Date of enactment: March 26, 2024
2023 Senate Bill 829 Date of publication*: March 27, 2024
2023 WISCONSIN ACT 218
AN ACT to amend 165.85 (3) (a), 165.85 (3) (c), 165.85 (3) (cm) (intro.), 5. and 6., 175.44 (1) (b) and 943.13 (4m)
(bm); and to create 29.089 (2) (am), 29.091 (2) (am), 29.621 (4) (am), 165.85 (2) (fh), 165.85 (4) (am), 440.26 (3m)
(am), 941.23 (2) (am), 948.605 (2) (b) 2e. and 948.605 (3) (b) 5m. of the statutes; relating to: allowing a tactical
emergency medical services professional to carry a firearm in prohibited areas.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 29.089 (2) (am) of the statutes is created
to read:
29.089 (2) (am) A person who is certified as a tactical
emergency medical services professional under s. 165.85
(3) while acting in the line of duty.
SECTION 2. 29.091 (2) (am) of the statutes is created
to read:
29.091 (2) (am) A person who is certified as a tactical
emergency medical services professional under s. 165.85
(3) while acting in the line of duty.
SECTION 3. 29.621 (4) (am) of the statutes is created
to read:
29.621 (4) (am) A person who is certified as a tactical
emergency medical services professional under s. 165.85
(3) while acting in the line of duty.
SECTION 4. 165.85 (2) (fh) of the statutes is created
to read:
165.85 (2) (fh) “Tactical emergency medical services
professional” means a licensed emergency medical ser-
vices professional who has been endorsed by the depart-
ment of health services as a person who provides medical
services when operating as part of a law enforcement tac-
tical team and operating with the prior written approval
of the sheriff or chief of police for the jurisdiction in
which the licensed emergency medical services profes-
sional is authorized to carry out his or her duties.
SECTION 5. 165.85 (3) (a) of the statutes is amended
to read:
165.85 (3) (a) Promulgate rules for the administra-
tion of this section including the authority to require the
submission of reports and information pertaining to the
administration of this section by law enforcement agen-
cies, tribal law enforcement agencies, jails, juvenile
detention facilities, and schools approved by the board
and operated by or for this state or any political subdivi-
sion of the state for the specific purpose of training law
enforcement recruits, law enforcement officers, tribal
law enforcement recruits, tribal law enforcement offi-
cers, tactical emergency medical services professionals,
jail officer recruits, jail officers, juvenile detention offi-
cer recruits, or juvenile detention officers in this state.
SECTION 6. 165.85 (3) (c) of the statutes is amended
to read:
165.85 (3) (c) Except as provided under sub. (3m)
(a), certify persons as being qualified under this section
to be law enforcement officers, tribal law enforcement
officers, tactical emergency medical services profession-
als, jail officers, or juvenile detention officers. Prior to
* 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 218 2023 Senate Bill 829
being certified under this paragraph, a tribal law enforce-
ment officer shall agree to accept the duties of law
enforcement officers under the laws of this state.
SECTION 7. 165.85 (3) (cm) (intro.), 5. and 6. of the
statutes are amended to read:
165.85 (3) (cm) (intro.) Decertify law enforcement
officers, tribal law enforcement officers, tactical emer-
gency medical services professionals, jail officers, or
juvenile detention officers who do any of the following:
5. Are convicted of a felony or of any offense that, if
committed in Wisconsin, could be punished as a felony.
A law enforcement officer or tactical emergency medical
services professional so convicted shall notify the board
within 30 days of his or her conviction.
6. Are convicted of a misdemeanor crime of domestic
violence, as defined in 18 USC 921 (a) (33), or are con-
victed of domestic abuse, as defined in s. 968.075 (1) (a),
or the conviction is subject to the imposition of the
domestic abuse surcharge under s. 973.055 (1), regard-
less of whether any part of the surcharge is waived by the
court under s. 973.055 (4). A law enforcement officer or
tactical emergency medical services professional so con-
victed shall notify the board within 30 days of his or her
conviction.
SECTION 8. 165.85 (4) (am) of the statutes is created
to read:
165.85 (4) (am) Tactical emergency medical services
professionals. 1. The board shall establish minimum
training standards for tactical emergency medical ser-
vices professionals. In establishing the minimum train-
ing standards, the board shall consider recommendations
made by the curriculum advisory committee. The board
may amend the standards as needed to respond to techno-
logical changes affecting law enforcement or tactical
emergency medical services, additional recommenda-
tions made by the curriculum advisory committee, or
other conditions affecting the public interest in maintain-
ing training standards of a proper professional character.
Notwithstanding s. 227.10 (1), the standards established
under this subdivision need not be promulgated as rules
under ch. 227.
2. No person may be certified as a tactical emergency
medical services professional, except on a temporary or
probationary basis, unless the person has satisfactorily
met the standards established under subd. 1. and has been
certified by the board as being qualified to be a tactical
emergency medical services professional. No person
may be certified as a tactical emergency medical services
professional without the prior written approval of the
sheriff or chief of police for the jurisdiction in which the
tactical emergency medical services professional is
authorized to carry out his or her duties. The sheriff or
chief of police must have authority and responsibility
over the team on which he or she is approving the tactical
emergency medical services professional to go armed
with a firearm.
3. A person who has met the minimum training stan-
dards established under subd. 1., and who seeks certifica-
tion as a tactical emergency medical services profes-
sional, shall be fingerprinted on 2 fingerprint cards, each
bearing a complete set of the person’s fingerprints, or by
other technologies approved by the department of justice.
The fingerprints shall be submitted to the department of
justice for verification of the identify of the person fin-
gerprinted and to obtain records of his or her criminal
arrests and convictions in Wisconsin. The department of
justice shall provide for the submission of the fingerprint
cards or fingerprints by other technologies to the federal
bureau of investigation for the purpose of verifying the
person fingerprinted and obtaining records of his or her
criminal arrests and convictions on file with the federal
bureau of investigation.
4. No person who has been convicted of any federal
felony, any crime of domestic violence, or of any offense
that, if committed in Wisconsin, could be punished as a
felony qualifies for certification as a tactical emergency
medical services professional unless he or she has been
granted an absolute and unconditional pardon for the
crime.
5. a. No person may continue to be certified as a tacti-
cal emergency medical services professional unless that
person maintains employment as a tactical emergency
medical services professional, maintains the approval of
the sheriff or chief of police for the jurisdiction in which
the tactical emergency medical services professional is
authorized to carry out his or her duties, and meets annual
recertification training standards.
b. Each tactical emergency medical services profes-
sional who is subject to this subdivision shall annually
complete a handgun qualification course from curricula
based upon model standards established by the board
under par. (e). Hours of training completed under this
subd. 5. b. shall count toward the hours of training
required for certification.
SECTION 9. 175.44 (1) (b) of the statutes is amended
to read:
175.44 (1) (b) “Law enforcement officer” has the
meaning given in s. 165.85 (2) (c) and includes a tactical
emergency medical services professional, as defined in s.
165.85 (2) (fh), certified under s. 165.85 (3).
SECTION 10. 440.26 (3m) (am) of the statutes is cre-
ated to read:
440.26 (3m) (am) A person who is certified as a tacti-
cal emergency medical services professional under s.
165.85 (3) to carry a concealed firearm.
SECTION 11. 941.23 (2) (am) of the statutes is created
to read:
941.23 (2) (am) A person who is certified as a tactical
emergency medical services professional under s. 165.85
(3) while acting in the line of duty.
SECTION 12. 943.13 (4m) (bm) of the statutes is
amended to read: − 3 − 2023 Wisconsin Act 218 2023 Senate Bill 829
943.13 (4m) (bm) Subsection (1m) (c) 2. and 4. does
not apply to a law enforcement officer employed in this
state by a public agency to whom s. 941.23 (1) (g) 2. to
5. and (2) (b) 1. to 3. applies, to a tactical emergency med-
ical services professional certified under s. 165.85 (3)
acting in the line of duty, to a qualified out−of−state law
enforcement officer, as defined in s. 941.23 (1) (g), to
whom s. 941.23 (2) (b) 1. to 3. applies, or to a former offi-
cer, as defined in s. 941.23 (1) (c), to whom s. 941.23 (2)
(c) 1. to 7. applies if the law enforcement officer, the tacti-
cal emergency medical services professional, the quali-
fied out−of−state law enforcement officer, or the former
officer is in or on the grounds of a school, as defined in
s. 948.61 (1) (b).
SECTION 13. 948.605 (2) (b) 2e. of the statutes is cre-
ated to read:
948.605 (2) (b) 2e. A person who is certified as a tac-
tical emergency medical services professional under s.
165.85 (3) acting in his or her official capacity.
SECTION 14. 948.605 (3) (b) 5m. of the statutes is cre-
ated to read:
948.605 (3) (b) 5m. By a person who is certified as
a tactical emergency medical services professional under
s. 165.85 (3) acting in his or her official capacity.