previously provided a unique approval number regarding the request and nothing
in the completed notification form indicates that the transferee is prohibited from
possessing a firearm under s. 941.29, the department shall destroy all records
regarding that firearms restrictions record search within 30 days after receiving the
notification form.
SECTION 66. 175.35 (2k) (c) 2. a. of the statutes is amended to read:
175.35 (2k) (c) 2. a. A statement that the Wisconsin law enforcement agency
is conducting an investigation of a crime in which a handgun firearm was used or was
attempted to be used or was unlawfully possessed.
SECTION 67. 175.35 (2k) (c) 2. b. of the statutes is amended to read:
175.35 (2k) (c) 2. b. A statement by a division commander or higher authority
within the Wisconsin law enforcement agency that he or she has a reasonable
suspicion that the person who is the subject of the information request has obtained
or is attempting to obtain a handgun firearm.
SECTION 68. 175.35 (2k) (cm) of the statutes is created to read:
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175.35 (2k) (cm) The department of justice may forward a final transaction
status to the national instant criminal background check system in accordance with
applicable federal regulations.
SECTION 69. 175.35 (2k) (g) of the statutes is amended to read:
175.35 (2k) (g) If a search conducted under sub. (2g) indicates that the
transferee is prohibited from possessing a firearm under s. 941.29 or 18 USC 922, the
attorney general or his or her designee may disclose to a law enforcement agency that
the transferee has attempted to obtain a handgun.
SECTION 70. 175.35 (2k) (g) of the statutes, as affected by 2023 Wisconsin Act
.... (this act), is amended to read:
175.35 (2k) (g) If a search conducted under sub. (2g) indicates that the
transferee is prohibited from possessing a firearm under s. 941.29 or 18 USC 922, the
attorney general or his or her designee may disclose to a law enforcement agency that
the transferee has attempted to obtain a handgun firearm.
SECTION 71. 175.35 (2k) (gm) of the statutes is created to read:
175.35 (2k) (gm) If the circumstances surrounding a search conducted under
sub. (2g) indicate a potential violation of s. 941.2905 (1), the attorney general or his
or her designee may disclose to a law enforcement agency any information sufficient
for the law enforcement agency to conduct an investigation of the potential violation.
SECTION 72. 175.35 (2k) (h) of the statutes is amended to read:
175.35 (2k) (h) If a search conducted under sub. (2g) indicates a felony charge
without a recorded disposition and the attorney general or his or her designee has
reasonable grounds to believe the transferee may pose a danger to himself, herself
or another, the attorney general or his or her designee may disclose to a law
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enforcement agency that the transferee has obtained or has attempted to obtain a
handgun firearm.
SECTION 73. 175.35 (2L) of the statutes is amended to read:
175.35 (2L) The department of justice shall promulgate rules providing for the
review of nonapprovals under sub. (2g) (c) 4. a. Any person who is denied the right
to purchase receive a transfer of a handgun firearm because the firearms dealer
received a nonapproval number under sub. (2g) (c) 4. a. may request a firearms
restrictions record search review under those rules. If the person disagrees with the
results of that review, the person may file an appeal under rules promulgated by the
department.
SECTION 74. 175.35 (2t) (a), (b) and (c) of the statutes are amended to read:
175.35 (2t) (a) Transfers of any handgun firearm classified as an antique by
regulations of the U.S. department of the treasury.
(b) Transfers of any handgun firearm between firearms dealers or between
wholesalers and dealers.
(c) Transfers of any handgun firearm to law enforcement or armed services
agencies.
SECTION 75. 175.35 (3) (b) 2. of the statutes is amended to read:
175.35 (3) (b) 2. A person who violates sub. (2e) by intentionally providing false
information regarding whether he or she is purchasing receiving a transfer of the
firearm with the purpose or intent to transfer the firearm to another who the person
knows or reasonably should know is prohibited from possessing a firearm under
state or federal law is guilty of a Class H felony. The penalty shall include a fine that
is not less than $500.
SECTION 76. 175.60 (7) (d) of the statutes is amended to read:
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175.60 (7) (d) A fee for a background check that is equal to the fee charged under
s. 175.35 (2i) (a).
SECTION 77. 175.60 (9g) (a) 2. of the statutes is amended to read:
175.60 (9g) (a) 2. The department shall conduct a criminal history record
search and shall search its records and conduct a search in the national instant
criminal background check system to determine whether the applicant is prohibited
from possessing a firearm under federal law; whether the applicant is prohibited
from possessing a firearm under s. 941.29; whether the applicant is prohibited from
possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats.; whether the applicant
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); whether the applicant 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); whether
the applicant is subject to a temporary restraining order or injunction under s.
813.124; and whether the applicant is prohibited from possessing a firearm under
s. 813.123 (5m) or 813.125 (4m); and to determine if the court has prohibited the
applicant from possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03 (1)
(c) and if the applicant is prohibited from possessing a dangerous weapon as a
condition of release under s. 969.01.
SECTION 78. 175.60 (11) (a) 2. f. of the statutes is amended to read:
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175.60 (11) (a) 2. f. The individual becomes subject to an a temporary
restraining order or injunction described in s. 941.29 (1m) (f) or is ordered not to
possess a firearm under s. 813.123 (5m) or 813.125 (4m).
SECTION 79. 175.60 (15) (b) 4. b. of the statutes is amended to read:
175.60 (15) (b) 4. b. A fee for a background check that is equal to the fee charged
under s. 175.35 (2i) (a).
SECTION 80. 301.048 (2) (bm) 1. a. of the statutes, as affected by 2023 Wisconsin
Act 10, is amended to read:
301.048 (2) (bm) 1. a. A crime specified in s. 940.19 (3), 1999 stats., s. 940.195
(3), 1999 stats., s. 943.23 (1m), 1999 stats., s. 943.23 (1r), 1999 stats., or s. 943.23 (1g),
2021 stats., or s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10,
940.19 (4) or (5), 940.195 (4) or (5), 940.198 (2), 940.20, 940.201 940.202, 940.203,
940.204, 940.21, 940.225 (1) to (3), 940.23, 940.235, 940.285 (2) (a) 1. or 2., 940.29,
940.295 (3) (b) 1g., 1m., 1r., 2., or 3., 940.31, 940.43 (1) to (3), 940.45 (1) to (3) (2m)
(a) to (c) or (3m), 940.44 (2m) (a) to (c), 941.20 (2) or (3), 941.26, 941.30, 941.327,
943.01 (2) (c), 943.011, 943.013, 943.02, 943.04, 943.06, 943.10 (2), 943.231 (1),
943.30, 943.32, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05,
948.051, 948.06, 948.07, 948.08, 948.085, or 948.30.
SECTION 81. 302.43 of the statutes is amended to read:
302.43 Good time. Every inmate of a county jail is eligible to earn good time
in the amount of one-fourth of his or her term for good behavior if sentenced to at
least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit
for time served prior to sentencing under s. 973.155, including good time under s.
973.155 (4). An inmate who violates any law or any regulation of the jail, or neglects
or refuses to perform any duty lawfully required of him or her, may be deprived by
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the sheriff of good time under this section, except that the sheriff shall not deprive
the inmate of more than 2 days good time for any one offense without the approval
of the court. An inmate who files an action or special proceeding, including a petition
for a common law writ of certiorari, to which s. 807.15 applies shall be deprived of
the number of days of good time specified in the court order prepared under s. 807.15
(3). This section does not apply to a person who is confined in the county jail in
connection with his or her participation in a substance abuse treatment program
that meets the requirements of s. 165.95 (3), as determined by the department of
justice under s. 165.95 (9) and (10).
SECTION 82. 767.461 (4) of the statutes is amended to read:
767.461 (4) A term of incarceration, extended supervision, parole, or probation
for a violation of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10,
940.19, 940.195, 940.20, 940.201 (2) 940.202, 940.203 (2), 940.204, 940.225 (1), (2),
or (3), 940.23, 940.235, 940.24 (1), 940.30, 940.302 (2), 940.305, 940.31, 940.32 (2),
(2e), or (2m), 940.42, 940.43, 940.44, 940.45, 941.20, 941.29, 941.30, 941.39, 943.011
(2), 947.012, 947.013, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.051,
948.055, 948.06, 948.07, 948.08, 948.085, 948.095, 948.30, 948.55, or 951.02 or any
felony to which the penalty enhancer under s. 939.621 could be imposed, for a
violation of a 72-hour no contact order under s. 968.075 (5), for a violation of a
domestic abuse restraining order, child abuse restraining order, or harassment
restraining order, or for a violation to which a penalty enhancer for the use of a
dangerous weapon is applied.
SECTION 83. 801.50 (5sb) of the statutes is created to read:
801.50 (5sb) Venue of an action under s. 813.124 shall be in the county in which
the cause of action arose or where the petitioner or the respondent resides.
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SECTION 84. 801.58 (2m) of the statutes is amended to read:
801.58 (2m) If, under sub. (2), the judge determines that the request for
substitution was made timely and in proper form, any ex parte order granted by the
original judge remains in effect according to the terms, except that a temporary
restraining order issued under s. 813.12 (3), 813.122 (4), 813.123 (4), 813.124 (2t), or
813.125 (3) by the original judge is extended until the newly assigned judge holds a
hearing on the issuance of an injunction. The newly assigned judge shall hear any
subsequent motion to modify or vacate any ex parte order granted by the original
judge.
SECTION 85. 813.06 of the statutes is amended to read:
813.06 Security for damages. In proceedings under s. 767.225 the court or
judge may, and in all other proceedings except proceedings under ss. 813.12, 813.122,
813.124, 813.125 and 823.113 the court or judge shall, require a bond of the party
seeking an injunction, with sureties, to the effect that he or she will pay to the party
enjoined such damages, not exceeding an amount to be specified, as he or she may
sustain by reason of the injunction if the court finally decides that the party was not
entitled thereto. Copies of such bond, affidavit or other pleading shall be served upon
the party enjoined and the officer serving the same shall, within 8 days after such
service, file his or her return in the office of the clerk of the court.
SECTION 86. 813.124 of the statutes is created to read:
813.124 Extreme risk protection temporary restraining orders and
injunctions. (1) DEFINITIONS. In this section:
(a) “Family or household member” means any of the following:
1. A person related by blood, adoption, or marriage to the respondent.
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2. A person with whom the respondent has or had a dating relationship, as
defined in s. 813.12 (1) (ag), or with whom the respondent has a child in common.
3. A person who resides with, or within the 6 months before filing a petition,
had resided with, the respondent.
4. A domestic partner under ch. 770 of the respondent.
5. A person who is acting or has acted as the respondent's legal guardian or who
is or was a foster parent or other physical custodian described in s. 48.62 (2) of the
respondent.
6. A person for whom the respondent is acting or has acted as a legal guardian
or for whom the respondent is or was a foster parent or other physical custodian
described in s. 48.62 (2).
(b) “Firearms dealer" has the meaning given in s. 175.35 (1) (ar).
(c) “Law enforcement officer” has the meaning given in s. 165.85 (2) (c).
(2) COMMENCEMENT OF ACTION AND RESPONSE. No action under this section may
be commenced by complaint and summons. An action under this section may be
commenced only by a petition described under sub. (4) (a).
(2m) PROCEDURE. Procedure for an action under this section is as follows:
(a) If the petitioner requests an extreme risk protection temporary restraining
order, the court shall consider the request as provided under sub. (2t). If the court
issues a temporary restraining order, the court shall set forth the date, that must be
within 14 days of issuing the temporary restraining order, for the hearing on the
injunction and shall forward a copy of the temporary restraining order, the
injunction hearing date, and the petition to the appropriate law enforcement agency
with jurisdiction over the respondent's residence. The law enforcement agency shall
immediately, or as soon as practicable, serve the petition on the respondent. If
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personal service cannot be effected upon the respondent, the court may order other
appropriate service.
(b) The court shall hold a hearing under sub. (3) on whether to issue an extreme
risk protection injunction, which is the final relief. If there was no temporary
restraining order, the respondent shall be served notice of the petition by a law
enforcement officer and the date for the hearing shall be set upon motion by either
party. If personal service cannot be effected upon the respondent, the court may
order other appropriate service. The service shall include the name of the respondent
and of the petitioner, and, if known, notice of the date, time, and place of the
injunction hearing.
(c) When the respondent is served under this subsection, the respondent shall
be provided notice of the requirements and penalties under s. 941.29.
(2t) EXTREME RISK PROTECTION TEMPORARY RESTRAINING ORDER. (a) A judge shall
issue an extreme risk protection temporary restraining order under this subsection
prohibiting the respondent from possessing a firearm and ordering the respondent
to surrender all firearms in the respondent's possession if all of the following occur:
1. A petitioner files a petition alleging the elements under sub. (4) (a), and
requests a temporary restraining order. The petition requesting a temporary
restraining order shall be heard by the court in an expedited manner. The court shall
examine under oath the petitioner and any witness the petitioner may produce or
may rely on an affidavit submitted in support of the petition.
2. The judge finds all of the following:
a. Substantial likelihood that the petition for an injunction will be successful.
b. Good cause to believe that there is an immediate and present danger that
the respondent may injure himself or herself or another person if the respondent
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possesses a firearm and that waiting for the injunction hearing may increase the
immediate and present danger.
(b) A temporary restraining order issued under this subsection shall remain
in effect until a hearing is held on issuance of an injunction under sub. (3). Notice
need not be given to the respondent before issuing a temporary restraining order
under this subsection. A temporary restraining order may be entered only against
the respondent named in the petition and may not be renewed or extended.
(c) A temporary restraining order issued under this subsection shall inform the
respondent named in the petition of the requirements and penalties under s. 941.29.
(d) A temporary restraining order issued under par. (a) shall require one of the
following:
1. If a law enforcement officer is able to personally serve the respondent with
the order, the officer to require the respondent to immediately surrender all firearms
in the respondent's possession.
2. If a law enforcement officer is not able to personally serve the respondent
with the order, the respondent to, within 24 hours of service, surrender all firearms
in the respondent's possession to a law enforcement officer or transfer or sell all
firearms in the respondent's possession to a firearms dealer. Within 48 hours of
service, the respondent shall file with the court that issued the order under par. (a)
a receipt indicating that the respondent surrendered, transferred, or sold the
firearms. The receipt must include the date on which the firearm was surrendered,
transferred, or sold and the manufacturer, model, and serial number of each firearm
and must be signed by either the law enforcement officer to whom the firearm was
surrendered or the firearms dealer to whom the firearm was transferred or sold.
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(3) EXTREME RISK PROTECTION INJUNCTION. (a) The court shall hold a hearing on
whether to issue an extreme risk protection injunction, which is the final relief. At
the hearing, a judge may grant an injunction prohibiting the respondent from
possessing a firearm and, if there was no temporary restraining order under sub. (2t),
ordering the respondent to surrender all firearms in the respondent's possession if
all of the following occur:
1. The petitioner files a petition alleging the elements set forth under sub. (4)
(a).
2. The petitioner serves upon the respondent a copy or summary of the petition
and notice of the time for hearing on the issuance of the injunction, or the respondent
serves upon the petitioner notice of the time for hearing on the issuance of the
injunction.
3. The judge finds by clear and convincing evidence that the respondent is
substantially likely to injure himself or herself or another person if the respondent
possesses a firearm.
(b) The judge may enter an injunction only against the respondent named in
the petition.
(c) 1. Unless a judge vacates the injunction under par. (d), an injunction under
this subsection is effective for a period determined by the judge that is no longer than
one year.
2. When an injunction expires, the court shall extend the injunction, upon
petition, for up to one year if the judge finds by clear and convincing evidence that
the respondent is still substantially likely to injure himself or herself or another
person if the respondent possesses a firearm.
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(d) A respondent who is subject to an injunction issued under this subsection
may request in writing a judge to vacate the injunction one time during any
injunction period. If a respondent files a request under this paragraph, the
petitioner shall be notified of the request before the judge considers the request. The
judge shall vacate the injunction if the respondent demonstrates by clear and
convincing evidence that the respondent is no longer substantially likely to injure
himself or herself or another person if the respondent possesses a firearm.
(e) An injunction issued under this subsection shall inform the respondent
named in the petition of the requirements and penalties under s. 941.29.
(4) PETITION. (a) The petition shall allege facts sufficient to show the following:
1. The name of the petitioner and, unless the petitioner is a law enforcement
officer, how the petitioner is a family or household member of the respondent.
2. The name of the respondent.
3. That the respondent is substantially likely to injure himself or herself or
another person if the respondent possesses a firearm.
4. If the petitioner knows, the number, type, and location of any firearm that
the respondent possesses.
5. If requesting a temporary restraining order, evidence of an immediate and
present danger that the respondent may injure himself or herself or another person
if the respondent possesses a firearm and that waiting for the injunction hearing may
increase the immediate and present danger.
(b) The clerk of the circuit court shall provide simplified forms to help a person
file a petition.
(c) Only the following persons may file a petition under this section:
1. A law enforcement officer.
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2. A family or household member of the respondent.
(5) ENFORCEMENT ASSISTANCE. (a) 1. If a temporary restraining order is issued
under sub. (2t) or an injunction is issued, extended, or vacated under sub. (3), the
clerk of the circuit court shall notify the department of justice of the action and shall
provide the department of justice with information concerning the period during
which the order or injunction is in effect or the date on which the injunction is vacated
and with information necessary to identify the respondent for purposes of
responding to a request under s. 165.63 or for purposes of a firearms restrictions
record search under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).
2. Except as provided in subd. 3., the department of justice may disclose
information that it receives under subd. 1. only to respond to a request under s.
165.63 or as part of a firearms restrictions record search under s. 175.35 (2g) (c) or
a background check under s. 175.60 (9g) (a).
3. The department of justice shall disclose any information that it receives
under subd. 1. to a law enforcement agency when the information is needed for law
enforcement purposes.
(b) Within one business day after a temporary restraining order is issued under
sub. (2t) or an injunction is issued, extended, or vacated under this section, the clerk
of the circuit court shall send a copy of the temporary restraining order, of the
injunction, or of the order extending or vacating an injunction, to the sheriff or to any
other local law enforcement agency that is the central repository for injunctions and
that has jurisdiction over the petitioner's premises.
(c) No later than 24 hours after receiving the information under par. (b), the
sheriff or other appropriate local law enforcement agency under par. (b) shall enter
the information concerning a temporary restraining order issued under sub. (2t) or
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concerning an injunction issued, extended, or vacated under this section into the
transaction information for management of enforcement system. The sheriff or other
appropriate local law enforcement agency shall also make available to other law
enforcement agencies, through a verification system, information on the existence
and status of any order or injunction issued under this section. The information need
not be maintained after the order or injunction is no longer in effect.
(d) 1. The court may schedule a hearing to surrender firearms for any reason
relevant to the surrender of firearms.
2. If the respondent does not comply with an order issued at a hearing to
surrender firearms, or a law enforcement officer has probable cause to believe that
the respondent possesses a firearm, the law enforcement officer shall request a
search warrant to seize the firearms and may use information contained in the
petition to establish probable cause.
(6) PENALTY FOR FALSE SWEARING. Whoever files a petition under this section
knowing the information in the petition to be false is subject to prosecution for false
swearing under s. 946.32 (1).
(7) RETURN OF FIREARMS AND FORM. (a) A firearm surrendered under this section
may not be returned to the respondent until the respondent completes a petition for
the return of firearms under par. (c) and a judge or circuit court commissioner
determines all of the following:
1. If a temporary restraining order was issued, that the temporary restraining
order has expired and no injunction has been issued.
2. If an injunction was issued, that the injunction has been vacated or has
expired and not been extended.
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3. That the person is not prohibited from possessing a firearm under any state
or federal law or by the order of any federal court or state court, other than an order
from which the judge or circuit court commissioner is competent to grant relief. The
judge or commissioner shall use the information provided under s. 165.63 to aid in
making the determination under this subdivision.
(b) If a respondent surrenders under this section a firearm that is owned by a
person other than the respondent, the person who owns the firearm may apply for
its return to the circuit court for the county in which the person to whom the firearm
was surrendered is located. The court shall order such notice as it considers
adequate to be given to all persons who have or may have an interest in the firearm
and shall hold a hearing to hear all claims to its true ownership. If the right to
possession is proved to the court's satisfaction, it shall order the firearm returned.
If the court returns a firearm under this paragraph, the court shall inform the person
to whom the firearm is returned of the requirements and penalties under s. 941.2905.
(c) The director of state courts shall develop a petition for the return of firearms
form that is substantially the same as the form under s. 813.1285 (5) (b).
(8) NOTICE OF FULL FAITH AND CREDIT. A temporary restraining order issued
under sub. (2t) and an injunction issued under sub. (3) shall include a statement that
the order or injunction may be accorded full faith and credit in every civil or criminal
court of the United States, civil or criminal courts of any other state, and Indian
tribal courts to the extent that such courts may have personal jurisdiction over
nontribal members.
SECTION 87. 813.126 (1) of the statutes is amended to read:
813.126 (1) TIME LIMITS FOR DE NOVO HEARING. If a party seeks to have the judge
conduct a hearing de novo under s. 757.69 (8) of a determination, order, or ruling
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entered by a court commissioner in an action under s. 813.12, 813.122, 813.123,
813.124, or 813.125, including a denial of a request for a temporary restraining order,
the motion requesting the hearing must be filed with the court within 30 days after
the circuit court commissioner issued the determination, order, or ruling. The court
shall hold the de novo hearing within 30 days after the motion requesting the hearing
is filed with the court unless the court finds good cause for an extension. Any
determination, order, or ruling entered by a court commissioner in an action under
s. 813.12, 813.122, 813.123, 813.124, or 813.125 remains in effect until the judge in
the de novo hearing issues his or her final determination, order, or ruling.
SECTION 88. 813.127 of the statutes is amended to read:
813.127 Combined actions; domestic abuse, child abuse, extreme risk
protection, and harassment. A petitioner may combine in one action 2 or more
petitions under one or more of the provisions in ss. 813.12, 813.122, 813.124, and
813.125 if the respondent is the same person in each petition. In any such action,
there is only one fee applicable under s. 814.61 (1) (a). In any such action, the
hearings for different types of temporary restraining orders or injunctions may be
combined.
SECTION 89. 813.128 (2g) (b) of the statutes is amended to read:
813.128 (2g) (b) A foreign protection order or modification of the foreign
protection order that meets the requirements under this section has the same effect
as an order issued under s. 813.12, 813.122, 813.123, 813.124, or 813.125, except that
the foreign protection order or modification shall be enforced according to its own
terms.
SECTION 90. 938.208 (1) (b) of the statutes is amended to read:
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938.208 (1) (b) Probable cause exists to believe that the juvenile possessed,
used or threatened to use a handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d),
short-barreled rifle, as defined in s. 941.28 (1) (b), or short-barreled shotgun, as
defined in s. 941.28 (1) (c), while committing a delinquent act that would be a felony
under ch. 940 if committed by an adult.
SECTION 91. 938.34 (4m) (b) 2. of the statutes is amended to read:
938.34 (4m) (b) 2. The juvenile has possessed, used or threatened to use a
handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d), short-barreled rifle, as
defined in s. 941.28 (1) (b), or short-barreled shotgun, as defined in s. 941.28 (1) (c),
while committing a delinquent act that would be a felony under ch. 940 if committed
by an adult.
SECTION 92. 938.341 of the statutes is amended to read:
938.341 Delinquency adjudication; restriction on firearm possession.
Whenever a court adjudicates a juvenile delinquent for an act that if committed by
an adult in this state would be a felony or for a violation under s. 175.33 (2), the court
shall inform the juvenile of the requirements and penalties under s. 941.29.
SECTION 93. 939.22 (21) (em) of the statutes is amended to read:
939.22 (21) (em) Battery or threat to witness a juror, as prohibited in s. 940.201
940.202.
SECTION 94. 939.22 (21) (k) of the statutes is amended to read:
939.22 (21) (k) Intimidation of witnesses, as prohibited in s. 940.42 or 940.43.
SECTION 95. 939.22 (21) (L) of the statutes is amended to read:
939.22 (21) (L) Intimidation of victims, as prohibited in s. 940.44 or 940.45.
SECTION 96. 939.31 of the statutes is amended to read:
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939.31 Conspiracy. Except as provided in ss. 940.43 (4), 940.45 (4) (2m) (d),
940.44 (2m) (d), and 961.41 (1x), whoever, with intent that a crime be committed,
agrees or combines with another for the purpose of committing that crime may, if one
or more of the parties to the conspiracy does an act to effect its object, be fined or
imprisoned or both not to exceed the maximum provided for the completed crime;
except that for a conspiracy to commit a crime for which the penalty is life
imprisonment, the actor is guilty of a Class B felony.
SECTION 97. 939.32 (1) (c) of the statutes is amended to read:
939.32 (1) (c) Whoever attempts to commit a crime under ss. 940.42 to 940.45
s. 940.43 or 940.44 is subject to the penalty for the completed act, as provided in s.
940.46.
SECTION 98. 939.6195 (1) (a) 1. of the statutes is amended to read:
939.6195 (1) (a) 1. A violation of s. 941.29 or, 941.2905, or 941.293.
SECTION 99. 939.632 (1) (e) 1. of the statutes, as affected by 2023 Wisconsin Act
10, is amended to read:
939.632 (1) (e) 1. Any felony under s. 940.01, 940.02, 940.03, 940.05, 940.09
(1c), 940.19 (2), (4) or (5), 940.198 (2) (a) or (c), 940.21, 940.225 (1), (2) or (3), 940.235,
940.305, 940.31, 940.43, 940.44, 941.20, 941.21, 943.02, 943.06, 943.10 (2), 943.231
(1), 943.32 (2), 948.02 (1) or (2), 948.025, 948.03 (2) (a) or (c) or (5) (a) 1., 2., 3., or 4.,
948.05, 948.051, 948.055, 948.07, 948.08, 948.085, or 948.30 (2) or under s. 940.302
(2) if s. 940.302 (2) (a) 1. b. applies.
SECTION 100. 939.632 (1) (e) 3. of the statutes is amended to read:
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, or 941.38 (3).
SECTION 101. 939.74 (2d) (b) of the statutes is created to read:
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939.74 (2d) (b) Notwithstanding that the applicable time limitation under sub.
(1) or (2) has expired, if a deoxyribonucleic acid profile implicates a known person in
the commission of a felony, the state may commence prosecution of that person for
the felony or a crime that is related to the felony for a period of time following the
implication of the person in the felony that is equal to the applicable time limitation
under sub. (1) or (2).
SECTION 102. 939.74 (2d) (c) of the statutes is repealed.
SECTION 103. 939.74 (2d) (e) of the statutes is repealed.
SECTION 104. 940.03 of the statutes, as affected by 2023 Wisconsin Act 10, is
amended to read:
940.03 Felony murder. Whoever causes the death of another human being
while committing or attempting to commit a crime specified in s. 940.19, 940.195,
940.20, 940.201 940.202, 940.203, 940.204, 940.225 (1) or (2) (a), 940.30, 940.31,
940.43 (3m), 943.02, 943.10 (2), 943.231 (1), or 943.32 (2) may be imprisoned for not
more than 15 years in excess of the maximum term of imprisonment provided by law
for that crime or attempt.
SECTION 105. 940.20 (3) (title) of the statutes is renumbered 940.202 (title) and
amended to read:
940.202 (title) Battery or threat to jurors.
SECTION 106. 940.20 (3) of the statutes is renumbered 940.202 (2) and amended
to read:
940.202 (2) Whoever intentionally causes bodily harm or threatens to cause
bodily harm to a person who he or she knows or has reason to know is or was a grand
or petit juror, and by reason of any verdict or indictment assented to by the person
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the person's service as a juror, without the consent of the person injured, harmed or
threatened is guilty of a Class H felony.
SECTION 107. 940.201 (title) and (1) of the statutes are repealed.
SECTION 108. 940.201 (2) of the statutes is renumbered 940.43 (3m), and 940.43
(3m) (intro.), as renumbered, is amended to read:
940.43 (3m) (intro.) Whoever does any of the following is guilty of a Class H
G felony:
SECTION 109. 940.202 (1) and (3) of the statutes are created to read:
940.202 (1) In this section:
(a) “Family member” means a spouse, child, stepchild, foster child, parent,
sibling, or grandchild.
(b) “Juror” means a person who is or was a grand or petit juror or is a
prospective grand or petit juror who has received a summons to appear for jury
service.
(3) Whoever intentionally causes bodily harm or threatens to cause bodily
harm to a person who he or she knows or has reason to know is a family member of
a juror or is sharing a common domicile with a juror, for a reason related to the juror's
service as a juror, without the consent of the person harmed or threatened is guilty
of a Class H felony.
SECTION 110. 940.41 (intro.) of the statutes is amended to read:
940.41 Definitions. (intro.) In ss. 940.42 940.43 to 940.49:
SECTION 111. 940.41 (1d) of the statutes is created to read:
940.41 (1d) “Family member” means a spouse, child, stepchild, foster child,
parent, sibling, or grandchild.
SECTION 112. 940.42 of the statutes is repealed.
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SECTION 113. 940.43 (title) of the statutes is amended to read:
940.43 (title) Intimidation of witnesses; felony.
SECTION 114. 940.43 of the statutes is renumbered 940.43 (2m), and 940.43
(2m) (intro.), (b), (c) and (e), as renumbered, are amended to read:
940.43 (2m) (intro.) Whoever violates s. 940.42 sub. (1m) under any of the
following circumstances is guilty of a Class G felony:
(b) Where the act is accompanied by injury or damage to the real or personal
property of any person covered under sub. (1) par. (a).
(c) Where the act is accompanied by any express or implied threat of force,
violence, injury or damage described in sub. (1) or (2) par. (a) or (b).
(e) Where the act is committed by any person who has suffered any prior
conviction for any violation under this section, s. 943.30, 1979 stats., ss. s. 940.42 to
940.45, 2021 stats., s. 940.44, or any federal statute or statute of any other state
which, if the act prosecuted was committed in this state, would be a violation under
ss. 940.42 to 940.45 this section or s. 940.44.
SECTION 115. 940.43 (1m) of the statutes is created to read:
940.43 (1m) Whoever knowingly uses intimidation against, threatens, or
corruptly persuades another person or engages in misleading conduct toward
another person with intent to do any of the following is guilty of a Class H felony:
(a) Influence, dissuade, delay, or prevent the testimony of any person at any
trial, proceeding, or inquiry authorized by law.
(b) Cause or induce any person to do any of the following:
1. Withhold testimony or a record, document, or other object from any trial,
proceeding, or inquiry authorized by law.
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2. Alter, destroy, mutilate, or conceal any record, document, or other object with
intent to impair its integrity or availability for use in any trial, proceeding, or inquiry
authorized by law.
3. Evade legal process summoning the person as a witness or to produce a
record, document, or other object in any trial, proceeding, or inquiry authorized by
law.
4. Be absent from any trial, proceeding, or inquiry authorized by law to which
the person has been summoned by legal process.
(c) Hinder, delay, or prevent the communication of information relating to the
commission or possible commission of a violation of the criminal code to a law
enforcement officer, public officer, or public employee.
SECTION 116. 940.44 (title) of the statutes is amended to read:
940.44 (title) Intimidation of victims; misdemeanor.
SECTION 117. 940.44 of the statutes is renumbered 940.44 (1m), and 940.44
(1m) (intro.), as renumbered, is amended to read:
940.44 (1m) (intro.) Except as provided in s. 940.45, whoever Whoever
knowingly and maliciously prevents or dissuades, or who attempts to so prevent or
dissuade, another person who has been the victim of any crime or who is acting on
behalf of the victim from doing any of the following is guilty of a Class A
misdemeanor H felony:
SECTION 118. 940.45 (title) of the statutes is repealed.
SECTION 119. 940.45 of the statutes is renumbered 940.44 (2m), and 940.44
(2m) (intro.), (b), (c) and (e), as renumbered, are amended to read:
940.44 (2m) (intro.) Whoever violates s. 940.44 sub. (1m) under any of the
following circumstances is guilty of a Class G felony:
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(b) Where the act is accompanied by injury or damage to the real or personal
property of any person covered under sub. (1) par. (a).
(c) Where the act is accompanied by any express or implied threat of force,
violence, injury or damage described in sub. (1) or (2) par. (a) or (b).
(e) Where the act is committed by any person who has suffered any prior
conviction for any violation under this section, s. 943.30, 1979 stats., ss. s. 940.42 to
940.45, 2021 stats., s. 940.43, or any federal statute or statute of any other state
which, if the act prosecuted was committed in this state, would be a violation under
ss. 940.42 to 940.45 this section or s. 940.43.
SECTION 120. 940.46 of the statutes is amended to read:
940.46 Attempt prosecuted as completed act. Whoever attempts the
commission of any act prohibited under ss. 940.42 to 940.45 s. 940.43 or 940.44 is
guilty of the offense attempted without regard to the success or failure of the attempt.
The fact that no person was injured physically or in fact intimidated is not a defense
against any prosecution under ss. 940.42 to 940.45 s. 940.43 or 940.44.
SECTION 121. 940.47 (1) of the statutes is amended to read:
940.47 (1) An order that a defendant not violate ss. 940.42 to 940.45 s. 940.43
or 940.44.
SECTION 122. 940.47 (2) of the statutes is amended to read:
940.47 (2) An order that a person before the court other than a defendant,
including, but not limited to, a subpoenaed witness or other person entering the
courtroom of the court, not violate ss. 940.42 to 940.45 s. 940.43 or 940.44.
SECTION 123. 940.48 (1) of the statutes is amended to read:
940.48 (1) If applicable, the person may be prosecuted under ss. 940.42 to
940.45 s. 940.43 or 940.44.
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SECTION 124 ASSEMBLY BILL 1192
SECTION 124. 940.48 (2) (intro.), (a) and (b) of the statutes are consolidated,
renumbered 940.48 (2) and amended to read:
940.48 (2) As a contempt of court under ch. 785. A finding of contempt is not
a bar to prosecution under ss. 940.42 to 940.45, but: (a) Any s. 940.43 or 940.44.
However, any person who commits a contempt of court is entitled to credit for any
punishment imposed therefor against any sentence imposed on conviction under ss.
940.42 to 940.45; s. 940.43 or 940.44, and (b) Any any conviction or acquittal for any
a substantive offense under ss. 940.42 to 940.45 s. 940.43 or 940.44 is a bar to
subsequent punishment for contempt arising out of the same act.
SECTION 125. 940.49 of the statutes is amended to read:
940.49 Pretrial release. Any pretrial release of any defendant whether on
bail or under any other form of recognizance shall be deemed to include a condition
that the defendant neither do, nor cause to be done, nor permit to be done on his or
her behalf, any act proscribed by ss. 940.42 to 940.45 s. 940.43 or 940.44 and any
willful violation of the condition is subject to punishment as prescribed in s. 940.48
(3) whether or not the defendant was the subject of an order under s. 940.47.
SECTION 126. 941.237 (1) (d) of the statutes is amended to read:
941.237 (1) (d) “Handgun" has the meaning given in s. 175.35 (1) (b) means any
weapon designed or redesigned, or made or remade, and intended to be fired while
held in one hand and to use the energy of an explosive to expel a projectile through
a smooth or rifled bore.
SECTION 127. 941.29 (1g) (a) of the statutes, as affected by 2023 Wisconsin Act
10, is amended to read:
941.29 (1g) (a) “Violent felony" means any felony under s. 943.23 (1m), 1999
stats., s. 943.23 (1r), 1999 stats., or s. 943.23 (1g), 2021 stats., this section, or s.
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SECTION 127
ASSEMBLY BILL 1192
940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19, 940.195,
940.198, 940.20, 940.201 940.202, 940.203, 940.204, 940.21, 940.225, 940.23,
940.235, 940.285 (2), 940.29, 940.295 (3), 940.30, 940.302, 940.305, 940.31, 940.43
(1) to (3), 940.45 (1) to (3) (2m) (a) to (c) or (3m), 940.44 (2m) (a) to (c), 941.20, 941.26,
941.28, 941.2905, 941.292, 941.30, 941.327 (2) (b) 3. or 4., 943.02, 943.04, 943.06,
943.10 (2), 943.231 (1), 943.32, 943.87, 946.43, 948.02 (1) or (2), 948.025, 948.03,
948.04, 948.05, 948.051, 948.06, 948.07, 948.08, 948.085, or 948.30.
SECTION 128. 941.29 (1g) (b) of the statutes is amended to read:
941.29 (1g) (b) “Violent misdemeanor" means a violation of s. 940.42, 2021
stats., s. 940.44, 2021 stats., or s. 813.12, 813.122, 813.125, 940.19 (1), 940.195,
940.42, 940.44, 941.20 (1), 941.26, 941.38 (3), 941.39, 947.013, 948.55, 951.02,
951.08, 951.09, or 951.095 or a violation to which a penalty specified in s. 939.63 (1)
is applied.
SECTION 129. 941.29 (1m) (intro.) of the statutes is amended to read:
941.29 (1m) (intro.) A person who possesses a firearm is guilty of a Class G
felony for a first offense and a Class F felony for a 2nd or subsequent offense, if any
of the following applies:
SECTION 130. 941.29 (1m) (dm), (dn) and (do) of the statutes are created to read:
941.29 (1m) (dm) The person has been convicted of a misdemeanor under s.
175.33 (2), unless at least 2 years have passed since the conviction.
(dn) The person has been adjudicated delinquent for a violation under s. 175.33
(2), unless at least 2 years have passed since the adjudication.
(do) The person has been found not guilty of a misdemeanor under s. 175.33 (2)
by reason of mental disease or defect, unless at least 2 years have passed since the
finding.
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SECTION 131 ASSEMBLY BILL 1192
SECTION 131. 941.29 (1m) (f) of the statutes is amended to read:
941.29 (1m) (f) The person is subject to an injunction issued under s. 813.12
or 813.122, a temporary restraining order or an injunction issued under s. 813.124,
or under 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 this section and that has
been filed under s. 813.128 (3g).
SECTION 132. 941.2905 (1) of the statutes is renumbered 941.2905 (1) (intro.)
and amended to read:
941.2905 (1) (intro.) Whoever intentionally furnishes, purchases, or possesses
a firearm for a person, knowing that the person is prohibited from possessing a
firearm under s. 941.29 (1m), is guilty of a one of the following:
(a) Except as provided in par. (b), a Class G felony.
SECTION 133. 941.2905 (1) (b) of the statutes is created to read:
941.2905 (1) (b) For a 2nd or subsequent offense, a Class F felony.
SECTION 134. 941.291 (1) (b) of the statutes, as affected by 2023 Wisconsin Act
10, is amended to read:
941.291 (1) (b) “Violent felony" means any felony, or the solicitation, conspiracy,
or attempt to commit any felony, under s. 943.23 (1m) or (1r), 1999 stats., or s. 943.23
(1g), 2021 stats., or s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10,
940.19, 940.195, 940.198, 940.20, 940.201 940.202, 940.203, 940.204, 940.21,
940.225, 940.23, 940.285 (2), 940.29, 940.295 (3), 940.30, 940.305, 940.31, 940.43 (1)
to (3), 940.45 (1) to (3) (1m), (2m) (a) to (c), or (3m), 940.44 (1m) or (2m) (a) to (c),
941.20, 941.26, 941.28, 941.29, 941.293, 941.30, 941.327, 943.01 (2) (c), 943.011,
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SECTION 134
ASSEMBLY BILL 1192
943.013, 943.02, 943.04, 943.06, 943.10 (2), 943.231 (1), 943.32, 943.81, 943.82,
943.83, 943.85, 943.86, 943.87, 943.88, 943.89, 943.90, 946.43, 947.015, 948.02 (1) or
(2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07, 948.08, 948.085, or 948.30; or,
if the victim is a financial institution, as defined in s. 943.80 (2), a felony, or the
solicitation, conspiracy, or attempt to commit a felony under s. 943.84 (1) or (2).
SECTION 135. 941.293 of the statutes is created to read:
941.293 Undetectable firearms; serial numbers on firearm
components. (1) In this section:
(a) “Major component” means the barrel, the slide or cylinder, or the frame or
receiver of a firearm.
(b) “Undetectable firearm” means any of the following:
1. A firearm that, after the removal of grips, stocks, and magazines, is not
detectable by a metal detector calibrated to detect the security exemplar, as defined
in 18 USC 922 (p) (2) (C).
2. A firearm if any major component of it does not generate an image that
accurately depicts the shape of the component when subject to inspection by security
scanners, x-ray machines, or other security devices commonly used at airports.
(2) (a) 1. Whoever sells, offers to sell, transfers, transports, manufactures,
possesses, or goes armed with an undetectable firearm is guilty of a Class G felony.
2. Whoever sells, offers to sell, transfers, posts, provides to another, or
possesses plans for manufacturing an undetectable firearm is guilty of a Class H
felony.
(b) Paragraph (a) does not apply to a person who is licensed to manufacture
undetectable firearms while the person is on official duty. Paragraph (a) 1. does not
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apply to a law enforcement officer while on official duty or to armed forces or national
guard personnel while on official duty.
(3) (a) Whoever possesses a frame or a receiver of a firearm that is not attached
to a firearm and that is not marked or engraved with a serial number is guilty of a
Class I felony.
(b) Paragraph (a) does not apply to a firearm frame or receiver manufactured
before 1968, a person who is licensed to manufacture undetectable firearms while the
person is on official duty, a law enforcement officer while on official duty, or armed
forces or national guard personnel while on official duty.
SECTION 136. 941.296 (1) (b) of the statutes is amended to read:
941.296 (1) (b) “Handgun" has the meaning given in s. 175.35 (1) (b) 941.237
(1) (d).
SECTION 137. 941.38 (1) (b) 5m. of the statutes is amended to read:
941.38 (1) (b) 5m. Battery or threat to witness a juror, as prohibited in s.
940.201 940.202.
SECTION 138. 941.38 (1) (b) 11. of the statutes is amended to read:
941.38 (1) (b) 11. Intimidation of witnesses, as prohibited in s. 940.42 or 940.43.
SECTION 139. 941.38 (1) (b) 12. of the statutes is amended to read:
941.38 (1) (b) 12. Intimidation of victims, as prohibited in s. 940.44 or 940.45.
SECTION 140. 943.20 (1) (f) of the statutes is created to read:
943.20 (1) (f) Having devised or intending to devise any scheme or artifice to
defraud, obtains money or property by means of false or fraudulent pretenses,
representations, or promises.
SECTION 141. 946.60 of the statutes is repealed.
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SECTION 142
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SECTION 142. 946.61 of the statutes is repealed.
SECTION 143. 946.65 of the statutes is repealed and recreated to read:
946.65 Obstructing justice. (1m) In this section:
(a) “Criminal investigator” means any individual authorized by a department,
agency, or political subdivision of the state or the Wisconsin national guard to
conduct or engage in an investigation of or prosecution for a crime.
(b) “Record” means any material on which written, drawn, printed, spoken,
visual, or electromagnetic information or electronically generated or stored data is
recorded or preserved, regardless of physical form or characteristics. “Record”
includes handwritten, typed, or printed pages, maps, charts, photographs, films,
recordings, tapes, optical discs, and any other medium on which electronically
generated or stored data is recorded or preserved.
(2m) Whoever does any of the following is guilty of a Class H felony:
(a) With intent to avoid, evade, prevent, or obstruct compliance with any
governmental civil or criminal investigative demand, intentionally withholds,
misrepresents, removes from any place, conceals, covers up, destroys, mutilates,
alters, or falsifies any record or oral testimony that is the subject of the demand.
(b) Intentionally, by offer of consideration, threat or force, or
misrepresentation, influences, obstructs, or impedes any proceeding before a court,
court commissioner, administrative law judge, or department or agency of the state
or any inquiry or investigation by the legislature.
(c) Intentionally, by threat or force, prevents, obstructs, impedes, or interferes
with due exercise of rights or the performance of duties pursuant to any order,
judgment, or decree of a court of this state. No injunctive or other civil relief against
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the conduct made criminal by this section shall be denied on the ground that such
conduct may be punished under this paragraph.
(d) Intentionally prevents or obstructs the communication of information
relating to a crime to a criminal investigator.
(e) Attempts to commit any of the acts described in pars. (a) to (d).
(f) Knowingly alters, destroys, mutilates, conceals, covers up, or falsifies any
record, document, or tangible object with the intent to impede, obstruct, or influence
an investigation or proper administration of any matter within the jurisdiction of
any department, agency, or political subdivision of the state.
(g) Knowingly accepts consideration with the intent to influence, obstruct, or
impede or attempt to influence, obstruct, or impede the administration of the law in
any proceeding before a court, court commissioner, administrative law judge, or
department, agency, or political subdivision of the state.
SECTION 144. 946.82 (4) of the statutes, as affected by 2023 Wisconsin Act 73,
is amended to read:
946.82 (4) “Racketeering activity" means any activity specified in 18 USC 1961
(1) in effect as of April 27, 1982, or the attempt, conspiracy to commit, or commission
of any of the felonies specified in: chs. 945 and 961, subch. V of ch. 551, and ss. 49.49,
134.05, 139.44 (1), 180.0129, 181.0129, 185.825, 201.09 (2), 215.12, 221.0625,
221.0636, 221.0637, 221.1004, 553.41 (3) and (4), 553.52 (2), 940.01, 940.19 (4) to (6),
940.20, 940.201 940.202, 940.203, 940.21, 940.30, 940.302 (2), 940.305, 940.31,
940.43 (2m) and (3m), 940.44 (2m), 941.20 (2) and (3), 941.26, 941.28, 941.298,
941.31, 941.32, 942.09, 943.01 (2), (2d), or (2g), 943.011, 943.012, 943.013, 943.02,
943.03, 943.04, 943.05, 943.06, 943.10, 943.20 (3) (bf) to (e), 943.201, 943.203, 943.23
(2) and (3), 943.231 (1), 943.24 (2), 943.27, 943.28, 943.30, 943.32, 943.34 (1) (bf),
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(bm), and (c), 943.38, 943.39, 943.40, 943.41 (8) (b) and (c), 943.50 (4) (bf), (bm), and
(c) and (4m), 943.60, 943.70, 943.76, 943.81, 943.82, 943.83, 943.84, 943.85, 943.86,
943.87, 943.88, 943.89, 943.90, 944.21 (5) (c) and (e), 944.32, 944.34, 945.03 (1m),
945.04 (1m), 945.05 (1), 945.08, 946.10, 946.11, 946.12, 946.13, 946.31, 946.32 (1),
946.48, 946.49, 946.61, 946.64, 946.65, 946.72, 946.76, 946.79, 947.015, 948.05,
948.051, 948.08, 948.12, and 948.30.
SECTION 145. 947.01 (1) of the statutes is renumbered 947.01 (1) (intro.) and
amended to read:
947.01 (1) (intro.) Whoever, in a public or private place, engages in violent,
abusive any of the following is guilty of a Class B misdemeanor:
(b) Abusive, indecent, profane, boisterous, unreasonably loud or otherwise
disorderly conduct under circumstances in which the conduct tends to cause or
provoke a disturbance is guilty of a Class B misdemeanor.
SECTION 146. 947.01 (1) (a) of the statutes is created to read:
947.01 (1) (a) Violent behavior that involves the use or attempted use of
physical force or the use or threat to use a dangerous weapon.
SECTION 147. 949.03 (2) of the statutes, as affected by 2023 Wisconsin Act 10,
is amended to read:
949.03 (2) The commission or the attempt to commit any crime specified in s.
346.62 (4), 346.63 (2) or (6), 940.01, 940.02, 940.03, 940.05, 940.06, 940.07, 940.08,
940.09, 940.10, 940.19, 940.198, 940.20, 940.201 940.202, 940.204, 940.21, 940.22
(2), 940.225, 940.23, 940.235, 940.24, 940.25, 940.285, 940.29, 940.30, 940.302 (2),
940.305, 940.31, 940.32, 940.43 (2m) or (3m), 940.44 (2m), 941.327, 942.09, 943.02,
943.03, 943.04, 943.10, 943.20, 943.231 (1), 943.32, 943.81, 943.86, 943.87, 948.02,
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SECTION 147 ASSEMBLY BILL 1192
948.025, 948.03, 948.04, 948.05, 948.051, 948.06, 948.07, 948.075, 948.08, 948.085,
948.09, 948.095, 948.20, 948.21 (1), 948.30, or 948.51.
SECTION 148. 961.472 (5) (b) of the statutes is amended to read:
961.472 (5) (b) The person is participating in a an evidence-based substance
abuse use disorder treatment program that meets the requirements of s. 165.95 (3),
as determined by the department of justice under s. 165.95 (9) and (10).
SECTION 149. 967.11 (1) of the statutes is amended to read:
967.11 (1) In this section, “approved substance abuse treatment program"
means a substance abuse treatment program that meets the requirements of s.
165.95 (3), as determined by the department of justice under s. 165.95 (9) and (10).
SECTION 150. 967.11 (2) of the statutes is amended to read:
967.11 (2) If a county establishes an approved substance abuse treatment
program and the approved program authorizes the use of surveillance and
monitoring technology or day reporting programs, a court or a district attorney may
require a person participating in an the approved substance abuse treatment
program to submit to surveillance and monitoring technology or a day reporting
program as a condition of participation.
SECTION 151. 968.075 (1) (a) (intro.) of the statutes is amended to read:
968.075 (1) (a) (intro.) “Domestic abuse" means any of the following engaged
in by an adult person against his or her spouse or former spouse, against an adult
with whom the person resides or formerly resided or against an adult with whom the
person has a child in common a relative of the adult person:
SECTION 152. 968.075 (1) (f) of the statutes is created to read:
968.075 (1) (f) “Relative” means any of the following:
1. Spouse or former spouse.
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2. A parent or stepparent.
3. A legal guardian.
4. A person with whom the adult person has a child in common.
5. A person with whom the adult person is cohabiting or has cohabited as a
spouse, a parent, or a legal guardian.
6. A person who is similarly situated to the adult person as a spouse, a parent,
or a legal guardian.
7. An adult who is residing or has resided with the adult person if subd. 1., 2.,
3., 4., 5., or 6. does not apply.
SECTION 153. 968.20 (3) (b) of the statutes is amended to read:
968.20 (3) (b) Except as provided in par. (a) or sub. (1m) or (4), a city, village,
town or county or other custodian of a seized dangerous weapon or ammunition, if
the dangerous weapon or ammunition is not required for evidence or use in further
investigation and has not been disposed of pursuant to a court order at the
completion of a criminal action or proceeding, shall make reasonable efforts to notify
all persons who have or may have an authorized rightful interest in the dangerous
weapon or ammunition of the application requirements under sub. (1). If, within 30
days after the notice, an application under sub. (1) is not made and the seized
dangerous weapon or ammunition is not returned by the officer under sub. (2), the
city, village, town or county or other custodian may retain the dangerous weapon or
ammunition and authorize its use by a law enforcement agency, except that a
dangerous weapon used in the commission of a homicide or a handgun, as defined
in s. 175.35 (1) (b) 941.237 (1) (d), may not be retained. If a dangerous weapon other
than a firearm is not so retained, the city, village, town or county or other custodian
shall safely dispose of the dangerous weapon or, if the dangerous weapon is a motor
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vehicle, as defined in s. 340.01 (35), sell the motor vehicle following the procedure
under s. 973.075 (4). If a firearm or ammunition is not so retained, the city, village,
town or county or other custodian shall ship it to the state crime laboratories and it
is then the property of the laboratories. A person designated by the department of
justice may destroy any material for which the laboratories have no use or arrange
for the exchange of material with other public agencies. In lieu of destruction,
shoulder weapons for which the laboratory has no use shall be turned over to the
department of natural resources for sale and distribution of proceeds under s. 29.934
or for use under s. 29.938.
SECTION 154. 968.26 (1b) (a) 2. a. of the statutes is amended to read:
968.26 (1b) (a) 2. a. Section 940.04, 940.11, 940.19 (2), (4), (5), or (6), 940.195
(2), (4), (5), or (6), 940.198 (2) (b) or (c) or (3), 940.20, 940.201 940.202, 940.203,
940.204, 940.205, 940.207, 940.208, 940.22 (2), 940.225 (3), 940.29, 940.302 (2) (c),
940.32, 940.43 (2m) or (3m), 940.44 (2m), 941.32, 941.38 (2), 942.09 (2), 943.10,
943.205, 943.32 (1), 946.43, 946.44, 946.47, 946.48, 948.02 (3), 948.03 (2) (b) or (c),
(3), or (4), 948.04, 948.055, 948.095, 948.10 (1) (a), 948.11, 948.13 (2) (a), 948.14,
948.20, 948.23 (1), (2), or (3) (c) 2. or 3., or 948.30 (1).
SECTION 155. 969.001 (3) (a) of the statutes, as affected by 2023 Wisconsin Act
10, is amended to read:
969.001 (3) (a) A crime specified under s. 940.01, 940.02, 940.03, 940.05,
940.06, 940.07, 940.08, 940.09 (1), 940.10, 940.11, 940.12, 940.19 (1), (2), (4), (5), or
(6), 940.195 (1), (2), (4), (5), or (6), 940.198 (2) or (3), 940.20, 940.201 (2), 940.203 (2),
940.204, 940.205 (2), 940.207 (2), 940.208, 940.21, 940.225 (1), (2), or (3), 940.23,
940.235, 940.24, 940.25, 940.285, 940.29, 940.30, 940.302 (2), 940.305, 940.31,
940.32, 940.43, 940.45, (3m), 940.44 (2m), 941.20, 941.21, 941.28, 941.2905, 941.292,
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941.30, 941.327, 941.38 (2) or (3), 941.39, 943.01 (2) (c), 943.011, 943.013, 943.02,
943.04, 943.06, 943.10, 943.231 (1) or (2), 943.30, 943.32, 943.87, 946.43, 947.013,
947.015, 948.02 (1) or (2), 948.025, 948.03 (2), (3), or (5), 948.04, 948.05, 948.051,
948.055, 948.06, 948.07, 948.08, 948.085, 948.095, 948.30 (2), 948.55, 951.02, 951.08,
or 951.09.
SECTION 156. 969.08 (10) (b) of the statutes, as affected by 2023 Wisconsin Act
10, is amended to read:
969.08 (10) (b) “Serious crime" means any crime specified in s. 943.23 (1m),
1999 stats., s. 943.23 (1r), 1999 stats., or s. 943.23 (1g), 2021 stats., or s. 346.62 (4),
940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (5), 940.195
(5), 940.198 (2) (a) or (c), 940.20, 940.201 940.202 (2), 940.203, 940.204, 940.21,
940.225 (1) to (3), 940.23, 940.24, 940.25, 940.29, 940.295 (3) (b) 1g., 1m., 1r., 2. or 3.,
940.302 (2), 940.31, 940.43 (2m) or (3m), 940.44 (2m), 941.20 (2) or (3), 941.26, 941.30,
941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.03, 943.04, 943.06, 943.10,
943.231 (1), 943.30, 943.32, 943.81, 943.82, 943.83, 943.85, 943.86, 943.87, 943.88,
943.89, 943.90, 946.01, 946.02, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03,
948.04, 948.05, 948.051, 948.06, 948.07, 948.085, or 948.30 or, if the victim is a
financial institution, as defined in s. 943.80 (2), a crime under s. 943.84 (1) or (2).
SECTION 157. 969.15 of the statutes is created to read:
969.15 Enforcement assistance for court orders that render persons
ineligible to possess a firearm under federal law. If a person who is released
on bail or bond under this chapter is subject to a court order described in 18 USC 922
(g) (8), all of the following shall occur:
(1) Within one business day of the person's release, the clerk shall send a copy
of the court order to the sheriff with jurisdiction over the person's residence.
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(2) No later than 24 hours after receiving the copy of the court order under sub.
(1), the sheriff shall enter the court order, including modifying or canceling a
previous court order per the current court order, into the transaction information for
management of enforcement system. The sheriff shall ensure that the information
on the existence and status of any court order under this section is available to other
law enforcement agencies through a verification system. The information does not
need to be maintained after the order is no longer in effect.
(3) A law enforcement agency or a clerk may use electronic transmission to
facilitate the exchange of information under this section. Any person who uses
electronic transmission shall ensure that the electronic transmission does not allow
unauthorized disclosure of the information transmitted.
SECTION 158. 971.17 (1g) of the statutes is amended to read:
971.17 (1g) NOTICE OF RESTRICTION ON FIREARM POSSESSION. If the defendant
under sub. (1) is found not guilty of a felony, or of a violation under s. 175.33 (2), by
reason of mental disease or defect, the court shall inform the defendant of the
requirements and penalties under s. 941.29.
SECTION 159. 971.37 (1m) (a) 2. of the statutes is amended to read:
971.37 (1m) (a) 2. An adult accused of or charged with a criminal violation of
s. 940.19, 940.20 (1m), 940.201, 940.225, 940.23, 940.285, 940.30, 940.42, 940.43,
940.44, 940.45, 940.48, 941.20, 941.30, 943.01, 943.011, 943.14, 943.15, 946.49,
947.01 (1), 947.012 or 947.0125 and the conduct constituting the violation involved
an act by the adult person against his or her spouse or former spouse, against an
adult with whom the adult person resides or formerly resided or against an adult
with whom the adult person has created a child.
SECTION 160. 973.017 (3) (f) of the statutes is created to read:
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973.017 (3) (f) The fact that the person committed or attempted to commit a
violation of s. 940.01 because the victim of the homicide or attempted homicide was
any of the following:
1. A juror, as defined in s. 940.202 (1) (b), or a family member, as defined in s.
940.202 (1) (a), of a juror.
2. A witness, as defined in s. 940.41 (3), or a family member, as defined in s.
940.41 (1d), of a witness.
3. A victim, as defined in s. 940.41 (2), or a family member, as defined in s.
940.41 (1d), of a victim.
SECTION 161. 973.055 (1) (a) 1. of the statutes is amended to read:
973.055 (1) (a) 1. The court convicts the person of a violation of a crime specified
in s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.19, 940.20 (1m), 940.201, 940.21,
940.225, 940.23, 940.235, 940.285, 940.30, 940.305, 940.31, 940.32, 940.42, 940.43,
940.44, 940.45, 940.48, 941.20, 941.30, 943.01, 943.011, 943.14, 943.15, 946.49,
947.01 (1), 947.012 or 947.0125 or of a municipal ordinance conforming to s. 940.201
940.43 (3m), 941.20, 941.30, 943.01, 943.011, 943.14, 943.15, 946.49, 947.01 (1),
947.012 or 947.0125; and
SECTION 162. 973.123 (1) of the statutes, as affected by 2023 Wisconsin Act 10,
is amended to read:
973.123 (1) In this section, “violent felony" means any felony under s. 943.23
(1m), 1999 stats., s. 943.23 (1r), 1999 stats., or s. 943.23 (1g), 2021 stats., or s. 940.01,
940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19, 940.195, 940.198,
940.20, 940.201 940.202, 940.203, 940.204, 940.21, 940.225, 940.23, 940.235,
940.285 (2), 940.29, 940.295 (3), 940.30, 940.302, 940.305, 940.31, 940.43 (1) to (3),
940.45 (1) to (3) (2m) (a) to (c) or (3m), 940.44 (2m) (a) to (c), 941.20, 941.26, 941.28,
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941.29, 941.292, 941.30, 941.327 (2) (b) 3. or 4., 943.02, 943.04, 943.06, 943.10 (2),
943.231 (1), 943.32, 943.87, 946.43, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05,
948.051, 948.06, 948.07, 948.08, 948.085, or 948.30.
SECTION 163. 973.155 (1m) of the statutes is amended to read:
973.155 (1m) A convicted offender shall be given credit toward the service of
his or her sentence for all days spent in custody as part of a substance abuse
treatment program that meets the requirements of s. 165.95 (3), as determined by
the department of justice under s. 165.95 (9) and (10), for any offense arising out of
the course of conduct that led to the person's placement in that program.
SECTION 164. 973.176 (1) of the statutes is amended to read:
973.176 (1) FIREARM POSSESSION. Whenever a court imposes a sentence or
places a defendant on probation regarding a felony conviction or regarding a
conviction for a misdemeanor under s. 175.33 (2), the court shall inform the
defendant of the requirements and penalties applicable to him or her under s. 941.29
(1m) or (4m).
SECTION 165.0Nonstatutory provisions.
(1) COMMUNITY SERVICES TO REDUCE RECIDIVISM; ONETIME FUNDING.
Notwithstanding s. 16.42 (1) (e), in submitting information under s. 16.42 for the
2025-27 biennial budget bill, the department of corrections shall submit information
concerning the appropriation under s. 20.410 (1) (ds) as though the increase in the
dollar amount of that appropriation by SECTION 166 (8) of this act did not take effect.
(2) VIOLENCE PREVENTION GRANTS. The department of justice shall establish a
program to award grants from the appropriation under s. 20.455 (2) (dm) in the
2023-25 fiscal biennium for violence prevention programs. Grant applications are
due no later than June 30 of each fiscal year. The department of justice shall consult
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with the department of health services to determine grant awards under this
subsection.
(3) COMMUNITY POLICING AND COMMUNITY PROSECUTION GRANT PROGRAM. From the
appropriation under s. 20.455 (2) (cs), the department of justice shall provide grants
in the 2023-25 fiscal biennium for community policing and community prosecution.
In determining whether to award a grant under this subsection, the department of
justice may consider whether the grant will be used to address community policing
needs through hot-spot policing.
(4) OFFICER RECRUITMENT, RETENTION, AND WELLNESS GRANT PROGRAM. From the
appropriation under s. 20.455 (2) (ct), the department of justice shall provide grants
in the 2023-25 fiscal biennium for programs designed to recruit and retain law
enforcement officers and to promote officer wellness.
(5) CRIME VICTIM SERVICES; ONETIME FUNDING. Notwithstanding s. 16.42 (1) (e),
in submitting information under s. 16.42 for the 2025-27 biennial budget bill, the
department of justice shall submit information concerning the appropriation under
s. 20.455 (5) (a) as though the increase in the dollar amount of that appropriation by
SECTION 166 (10) of this act did not take effect.
SECTION 166.0Fiscal changes.
(1) ALTERNATIVES TO PROSECUTION AND INCARCERATION GRANT PROGRAM
ADMINISTRATION. In the schedule under s. 20.005 (3) for the appropriation to the
department of justice under s. 20.455 (2) (a), the dollar amount for fiscal year
2023-24 is increased by $426,800 to increase the authorized FTE positions for the
department by 5.0 GPR positions to administer the alternatives to prosecution and
incarceration grant program under s. 165.95. In the schedule under s. 20.005 (3) for
the appropriation to the department of justice under s. 20.455 (2) (a), the dollar
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amount for fiscal year 2024-25 is increased by $426,800 to provide funding for the
positions authorized under this subsection.
(2) ALTERNATIVES TO PROSECUTION AND INCARCERATION GRANT PROGRAM. In the
schedule under s. 20.005 (3) for the appropriation to the department of justice under
s. 20.455 (2) (em), the dollar amount for fiscal year 2023-24 is increased by
$7,761,000. In the schedule under s. 20.005 (3) for the appropriation to the
department of justice under s. 20.455 (2) (em), the dollar amount for fiscal year
2024-25 is increased by $7,761,000.
(3) INVESTIGATOR AND ATTORNEY POSITIONS. In the schedule under s. 20.005 (3)
for the appropriation to the department of justice under s. 20.455 (1) (a), the dollar
amount for fiscal year 2023-24 is increased by $483,600 to increase the authorized
FTE positions for the the department of justice by 2.0 GPR investigator positions in
the division of criminal investigation for investigators and 2.0 GPR attorney
positions for assistant attorneys general. The investigator and attorney positions
authorized under this subsection shall handle cases primarily involving felony
violations subject to s. 939.63, if a felony is committed while armed, and under s.
940.01 to 940.03, 940.05, 940.06, 940.225, 943.231 (1), and 943.32 (2). In the schedule
under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455
(1) (a), the dollar amount for fiscal year 2024-25 is increased by $483,600 to fund the
positions authorized under this subsection.
(4) TASK FORCE ON MISSING AND MURDERED INDIGENOUS WOMEN. In the schedule
under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455
(1) (a), the dollar amount for fiscal year 2023-24 is increased by $131,200 to increase
the authorized FTE positions for the department by 2.0 GPR positions for the
purpose of assisting the Task Force on Missing and Murdered Indigenous Women.
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In the schedule under s. 20.005 (3) for the appropriation to the department of justice
under s. 20.455 (1) (a), the dollar amount for fiscal year 2024-25 is increased by
$131,200 to fund the positions authorized under this subsection.
(5) LAW ENFORCEMENT OFFICER TRAINING AND WELLNESS. In the schedule under
s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (a),
the dollar amount for fiscal year 2023-24 is increased by $131,600 to increase the
authorized FTE positions for the department by 2.0 GPR positions for law
enforcement officer training and wellness initiatives. In the schedule under s. 20.005
(3) for the appropriation to the department of justice under s. 20.455 (2) (a), the dollar
amount for fiscal year 2024-25 is increased by $131,600 to provide funding for the
positions authorized under this subsection.
(6) LAW ENFORCEMENT SERVICES; TOXICOLOGISTS. In the schedule under s. 20.005
(3) for the appropriation to the department of justice under s. 20.455 (2) (a), the dollar
amount for fiscal year 2023-24 is increased by $234,400 to increase the authorized
FTE positions for the department by 4.0 GPR positions for law enforcement
toxicology services. In the schedule under s. 20.005 (3) for the appropriation to the
department of justice under s. 20.455 (2) (a), the dollar amount for fiscal year
2024-25 is increased by $234,400 to provide funding for the positions authorized
under this subsection.
(7) OFFICER TRAINING REIMBURSEMENTS; SUPPLEMENTAL FUNDS. In the schedule
under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455
(2) (as), the dollar amount for fiscal year 2023-24 is increased by $1,000,000 for law
enforcement training reimbursements under s. 165.85 (5) (b). In the schedule under
s. 20.005 (3) for the appropriation to the department of justice under s. 20.455 (2) (as),
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the dollar amount for fiscal year 2024-25 is increased by $1,000,000 for law
enforcement training reimbursements under s. 165.85 (5) (b).
(8) COMMUNITY SERVICES TO REDUCE RECIDIVISM. In the schedule under s. 20.005
(3) for the appropriation to the department of corrections under s. 20.410 (1) (ds), the
dollar amount for fiscal year 2023-24 is increased by $5,000,000 for recidivism
reduction. In the schedule under s. 20.005 (3) for the appropriation to the
department of corrections under s. 20.410 (1) (ds), the dollar amount for fiscal year
2024-25 is increased by $5,000,000 for recidivism reduction.
(9) FIELD PROSECUTORS; DRUG-RELATED OFFENSES. In the schedule under s. 20.005
(3) for the appropriation to the department of justice under s. 20.455 (1) (a), the dollar
amount for fiscal year 2023-24 is increased by $300,000 to increase the authorized
FTE positions for the department by 2.0 GPR attorney positions for the purpose of
assisting the division of criminal investigation in the field offices of Wausau and
Appleton and for assisting district attorneys in prosecuting drug-related offenses.
In the schedule under s. 20.005 (3) for the appropriation to the department of justice
under s. 20.455 (1) (a), the dollar amount for fiscal year 2024-25 is increased by
$300,000 to provide funding for the positions authorized under this subsection.
(10) VICTIM SERVICES. In the schedule under s. 20.005 (3) for the appropriation
to the department of justice under s. 20.455 (5) (a), the dollar amount for fiscal year
2023-24 is increased by $5,000,000 to fund victim service programs. In the schedule
under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455
(5) (a), the dollar amount for fiscal year 2024-25 is increased by $5,000,000 to fund
victim service programs.
(11) HATE CRIMES REPORTING PORTAL. In the schedule under s. 20.005 (3) for the
appropriation to the department of justice under s. 20.455 (2) (a), the dollar amount
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for fiscal year 2023-24 is increased by $591,400 to increase the authorized FTE
positions for the department by 4.0 GPR victim service specialist positions, 1.0 GPR
research analyst position, and 1.0 GPR program and policy analyst position. In the
schedule under s. 20.005 (3) for the appropriation to the department of justice under
s. 20.455 (2) (a), the dollar amount for fiscal year 2024-25 is increased by $591,400
for the positions authorized under this subsection.
(12) REIMBURSEMENT TO COUNTIES FOR VICTIM-WITNESS SERVICES. In the schedule
under s. 20.005 (3) for the appropriation to the department of justice under s. 20.455
(5) (f), the dollar amount for fiscal year 2023-24 is increased by $1,503,400. In the
schedule under s. 20.005 (3) for the appropriation to the department of justice under
s. 20.455 (5) (f), the dollar amount for fiscal year 2024-25 is increased by $1,901,400.
(13) CRISIS PROGRAM ENHANCEMENT GRANTS. In the schedule under s. 20.005 (3)
for the appropriation to the department of health services under s. 20.435 (5) (cf), the
dollar amount for fiscal year 2023-24 is increased by $7,375,000. In the schedule
under s. 20.005 (3) for the appropriation to the department of health services under
s. 20.435 (5) (cf), the dollar amount for fiscal year 2024-25 is increased by $7,375,000.
(14) MENTAL HEALTH AND SUBSTANCE USE SERVICES GRANTS AND PROGRAMS. In the
schedule under s. 20.005 (3) for the appropriation to the department of health
services under s. 20.435 (5) (bc), the dollar amount for fiscal year 2023-24 is
increased by $5,000,000 for the purposes under the appropriation that are related
to mental health and substance use services. In the schedule under s. 20.005 (3) for
the appropriation to the department of health services under s. 20.435 (5) (bc), the
dollar amount for fiscal year 2024-25 is increased by $5,000,000 for the purposes
under the appropriation that are related to mental health and substance use
services.
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(15) SPECIAL EDUCATION AID. In the schedule under s. 20.005 (3) for the
appropriation to the department of public instruction under s. 20.255 (2) (b), the
dollar amount is increased by $36,530,000 for the 2023-24 fiscal year to increase
funding for aids for special education under s. 115.88. In the schedule under s. 20.005
(3) for the appropriation to the department of public instruction under s. 20.255 (2)
(b), the dollar amount is increased by $36,530,000 for the 2024-25 fiscal year to
increase funding for aids for special education under s. 115.88.
(16) UW SYSTEM, GENERAL PROGRAM OPERATIONS. In the schedule under s. 20.005
(3) for the appropriation to the Board of Regents of the University of Wisconsin
System under s. 20.285 (1) (a), the dollar amount is increased by $9,130,000 for the
2023-24 fiscal year. In the schedule under s. 20.005 (3) for the appropriation to the
Board of Regents of the University of Wisconsin System under s. 20.285 (1) (a), the
dollar amount is increased by $9,130,000 for the 2024-25 fiscal year.
SECTION 167.0Initial applicability.
(1) DOMESTIC VIOLENCE PROTECTION ORDERS. The treatment of s. 969.15 first
applies to releases that occur on the effective date of this subsection.
(2) TREATMENT ALTERNATIVES AND DIVERSIONS. The treatment of s. 165.95 (1) (ac),
(2), (2r), (3) (a), (ag), (b), (bd), (cm) 2., (d), (e), (g), (h), (i), (j), and (k), (5) (a) and (b),
(5m), (6), (7), and (7m) first applies to grants awarded under s. 165.95 (2) on the
effective date of this subsection.
(3) STATUTE OF LIMITATIONS IN A FELONY CASE. Notwithstanding s. 990.06, the
treatment of s. 939.74 (2d) (b), (c), and (e) first applies to an action for which the time
limit under s. 939.74 (1) or (2) for prosecution has not expired as of the effective date
of this subsection.
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(4) OBSTRUCTION OF JUSTICE. The treatment of ss. 6.47 (1) (b), 48.685 (2) (bb) and
(5) (bm) 4., 48.686 (1) (c) 9. and 12. and (2) (bb), 50.065 (2) (bb), 165.70 (1) (b), 165.84
(7) (ab) 1. and 2., 301.048 (2) (bm) 1. a., 767.461 (4), 939.22 (21) (em), (k), and (L),
939.31, 939.32 (1) (c), 939.632 (1) (e) 1. and 3., 940.03, 940.20 (3), 940.201 (2), 940.41
(intro.), 940.44, 940.45, 940.46, 940.47 (1) and (2), 940.48 (1) and (2) (intro.), (a), and
(b), 940.49, 941.29 (1g) (a) and (b), 941.291 (1) (b), 941.38 (1) (b) 5m., 11., and 12.,
946.65, 946.82 (4), 949.03 (2), 968.26 (1b) (a) 2. a., 969.08 (10) (b), 971.37 (1m) (a) 2.,
973.055 (1) (a) 1., and 973.123 (1), the repeal of ss. 940.201 (title) and (1), 940.42,
946.60, and 946.61, the renumbering and amendment of s. 940.43, and the creation
of ss. 940.202 (1) and (3), 940.41 (1d), 940.43 (1m), and 973.017 (3) (f) first apply to
an act committed on the effective date of this subsection.
(5) ILLEGAL POSSESSION OF A FIREARM OR STRAW PURCHASING. The treatment of s.
941.29 (1m) (intro.), the renumbering and amendment of s. 941.2905 (1), and the
creation of s. 941.2905 (1) (b) first apply to an offense committed on the effective date
of this subsection but does not preclude the counting of an offense committed before
the effective date of this subsection as a prior offense for the purposes of sentencing.
SECTION 168.0Effective dates. This act takes effect on the day after
publication, except as follows:
(1) BACKGROUND CHECK FOR ALL FIREARM TRANSFERS. The treatment of ss. 20.455
(2) (gr), 175.33, 175.35 (title), (1) (at) (by SECTION 51), (b), and (br), (2) (intro.), (a), (b),
(bm), (c), (cm) (intro.), and (d), (2g) (a) and (b) 1. and 2., (2k) (ar) 2., (c) 2. a. and b.,
(g) (by SECTION 70), and (h), (2L), (2t) (a), (b) and (c), and (3) (b) 2., 175.60 (7) (d) and
(15) (b) 4. b., 938.208 (1) (b), 938.34 (4m) (b) 2., 938.341, 941.237 (1) (d), 941.29 (1m)
(dm), (dn), and (do), 941.296 (1) (b), 968.20 (3) (b), 971.17 (1g), and 973.176 (1), the
renumbering of s. 175.35 (2j), the renumbering and amendment of s. 175.35 (2i), and
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25 - 74 -2023 - 2024 Legislature LRB-5719/1
CMH:skw
SECTION 168 ASSEMBLY BILL 1192
the creation of s. 175.35 (2i) (b) 2. and (2j) (b) take effect on the first day of the 7th
month beginning after publication.
(2) ONETIME GRANT FUNDING. The repeal of s. 20.455 (2) (cs), (ct), and (dm) takes
effect on July 1, 2025.
(END)
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