LRBs0396/2
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1995 - 1996 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
To 1995 ASSEMBLY BILL 504
January 3, 1996 - Offered by Committee on Government Operations.
AB504-ASA1,1,5 1An Act to repeal 146.995 (2) (a) 1. and 146.995 (4) (c); to renumber 146.995 (1)
2(b); to amend 146.995 (title), 146.995 (2) (a) 1., 146.995 (2) (a) 2., 146.995 (3)
3and 905.04 (4) (h); and to create 146.995 (1) (b) to (e), (g) and (h), 146.995 (2k),
4146.995 (2m), 146.995 (2p) and 255.20 (4) of the statutes; relating to: a
5reporting procedure for firearm injuries.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB504-ASA1, s. 1 6Section 1. 146.995 (title) of the statutes is amended to read:
AB504-ASA1,1,7 7146.995 (title) Reporting of wounds and burn and firearm injuries.
AB504-ASA1, s. 2 8Section 2. 146.995 (1) (b) of the statutes is renumbered 146.995 (1) (f).
AB504-ASA1, s. 3 9Section 3. 146.995 (1) (b) to (e), (g) and (h) of the statutes are created to read:
AB504-ASA1,1,1110 146.995 (1) (b) "Emergency medical technician" means a person who is licensed
11or permitted as an emergency medical technician under s. 146.50 (5).
AB504-ASA1,1,1212 (c) "Firearm" has the meaning given in s. 167.31 (1) (c).
AB504-ASA1,1,1413 (d) "Firearm injury" means an injury to a person as the result of the firing of
14a firearm, including an injury that results in death.
AB504-ASA1,2,1
1(e) "First responder" has the meaning given in s. 146.53 (1) (d).
AB504-ASA1,2,22 (g) "Law enforcement officer" has the meaning given in s. 165.85 (2) (c).
AB504-ASA1,2,33 (h) "Tribal law enforcement officer" has the meaning given in s. 165.85 (2) (g).
AB504-ASA1, s. 4 4Section 4. 146.995 (2) (a) 1. of the statutes is amended to read:
AB504-ASA1,2,55 146.995 (2) (a) 1. A gunshot wound firearm injury.
AB504-ASA1, s. 5 6Section 5. 146.995 (2) (a) 1. of the statutes, as affected by 1995 Wisconsin Act
7.... (this act), is repealed.
AB504-ASA1, s. 6 8Section 6. 146.995 (2) (a) 2. of the statutes is amended to read:
AB504-ASA1,2,109 146.995 (2) (a) 2. Any wound other than a gunshot wound firearm injury if the
10person has reasonable cause to believe that the wound occurred as a result of a crime.
AB504-ASA1, s. 7 11Section 7. 146.995 (2k) of the statutes is created to read:
AB504-ASA1,2,1812 146.995 (2k) Beginning on January 1, 1997, a person who is licensed, certified
13or registered by the state under ch. 441, 448 or 455, an emergency medical technician
14or a first responder, who treats a patient for a firearm injury, shall report, on a form
15that the department shall provide, as soon as reasonably possible to a law
16enforcement officer or tribal law enforcement officer for the area where the
17treatment is rendered all of the following, if known to the person, emergency medical
18technician or first responder:
AB504-ASA1,2,2019 (a) The date of birth, race, gender, education and occupation of the patient or
20deceased person.
AB504-ASA1,2,2221 (b) The date and time of the firearm injury and the geographical location at
22which it occurred.
AB504-ASA1,2,2523 (c) Any evidence, if available without testing, of the use of alcohol or other drug
24by the patient or by the alleged perpetrator of the firearm injury, if other than the
25patient.
AB504-ASA1,3,2
1(d) The make, model, serial number, caliber, type and barrel length of the
2firearm and modifications, if any, to the firearm.
AB504-ASA1,3,43 (e) The caliber and type of all bullets and casings used in the firearm injury or
4death.
AB504-ASA1, s. 8 5Section 8. 146.995 (2m) of the statutes is created to read:
AB504-ASA1,3,76 146.995 (2m) Beginning on January 1, 1997, all of the following shall report
7quarterly to the department on a form that the department shall provide:
AB504-ASA1,3,118 (a) A law enforcement officer or tribal law enforcement officer, who apprehends
9an alleged perpetrator of a firearm injury to another or who investigates a firearm
10injury shall report all of the following, if known to the law enforcement officer or
11tribal law enforcement officer:
AB504-ASA1,3,1212 1. The date of the firearm injury.
AB504-ASA1,3,1413 2. The date of birth, race, gender, education and occupation of the alleged
14perpetrator.
AB504-ASA1,3,1515 3. The parole or probation status of the alleged perpetrator.
AB504-ASA1,3,1716 4. The make, model, serial number, caliber, type and barrel length of the
17firearm and modifications, if any, to the firearm.
AB504-ASA1,3,1918 5. The caliber and type of all bullets and casings used in the firearm injury or
19death.
AB504-ASA1,3,2120 6. The circumstances of the firearm injury and the geographical location at
21which it occurred.
AB504-ASA1,3,2322 7. The relationship, if any, of the alleged perpetrator to the person who suffered
23the firearm injury.
AB504-ASA1,3,2524 8. The state or regional crime laboratory case number for evidence associated
25with the firearm injury.
AB504-ASA1,4,3
1(b) The state and regional crime laboratories, which perform criminal
2investigations or provide other services with respect to a firearm injury, shall report
3all of the following, if known to the laboratory:
AB504-ASA1,4,54 1. The state or regional crime laboratory case number for evidence associated
5with the firearm injury.
AB504-ASA1,4,76 2. The dates of the firearm injury and the death, if any, resulting from the
7firearm injury.
AB504-ASA1,4,108 3. The make, model, serial number, caliber, type and barrel length of the
9firearm and modifications, if any, to the firearm that is determined by the state or
10regional crime laboratory to have been used to produce the firearm injury.
AB504-ASA1,4,1111 4. The caliber and type of all bullets and casings used in the firearm injury.
AB504-ASA1, s. 9 12Section 9. 146.995 (2p) of the statutes is created to read:
AB504-ASA1,4,1513 146.995 (2p) Beginning on January 1, 1997, a law enforcement officer or tribal
14law enforcement officer who receives information reported under sub. (2k) shall
15report that information quarterly to the department.
AB504-ASA1, s. 10 16Section 10. 146.995 (3) of the statutes is amended to read:
AB504-ASA1,4,2117 146.995 (3) Any person reporting in good faith under sub. (2) or (2m), and any
18inpatient health care facility that employs the a person who reports in good faith, are
19immune from all civil and criminal liability that may result because of the report.
20In any proceeding, the good faith of any person reporting under this section shall be
21presumed.
AB504-ASA1, s. 11 22Section 11. 146.995 (4) (c) of the statutes is repealed.
AB504-ASA1, s. 12 23Section 12. 255.20 (4) of the statutes is created to read:
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