Wisconsin AB 321: Relating to: the possession of a firearm by a person who has committed a misdemeanor crime of domestic violence and providing a penalty. (FE)

Bill Text

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2021 ASSEMBLY BILL 321
May  13,  2021  -  Introduced  by  Representatives  MURSAU,  SUBECK,  ANDERSON,
ANDRACA,   BOWEN,   CABRAL-GUEVARA,   EMERSON,   HEBL,   HESSELBEIN,   S.
RODRIGUEZ, SHANKLAND and SPREITZER, cosponsored by Senators KOOYENGA,
COWLES, BALLWEG, JACQUE, JOHNSON, RINGHAND, ROYS and SMITH. Referred to
Committee on Criminal Justice and Public Safety.
AN ACT to renumber 941.29 (1g) (a) and 971.17 (1g); to amend 973.176 (1); and
to create 941.29 (1g) (ah), 941.29 (1m) (ag), 941.29 (1m) (cm), 971.17 (1g) (b)
and 973.136 of the statutes; relating to: the possession of a firearm by a person
who has committed a misdemeanor crime of domestic violence and providing
a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits a person from possessing a firearm if he or she has been
convicted of a felony or found not guilty of a felony by reason of mental disease or
defect.  In addition, federal law prohibits a person from possessing a firearm if he or
she has been convicted of a misdemeanor crime of domestic violence; under current
law there is no comparable state prohibition.  Under this bill, state law would also
prohibit a person from possessing a firearm if he or she has been convicted of, or
found not guilty by reason of mental disease or defect for, a misdemeanor crime of
domestic violence. A person who violates the prohibition is guilty of a felony and is
subject to a fine of up to $25,000 or a term of imprisonment of up to 10 years, or both,
which  is  the  same  penalty  that  is  imposed  when  a  felon  violates  the  prohibition
against possessing a firearm.
For purposes of this bill, a “misdemeanor crime of domestic violence” is one of
the following:
1.  Misdemeanor battery, fourth-degree sexual assault, or endangering safety
by use of a dangerous weapon if the perpetrator is an adult and commits one of those
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crimes against a member of his or her family, against his or her former spouse or a
person with whom he or she has had a dating relationship, or against a person with
whom he or she has a child in common.
2.  Disorderly conduct if the perpetrator is an adult who engaged in violent or
abusive conduct to harm, intimidate, or threaten a member of his or her family, his
or her former spouse or a person with whom he or she has had a dating relationship,
or a person with whom he or she has a child in common.
3.    Any  other  misdemeanor  if  the  perpetrator  is  an  adult  and  commits  the
misdemeanor against a member of his or her family, against his or her former spouse
or a person with whom he or she has had a dating relationship, or against a person
with whom he or she has a child in common if the court increased the penalty for the
misdemeanor  because  the  perpetrator  committed  it  while  possessing,  using,  or
threatening to use a dangerous weapon.
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.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1.  941.29 (1g) (a) of the statutes is renumbered 941.29 (1g) (at).
SECTION 2.  941.29 (1g) (ah) of the statutes is created to read:
941.29 (1g) (ah)  “Misdemeanor crime of domestic violence" has the meaning
given in s. 973.136 (1) (c).
SECTION 3.  941.29 (1m) (ag) of the statutes is created to read:
941.29 (1m) (ag)  The person has been convicted on or after the effective date
of this paragraph .... [LRB inserts date], of a misdemeanor crime of domestic violence.
SECTION 4.  941.29 (1m) (cm) of the statutes is created to read:
941.29 (1m) (cm)  The person has been found not guilty by reason of mental
disease or defect on or after the effective date of this paragraph .... [LRB inserts date],
of a misdemeanor crime of domestic violence.
SECTION 5.  971.17 (1g) of the statutes is renumbered 971.17 (1g) (a).
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SECTION 6
 ASSEMBLY BILL 321
SECTION 6.  971.17 (1g) (b) of the statutes is created to read:
971.17 (1g) (b)  If the defendant under sub. (1) is found not guilty by reason of
mental disease or defect of a misdemeanor crime of domestic violence, as defined in
s.  973.136  (1)  (c),  the  court  shall  enter  a  finding  to  that  effect  in  the  record  for
purposes of determining whether the person is prohibited from possessing a firearm
under s. 941.29 and shall inform the defendant of the requirements and penalties
under s. 941.29.
SECTION 7.  973.136 of the statutes is created to read:
973.136  Prohibition for certain misdemeanor crimes.  (1)  In this section:
(a)    “Dating  relationship"  means  a  romantic  or  intimate  social  r