Date of enactment:
2023 Senate Bill 641 Date of publication*:
2023 WISCONSIN ACT
AN ACT to repeal 165.81 (2) and 941.295; to amend 165.63 (4) (a), 175.60 (1) (j), 938.341, 938.78 (3), 939.22 (10),
948.60 (1), 971.17 (1g) and 973.176 (1); and to create 939.22 (11m) and 941.2915 of the statutes; relating to: elimi-
nating the prohibitions on electric weapons and providing a penalty.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 165.63 (4) (a) of the statutes is amended
to read:
165.63 (4) (a) Enforce or investigate a violation of s.
941.29 or, 941.2905, or 941.2915.
SECTION 2. 165.81 (2) of the statutes is repealed.
SECTION 3. 175.60 (1) (j) of the statutes is amended
to read:
175.60 (1) (j) “Weapon” means a handgun, an elec-
tric weapon, as defined in s. 941.295 (1c) (a), or a billy
club.
SECTION 4. 938.341 of the statutes is amended to
read:
938.341 Delinquency adjudication; restriction on
firearm and electric weapon possession. Whenever a
court adjudicates a juvenile delinquent for an act that if
committed by an adult in this state would be a felony, the
court shall inform the juvenile of the requirements and
penalties under s. ss. 941.29 and 941.2915.
SECTION 5. 938.78 (3) of the statutes, as affected by
2023 Wisconsin Act 10, is amended to read:
938.78 (3) RELEASE OF INFORMATION WHEN ESCAPE OR
ABSENCE; RULES. If a juvenile adjudged delinquent under
s. 48.12, 1993 stats., or s. 938.12 or found to be in need
of protection or services under s. 48.13 (12) or (14), 1993
stats., or s. 938.13 (12) or (14) on the basis of a violation
of s. 943.23 (1m) or (1r), 1999 stats., or s. 943.23 (1g),
2021 stats., or s. 941.10, 941.11, 941.20, 941.21, 941.23,
941.231, 941.235, 941.237, 941.26, 941.28, 941.295,
941.298, 941.30, 941.31, 941.32, 941.325, 943.02,
943.03, 943.04, 943.10 (2) (a), 943.231 (1), 943.32 (2),
948.02, 948.025, 948.03, 948.05, 948.055, 948.085 (2),
948.60, 948.605, or 948.61 or any crime specified in ch.
940 has escaped from a juvenile correctional facility, res-
idential care center for children and youth, secured resi-
dential care center for children and youth, inpatient facil-
ity, as defined in s. 51.01 (10), juvenile detention facility,
or juvenile portion of a county jail, or from the custody
of a peace officer or a guard of such a facility, center, or
jail, or has been allowed to leave a juvenile correctional
facility, residential care center for children and youth,
secured residential care center for children and youth,
inpatient facility, juvenile detention facility, or juvenile
portion of a county jail for a specified time period and is
absent from the facility, center, home, or jail for more
than 12 hours after the expiration of the specified period,
the department of corrections or county department,
whichever has supervision over the juvenile, may release
the juvenile’s name and any information about the juve-
nile that is necessary for the protection of the public or to
secure the juvenile’s return to the facility, center, home,
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” − 2 −2023 Wisconsin Act 2023 Senate Bill 641
or jail. The department of corrections shall promulgate
rules establishing guidelines for the release of the juve-
nile’s name or information about the juvenile to the pub-
lic.
SECTION 6. 939.22 (10) of the statutes is amended to
read:
939.22 (10) “Dangerous weapon” means any
firearm, whether loaded or unloaded; any device
designed as a weapon and capable of producing death or
great bodily harm; any ligature or other instrumentality
used on the throat, neck, nose, or mouth of another person
to impede, partially or completely, breathing or circula-
tion of blood; any electric weapon, as defined in s.
941.295 (1c) (a); or any other device or instrumentality
which, in the manner it is used or intended to be used, is
calculated or likely to produce death or great bodily
harm.
SECTION 7. 939.22 (11m) of the statutes is created to
read:
939.22 (11m) “Electric weapon” means any device
which is designed, redesigned, used, or intended to be
used, offensively or defensively, to immobilize or inca-
pacitate persons by the use of electric current.
SECTION 8. 941.2915 of the statutes is created to read:
941.2915 Possession of an electric weapon. A per-
son who is prohibited from possessing a firearm under s.
941.29 who possesses an electric weapon is guilty of a
Class G felony.
SECTION 9. 941.295 of the statutes is repealed.
SECTION 10. 948.60 (1) of the statutes is amended to
read:
948.60 (1) In this section, “dangerous weapon”
means any firearm, loaded or unloaded; any electric
weapon, as defined in s. 941.295 (1c) (a); metallic knuck-
les or knuckles of any substance which could be put to the
same use with the same or similar effect as metallic
knuckles; a nunchaku or any similar weapon consisting
of 2 sticks of wood, plastic or metal connected at one end
by a length of rope, chain, wire or leather; a cestus or sim-
ilar material weighted with metal or other substance and
worn on the hand; a shuriken or any similar pointed star−
like object intended to injure a person when thrown; or a
manrikigusari or similar length of chain having weighted
ends.
SECTION 11. 971.17 (1g) of the statutes is amended
to read:
971.17 (1g) NOTICE OF RESTRICTION ON FIREARM AND
ELECTRIC WEAPON POSSESSION. If the defendant under
sub. (1) is found not guilty of a felony by reason of mental
disease or defect, the court shall inform the defendant of
the requirements and penalties under s. ss. 941.29 and
941.2915.
SECTION 12. 973.176 (1) of the statutes is amended
to read:
973.176 (1) FIREARM AND ELECTRIC WEAPON POSSES-
SION. Whenever a court imposes a sentence or places a
defendant on probation regarding a felony conviction,
the court shall inform the defendant of the requirements
and penalties applicable to him or her under s. ss. 941.29
(1m) or (4m) and 941.2915.