Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB765 Compare Versions

Only one version of the bill is available at this time.

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1	1	LRB-0711/1
2	2	CMH:cjs
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 765
5	5	December 6, 2023 - Introduced by Representatives SUBECK, CONLEY, J. ANDERSON,
6	6	EMERSON, CONSIDINE, SINICKI, ANDRACA, BARE, CABRERA, JACOBSON, JOERS,
7	7	OHNSTAD, PALMERI, RATCLIFF, SHELTON, STUBBS and HAYWOOD, cosponsored by
8	8	Senators TAYLOR, LARSON, HESSELBEIN and L. JOHNSON. Referred to Committee
9	9	on Criminal Justice and Public Safety.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to amend 968.02 (4) and 968.07 (3); and to repeal and recreate 948.55
12	12	of the statutes; relating to: storage of a firearm in residence if child is present
13	13	and providing a penalty.
14	14	Analysis by the Legislative Reference Bureau
15	15	This bill prohibits a person from storing or leaving a firearm at his or her
16	16	residence if the person resides with a child who is under the age of 18, or knows a child
17	17	who is under the age of 18 will be present in the residence, unless the firearm is in
18	18	a securely locked box or container or other secure locked location or has a trigger lock
19	19	engaged. A person who violates this prohibition is guilty of a Class A misdemeanor
20	20	for a first offense and a Class I felony for a subsequent offense. This prohibition
21	21	replaces the current law that penalizes a person who recklessly stores or leaves a
22	22	loaded firearm within reach of a child who is under 14 if the child obtains it and does
23	23	one of the following: 1) discharges the firearm and causes bodily harm or death (Class
24	24	A misdemeanor); or 2) possesses or exhibits the firearm in a public place or
25	25	endangers public safety (Class C misdemeanor).
26	26	Because this bill creates a new crime or revises a penalty for an existing crime,
27	27	the Joint Review Committee on Criminal Penalties may be requested to prepare a
28	28	report.
29	29	The people of the state of Wisconsin, represented in senate and assembly, do
30	30	enact as follows:
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33	33	3 - 2 -2023 - 2024 Legislature LRB-0711/1
34	34	CMH:cjs
35	35	SECTION 1 ASSEMBLY BILL 765
36	36	SECTION 1. 948.55 of the statutes is repealed and recreated to read:
37	37	948.55 Storage of firearm if children present. (1) Whoever resides with
38	38	a child, or knows a child will be present in his or her residence, may not store or leave
39	39	a firearm at his or her residence unless the firearm is in a securely locked box or
40	40	container or in a locked location that a reasonable person would believe to be secure
41	41	or unless a trigger lock is engaged on the firearm. This prohibition does not apply
42	42	to a person who is going armed with the firearm.
43	43	(2) A person who violates sub. (1) is guilty of the following:
44	44	(a) For a first violation, a Class A misdemeanor.
45	45	(b) For a 2nd or subsequent violation, a Class I felony.
46	46	SECTION 2. 968.02 (4) of the statutes is amended to read:
47	47	968.02 (4) If the alleged violator under s. 948.55 (2) or 948.60 (2) (c) is or was
48	48	the parent or guardian of a child who is injured or dies as a result of an accidental
49	49	shooting, the district attorney may consider, among other factors, the impact of the
50	50	injury or death on the alleged violator when deciding whether to issue a complaint
51	51	regarding the alleged violation. This subsection does not restrict the factors that a
52	52	district attorney may consider in deciding whether to issue a complaint regarding
53	53	any alleged violation.
54	54	SECTION 3. 968.07 (3) of the statutes is amended to read:
55	55	968.07 (3) If the alleged violator under s. 948.55 (2) or 948.60 (2) (c) is or was
56	56	the parent or guardian of a child who is injured or dies as a result of an accidental
57	57	shooting, no law enforcement officer may arrest the alleged violator until at least 7
58	58	days after the date of the shooting.
59	59	(END)
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