1 | 1 | | LRB-4111/1 |
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2 | 2 | | CMH:cdc |
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3 | 3 | | 2023 - 2024 LEGISLATURE |
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4 | 4 | | 2023 ASSEMBLY BILL 882 |
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5 | 5 | | January 2, 2024 - Introduced by Representatives TUSLER, BEHNKE, BODDEN, |
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6 | 6 | | DITTRICH, DONOVAN, EDMING, GUNDRUM, MAGNAFICI, MURPHY, ORTIZ-VELEZ, |
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7 | 7 | | SCHRAA and W ICHGERS, cosponsored by Senators W ANGGAARD and |
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8 | 8 | | CABRAL-GUEVARA. Referred to Committee on Criminal Justice and Public |
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9 | 9 | | Safety. |
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10 | 10 | | ***AUTHORS SUBJECT TO CHANGE*** |
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11 | 11 | | AN ACT to amend 165.85 (3) (a), 165.85 (3) (c), 165.85 (3) (cm) (intro.), 5. and 6., |
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12 | 12 | | 175.44 (1) (b) and 943.13 (4m) (bm); and to create 29.089 (2) (am), 29.091 (2) |
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13 | 13 | | (am), 29.621 (4) (am), 165.85 (2) (fh), 165.85 (4) (am), 440.26 (3m) (am), 941.23 |
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14 | 14 | | (2) (am), 948.605 (2) (b) 2e. and 948.605 (3) (b) 5m. of the statutes; relating to: |
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15 | 15 | | allowing a tactical emergency medical services professional to carry a firearm |
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16 | 16 | | in prohibited areas. |
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17 | 17 | | Analysis by the Legislative Reference Bureau |
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18 | 18 | | Current law prohibits a person from carrying a firearm in certain places, |
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19 | 19 | | including in public buildings, police stations, jails, courthouses, school zones, and |
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20 | 20 | | places that are marked with a notification that it is trespassing to carry a firearm |
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21 | 21 | | while on the property. Current law provides many exceptions, including an exception |
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22 | 22 | | for law enforcement officers acting in the line of duty. This bill adds an exception that |
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23 | 23 | | mirrors the exception for law enforcement officers for a tactical emergency medical |
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24 | 24 | | services professional who is certified as such by the Law Enforcement Standards |
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25 | 25 | | Board and acting in the line of duty. The bill defines a TEMS professional as a |
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26 | 26 | | licensed emergency medical services professional who has been endorsed by the |
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27 | 27 | | Department of Health Services as a person who provides medical services when |
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28 | 28 | | operating as part of a tactical team |
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29 | 29 | | Under current law, the Law Enforcement Standards Board regulates the |
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30 | 30 | | training and recertification training of law enforcement officers. As part of |
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36 | 36 | | 6 - 2 -2023 - 2024 Legislature LRB-4111/1 |
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37 | 37 | | CMH:cdc |
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38 | 38 | | ASSEMBLY BILL 882 |
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39 | 39 | | recertification training, an officer must complete an annual handgun operation |
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40 | 40 | | qualification course. This bill requires LESB to establish minimum training |
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41 | 41 | | standards to certify TEMS professionals, including the same annual handgun |
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42 | 42 | | operation qualification course required for law enforcement officers. |
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43 | 43 | | For further information see the state fiscal estimate, which will be printed as |
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44 | 44 | | an appendix to this bill. |
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45 | 45 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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46 | 46 | | enact as follows: |
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47 | 47 | | SECTION 1. 29.089 (2) (am) of the statutes is created to read: |
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48 | 48 | | 29.089 (2) (am) A person who is certified as a tactical emergency medical |
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49 | 49 | | services professional under s. 165.85 (3) while acting in the line of duty. |
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50 | 50 | | SECTION 2. 29.091 (2) (am) of the statutes is created to read: |
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51 | 51 | | 29.091 (2) (am) A person who is certified as a tactical emergency medical |
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52 | 52 | | services professional under s. 165.85 (3) while acting in the line of duty. |
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53 | 53 | | SECTION 3. 29.621 (4) (am) of the statutes is created to read: |
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54 | 54 | | 29.621 (4) (am) A person who is certified as a tactical emergency medical |
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55 | 55 | | services professional under s. 165.85 (3) while acting in the line of duty. |
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56 | 56 | | SECTION 4. 165.85 (2) (fh) of the statutes is created to read: |
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57 | 57 | | 165.85 (2) (fh) “Tactical emergency medical services professional” means a |
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58 | 58 | | licensed emergency medical services professional who has been endorsed by the |
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59 | 59 | | department of health services as a person who provides medical services when |
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60 | 60 | | operating as part of a tactical team. |
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61 | 61 | | SECTION 5. 165.85 (3) (a) of the statutes is amended to read: |
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62 | 62 | | 165.85 (3) (a) Promulgate rules for the administration of this section including |
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63 | 63 | | the authority to require the submission of reports and information pertaining to the |
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64 | 64 | | administration of this section by law enforcement agencies, tribal law enforcement |
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65 | 65 | | agencies, jails, juvenile detention facilities, and schools approved by the board and |
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84 | 84 | | 19 - 3 -2023 - 2024 Legislature |
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85 | 85 | | LRB-4111/1 |
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86 | 86 | | CMH:cdc |
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87 | 87 | | SECTION 5 |
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88 | 88 | | ASSEMBLY BILL 882 |
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89 | 89 | | operated by or for this state or any political subdivision of the state for the specific |
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90 | 90 | | purpose of training law enforcement recruits, law enforcement officers, tribal law |
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91 | 91 | | enforcement recruits, tribal law enforcement officers, tactical emergency medical |
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92 | 92 | | services professionals, jail officer recruits, jail officers, juvenile detention officer |
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93 | 93 | | recruits, or juvenile detention officers in this state. |
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94 | 94 | | SECTION 6. 165.85 (3) (c) of the statutes is amended to read: |
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95 | 95 | | 165.85 (3) (c) Except as provided under sub. (3m) (a), certify persons as being |
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96 | 96 | | qualified under this section to be law enforcement officers, tribal law enforcement |
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97 | 97 | | officers, tactical emergency medical services professionals, jail officers, or juvenile |
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98 | 98 | | detention officers. Prior to being certified under this paragraph, a tribal law |
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99 | 99 | | enforcement officer shall agree to accept the duties of law enforcement officers under |
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100 | 100 | | the laws of this state. |
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101 | 101 | | SECTION 7. 165.85 (3) (cm) (intro.), 5. and 6. of the statutes are amended to read: |
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102 | 102 | | 165.85 (3) (cm) (intro.) Decertify law enforcement officers, tribal law |
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103 | 103 | | enforcement officers, tactical emergency medical services professionals, jail officers, |
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104 | 104 | | or juvenile detention officers who do any of the following: |
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105 | 105 | | 5. Are convicted of a felony or of any offense that, if committed in Wisconsin, |
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106 | 106 | | could be punished as a felony. A law enforcement officer or tactical emergency |
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107 | 107 | | medical services professional so convicted shall notify the board within 30 days of his |
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108 | 108 | | or her conviction. |
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109 | 109 | | 6. Are convicted of a misdemeanor crime of domestic violence, as defined in 18 |
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110 | 110 | | USC 921 (a) (33), or are convicted of domestic abuse, as defined in s. 968.075 (1) (a), |
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111 | 111 | | or the conviction is subject to the imposition of the domestic abuse surcharge under |
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112 | 112 | | s. 973.055 (1), regardless of whether any part of the surcharge is waived by the court |
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113 | 113 | | under s. 973.055 (4). A law enforcement officer or tactical emergency medical |
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138 | 138 | | 25 - 4 -2023 - 2024 Legislature LRB-4111/1 |
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139 | 139 | | CMH:cdc |
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140 | 140 | | SECTION 7 ASSEMBLY BILL 882 |
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141 | 141 | | services professional so convicted shall notify the board within 30 days of his or her |
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142 | 142 | | conviction. |
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143 | 143 | | SECTION 8. 165.85 (4) (am) of the statutes is created to read: |
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144 | 144 | | 165.85 (4) (am) Tactical emergency medical services professionals. 1. The board |
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145 | 145 | | shall establish minimum training standards for tactical emergency medical services |
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146 | 146 | | professionals. In establishing the minimum training standards, the board shall |
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147 | 147 | | consider recommendations made by the curriculum advisory committee. The board |
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148 | 148 | | may amend the standards as needed to respond to technological changes affecting |
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149 | 149 | | law enforcement or tactical emergency medical services, additional |
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150 | 150 | | recommendations made by the curriculum advisory committee, or other conditions |
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151 | 151 | | affecting the public interest in maintaining training standards of a proper |
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152 | 152 | | professional character. Notwithstanding s. 227.10 (1), the standards established |
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153 | 153 | | under this subdivision need not be promulgated as rules under ch. 227. |
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154 | 154 | | 2. No person may be certified as a tactical emergency medical services |
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155 | 155 | | professional, except on a temporary or probationary basis, unless the person has |
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156 | 156 | | satisfactorily met the standards established under subd. 1. and has been certified by |
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157 | 157 | | the board as being qualified to be a tactical emergency medical services professional. |
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158 | 158 | | 3. A person who has met the minimum training standards established under |
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159 | 159 | | subd. 1., and who seeks certification as a tactical emergency medical services |
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160 | 160 | | professional, shall be fingerprinted on 2 fingerprint cards, each bearing a complete |
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161 | 161 | | set of the person's fingerprints, or by other technologies approved by the department |
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162 | 162 | | of justice. The fingerprints shall be submitted to the department of justice for |
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163 | 163 | | verification of the identify of the person fingerprinted and to obtain records of his or |
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164 | 164 | | her criminal arrests and convictions in Wisconsin. The department of justice shall |
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165 | 165 | | provide for the submission of the fingerprint cards or fingerprints by other |
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190 | 190 | | 25 - 5 -2023 - 2024 Legislature |
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191 | 191 | | LRB-4111/1 |
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192 | 192 | | CMH:cdc |
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193 | 193 | | SECTION 8 |
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194 | 194 | | ASSEMBLY BILL 882 |
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195 | 195 | | technologies to the federal bureau of investigation for the purpose of verifying the |
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196 | 196 | | person fingerprinted and obtaining records of his or her criminal arrests and |
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197 | 197 | | convictions on file with the federal bureau of investigation. |
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198 | 198 | | 4. No person who has been convicted of any federal felony, any crime of domestic |
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199 | 199 | | violence, or of any offense that, if committed in Wisconsin, could be punished as a |
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200 | 200 | | felony qualifies for certification as a tactical emergency medical services professional |
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201 | 201 | | unless he or she has been granted an absolute and unconditional pardon for the |
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202 | 202 | | crime. |
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203 | 203 | | 5. a. No person may continue to be certified as a tactical emergency medical |
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204 | 204 | | services professional unless that person maintains employment as a tactical |
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205 | 205 | | emergency medical services professional and meets annual recertification training |
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206 | 206 | | standards. A tactical emergency medical services professional who is subject to this |
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207 | 207 | | subdivision shall meet the recertification standards each fiscal year beginning in the |
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208 | 208 | | fiscal year following the fiscal year in which he or she is certified as a tactical |
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209 | 209 | | emergency medical services professional by the board. |
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210 | 210 | | b. Each tactical emergency medical services professional who is subject to this |
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211 | 211 | | subdivision shall annually complete a handgun qualification course from curricula |
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212 | 212 | | based upon model standards established by the board under par. (e). Hours of |
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213 | 213 | | training completed under this subd. 5. b. shall count toward the hours of training |
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214 | 214 | | required for certification. |
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215 | 215 | | SECTION 9. 175.44 (1) (b) of the statutes is amended to read: |
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216 | 216 | | 175.44 (1) (b) “Law enforcement officer” has the meaning given in s. 165.85 (2) |
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217 | 217 | | (c) and includes a tactical emergency medical services professional certified under |
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218 | 218 | | s. 165.85 (3). |
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219 | 219 | | SECTION 10. 440.26 (3m) (am) of the statutes is created to read: |
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244 | 244 | | 25 - 6 -2023 - 2024 Legislature LRB-4111/1 |
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245 | 245 | | CMH:cdc |
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246 | 246 | | SECTION 10 ASSEMBLY BILL 882 |
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247 | 247 | | 440.26 (3m) (am) A person who is certified as a tactical emergency medical |
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248 | 248 | | services professional under s. 165.85 (3) to carry a concealed firearm. |
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249 | 249 | | SECTION 11. 941.23 (2) (am) of the statutes is created to read: |
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250 | 250 | | 941.23 (2) (am) A person who is certified as a tactical emergency medical |
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251 | 251 | | services professional under s. 165.85 (3) while acting in the line of duty. |
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252 | 252 | | SECTION 12. 943.13 (4m) (bm) of the statutes is amended to read: |
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253 | 253 | | 943.13 (4m) (bm) Subsection (1m) (c) 2. and 4. does not apply to a law |
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254 | 254 | | enforcement officer employed in this state by a public agency to whom s. 941.23 (1) |
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255 | 255 | | (g) 2. to 5. and (2) (b) 1. to 3. applies, to a tactical emergency medical services |
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256 | 256 | | professional certified under s. 165.85 (3) acting in the line of duty, to a qualified |
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257 | 257 | | out-of-state law enforcement officer, as defined in s. 941.23 (1) (g), to whom s. 941.23 |
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258 | 258 | | (2) (b) 1. to 3. applies, or to a former officer, as defined in s. 941.23 (1) (c), to whom |
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259 | 259 | | s. 941.23 (2) (c) 1. to 7. applies if the law enforcement officer, the tactical emergency |
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260 | 260 | | medical services professional, the qualified out-of-state law enforcement officer, or |
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261 | 261 | | the former officer is in or on the grounds of a school, as defined in s. 948.61 (1) (b). |
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262 | 262 | | SECTION 13. 948.605 (2) (b) 2e. of the statutes is created to read: |
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263 | 263 | | 948.605 (2) (b) 2e. A person who is certified as a tactical emergency medical |
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264 | 264 | | services professional under s. 165.85 (3) acting in his or her official capacity. |
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265 | 265 | | SECTION 14. 948.605 (3) (b) 5m. of the statutes is created to read: |
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266 | 266 | | 948.605 (3) (b) 5m. By a person who is certified as a tactical emergency medical |
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267 | 267 | | services professional under s. 165.85 (3) acting in his or her official capacity. |
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268 | 268 | | (END) |
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