AB767: Bill Text

LRB-4123/2

PJH:emw

2015 - 2016 LEGISLATURE

2015 Assembly BILL 767

January 22, 2016 - Introduced by Representatives Rodriguez, Billings, R. Brooks, Considine, Gannon, Kremer, Kulp, Macco, Petersen, Schraa, Tittl, Vorpagel, Zepnick and A. Ott, cosponsored by Senators Roth, Gudex, Marklein, Petrowski, Shilling and Olsen. Referred to Committee on Criminal Justice and Public Safety.

AB767,1,3 An Act to amend 813.12 (5m), 813.122 (5g), 813.123 (5g) and 813.125 (5m); and to create 813.12 (4g), 813.122 (5c), 813.123 (5c) and 813.125 (4g) of the statutes; relating to: injunctions against harrassment and abuse.

Analysis by the Legislative Reference Bureau

This bill allows a court that enjoins a person (respondent) from certain acts of harassment, domestic abuse, or other abuse to order a wireless telephone service provider (provider) to transfer, from the respondent to the person who requested the injunction (petitioner), all rights to, and responsibility for, the use of telephone numbers used by the petitioner or by his or her minor children.

The bill requires the provider to complete the transfer within 72 hours of receiving the order, unless the account has already been terminated, the transfer would make one or more devices inoperable or dysfunctional, or a transfer would cause geographic or other limitations on service to the petitioner. The bill grants immunity from civil liability to providers for their compliance with the court order.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB767,1 Section 1. 813.12 (4g) of the statutes is created to read:

AB767,2,6 813.12 (4g) Order; telephone services. (a) Unless a condition described in par. (b) exists, a judge or circuit court commissioner who issues an injunction under sub. (4) may, upon request by the petitioner, order a wireless telephone service provider to transfer to the petitioner the right to continue to use a telephone number or numbers indicated by the petitioner and the financial responsibility associated with the number or numbers, as set forth in par. (c). The petitioner may request transfer of each telephone number he or she, or a minor child in his or her custody, uses. The order shall contain all of the following:

AB767,2,7 1. The name and billing telephone number of the account holder.

AB767,2,8 2. Each telephone number that will be transferred.

AB767,2,12 3. A statement that the provider transfers to the petitioner all financial responsibility for and right to the use of any telephone number transferred under this subsection. In this subdivision, "financial responsibility" includes monthly service costs and costs associated with any mobile device associated with the number.

AB767,2,16 (b) A wireless telephone service provider shall terminate the respondent's use of, and shall transfer to the petitioner use of, the telephone number or numbers indicated in par. (a) unless it notifies the petitioner, within 72 hours after it receives the order, that one of the following applies:

AB767,2,17 1. The account holder named in the order has terminated the account.

AB767,2,19 2. A difference in network technology would prevent or impair the functionality of a device on a network if the transfer occurs.

AB767,2,21 3. The transfer would cause a geographic or other limitation on network or service provision to the petitioner.

AB767,2,23 4. Another technological or operational issue would prevent or impair the use of the telephone number if the transfer occurs.

AB767,3,2 (c) The petitioner assumes all financial responsibility for and right to the use of any telephone number transferred under this subsection. In this paragraph, "financial responsibility" includes monthly service costs and costs associated with any mobile device associated with the number.

AB767,3,6 (d) A wireless telephone service provider may apply to the petitioner its routine and customary requirements for establishing an account or transferring a number, including requiring the petitioner to provide proof of identification, financial information, and customer preferences.

AB767,3,8 (e) A wireless telephone service provider is immune from civil liability for its actions taken in compliance with a court order issued under this subsection.

AB767,2 Section 2. 813.12 (5m) of the statutes is amended to read:

AB767,3,14 813.12 (5m) Confidentiality of victim's address. The petition under sub. (5) and the court order under sub. (3) or, (4), or (4g) may not disclose the address of the alleged victim. The petitioner shall provide the clerk of circuit court with the petitioner's address when he or she files a petition under this section. The clerk shall maintain the petitioner's address in a confidential manner.

AB767,3 Section 3. 813.122 (5c) of the statutes is created to read:

AB767,3,23 813.122 (5c) Order; telephone services. (a) Unless a condition described in par. (b) exists, a judge or circuit court commissioner who issues an injunction under sub. (5) may, upon request by the petitioner, order a wireless telephone service provider to transfer to the petitioner the right to continue to use a telephone number or numbers indicated by the petitioner and the financial responsibility associated with the number or numbers, as set forth in par. (c). The petitioner may request transfer of each telephone number he or she, or a minor child in his or her custody, uses. The order shall contain all of the following:

AB767,3,24 1. The name and billing telephone number of the account holder.

AB767,3,25 2. Each telephone number that will be transferred.

AB767,4,4 3. A statement that the provider transfers to the petitioner all financial responsibility for and right to the use of any telephone number transferred under this subsection. In this subdivision, "financial responsibility" includes monthly service costs and costs associated with any mobile device associated with the number.

AB767,4,8 (b) A wireless telephone service provider shall terminate the respondent's use of, and shall transfer to the petitioner use of, the telephone number or numbers indicated in par. (a) unless it notifies the petitioner, within 72 hours after it receives the order, that one of the following applies:

AB767,4,9 1. The account holder named in the order has terminated the account.

AB767,4,11 2. A difference in network technology would prevent or impair the functionality of a device on a network if the transfer occurs.

AB767,4,13 3. The transfer would cause a geographic or other limitation on network or service provision to the petitioner.

AB767,4,15 4. Another technological or operational issue would prevent or impair the use of the telephone number if the transfer occurs.

AB767,4,19 (c) The petitioner assumes all financial responsibility for and right to the use of any telephone number transferred under this subsection. In this paragraph, "financial responsibility" includes monthly service costs and costs associated with any mobile device associated with the number.

AB767,4,23 (d) A wireless telephone service provider may apply to the petitioner its routine and customary requirements for establishing an account or transferring a number, including requiring the petitioner to provide proof of identification, financial information, and customer preferences.

AB767,4,25 (e) A wireless telephone service provider is immune from civil liability for its actions taken in compliance with a court order issued under this subsection.

AB767,4 Section 4. 813.122 (5g) of the statutes is amended to read:

AB767,5,7 813.122 (5g) Confidentiality of addresses. The petition under sub. (6) and the court order under sub. (4) or, (5) , or (5c) may not disclose the address of the petitioner or of the alleged child victim. The petitioner shall provide the clerk of circuit court with the address of the petitioner and of the alleged child victim when he or she files a petition under this section. The clerk shall maintain the addresses in a confidential manner.

AB767,5 Section 5. 813.123 (5c) of the statutes is created to read:

AB767,5,16 813.123 (5c) Order; telephone services. (a) Unless a condition described in par. (b) exists, a judge or circuit court commissioner who issues an injunction under sub. (5) may, upon request by the petitioner, order a wireless telephone service provider to transfer to the petitioner the right to continue to use a telephone number or numbers indicated by the petitioner and the financial responsibility associated with the number or numbers, as set forth in par. (c). The petitioner may request transfer of each telephone number he or she, or a minor child in his or her custody, uses. The order shall contain all of the following:

AB767,5,17 1. The name and billing telephone number of the account holder.

AB767,5,18 2. Each telephone number that will be transferred.

AB767,5,22 3. A statement that the provider transfers to the petitioner all financial responsibility for and right to the use of any telephone number transferred under this subsection. In this subdivision, "financial responsibility" includes monthly service costs and costs associated with any mobile device associated with the number.

AB767,6,2 (b) A wireless telephone service provider shall terminate the respondent's use of, and shall transfer to the petitioner use of, the telephone number or numbers indicated in par. (a) unless it notifies the petitioner, within 72 hours after it receives the order, that one of the following applies:

AB767,6,3 1. The account holder named in the order has terminated the account.

AB767,6,5 2. A difference in network technology would prevent or impair the functionality of a device on a network if the transfer occurs.

AB767,6,7 3. The transfer would cause a geographic or other limitation on network or service provision to the petitioner.