WI
Wisconsin Senate Bill SB982

Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB982 Compare Versions

Only one version of the bill is available at this time.
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33 2023 - 2024 LEGISLATURE
44 2023 SENATE BILL 982
55 January 31, 2024 - Introduced by Senators ROYS, AGARD, CARPENTER, HESSELBEIN,
66 LARSON, SMITH, SPREITZER and L. JOHNSON, cosponsored by Representatives
77 ANDRACA, STUBBS, J. ANDERSON, BALDEH, CONLEY, CONSIDINE, DRAKE, EMERSON,
88 HONG, JOERS, NEUBAUER, PALMERI, RATCLIFF, SINICKI, SNODGRASS and SUBECK.
99 Referred to Committee on Judiciary and Public Safety.
1010 ***AUTHORS SUBJECT TO CHANGE***
1111 AN ACT to repeal 943.13 (1m) (c) 5.; to amend 175.60 (2g) (a), 175.60 (5) (a) 6.,
1212 938.34 (14q), 938.78 (3), 939.632 (1) (e) 3., 941.235 (1), 943.13 (1m) (c) 4., 943.13
1313 (2) (bm) 2. am., 968.255 (1) (a) 2. and 973.137 (1); and to create 941.236 of the
1414 statutes; relating to: prohibiting possessing a firearm on college and
1515 university campuses and providing a penalty.
1616 Analysis by the Legislative Reference Bureau
1717 Current law prohibits a person from carrying a firearm in a building owned or
1818 leased by the state or a political subdivision of the state. A person who violates the
1919 prohibition is guilty of a Class A misdemeanor. The prohibition does not apply to a
2020 person who has a license to carry a concealed weapon. Current law allows a
2121 university or college to post notice on a building to prevent a person from entering
2222 it while carrying a firearm. A person, including a licensee, who carries a firearm into
2323 a posted building is guilty of trespassing and is subject to a Class B forfeiture, which
2424 is a forfeiture not to exceed $1,000.
2525 This bill eliminates the trespassing provision and prohibits a person from
2626 possessing a firearm in a publicly or privately owned building on a university or
2727 college campus or on the grounds of or land owned or occupied by a university or
2828 college. A person who violates the prohibition is guilty of a Class A misdemeanor.
2929 The prohibition does not apply to a law enforcement officer or military personnel in
3030 the line of duty, a person who leases residential space (not including a dormitory or
3131 part of a residence hall) or business space on the campus if the person is in the space,
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3838 SENATE BILL 982
3939 a participant who possesses the firearm for use in a program approved by the
4040 university or college, a person who possesses the firearm in accordance with a
4141 contract entered into between the university or college and the person or his or her
4242 employer, or a person who possesses a firearm that is unloaded and encased.
4343 Because this bill creates a new crime or revises a penalty for an existing crime,
4444 the Joint Review Committee on Criminal Penalties may be requested to prepare a
4545 report.
4646 The people of the state of Wisconsin, represented in senate and assembly, do
4747 enact as follows:
4848 SECTION 1. 175.60 (2g) (a) of the statutes is amended to read:
4949 175.60 (2g) (a) A licensee or an out-of-state licensee may carry a concealed
5050 weapon anywhere in this state except as provided under subs. (15m) and (16) and ss.
5151 941.236, 943.13 (1m) (c), and 948.605 (2) (b) 1r.
5252 SECTION 2. 175.60 (5) (a) 6. of the statutes is amended to read:
5353 175.60 (5) (a) 6. A statement of the places under sub. (16) where a licensee is
5454 prohibited from carrying a weapon, as well as an explanation of the provisions under
5555 sub. (15m) and ss. 941.236, 943.13 (1m) (c), and 948.605 (2) (b) 1r. that could limit
5656 the places where the licensee may carry a weapon, with a place for the applicant to
5757 sign his or her name to indicate that he or she has read and understands the
5858 statement.
5959 SECTION 3. 938.34 (14q) of the statutes is amended to read:
6060 938.34 (14q) CERTAIN BOMB SCARES AND FIREARM VIOLATIONS. In addition to any
6161 other disposition imposed under this section, if the juvenile is found to have violated
6262 s. 947.015 and the property involved is owned or leased by the state or any political
6363 subdivision of the state, or if the property involved is a school premises, as defined
6464 in s. 948.61 (1) (c), or if the juvenile is found to have violated s. 941.235, 941.236, or
6565 948.605, immediately suspend the juvenile's operating privilege, as defined in s.
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8686 SECTION 3
8787 SENATE BILL 982
8888 340.01 (40), for 2 years. The court shall immediately forward to the department of
8989 transportation the notice of suspension, stating that the suspension is for a violation
9090 of s. 947.015 involving school premises, or for a violation of s. 941.235, 941.236, or
9191 948.605. If otherwise eligible, the juvenile is eligible for an occupational license
9292 under s. 343.10.
9393 SECTION 4. 938.78 (3) of the statutes, as affected by 2023 Wisconsin Act 10, is
9494 amended to read:
9595 938.78 (3) RELEASE OF INFORMATION WHEN ESCAPE OR ABSENCE; RULES. If a juvenile
9696 adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need
9797 of protection or services under s. 48.13 (12) or (14), 1993 stats., or s. 938.13 (12) or
9898 (14) on the basis of a violation of s. 943.23 (1m) or (1r), 1999 stats., or s. 943.23 (1g),
9999 2021 stats., or s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.231, 941.235, 941.236,
100100 941.237, 941.26, 941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02,
101101 943.03, 943.04, 943.10 (2) (a), 943.231 (1), 943.32 (2), 948.02, 948.025, 948.03, 948.05,
102102 948.055, 948.085 (2), 948.60, 948.605, or 948.61 or any crime specified in ch. 940 has
103103 escaped from a juvenile correctional facility, residential care center for children and
104104 youth, secured residential care center for children and youth, inpatient facility, as
105105 defined in s. 51.01 (10), juvenile detention facility, or juvenile portion of a county jail,
106106 or from the custody of a peace officer or a guard of such a facility, center, or jail, or
107107 has been allowed to leave a juvenile correctional facility, residential care center for
108108 children and youth, secured residential care center for children and youth, inpatient
109109 facility, juvenile detention facility, or juvenile portion of a county jail for a specified
110110 time period and is absent from the facility, center, home, or jail for more than 12 hours
111111 after the expiration of the specified period, the department of corrections or county
112112 department, whichever has supervision over the juvenile, may release the juvenile's
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139139 SECTION 4 SENATE BILL 982
140140 name and any information about the juvenile that is necessary for the protection of
141141 the public or to secure the juvenile's return to the facility, center, home, or jail. The
142142 department of corrections shall promulgate rules establishing guidelines for the
143143 release of the juvenile's name or information about the juvenile to the public.
144144 SECTION 5. 939.632 (1) (e) 3. of the statutes is amended to read:
145145 939.632 (1) (e) 3. Any misdemeanor under s. 940.19 (1), 940.225 (3m), 940.32
146146 (2), 940.42, 940.44, 941.20 (1), 941.23, 941.231, 941.235, 941.236, or 941.38 (3).
147147 SECTION 6. 941.235 (1) of the statutes is amended to read:
148148 941.235 (1) Any person who goes armed with a firearm in any building owned
149149 or leased by the state or any political subdivision of the state is guilty of a Class A
150150 misdemeanor. This subsection does not apply to a building on the grounds of a
151151 university or college.
152152 SECTION 7. 941.236 of the statutes is created to read:
153153 941.236 Possessing a firearm at a university or college. (1) Any person
154154 who possesses a firearm is guilty of a Class A misdemeanor if any of the following
155155 apply:
156156 (a) The person is in a privately or publicly owned building on the grounds of a
157157 university or college.
158158 (b) The person is on the grounds of or land owned or occupied by a university
159159 or college.
160160 (2) Subsection (1) does not apply to the possession of a firearm by any of the
161161 following:
162162 (a) A person who is employed in this state by a public agency as a law
163163 enforcement officer and to whom s. 941.23 (1) (g) 2. to 5. and (2) (b) 1. to 3. applies.
164164 (b) Armed forces or military personnel going armed in the line of duty.
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192192 SECTION 7
193193 SENATE BILL 982
194194 (c) A person who leases residential premises that are not a dormitory or part
195195 of a residence hall, or who leases business premises on the grounds of the university
196196 or college, if the person is in or on the premises.
197197 (d) A person for use in a program approved by the university or college.
198198 (e) A person in accordance with a contract entered into between the university
199199 or college and the person or an employer of the person.
200200 (f) A person who possesses a firearm that is not loaded and is any of the
201201 following:
202202 1. Encased, as defined in s. 167.31 (1) (b).
203203 2. In a locked firearms rack that is on a motor vehicle.
204204 SECTION 8. 943.13 (1m) (c) 4. of the statutes is amended to read:
205205 943.13 (1m) (c) 4. While carrying a firearm, enters or remains in any part of
206206 a building that is owned, occupied, or controlled by the state or any local
207207 governmental unit, excluding any building or portion of a building under s. 175.60
208208 (16) (a), if the state or local governmental unit has notified the actor not to enter or
209209 remain in the building while carrying a firearm or with that type of firearm. This
210210 subdivision does not apply to any building or portion of a building under s. 175.60
211211 (16) (a) or a privately or publicly owned building on the grounds of a university or
212212 college, to a person who leases residential or business premises in the building, or,
213213 if the firearm is in a vehicle driven or parked in the parking facility, to any part of
214214 the building used as a parking facility.
215215 SECTION 9. 943.13 (1m) (c) 5. of the statutes is repealed.
216216 SECTION 10. 943.13 (2) (bm) 2. am. of the statutes is amended to read:
217217 943.13 (2) (bm) 2. am. For the purposes of sub. (1m) (c) 2., and 4., and 5., an
218218 owner or occupant of a part of a nonresidential building, or the state or a local
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245245 SECTION 10 SENATE BILL 982
246246 governmental unit, or a university or a college has notified an individual not to enter
247247 or remain in a part of the building while carrying a firearm or with a particular type
248248 of firearm if the owner, occupant, state, or local governmental unit, university, or
249249 college has posted a sign that is located in a prominent place near all of the entrances
250250 to the part of the building to which the restriction applies and any individual
251251 entering the building can be reasonably expected to see the sign.
252252 SECTION 11. 968.255 (1) (a) 2. of the statutes is amended to read:
253253 968.255 (1) (a) 2. A person arrested for any misdemeanor under s. 167.30 (1),
254254 940.19, 941.20 (1), 941.23, 941.231, 941.236, 941.237, 948.60, or 948.61.
255255 SECTION 12. 973.137 (1) of the statutes is amended to read:
256256 973.137 (1) A violation of s. 941.235 or 941.236.
257257 (END)
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