Amendment ASA1-AB793

AB793-ASA1, s. 7 Section 7. 813.12 (7) (b) of the statutes is amended to read:

AB793-ASA1,5,21 813.12 (7) (b) The law enforcement officer has probable cause to believe that the person has violated the court order issued under sub. (3) or (4) by any circuit court in this state or a tribal order or injunction issued against the person that has been filed with any circuit court in this state in accordance with sub. (9) (a).

AB793-ASA1, s. 8 Section 8. 813.12 (8) (a) (intro.) of the statutes is renumbered 813.12 (8) (a) and amended to read:

AB793-ASA1,6,3 813.12 (8) (a) Whoever knowingly violates any of the following a temporary restraining order or injunction issued under sub. (3) or (4) shall be fined not more than $1,000 or imprisoned for not more than 9 months or both:.

AB793-ASA1, s. 9 Section 9. 813.12 (8) (a) 1. and 2. of the statutes are repealed.

AB793-ASA1, s. 10 Section 10. 813.12 (9) of the statutes, as affected by 1995 Wisconsin Act 71, is repealed and recreated to read:

AB793-ASA1,6,11 813.12 (9) Notice of full faith and credit. An order or injunction issued under sub. (3) or (4) shall include a statement that the order or injunction may be accorded full faith and credit in every civil or criminal court of the United States, civil or criminal courts of any other state and Indian tribal courts to the extent that such courts may have personal jurisdiction over nontribal members.

AB793-ASA1, s. 11 Section 11. 813.122 (12) of the statutes is created to read:

AB793-ASA1,6,17 813.122 (12) Notice of full faith and credit. An order or injunction issued under sub. (4) or (5) shall include a statement that the order or injunction may be accorded full faith and credit in every civil or criminal court of the United States, civil or criminal courts of any other state and Indian tribal courts to the extent that such courts may have personal jurisdiction over nontribal members.

AB793-ASA1, s. 12 Section 12. 813.123 (12) of the statutes is created to read:

AB793-ASA1,6,23 813.123 (12) Notice of full faith and credit. An order or injunction issued under sub. (4) or (5) shall include a statement that the order or injunction may be accorded full faith and credit in every civil or criminal court of the United States, civil or criminal courts of any other state and Indian tribal courts to the extent that such courts may have personal jurisdiction over nontribal members.

AB793-ASA1, s. 13 Section 13. 813.125 (8) of the statutes is created to read:

AB793-ASA1,7,5 813.125 (8) Notice of full faith and credit. An order or injunction issued under sub. (3) or (4) shall include a statement that the order or injunction may be accorded full faith and credit in every civil or criminal court of the United States, civil or criminal courts of any other state and Indian tribal courts to the extent that such courts may have personal jurisdiction over nontribal members.

AB793-ASA1, s. 14 Section 14. 813.128 of the statutes is created to read:

AB793-ASA1,7,11 813.128 Foreign protection orders. (1) Enforcement of foreign protection orders. (a) A foreign protection order or modification of the foreign protection order that meets the requirements under s. 806.247 (2) has the same effect as an order issued under s. 813.12, 813.122, 813.123 or 813.125, except that the foreign protection order or modification shall be enforced according to its own terms.

AB793-ASA1,7,13 (b) A law enforcement officer shall arrest and take the subject of a foreign protection order into custody if all of the following occur:

AB793-ASA1,7,21 1. A person protected under a foreign protection order presents the law enforcement officer with a copy of a foreign protection order issued against the subject, or the law enforcement officer determines that a valid foreign protection order exists against the subject through communication with appropriate authorities. If a law enforcement officer examines a copy of a foreign protection order, the order, with any modification, is presumed to be valid if the order or modification appears to be valid on its face and circumstances suggest that the order and any modification are in effect.

AB793-ASA1,7,23 2. The law enforcement officer has probable cause to believe that the person has violated the terms of the foreign protection order or modification of the order.

AB793-ASA1,8,7 (2) Penalty. A person who knowingly violates a condition of a foreign protection order or modification of a foreign protection order that is entitled to full faith and credit under s. 806.247 shall be fined not more than $1,000 or imprisoned for not more than 9 months or both. If a foreign protection order and any modification of that order that is entitled to full faith and credit under s. 806.247 remains current and in effect at the time that a court convicts a person for a violation of that order or modification of that order, but that order or modification has not been filed under s. 806.247, the court shall direct the clerk of circuit court to file the order and any modification of the order.

AB793-ASA1,8,13 (3) Immunity. A law enforcement officer, law enforcement agency, prosecuting attorney or clerk of circuit court is immune from civil and criminal liability for his or her acts or omissions arising out of a decision related to the filing of a foreign protection order or modification or to the detention or arrest of an alleged violator of a foreign protection order or modification if the act or omission is done in a good faith effort to comply with this section and s. 806.247.

AB793-ASA1, s. 15 Section 15. 814.61 (1) (d) of the statutes is amended to read:

AB793-ASA1,8,20 814.61 (1) (d) No fee charged under this subsection in any action commenced under s. 813.12 may be collected from a petitioner under s. 813.12. The fee charged under this subsection for petitions filed and granted under s. 813.12 shall be collected from the respondent under s. 813.12 if he or she is convicted of violating a temporary restraining order or injunction issued under s. 813.12 (3) or (4) or a tribal order or injunction filed under s. 813.12 (9).

AB793-ASA1, s. 16 Section 16. 814.70 (1) of the statutes is amended to read:

AB793-ASA1,9,6 814.70 (1) Service of process. For each service or attempted service of a summons or any other process for commencement of an action, a writ, an order of injunction, a subpoena or any other order, $12 for each defendant or person. If there is more than one defendant or person to be served at a given address, $6 for each additional defendant or person. No fee charged under this subsection in any action commenced under s. 813.12 may be collected from a petitioner under s. 813.12. The fee charged under this subsection in any action commenced under s. 813.12 shall be collected from the respondent under s. 813.12 if he or she is convicted of violating a temporary restraining order or injunction issued under s. 813.12 (3) or (4) or a tribal order or injunction filed under s. 813.12 (9).

AB793-ASA1, s. 17 Section 17. 814.70 (3) (intro.) of the statutes is amended to read:

AB793-ASA1,9,13 814.70 (3) Travel; civil process. (intro.) For travel in serving any summons, writ or other process, except criminal warrants, and except that a fee under this subsection in any action commenced under s. 813.12 may not be collected from a petitioner but shall be collected from the respondent if he or she is convicted of violating a temporary restraining order or injunction issued under s. 813.12 (3) or (4) or a tribal order or injunction filed under s. 813.12 (9):

AB793-ASA1, s. 18 Section 18. 941.29 (1) (f) of the statutes, as created by 1995 Wisconsin Act 71, is amended to read:

AB793-ASA1,9,21 941.29 (1) (f) Enjoined under an injunction issued under s. 813.12 or 813.122, or under a tribal injunction issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under s. 941.29 and that has been filed under s. 813.12 (9) (a) 806.247 (3).

AB793-ASA1, s. 19 Section 19. Effective date.

AB793-ASA1,9,24 (1)  This act takes effect on April 1, 1996, or on the day after publication, whichever is later.

AB793-ASA1,9,25 (End)