LRB-4383/1
CMH:wlj&amn
2019 - 2020 LEGISLATURE
October 25, 2019 - Introduced by Representatives Sargent, Crowley, Anderson,
Billings, Bowen, Brostoff, Considine, Emerson, Fields, Gruszynski, Goyke,
Haywood, Hebl, Hesselbein, Hintz, Kolste, L. Myers, Neubauer, Ohnstad,
Sinicki, Subeck, Stubbs, Stuck, C. Taylor, Vining, Zamarripa, Spreitzer and
Pope, cosponsored by Senators L. Taylor, Johnson, Carpenter, Hansen,
Larson, Miller, Ringhand, Risser, Shilling, Smith and Wirch. Referred to
Committee on Criminal Justice and Public Safety.
AB573,1,5 1An Act to amend 165.63 (3), 165.63 (4) (d), 175.35 (1) (at), 175.60 (9g) (a) 2.,
2757.69 (1) (j), 813.06, 813.126 (1), 813.127, 813.128 (2g) (b) and 941.29 (1m) (g);
3and to create 801.50 (5sb) and 813.124 of the statutes; relating to: extreme
4risk protection temporary restraining orders and injunctions and providing a
5penalty.
Analysis by the Legislative Reference Bureau
Under current law, a person is prohibited from possessing a firearm, and must
surrender all firearms, if the person is subject to a domestic abuse injunction, a child
abuse injunction, or, in certain cases, a harassment or an individuals-at-risk
injunction. If a person surrenders a firearm because the person is subject to one of
those injunctions, the firearm may not be returned to the person until a court
determines that the injunction has been vacated or has expired and that the person
is not otherwise prohibited from possessing a firearm. A person who is prohibited
from possessing a firearm under such an injunction is guilty of a Class G felony for
a violation of the prohibition.
This bill creates an extreme risk protection temporary restraining order and an
extreme risk protection injunction. Upon receiving a petition filed by a law
enforcement officer or a family or household member of the respondent, a court shall
schedule an injunction hearing. The court also shall issue a temporary restraining
order prohibiting the respondent from possessing a firearm and ordering the
respondent to surrender all firearms if the court finds reasonable grounds that the

respondent is substantially likely to injure the respondent or another person if the
respondent possesses a firearm. The temporary restraining order remains in effect
until the injunction hearing. At the injunction hearing, the court may grant an
extreme risk protection injunction ordering the respondent to refrain from
possessing a firearm if the court finds by clear and convincing evidence that the
respondent is substantially likely to injure the respondent or another person if the
respondent possesses a firearm. An extreme risk protection injunction is effective
for up to one year and may be renewed. Any person who is subject to an extreme risk
protection injunction may petition to vacate the injunction. A person who possesses
a firearm while subject to an extreme risk protection temporary restraining order or
injunction is guilty of a Class G felony. In addition, a person who files a petition for
an extreme risk protection temporary restraining order or injunction, knowing the
information in the petition to be false, is guilty of the crime of false swearing, a Class
H felony.
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:
AB573,1 1Section 1. 165.63 (3) of the statutes is amended to read:
AB573,2,52 165.63 (3) Requests from courts. In making a determination required under
3s. 813.124 (8) (a), 813.1285 (7) (a), or 968.20 (1m) (d) 1., a judge or court commissioner
4shall request information under sub. (2) from the department or from a law
5enforcement agency or law enforcement officer as provided in sub. (4) (d).
AB573,2 6Section 2. 165.63 (4) (d) of the statutes is amended to read:
AB573,2,97 165.63 (4) (d) Aid the court in making a determination required under s.
8813.124 (8) (a), 813.1285 (7) (a), or 968.20 (1m) (d) 1. or aid an entity in making a
9determination required under s. 968.20 (1m) (d) 2.
AB573,3 10Section 3. 175.35 (1) (at) of the statutes is amended to read:
AB573,3,1411 175.35 (1) (at) “Firearms restrictions record search" means a search of
12department of justice records to determine whether a person seeking to purchase a

1handgun is prohibited from possessing a firearm under s. 941.29. “ Firearms
2restrictions record search" includes a criminal history record search, a search to
3determine whether a person is prohibited from possessing a firearm under s. 51.20
4(13) (cv) 1., 2007 stats., a search in the national instant criminal background check
5system to determine whether a person has been ordered not to possess a firearm
6under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a), a search
7to determine whether the person is subject to an injunction under s. 813.12 or
8813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court
9established by any federally recognized Wisconsin Indian tribe or band, except the
10Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he
11or she is subject to the requirements and penalties under s. 941.29 and that has been
12filed with the circuit court under s. 813.128 (3g), and a search to determine whether
13the person is prohibited from possessing a firearm under s. 813.123 (5m), 813.124 (3)
14or (4),
or 813.125 (4m).
AB573,4 15Section 4. 175.60 (9g) (a) 2. of the statutes is amended to read:
AB573,4,816 175.60 (9g) (a) 2. The department shall conduct a criminal history record
17search and shall search its records and conduct a search in the national instant
18criminal background check system to determine whether the applicant is prohibited
19from possessing a firearm under federal law; whether the applicant is prohibited
20from possessing a firearm under s. 941.29; whether the applicant is prohibited from
21possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats.; whether the applicant
22has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1.,
2354.10 (3) (f) 1., or 55.12 (10) (a); whether the applicant is subject to an injunction
24under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued
25by a court established by any federally recognized Wisconsin Indian tribe or band,

1except the Menominee Indian tribe of Wisconsin, that includes notice to the
2respondent that he or she is subject to the requirements and penalties under s.
3941.29 and that has been filed with the circuit court under s. 813.128 (3g); and
4whether the applicant is prohibited from possessing a firearm under s. 813.123 (5m),
5813.124 (3) or (4),
or 813.125 (4m); and to determine if the court has prohibited the
6applicant from possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03 (1)
7(c) and if the applicant is prohibited from possessing a dangerous weapon as a
8condition of release under s. 969.01.
AB573,5 9Section 5. 757.69 (1) (j) of the statutes is amended to read:
AB573,4,1110 757.69 (1) (j) Hold hearings, make findings and issue temporary restraining
11orders under s. 813.122 or, 813.123, or 813.124.
AB573,6 12Section 6. 801.50 (5sb) of the statutes is created to read:
AB573,4,1413 801.50 (5sb) Venue of an action under s. 813.124 shall be in the county in which
14the cause of action arose or where the petitioner or the respondent resides.
AB573,7 15Section 7. 813.06 of the statutes is amended to read:
AB573,4,24 16813.06 Security for damages. In proceedings under s. 767.225 the court or
17judge may, and in all other proceedings except proceedings under ss. 813.12, 813.122,
18813.124, 813.125 and 823.113 the court or judge shall, require a bond of the party
19seeking an injunction, with sureties, to the effect that he or she will pay to the party
20enjoined such damages, not exceeding an amount to be specified, as he or she may
21sustain by reason of the injunction if the court finally decides that the party was not
22entitled thereto. Copies of such bond, affidavit or other pleading shall be served upon
23the party enjoined and the officer serving the same shall, within 8 days after such
24service, file his or her return in the office of the clerk of the court.
AB573,8 25Section 8. 813.124 of the statutes is created to read:
AB573,5,2
1813.124 Extreme risk protection orders and injunctions. (1)
2Definitions. In this section:
AB573,5,33 (a) “Family or household member” means any of the following:
AB573,5,44 1. A person related by blood, adoption, or marriage to the respondent.
AB573,5,65 2. A person with whom the respondent has or had a dating relationship, as
6defined in s. 813.12 (1) (ag), or with whom the respondent has a child in common.
AB573,5,87 3. A person who resides with, or within the 6 months before filing a petition,
8had resided with, the respondent.
AB573,5,99 4. A domestic partner under ch. 770 of the respondent.
AB573,5,1210 5. A person who is acting or has acted as the respondent's legal guardian or who
11is or was a foster parent or other physical custodian described in s. 48.62 (2) of the
12respondent.
AB573,5,1513 6. A person for whom the respondent is acting or has acted as a legal guardian
14or for whom the respondent is or was the foster parent or other physical custodian
15described in s. 48.62 (2).
AB573,5,1616 (b) “Firearms dealer" has the meaning given in s. 175.35 (1) (ar).
AB573,5,1717 (c) “Law enforcement officer” has the meaning given in s. 165.85 (2) (c).
AB573,5,1818 (d) “Reasonable grounds” has the meaning given in s. 813.12 (1) (cg).
AB573,6,12 19(2) Commencement of action and response. (a) No action under this section
20may be commenced by complaint and summons. An action under this section may
21be commenced only by a petition described under sub. (5) (a). The action commences
22with the sheriff serving the petition on the respondent if a copy of the petition is filed
23before service or promptly after service. If the judge or a circuit court commissioner
24extends the time for a hearing under sub. (3) (c) and the petitioner files an affidavit
25with the court stating that personal service by the sheriff under s. 801.11 (1) (a) or

1(b) was unsuccessful because the respondent is avoiding service by concealment or
2otherwise, the judge or circuit court commissioner shall inform the petitioner that
3the petitioner may serve the respondent by publication of a summary of the petition
4as a class 1 notice, under ch. 985, and by mailing or sending a facsimile if the
5respondent's post-office address or facsimile number is known or can with due
6diligence be ascertained. The mailing or sending of a facsimile may be omitted if the
7post-office address or facsimile number cannot be ascertained with due diligence.
8A summary of the petition published as a class 1 notice shall include the name of the
9respondent and of the petitioner, notice of the temporary restraining order, and
10notice of the date, time, and place of the hearing regarding the injunction. The court
11shall inform the petitioner in writing that the petitioner should contact the sheriff
12to verify the proof of service of the petition.
AB573,6,1513 (b) Section 813.06 does not apply to an action under this section. The
14respondent may respond to the petition either in writing before or at the injunction
15hearing or orally at the injunction hearing.
AB573,6,1816 (c) When the respondent is served with the petition under this subsection, the
17respondent shall be provided notice of the requirements and penalties under s.
18941.29.
AB573,6,25 19(2m) Two-part procedure. Procedure for an action under this section is in 2
20parts. First, if the petitioner requests a temporary restraining order, the court shall
21issue or refuse to issue that order. Second, the court shall hold a hearing under sub.
22(4) on whether to issue an injunction, which is the final relief. If the court issues a
23temporary restraining order, the order shall set forth the date for the hearing on an
24injunction. If the court does not issue a temporary restraining order, the date for the
25hearing shall be set upon motion by either party.
AB573,7,6
1(3) Temporary restraining order. (a) A judge or circuit court commissioner
2shall issue a temporary restraining order prohibiting the respondent from
3possessing a firearm and ordering the respondent to surrender all of the firearms in
4the respondent's possession if the judge or circuit court commissioner finds
5reasonable grounds that the respondent is substantially likely to injure the
6respondent or another person if the respondent possesses a firearm.
AB573,7,77 (am) The order issued under par. (a) requires one of the following:
AB573,7,138 1. If the respondent is present at the hearing, the respondent to immediately
9surrender all firearms in the respondent's possession to the sheriff of the county in
10which the action under this section was commenced or to the sheriff of the county in
11which the respondent resides. The sheriff to whom the firearms are surrendered
12may, at the request of the respondent, arrange for the transfer or sale of the firearms
13to a firearms dealer.
AB573,7,1414 2. One of the following:
AB573,7,1915 a. If the respondent is not present at the hearing and the sheriff personally
16serves the respondent with the order issued under par. (a), the sheriff to require the
17respondent to immediately surrender all firearms in the respondent's possession.
18The sheriff may, at the request of the respondent, arrange for the transfer or sale of
19the firearms to a firearms dealer.
AB573,8,220 b. If the respondent is not present at the hearing and the sheriff does not
21personally serve the respondent with the order issued under par. (a), the respondent
22to, within 24 hours of service, surrender all firearms in the respondent's possession
23to the sheriff or transfer or sell all firearms in the respondent's possession to a
24firearms dealer. Within 48 hours of service, the respondent shall file with the court

1that issued the order under par. (a) a receipt from the sheriff or firearms dealer
2indicating that the respondent surrendered the firearms.
AB573,8,43 (an) 1. The court may schedule a hearing to surrender firearms for any reason
4relevant to the surrender of firearms.
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