Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB766 Compare Versions

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

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1	1	LRB-5247/1
2	2	CMH:cjs
3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 766
5	5	December 8, 2023 - Introduced by Senators LARSON, TAYLOR, HESSELBEIN and L.
6	6	JOHNSON, cosponsored by Representatives SUBECK, CONLEY, J. ANDERSON,
7	7	EMERSON, CONSIDINE, SINICKI, ANDRACA, BARE, CABRERA, JACOBSON, JOERS,
8	8	OHNSTAD, PALMERI, RATCLIFF, SHELTON and STUBBS. Referred to Committee on
9	9	Judiciary and Public Safety.
10	10	AN ACT to amend 968.02 (4) and 968.07 (3); and to repeal and recreate 948.55
11	11	of the statutes; relating to: storage of a firearm in residence if child is present
12	12	and providing a penalty.
13	13	Analysis by the Legislative Reference Bureau
14	14	This bill prohibits a person from storing or leaving a firearm at his or her
15	15	residence if the person resides with a child who is under the age of 18, or knows a child
16	16	who is under the age of 18 will be present in the residence, unless the firearm is in
17	17	a securely locked box or container or other secure locked location or has a trigger lock
18	18	engaged. A person who violates this prohibition is guilty of a Class A misdemeanor
19	19	for a first offense and a Class I felony for a subsequent offense. This prohibition
20	20	replaces the current law that penalizes a person who recklessly stores or leaves a
21	21	loaded firearm within reach of a child who is under 14 if the child obtains it and does
22	22	one of the following: 1) discharges the firearm and causes bodily harm or death (Class
23	23	A misdemeanor); or 2) possesses or exhibits the firearm in a public place or
24	24	endangers public safety (Class C misdemeanor).
25	25	Because this bill creates a new crime or revises a penalty for an existing crime,
26	26	the Joint Review Committee on Criminal Penalties may be requested to prepare a
27	27	report.
28	28	The people of the state of Wisconsin, represented in senate and assembly, do
29	29	enact as follows:
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32	32	3 - 2 -2023 - 2024 Legislature LRB-5247/1
33	33	CMH:cjs
34	34	SECTION 1 SENATE BILL 766
35	35	SECTION 1. 948.55 of the statutes is repealed and recreated to read:
36	36	948.55 Storage of firearm if children present. (1) Whoever resides with
37	37	a child, or knows a child will be present in his or her residence, may not store or leave
38	38	a firearm at his or her residence unless the firearm is in a securely locked box or
39	39	container or in a locked location that a reasonable person would believe to be secure
40	40	or unless a trigger lock is engaged on the firearm. This prohibition does not apply
41	41	to a person who is going armed with the firearm.
42	42	(2) A person who violates sub. (1) is guilty of the following:
43	43	(a) For a first violation, a Class A misdemeanor.
44	44	(b) For a 2nd or subsequent violation, a Class I felony.
45	45	SECTION 2. 968.02 (4) of the statutes is amended to read:
46	46	968.02 (4) If the alleged violator under s. 948.55 (2) or 948.60 (2) (c) is or was
47	47	the parent or guardian of a child who is injured or dies as a result of an accidental
48	48	shooting, the district attorney may consider, among other factors, the impact of the
49	49	injury or death on the alleged violator when deciding whether to issue a complaint
50	50	regarding the alleged violation. This subsection does not restrict the factors that a
51	51	district attorney may consider in deciding whether to issue a complaint regarding
52	52	any alleged violation.
53	53	SECTION 3. 968.07 (3) of the statutes is amended to read:
54	54	968.07 (3) If the alleged violator under s. 948.55 (2) or 948.60 (2) (c) is or was
55	55	the parent or guardian of a child who is injured or dies as a result of an accidental
56	56	shooting, no law enforcement officer may arrest the alleged violator until at least 7
57	57	days after the date of the shooting.
58	58	(END)
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