Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB859 Compare Versions

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

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 859
5	5	December 22, 2023 - Introduced by Representatives S UBECK, PALMERI, C.
6	6	ANDERSON, J. ANDERSON, ANDRACA, CLANCY, CONLEY, EMERSON, JACOBSON,
7	7	JOERS, MADISON, OHNSTAD, RATCLIFF, SINICKI and STUBBS, cosponsored by
8	8	Senators ROYS, AGARD, CARPENTER, HESSELBEIN, JACQUE, L. JOHNSON, LARSON,
9	9	PFAFF, SMITH, SPREITZER, TAYLOR and WIRCH. Referred to Committee on
10	10	Criminal Justice and Public Safety.
11	11	*AUTHORS SUBJECT TO CHANGE*
12	12	AN ACT to renumber and amend 947.01 (1); to amend 968.075 (1) (a) (intro.);
13	13	and to create 947.01 (1) (a) and 968.075 (1) (f) of the statutes; relating to:
14	14	firearm transfers and possession that are prohibited under federal law.
15	15	Analysis by the Legislative Reference Bureau
16	16	Under federal law, a person is prohibited from possessing a firearm if he or she
17	17	has been convicted of a misdemeanor crime of domestic violence. Under state law,
18	18	a person who is prohibited from possessing a firearm under federal or state law also
19	19	may not purchase a firearm or be issued a license to carry a concealed weapon. State
20	20	law requires the Department of Justice, before approving a handgun purchase or
21	21	issuing a license, to conduct a background check to determine if the person is
22	22	prohibited from possessing a firearm. To determine if the person is prohibited under
23	23	federal law, DOJ must review court records of all of the person's criminal convictions
24	24	to identify if any conviction is for a misdemeanor crime of domestic violence. DOJ
25	25	must determine if the relationship between the offender and the victim qualifies as
26	26	a domestic relationship and if the offender engaged in violent conduct when
27	27	committing the crime. The bill reorganizes two statutes—the crime of disorderly
28	28	conduct and the definition of domestic abuse—so that DOJ is able to more easily
29	29	determine if a conviction qualifies as a misdemeanor crime of domestic violence.
30	30	First, under current law, a person is guilty of disorderly conduct if the person
31	31	engages in violent, abusive, indecent, profane, boisterous, unreasonably loud, or
32	32	otherwise disorderly conduct and if the conduct tends to cause or provoke a
33	33	disturbance. A person who has been convicted of disorderly conduct is prohibited
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38	38	ASSEMBLY BILL 859
39	39	from possessing a firearm if the disorderly conduct was a misdemeanor crime of
40	40	domestic violence—that is, if the person engaged in violent conduct and if the
41	41	relationship between the person and the victim was domestic. The bill reorganizes
42	42	the disorderly conduct statute to separate “violent” conduct from the other types of
43	43	disorderly conduct so that the court record clearly indicates that the crime was a
44	44	violent crime.
45	45	Second, under current state law, “domestic abuse” is defined as certain actions
46	46	taken against a victim if the victim is related to the actor, has a child in common with
47	47	the actor, or currently resides or has resided with the actor. Unlike state law, federal
48	48	law does not define a crime as domestic violence if the only relationship is that the
49	49	victim currently resides or has resided with the actor. The bill reorganizes the
50	50	statute defining domestic abuse so that a court record would indicate the exact
51	51	nature of the relationship. Therefore, under the bill, the court record would indicate
52	52	when a person who is guilty under state law of a crime of domestic abuse is not guilty
53	53	under federal law of a misdemeanor crime of domestic violence.
54	54	For further information see the state and local fiscal estimate, which will be
55	55	printed as an appendix to this bill.
56	56	The people of the state of Wisconsin, represented in senate and assembly, do
57	57	enact as follows:
58	58	SECTION 1. 947.01 (1) of the statutes is renumbered 947.01 (1) (intro.) and
59	59	amended to read:
60	60	947.01 (1) (intro.) Whoever, in a public or private place, engages in violent,
61	61	abusive, any of the following is guilty of a Class B misdemeanor:
62	62	(b) Abusive, indecent, profane, boisterous, unreasonably loud or otherwise
63	63	disorderly conduct under circumstances in which the conduct tends to cause or
64	64	provoke a disturbance is guilty of a Class B misdemeanor.
65	65	SECTION 2. 947.01 (1) (a) of the statutes is created to read:
66	66	947.01 (1) (a) Violent behavior that involves the use or attempted use of
67	67	physical force or the use or threat to use a dangerous weapon.
68	68	SECTION 3. 968.075 (1) (a) (intro.) of the statutes is amended to read:
69	69	968.075 (1) (a) (intro.) “Domestic abuse" means any of the following engaged
70	70	in by an adult person against his or her spouse or former spouse, against an adult
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86	86	SECTION 3
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88	88	with whom the person resides or formerly resided or against an adult with whom the
89	89	person has a child in common a relative of the adult person:
90	90	SECTION 4. 968.075 (1) (f) of the statutes is created to read:
91	91	968.075 (1) (f) “Relative” means any of the following:
92	92	1. A spouse or former spouse.
93	93	2. A parent or stepparent.
94	94	3. A legal guardian.
95	95	4. A person with whom the adult person has a child in common.
96	96	5. A person with whom the adult person is cohabiting or has cohabited as a
97	97	spouse, a parent, or a legal guardian.
98	98	6. A person who is similarly situated to the adult person as a spouse, a parent,
99	99	or a legal guardian.
100	100	7. An adult who is residing or has resided with the adult person if subd. 1., 2.,
101	101	3., 4., 5., or 6. does not apply.
102	102	(END)
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