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Bills · 2015-2016 Regular Session

AB 13

Became law Official bill text Atom feed

Relating to: the return of a seized firearm to the person who owns the firearm. (FE)

Court — Procedure Firearms and dangerous weapons Forfeiture Forward wisconsin development authority Justice, department of

  1. Introduced, completed
  2. Passes Assembly, completed
  3. Passes Senate, completed
  4. Governor signs, completed
  5. Law, completed

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan Legislative Reference Bureau

Current law specifies a process and criteria for courts and police officers to use

to determine ownership of property that has been seized by a police officer and to

decide if, how, and when to return the seized property. Under this bill, if a person

claims the right to possess a firearm that has been seized, he or she may apply to the

court for its return. If a person makes such a claim, the court must order the firearm

returned if one of the following occurs: all charges connected with the seizure are

dismissed; six months have elapsed since the seizure and no charges in connection

with it have been filed against the person; the final disposition for all charges is

reached and the person is not adjudged guilty of a crime in connection with the

seizure; the person establishes that he or she had no prior knowledge of and gave no

consent to the commission of the activity that led to the seizure; or the district

attorney affirmatively declines to file charges connected with the seizure against the

person. If the person applies to the court within eight business days after the

applicable event occurs, the court must order that the firearm be returned within ten

business days of the event. If the person applies to the court later than eight business

days after the applicable event occurs, the court must order that the firearm be

returned as soon as practically possible but no later than five business days after the

order.

What it would cost

Fiscal estimates filed by state agencies, as official PDFs

Sponsors

Introduced by: Allen (R) , August (R) , Brandtjen (R) , Craig (R) , Czaja (R) , Gannon (R) , Jarchow (R) , Kapenga (R) , Kleefisch (R) , Knodl (R) , Knudson (R) , Mursau (R) , Murtha (R) , Neylon (R) , Petersen (R) , Quinn (R) , Ripp (R) , Sanfelippo (R) , Skowronski (R) , Steffen (R) , Thiesfeldt (R) , Tittl (R) , Weatherston (R)

6 cosponsors

Gudex (R) , Lasee (R) , Nass (R) , R. Brooks (R) , Tiffany (R) , Wanggaard (R)

Votes

Assembly: Report Assembly Substitute Amendment 1 adoption recommended by Committee on Criminal Justice and Public Safety, Ayes 8, Noes 4

Passed 8–4 Mar 5, 2015 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Report passage as amended recommended by Committee on Criminal Justice and Public Safety, Ayes 8, Noes 4

Passed 8–4 Mar 5, 2015 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Assembly Amendment 3 to Assembly Substitute Amendment 1 laid on table, Ayes 63, Noes 35

Passed 63–35 Jun 9, 2015 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Senate: Report concurrence recommended by Committee on Judiciary and Public Safety, Ayes 4, Noes 0

Passed 4–0 Dec 18, 2015 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Full history

  1. Jan 27, 2015 · Assembly

    Introduced by Representatives Knodl, Allen, August, Brandtjen, Craig, Czaja, Gannon, Jarchow, Kapenga, Kleefisch, Knudson, Mursau, Neylon, Petersen, Quinn, Ripp, Sanfelippo, Skowronski, Steffen, Thiesfeldt, Tittl, Weatherston and Murtha; cosponsored by Senators Nass, Gudex, Lasee, Wanggaard and Tiffany

  2. Jan 27, 2015 · Assembly

    Read first time and referred to Committee on Criminal Justice and Public Safety

  3. Jan 29, 2015 · Assembly

    Representative R. Brooks added as a coauthor

  4. Feb 2, 2015 · Assembly

    Fiscal estimate received

  5. Feb 3, 2015 · Assembly

    Public hearing held

  6. Feb 5, 2015 · Assembly

    LRB correction

  7. Feb 13, 2015 · Assembly

    Fiscal estimate received

  8. Feb 24, 2015 · Assembly

    Assembly Substitute Amendment 1 offered by Representative Knodl

  9. Feb 24, 2015 · Assembly

    Fiscal estimate received

  10. Feb 25, 2015 · Assembly

    Assembly Amendment 2 to Assembly Substitute Amendment 1 offered by Representatives Goyke and Kessler

  11. Feb 25, 2015 · Assembly

    Assembly Amendment 1 to Assembly Substitute Amendment 1 offered by Representatives Goyke and Kessler

  12. Feb 26, 2015 · Assembly

    Executive action taken

  13. Mar 5, 2015 · Assembly

    Report Assembly Substitute Amendment 1 adoption recommended by Committee on Criminal Justice and Public Safety, Ayes 8, Noes 4

  14. Mar 5, 2015 · Assembly

    Report passage as amended recommended by Committee on Criminal Justice and Public Safety, Ayes 8, Noes 4

  15. Mar 5, 2015 · Assembly

    Referred to committee on Rules

  16. Jun 3, 2015 · Assembly

    Placed on calendar 6-9-2015 by Committee on Rules

  17. Jun 9, 2015 · Assembly

    Read a second time

  18. Jun 9, 2015 · Assembly

    Assembly Amendment 3 to Assembly Substitute Amendment 1 offered by Representatives Goyke, Wachs, Spreitzer, Meyers, Hesselbein, Hintz, Subeck, Sargent, Considine, Berceau, Pope, Kessler and Zamarripa

  19. Jun 9, 2015 · Assembly

    Assembly Amendment 3 to Assembly Substitute Amendment 1 laid on table, Ayes 63, Noes 35

  20. Jun 9, 2015 · Assembly

    Assembly Substitute Amendment 1 adopted

  21. Jun 9, 2015 · Assembly

    Ordered to a third reading

  22. Jun 9, 2015 · Assembly

    Rules suspended

  23. Jun 9, 2015 · Assembly

    Read a third time and passed

  24. Jun 9, 2015 · Assembly

    Ordered immediately messaged

  25. Jun 10, 2015 · Senate

    Received from Assembly

  26. Jun 12, 2015 · Senate

    Read first time and referred to committee on Judiciary and Public Safety

  27. Oct 28, 2015 · Senate

    Public hearing held

  28. Dec 16, 2015 · Senate

    Executive action taken

  29. Dec 18, 2015 · Senate

    Report concurrence recommended by Committee on Judiciary and Public Safety, Ayes 4, Noes 0

  30. Dec 18, 2015 · Senate

    Available for scheduling

  31. Jan 19, 2016 · Senate

    Placed on calendar 1-20-2016 pursuant to Senate Rule 18(1)

  32. Jan 20, 2016 · Senate

    Read a second time

  33. Jan 20, 2016 · Senate

    Ordered to a third reading

  34. Jan 20, 2016 · Senate

    Rules suspended

  35. Jan 20, 2016 · Senate

    Read a third time and concurred in

  36. Jan 20, 2016 · Senate

    Ordered immediately messaged

  37. Jan 21, 2016 · Assembly

    Received from Senate concurred in

  38. Jan 26, 2016 · Assembly

    Report correctly enrolled on 1-26-2016

  39. Feb 3, 2016 · Assembly

    Presented to the Governor on 2-3-2016

  40. Feb 4, 2016 · Assembly

    Report approved by the Governor on 2-4-2016. 2015 Wisconsin Act 141

  41. Feb 4, 2016 · Assembly

    Published 2-5-2016