LRB-2739/1
CMH:cdc
2023 - 2024 LEGISLATURE
February 12, 2024 - Introduced by Representatives Andraca, Stubbs, J. Anderson,
Baldeh, Conley, Considine, Drake, Emerson, Hong, Joers, Neubauer,
Palmeri, Ratcliff, Sinicki, Snodgrass, Subeck, Jacobson and Clancy,
cosponsored by Senators Roys, Agard, Carpenter, Hesselbein, Larson,
Smith, Spreitzer and L. Johnson. Referred to Committee on Criminal Justice
and Public Safety.
AB1080,1,5
1An Act to repeal 943.13 (1m) (c) 5.;
to amend 175.60 (2g) (a), 175.60 (5) (a) 6.,
2938.34 (14q), 938.78 (3), 939.632 (1) (e) 3., 941.235 (1), 943.13 (1m) (c) 4., 943.13
3(2) (bm) 2. am., 968.255 (1) (a) 2. and 973.137 (1); and
to create 941.236 of the
4statutes;
relating to: prohibiting possessing a firearm on college and
5university campuses and providing a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from carrying a firearm in a building owned or
leased by the state or a political subdivision of the state. A person who violates the
prohibition is guilty of a Class A misdemeanor. The prohibition does not apply to a
person who has a license to carry a concealed weapon. Current law allows a
university or college to post notice on a building to prevent a person from entering
it while carrying a firearm. A person, including a licensee, who carries a firearm into
a posted building is guilty of trespassing and is subject to a Class B forfeiture, which
is a forfeiture not to exceed $1,000.
This bill eliminates the trespassing provision and prohibits a person from
possessing a firearm in a publicly or privately owned building on a university or
college campus or on the grounds of or land owned or occupied by a university or
college. A person who violates the prohibition is guilty of a Class A misdemeanor.
The prohibition does not apply to a law enforcement officer or military personnel in
the line of duty, a person who leases residential space (not including a dormitory or
part of a residence hall) or business space on the campus if the person is in the space,
a participant who possesses the firearm for use in a program approved by the
university or college, a person who possesses the firearm in accordance with a
contract entered into between the university or college and the person or his or her
employer, or a person who possesses a firearm that is unloaded and encased.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1080,1
1Section
1. 175.60 (2g) (a) of the statutes is amended to read:
AB1080,2,42
175.60
(2g) (a) A licensee or an out-of-state licensee may carry a concealed
3weapon anywhere in this state except as provided under subs. (15m) and (16) and ss.
4941.236, 943.13 (1m) (c)
, and 948.605 (2) (b) 1r.
AB1080,2
5Section
2. 175.60 (5) (a) 6. of the statutes is amended to read:
AB1080,2,116
175.60
(5) (a) 6. A statement of the places under sub. (16) where a licensee is
7prohibited from carrying a weapon, as well as an explanation of the provisions under
8sub. (15m) and ss.
941.236, 943.13 (1m) (c)
, and 948.605 (2) (b) 1r. that could limit
9the places where the licensee may carry a weapon, with a place for the applicant to
10sign his or her name to indicate that he or she has read and understands the
11statement.
AB1080,3
12Section
3. 938.34 (14q) of the statutes is amended to read:
AB1080,3,513
938.34
(14q) Certain bomb scares and firearm violations. In addition to any
14other disposition imposed under this section, if the juvenile is found to have violated
15s. 947.015 and the property involved is owned or leased by the state or any political
16subdivision of the state, or if the property involved is a school premises, as defined
17in s. 948.61 (1) (c), or if the juvenile is found to have violated s. 941.235
, 941.236, oder
18948.605, immediately suspend the juvenile's operating privilege, as defined in s.
1340.01 (40), for 2 years. The court shall immediately forward to the department of
2transportation the notice of suspension, stating that the suspension is for a violation
3of s. 947.015 involving school premises, or for a violation of s. 941.235
, 941.236, oder
4948.605. If otherwise eligible, the juvenile is eligible for an occupational license
5under s. 343.10.
AB1080,4,48
938.78
(3) Release of information when escape or absence; rules. If a juvenile
9adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 or found to be in need
10of protection or services under s. 48.13 (12) or (14), 1993 stats., or s. 938.13 (12) or
11(14) on the basis of a violation of s. 943.23 (1m) or (1r), 1999 stats., or s. 943.23 (1g),
122021 stats., or s. 941.10, 941.11, 941.20, 941.21, 941.23, 941.231, 941.235,
941.236, 13941.237, 941.26, 941.28, 941.295, 941.298, 941.30, 941.31, 941.32, 941.325, 943.02,
14943.03, 943.04, 943.10 (2) (a), 943.231 (1), 943.32 (2), 948.02, 948.025, 948.03, 948.05,
15948.055, 948.085 (2), 948.60, 948.605, or 948.61 or any crime specified in ch. 940 has
16escaped from a juvenile correctional facility, residential care center for children and
17youth, secured residential care center for children and youth, inpatient facility, as
18defined in s. 51.01 (10), juvenile detention facility, or juvenile portion of a county jail,
19or from the custody of a peace officer or a guard of such a facility, center, or jail, or
20has been allowed to leave a juvenile correctional facility, residential care center for
21children and youth, secured residential care center for children and youth, inpatient
22facility, juvenile detention facility, or juvenile portion of a county jail for a specified
23time period and is absent from the facility, center, home, or jail for more than 12 hours
24after the expiration of the specified period, the department of corrections or county
25department, whichever has supervision over the juvenile, may release the juvenile's
1name and any information about the juvenile that is necessary for the protection of
2the public or to secure the juvenile's return to the facility, center, home, or jail. The
3department of corrections shall promulgate rules establishing guidelines for the
4release of the juvenile's name or information about the juvenile to the public.
AB1080,5
5Section
5. 939.632 (1) (e) 3. of the statutes is amended to read:
AB1080,4,76
939.632
(1) (e) 3. Any misdemeanor under s. 940.19 (1), 940.225 (3m), 940.32
7(2), 940.42, 940.44, 941.20 (1), 941.23, 941.231, 941.235,
941.236, or 941.38 (3).
AB1080,6
8Section
6. 941.235 (1) of the statutes is amended to read:
AB1080,4,129
941.235
(1) Any person who goes armed with a firearm in any building owned
10or leased by the state or any political subdivision of the state is guilty of a Class A
11misdemeanor.
This subsection does not apply to a building on the grounds of a
12university or college.
AB1080,7
13Section
7. 941.236 of the statutes is created to read:
AB1080,4,16
14941.236 Possessing a firearm at a university or college. (1) Any person
15who possesses a firearm is guilty of a Class A misdemeanor if any of the following
16apply:
AB1080,4,1817
(a) The person is in a privately or publicly owned building on the grounds of a
18university or college.
AB1080,4,2019
(b) The person is on the grounds of or land owned or occupied by a university
20or college.
AB1080,4,22
21(2) Subsection (1) does not apply to the possession of a firearm by any of the
22following:
AB1080,4,2423
(a) A person who is employed in this state by a public agency as a law
24enforcement officer and to whom s. 941.23 (1) (g) 2. to 5. and (2) (b) 1. to 3. applies.
AB1080,4,2525
(b) Armed forces or military personnel going armed in the line of duty.
AB1080,5,3
1(c) A person who leases residential premises that are not a dormitory or part
2of a residence hall, or who leases business premises on the grounds of the university
3or college, if the person is in or on the premises.
AB1080,5,44
(d) A person for use in a program approved by the university or college.
AB1080,5,65
(e) A person in accordance with a contract entered into between the university
6or college and the person or an employer of the person.
AB1080,5,87
(f) A person who possesses a firearm that is not loaded and is any of the
8following:
AB1080,5,99
1. Encased, as defined in s. 167.31 (1) (b).
AB1080,5,1010
2. In a locked firearms rack that is on a motor vehicle.
AB1080,8
11Section
8. 943.13 (1m) (c) 4. of the statutes is amended to read:
AB1080,5,2112
943.13
(1m) (c) 4. While carrying a firearm, enters or remains in any part of
13a building that is owned, occupied, or controlled by the state or any local
14governmental unit,
excluding any building or portion of a building under s. 175.60
15(16) (a), if the state or local governmental unit has notified the actor not to enter or
16remain in the building while carrying a firearm or with that type of firearm. This
17subdivision does not apply
to any building or portion of a building under s. 175.60
18(16) (a) or a privately or publicly owned building on the grounds of a university or
19college, to a person who leases residential or business premises in the building
, or,
20if the firearm is in a vehicle driven or parked in the parking facility, to any part of
21the building used as a parking facility.
AB1080,9
22Section
9. 943.13 (1m) (c) 5. of the statutes is repealed.
AB1080,10
23Section
10. 943.13 (2) (bm) 2. am. of the statutes is amended to read:
AB1080,6,624
943.13
(2) (bm) 2. am. For the purposes of sub. (1m) (c) 2.
, and 4.,
and 5., an
25owner or occupant of a part of a nonresidential building
, oder the state or a local
1governmental unit
, or a university or a college has notified an individual not to enter
2or remain in a part of the building while carrying a firearm or with a particular type
3of firearm if the owner, occupant, state,
oder local governmental unit
, university, or
4college has posted a sign that is located in a prominent place near all of the entrances
5to the part of the building to which the restriction applies and any individual
6entering the building can be reasonably expected to see the sign.
AB1080,11
7Section
11. 968.255 (1) (a) 2. of the statutes is amended to read:
AB1080,6,98
968.255
(1) (a) 2. A person arrested for any misdemeanor under s. 167.30 (1),
9940.19, 941.20 (1), 941.23, 941.231,
941.236, 941.237, 948.60, or 948.61.
AB1080,12
10Section
12. 973.137 (1) of the statutes is amended to read:
AB1080,6,1111
973.137
(1) A violation of s. 941.235
or 941.236.