LRB-3492/1
CMH:kjf:rs
2013 - 2014 LEGISLATURE
March 7, 2014 - Introduced by Representatives Knodl,
Brooks, Kestell,
Kleefisch, Knudson, Murtha, Nass, A. Ott, Pridemore, Schraa, Thiesfeldt,
Tittl and Williams, cosponsored by Senators Grothman and Schultz.
Referred to Committee on Judiciary.
AB853,1,3
1An Act to amend 968.20 (1m) (b) and 968.20 (2); and
to create 968.20 (1m) (d)
2of the statutes;
relating to: the return of a seized firearm to the person who
3owns the firearm.
Analysis by the 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 firearm
is seized, the firearm must be returned to the person who owns the firearm within
48 hours of the district attorney declining to file charges against the person in
connection with the seizure, within 48 hours of the dismissal of the charges against
the person in connection with the seizure, within 48 hours of the trial court reaching
final disposition of all charges against the person in connection with the seizure if
the person is not adjudged guilty, if no charges against the person are filed in
connection with the seizure six months after the seizure, or within five business days
after determining that the person did not have prior knowledge of and did not
consent to the activity that resulted in the seizure.
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:
AB853,1
1Section
1. 968.20 (1m) (b) of the statutes is amended to read:
AB853,2,42
968.20
(1m) (b) If the seized property is a dangerous weapon or ammunition,
3the property shall not be returned to any person who committed a crime involving
4the use of the dangerous weapon or the ammunition.
The
AB853,2,7
5(c) Except as provided in par. (d), seized property
that is a dangerous weapon
6or ammunition may be returned to the rightful owner under this section if the owner
7had no prior knowledge of and gave no consent to the commission of the crime.
AB853,2,9
8(e) Property which may not be returned to an owner under this subsection shall
9be disposed of under subs. (3) and (4).
AB853,2
10Section
2. 968.20 (1m) (d) of the statutes is created to read:
AB853,2,1311
968.20
(1m) (d) If the seized property is a firearm and the property has not been
12returned under this section, the property shall be returned to the person who
13displays evidence of ownership of the firearm as follows:
AB853,2,1514
1. If the district attorney affirmatively declines to file charges against the
15person in connection with the seizure, within 48 hours of the affirmative decline.
AB853,2,1716
2. If all charges against the person filed in connection with the seizure are
17dismissed, within 48 hours of the dismissal.
AB853,2,1918
3. If 6 months have passed since the seizure and no charges against the person
19are filed in connection with the seizure, as soon as practically possible.
AB853,2,2220
4. If the trial court reaches final disposition for all charges in connection with
21the seizure and the person is not adjudged guilty of a crime in connection with the
22seizure, within 48 hours of the final disposition.
AB853,2,2523
5. If the person had no prior knowledge of and gave no consent to the
24commission of the activity that led to the seizure, within 5 business days after
25establishing the lack of knowledge and consent.
AB853,3
1Section
3. 968.20 (2) of the statutes is amended to read:
AB853,3,52
968.20
(2) Property not required for evidence or use in further investigation,
3unless contraband or property covered under sub. (1m)
(c) or (1r) or s. 173.12 or
4968.205, may be returned by the officer to the person from whom it was seized
5without the requirement of a hearing.
AB853,4
6Section
4.
Initial applicability.
AB853,3,87
(1) This act first applies to firearms seized on the effective date of this
8subsection.
