Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB829 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Date of enactment: March 26, 2024
2		-	2023 Senate Bill 829 Date of publication*: March 27, 2024
3		-	2023 WISCONSIN ACT 218
4		-	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)
5		-	(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)
6		-	(am), 941.23 (2) (am), 948.605 (2) (b) 2e. and 948.605 (3) (b) 5m. of the statutes; relating to: allowing a tactical
7		-	emergency medical services professional to carry a firearm in prohibited areas.
8		-	The people of the state of Wisconsin, represented in
9		-	senate and assembly, do enact as follows:
10		-	SECTION 1. 29.089 (2) (am) of the statutes is created
11		-	to read:
12		-	29.089 (2) (am) A person who is certified as a tactical
13		-	emergency medical services professional under s. 165.85
14		-	(3) while acting in the line of duty.
15		-	SECTION 2. 29.091 (2) (am) of the statutes is created
16		-	to read:
17		-	29.091 (2) (am) A person who is certified as a tactical
18		-	emergency medical services professional under s. 165.85
19		-	(3) while acting in the line of duty.
20		-	SECTION 3. 29.621 (4) (am) of the statutes is created
21		-	to read:
22		-	29.621 (4) (am) A person who is certified as a tactical
23		-	emergency medical services professional under s. 165.85
24		-	(3) while acting in the line of duty.
25		-	SECTION 4. 165.85 (2) (fh) of the statutes is created
26		-	to read:
27		-	165.85 (2) (fh) “Tactical emergency medical services
28		-	professional” means a licensed emergency medical ser-
29		-	vices professional who has been endorsed by the depart-
30		-	ment of health services as a person who provides medical
31		-	services when operating as part of a law enforcement tac-
32		-	tical team and operating with the prior written approval
33		-	of the sheriff or chief of police for the jurisdiction in
34		-	which the licensed emergency medical services profes-
35		-	sional is authorized to carry out his or her duties.
36		-	SECTION 5. 165.85 (3) (a) of the statutes is amended
37		-	to read:
38		-	165.85 (3) (a) Promulgate rules for the administra-
39		-	tion of this section including the authority to require the
40		-	submission of reports and information pertaining to the
41		-	administration of this section by law enforcement agen-
42		-	cies, tribal law enforcement agencies, jails, juvenile
43		-	detention facilities, and schools approved by the board
44		-	and operated by or for this state or any political subdivi-
45		-	sion of the state for the specific purpose of training law
46		-	enforcement recruits, law enforcement officers, tribal
47		-	law enforcement recruits, tribal law enforcement offi-
48		-	cers, tactical emergency medical services professionals,
49		-	jail officer recruits, jail officers, juvenile detention offi-
50		-	cer recruits, or juvenile detention officers in this state.
51		-	SECTION 6. 165.85 (3) (c) of the statutes is amended
52		-	to read:
53		-	165.85 (3) (c) Except as provided under sub. (3m)
54		-	(a), certify persons as being qualified under this section
55		-	to be law enforcement officers, tribal law enforcement
56		-	officers, tactical emergency medical services profession-
57		-	als, jail officers, or juvenile detention officers. Prior to
58		-	* 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
59		-	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
60		-	being certified under this paragraph, a tribal law enforce-
61		-	ment officer shall agree to accept the duties of law
62		-	enforcement officers under the laws of this state.
63		-	SECTION 7. 165.85 (3) (cm) (intro.), 5. and 6. of the
64		-	statutes are amended to read:
65		-	165.85 (3) (cm) (intro.) Decertify law enforcement
66		-	officers, tribal law enforcement officers, tactical emer-
67		-	gency medical services professionals, jail officers, or
68		-	juvenile detention officers who do any of the following:
69		-	5. Are convicted of a felony or of any offense that, if
70		-	committed in Wisconsin, could be punished as a felony.
71		-	A law enforcement officer or tactical emergency medical
72		-	services professional so convicted shall notify the board
73		-	within 30 days of his or her conviction.
74		-	6. Are convicted of a misdemeanor crime of domestic
75		-	violence, as defined in 18 USC 921 (a) (33), or are con-
76		-	victed of domestic abuse, as defined in s. 968.075 (1) (a),
77		-	or the conviction is subject to the imposition of the
78		-	domestic abuse surcharge under s. 973.055 (1), regard-
79		-	less of whether any part of the surcharge is waived by the
80		-	court under s. 973.055 (4). A law enforcement officer or
81		-	tactical emergency medical services professional so con-
82		-	victed shall notify the board within 30 days of his or her
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	3	+	2023 - 2024 LEGISLATURE
	4	+	2023 SENATE BILL 829
	5	+	December 19, 2023 - Introduced by Senators WANGGAARD and CABRAL-GUEVARA,
	6	+	cosponsored by Representatives TUSLER, BEHNKE, BODDEN, DITTRICH,
	7	+	DONOVAN, EDMING, GUNDRUM, MAGNAFICI, MURPHY, ORTIZ-VELEZ and SCHRAA.
	8	+	Referred to Committee on Judiciary and Public Safety.
	9	+	*AUTHORS SUBJECT TO CHANGE*
	10	+	AN ACT to amend 165.85 (3) (a), 165.85 (3) (c), 165.85 (3) (cm) (intro.), 5. and 6.,
	11	+	175.44 (1) (b) and 943.13 (4m) (bm); and to create 29.089 (2) (am), 29.091 (2)
	12	+	(am), 29.621 (4) (am), 165.85 (2) (fh), 165.85 (4) (am), 440.26 (3m) (am), 941.23
	13	+	(2) (am), 948.605 (2) (b) 2e. and 948.605 (3) (b) 5m. of the statutes; relating to:
	14	+	allowing a tactical emergency medical services professional to carry a firearm
	15	+	in prohibited areas.
	16	+	Analysis by the Legislative Reference Bureau
	17	+	Current law prohibits a person from carrying a firearm in certain places,
	18	+	including in public buildings, police stations, jails, courthouses, school zones, and
	19	+	places that are marked with a notification that it is trespassing to carry a firearm
	20	+	while on the property. Current law provides many exceptions, including an exception
	21	+	for law enforcement officers acting in the line of duty. This bill adds an exception that
	22	+	mirrors the exception for law enforcement officers for a tactical emergency medical
	23	+	services professional who is certified as such by the Law Enforcement Standards
	24	+	Board and acting in the line of duty. The bill defines a TEMS professional as a
	25	+	licensed emergency medical services professional who has been endorsed by the
	26	+	Department of Health Services as a person who provides medical services when
	27	+	operating as part of a tactical team
	28	+	Under current law, the Law Enforcement Standards Board regulates the
	29	+	training and recertification training of law enforcement officers. As part of
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	37	+	SENATE BILL 829
	38	+	recertification training, an officer must complete an annual handgun operation
	39	+	qualification course. This bill requires LESB to establish minimum training
	40	+	standards to certify TEMS professionals, including the same annual handgun
	41	+	operation qualification course required for law enforcement officers.
	42	+	For further information see the state fiscal estimate, which will be printed as
	43	+	an appendix to this bill.
	44	+	The people of the state of Wisconsin, represented in senate and assembly, do
	45	+	enact as follows:
	46	+	SECTION 1. 29.089 (2) (am) of the statutes is created to read:
	47	+	29.089 (2) (am) A person who is certified as a tactical emergency medical
	48	+	services professional under s. 165.85 (3) while acting in the line of duty.
	49	+	SECTION 2. 29.091 (2) (am) of the statutes is created to read:
	50	+	29.091 (2) (am) A person who is certified as a tactical emergency medical
	51	+	services professional under s. 165.85 (3) while acting in the line of duty.
	52	+	SECTION 3. 29.621 (4) (am) of the statutes is created to read:
	53	+	29.621 (4) (am) A person who is certified as a tactical emergency medical
	54	+	services professional under s. 165.85 (3) while acting in the line of duty.
	55	+	SECTION 4. 165.85 (2) (fh) of the statutes is created to read:
	56	+	165.85 (2) (fh) “Tactical emergency medical services professional” means a
	57	+	licensed emergency medical services professional who has been endorsed by the
	58	+	department of health services as a person who provides medical services when
	59	+	operating as part of a tactical team.
	60	+	SECTION 5. 165.85 (3) (a) of the statutes is amended to read:
	61	+	165.85 (3) (a) Promulgate rules for the administration of this section including
	62	+	the authority to require the submission of reports and information pertaining to the
	63	+	administration of this section by law enforcement agencies, tribal law enforcement
	64	+	agencies, jails, juvenile detention facilities, and schools approved by the board and
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	86	+	SECTION 5
	87	+	SENATE BILL 829
	88	+	operated by or for this state or any political subdivision of the state for the specific
	89	+	purpose of training law enforcement recruits, law enforcement officers, tribal law
	90	+	enforcement recruits, tribal law enforcement officers, tactical emergency medical
	91	+	services professionals, jail officer recruits, jail officers, juvenile detention officer
	92	+	recruits, or juvenile detention officers in this state.
	93	+	SECTION 6. 165.85 (3) (c) of the statutes is amended to read:
	94	+	165.85 (3) (c) Except as provided under sub. (3m) (a), certify persons as being
	95	+	qualified under this section to be law enforcement officers, tribal law enforcement
	96	+	officers, tactical emergency medical services professionals, jail officers, or juvenile
	97	+	detention officers. Prior to being certified under this paragraph, a tribal law
	98	+	enforcement officer shall agree to accept the duties of law enforcement officers under
	99	+	the laws of this state.
	100	+	SECTION 7. 165.85 (3) (cm) (intro.), 5. and 6. of the statutes are amended to read:
	101	+	165.85 (3) (cm) (intro.) Decertify law enforcement officers, tribal law
	102	+	enforcement officers, tactical emergency medical services professionals, jail officers,
	103	+	or juvenile detention officers who do any of the following:
	104	+	5. Are convicted of a felony or of any offense that, if committed in Wisconsin,
	105	+	could be punished as a felony. A law enforcement officer or tactical emergency
	106	+	medical services professional so convicted shall notify the board within 30 days of his
	107	+	or her conviction.
	108	+	6. Are convicted of a misdemeanor crime of domestic violence, as defined in 18
	109	+	USC 921 (a) (33), or are convicted of domestic abuse, as defined in s. 968.075 (1) (a),
	110	+	or the conviction is subject to the imposition of the domestic abuse surcharge under
	111	+	s. 973.055 (1), regardless of whether any part of the surcharge is waived by the court
	112	+	under s. 973.055 (4). A law enforcement officer or tactical emergency medical
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	139	+	SECTION 7 SENATE BILL 829
	140	+	services professional so convicted shall notify the board within 30 days of his or her
83	141		conviction.
84		-	SECTION 8. 165.85 (4) (am) of the statutes is created
85		-	to read:
86		-	165.85 (4) (am) Tactical emergency medical services
87		-	professionals. 1. The board shall establish minimum
88		-	training standards for tactical emergency medical ser-
89		-	vices professionals. In establishing the minimum train-
90		-	ing standards, the board shall consider recommendations
91		-	made by the curriculum advisory committee. The board
92		-	may amend the standards as needed to respond to techno-
93		-	logical changes affecting law enforcement or tactical
94		-	emergency medical services, additional recommenda-
95		-	tions made by the curriculum advisory committee, or
96		-	other conditions affecting the public interest in maintain-
97		-	ing training standards of a proper professional character.
98		-	Notwithstanding s. 227.10 (1), the standards established
99		-	under this subdivision need not be promulgated as rules
100		-	under ch. 227.
101		-	2. No person may be certified as a tactical emergency
102		-	medical services professional, except on a temporary or
103		-	probationary basis, unless the person has satisfactorily
104		-	met the standards established under subd. 1. and has been
105		-	certified by the board as being qualified to be a tactical
106		-	emergency medical services professional. No person
107		-	may be certified as a tactical emergency medical services
108		-	professional without the prior written approval of the
109		-	sheriff or chief of police for the jurisdiction in which the
110		-	tactical emergency medical services professional is
111		-	authorized to carry out his or her duties. The sheriff or
112		-	chief of police must have authority and responsibility
113		-	over the team on which he or she is approving the tactical
114		-	emergency medical services professional to go armed
115		-	with a firearm.
116		-	3. A person who has met the minimum training stan-
117		-	dards established under subd. 1., and who seeks certifica-
118		-	tion as a tactical emergency medical services profes-
119		-	sional, shall be fingerprinted on 2 fingerprint cards, each
120		-	bearing a complete set of the person’s fingerprints, or by
121		-	other technologies approved by the department of justice.
122		-	The fingerprints shall be submitted to the department of
123		-	justice for verification of the identify of the person fin-
124		-	gerprinted and to obtain records of his or her criminal
125		-	arrests and convictions in Wisconsin. The department of
126		-	justice shall provide for the submission of the fingerprint
127		-	cards or fingerprints by other technologies to the federal
128		-	bureau of investigation for the purpose of verifying the
129		-	person fingerprinted and obtaining records of his or her
130		-	criminal arrests and convictions on file with the federal
131		-	bureau of investigation.
132		-	4. No person who has been convicted of any federal
133		-	felony, any crime of domestic violence, or of any offense
134		-	that, if committed in Wisconsin, could be punished as a
135		-	felony qualifies for certification as a tactical emergency
136		-	medical services professional unless he or she has been
137		-	granted an absolute and unconditional pardon for the
	142	+	SECTION 8. 165.85 (4) (am) of the statutes is created to read:
	143	+	165.85 (4) (am) Tactical emergency medical services professionals. 1. The board
	144	+	shall establish minimum training standards for tactical emergency medical services
	145	+	professionals. In establishing the minimum training standards, the board shall
	146	+	consider recommendations made by the curriculum advisory committee. The board
	147	+	may amend the standards as needed to respond to technological changes affecting
	148	+	law enforcement or tactical emergency medical services, additional
	149	+	recommendations made by the curriculum advisory committee, or other conditions
	150	+	affecting the public interest in maintaining training standards of a proper
	151	+	professional character. Notwithstanding s. 227.10 (1), the standards established
	152	+	under this subdivision need not be promulgated as rules under ch. 227.
	153	+	2. No person may be certified as a tactical emergency medical services
	154	+	professional, except on a temporary or probationary basis, unless the person has
	155	+	satisfactorily met the standards established under subd. 1. and has been certified by
	156	+	the board as being qualified to be a tactical emergency medical services professional.
	157	+	3. A person who has met the minimum training standards established under
	158	+	subd. 1., and who seeks certification as a tactical emergency medical services
	159	+	professional, shall be fingerprinted on 2 fingerprint cards, each bearing a complete
	160	+	set of the person's fingerprints, or by other technologies approved by the department
	161	+	of justice. The fingerprints shall be submitted to the department of justice for
	162	+	verification of the identify of the person fingerprinted and to obtain records of his or
	163	+	her criminal arrests and convictions in Wisconsin. The department of justice shall
	164	+	provide for the submission of the fingerprint cards or fingerprints by other
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	192	+	SECTION 8
	193	+	SENATE BILL 829
	194	+	technologies to the federal bureau of investigation for the purpose of verifying the
	195	+	person fingerprinted and obtaining records of his or her criminal arrests and
	196	+	convictions on file with the federal bureau of investigation.
	197	+	4. No person who has been convicted of any federal felony, any crime of domestic
	198	+	violence, or of any offense that, if committed in Wisconsin, could be punished as a
	199	+	felony qualifies for certification as a tactical emergency medical services professional
	200	+	unless he or she has been granted an absolute and unconditional pardon for the
138	201		crime.
139		-	5. a. No person may continue to be certified as a tacti-
140		-	cal emergency medical services professional unless that
141		-	person maintains employment as a tactical emergency
142		-	medical services professional, maintains the approval of
143		-	the sheriff or chief of police for the jurisdiction in which
144		-	the tactical emergency medical services professional is
145		-	authorized to carry out his or her duties, and meets annual
146		-	recertification training standards.
147		-	b. Each tactical emergency medical services profes-
148		-	sional who is subject to this subdivision shall annually
149		-	complete a handgun qualification course from curricula
150		-	based upon model standards established by the board
151		-	under par. (e). Hours of training completed under this
152		-	subd. 5. b. shall count toward the hours of training
	202	+	5. a. No person may continue to be certified as a tactical emergency medical
	203	+	services professional unless that person maintains employment as a tactical
	204	+	emergency medical services professional and meets annual recertification training
	205	+	standards. A tactical emergency medical services professional who is subject to this
	206	+	subdivision shall meet the recertification standards each fiscal year beginning in the
	207	+	fiscal year following the fiscal year in which he or she is certified as a tactical
	208	+	emergency medical services professional by the board.
	209	+	b. Each tactical emergency medical services professional who is subject to this
	210	+	subdivision shall annually complete a handgun qualification course from curricula
	211	+	based upon model standards established by the board under par. (e). Hours of
	212	+	training completed under this subd. 5. b. shall count toward the hours of training
153	213		required for certification.
154		-	SECTION 9. 175.44 (1) (b) of the statutes is amended
155		-	to read:
156		-	175.44 (1) (b) “Law enforcement officer” has the
157		-	meaning given in s. 165.85 (2) (c) and includes a tactical
158		-	emergency medical services professional, as defined in s.
159		-	165.85 (2) (fh), certified under s. 165.85 (3).
160		-	SECTION 10. 440.26 (3m) (am) of the statutes is cre-
161		-	ated to read:
162		-	440.26 (3m) (am) A person who is certified as a tacti-
163		-	cal emergency medical services professional under s.
164		-	165.85 (3) to carry a concealed firearm.
165		-	SECTION 11. 941.23 (2) (am) of the statutes is created
166		-	to read:
167		-	941.23 (2) (am) A person who is certified as a tactical
168		-	emergency medical services professional under s. 165.85
169		-	(3) while acting in the line of duty.
170		-	SECTION 12. 943.13 (4m) (bm) of the statutes is
171		-	amended to read: − 3 − 2023 Wisconsin Act 218 2023 Senate Bill 829
172		-	943.13 (4m) (bm) Subsection (1m) (c) 2. and 4. does
173		-	not apply to a law enforcement officer employed in this
174		-	state by a public agency to whom s. 941.23 (1) (g) 2. to
175		-	5. and (2) (b) 1. to 3. applies, to a tactical emergency med-
176		-	ical services professional certified under s. 165.85 (3)
177		-	acting in the line of duty, to a qualified out−of−state law
178		-	enforcement officer, as defined in s. 941.23 (1) (g), to
179		-	whom s. 941.23 (2) (b) 1. to 3. applies, or to a former offi-
180		-	cer, as defined in s. 941.23 (1) (c), to whom s. 941.23 (2)
181		-	(c) 1. to 7. applies if the law enforcement officer, the tacti-
182		-	cal emergency medical services professional, the quali-
183		-	fied out−of−state law enforcement officer, or the former
184		-	officer is in or on the grounds of a school, as defined in
185		-	s. 948.61 (1) (b).
186		-	SECTION 13. 948.605 (2) (b) 2e. of the statutes is cre-
187		-	ated to read:
188		-	948.605 (2) (b) 2e. A person who is certified as a tac-
189		-	tical emergency medical services professional under s.
190		-	165.85 (3) acting in his or her official capacity.
191		-	SECTION 14. 948.605 (3) (b) 5m. of the statutes is cre-
192		-	ated to read:
193		-	948.605 (3) (b) 5m. By a person who is certified as
194		-	a tactical emergency medical services professional under
195		-	s. 165.85 (3) acting in his or her official capacity.
	214	+	SECTION 9. 175.44 (1) (b) of the statutes is amended to read:
	215	+	175.44 (1) (b) “Law enforcement officer” has the meaning given in s. 165.85 (2)
	216	+	(c) and includes a tactical emergency medical services professional certified under
	217	+	s. 165.85 (3).
	218	+	SECTION 10. 440.26 (3m) (am) of the statutes is created to read:
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	246	+	440.26 (3m) (am) A person who is certified as a tactical emergency medical
	247	+	services professional under s. 165.85 (3) to carry a concealed firearm.
	248	+	SECTION 11. 941.23 (2) (am) of the statutes is created to read:
	249	+	941.23 (2) (am) A person who is certified as a tactical emergency medical
	250	+	services professional under s. 165.85 (3) while acting in the line of duty.
	251	+	SECTION 12. 943.13 (4m) (bm) of the statutes is amended to read:
	252	+	943.13 (4m) (bm) Subsection (1m) (c) 2. and 4. does not apply to a law
	253	+	enforcement officer employed in this state by a public agency to whom s. 941.23 (1)
	254	+	(g) 2. to 5. and (2) (b) 1. to 3. applies, to a tactical emergency medical services
	255	+	professional certified under s. 165.85 (3) acting in the line of duty, to a qualified
	256	+	out-of-state law enforcement officer, as defined in s. 941.23 (1) (g), to whom s. 941.23
	257	+	(2) (b) 1. to 3. applies, or to a former officer, as defined in s. 941.23 (1) (c), to whom
	258	+	s. 941.23 (2) (c) 1. to 7. applies if the law enforcement officer, the tactical emergency
	259	+	medical services professional, the qualified out-of-state law enforcement officer, or
	260	+	the former officer is in or on the grounds of a school, as defined in s. 948.61 (1) (b).
	261	+	SECTION 13. 948.605 (2) (b) 2e. of the statutes is created to read:
	262	+	948.605 (2) (b) 2e. A person who is certified as a tactical emergency medical
	263	+	services professional under s. 165.85 (3) acting in his or her official capacity.
	264	+	SECTION 14. 948.605 (3) (b) 5m. of the statutes is created to read:
	265	+	948.605 (3) (b) 5m. By a person who is certified as a tactical emergency medical
	266	+	services professional under s. 165.85 (3) acting in his or her official capacity.
	267	+	(END)
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