SENATE AMENDMENT 13,
To 1995 SENATE BILL 144
September 27, 1995 - Offered by Senator Zien.
SB144-SA13,1,5
21. Page 3, line 14: delete lines 14 and 15 and substitute: "to determine whether
3the person is prohibited from possessing a firearm under s. 813.12 (4m), 813.122 (5m)
4or 813.125 (4m) or under an order included in a tribal injunction filed with the circuit
5court under s. 813.12 (9) (a).".
SB144-SA13,1,14
7"813.12
(4m) Restriction on firearm possession; surrender of firearms. (a)
8If a judge or family court commissioner issues an injunction under sub. (4) and the
9judge or family court commissioner determines, based on clear and convincing
10evidence presented at a separate hearing on the issue, that the respondent has a past
11record of violent behavior or threats of violent behavior toward the petitioner or has
12violated previous orders issued under this section or s. 813.122 or 813.125, the judge
13or family court commissioner may prohibit the respondent from possessing a
14firearm.
SB144-SA13,2,3
1(b) An order prohibiting a respondent from possessing a firearm issued under
2par. (a) remains in effect until the expiration of the injunction issued under sub. (4)
3and of any subsequent periods of extension of the injunction under sub. (4) (c).
SB144-SA13,2,54
(c) An order issued under par. (a) that prohibits a respondent from possessing
5a firearm shall do all of the following:".
SB144-SA13,2,16
9"813.12
(6) (am) If an order prohibiting a respondent from possessing a firearm
10is issued under sub. (4m) or is extended due to the extension under sub. (4) (c) of the
11injunction with which the order was issued, or if a tribal injunction that includes an
12order prohibiting a respondent from possessing a firearm is filed under sub. (9) (a),
13the clerk of the circuit court shall notify the department of justice of the existence of
14the order prohibiting a respondent from possessing a firearm and shall provide the
15department of justice with information concerning the period during which the order
16is in effect and in-".
SB144-SA13,2,20
18"813.12
(9) (a) 4. If the tribal injunction includes an order prohibiting the
19respondent from possessing a firearm, the order includes notice to the respondent
20that he".
SB144-SA13,2,22
22"
Section 18m. 813.12 (9) (b) of the statutes is amended to read:
SB144-SA13,3,223
813.12
(9) (b) A tribal order or injunction filed under par. (a) shall have the
24same effect and shall be subject to the same procedures, defenses and proceedings
1as an order or injunction under subs. (3)
and, (4)
and (4m) and may be enforced in
2like manner.".
SB144-SA13,3,10
4"813.122
(5m) Restriction on firearm possession; surrender of firearms. (a)
5If a judge or court commissioner issues an injunction under sub. (5) and the judge or
6court commissioner determines, based on clear and convincing evidence presented
7at a separate hearing on the issue, that the respondent has a past record of violent
8behavior or threats of violent behavior toward the petitioner or has violated previous
9orders issued under this section or s. 813.12 or 813.125, the judge or court
10commissioner may prohibit the respondent from possessing a firearm.
SB144-SA13,3,1311
(b) An order prohibiting a respondent from possessing a firearm issued under
12par. (a) remains in effect until the expiration of the injunction issued under sub. (5)
13and of any subsequent periods of extension of the injunction under sub. (5) (d).
SB144-SA13,3,1514
(c) An order issued under par. (a) that prohibits a respondent from possessing
15a firearm shall do all of the following:".
SB144-SA13,4,2
19"813.122
(9) (am) If an order prohibiting a respondent from possessing a
20firearm is issued under sub. (5m) or is extended due to the extension under sub. (5)
21(d) of the injunction with which the order was issued, the clerk of the circuit court
22shall notify the department of justice of the existence of the order prohibiting a
23respondent from possessing a firearm and shall provide the department of justice
1with information concerning the period during which the order is in effect and
2information necessary to identify the respondent".
SB144-SA13,4,10
4"813.125
(4m) Restriction on firearm possession; surrender of firearms. (a)
5If a judge or court commissioner issues an injunction under sub. (4) and the judge or
6court commissioner determines, based on clear and convincing evidence presented
7at a separate hearing on the issue, that the respondent has a past record of violent
8behavior or threats of violent behavior toward the petitioner or has violated previous
9orders issued under this section or s. 813.12 or 813.122, the judge or court
10commissioner may prohibit the respondent from possessing a firearm.
SB144-SA13,4,1211
(b) An order prohibiting a respondent from possessing a firearm issued under
12par. (a) remains in effect until the expiration of the injunction issued under sub. (4).
SB144-SA13,4,1413
(c) An order issued under par. (a) that prohibits a respondent from possessing
14a firearm shall do all of the following:".
SB144-SA13,4,23
18"813.125
(5r) Notice to department of justice. If an order prohibiting a
19respondent from possessing a firearm is issued under sub. (4m), the clerk of the
20circuit court shall notify the department of justice of the existence of the order
21prohibiting a respondent from possessing a firearm and shall provide the
22department of justice with information concerning the period during which the order
23is in effect and information neces-".
SB144-SA13,5,3
1"941.29
(1) (f) Ordered not to possess a firearm under s. 813.12 (4m), 813.122
2(5m) or 813.125 (4m) or under an order included in a tribal injunction that has been
3filed under s. 813.12 (9) (a).".
