AB263-ASA1,6,98 (a) Notice when the person who is ordered by a court to submit to monitoring
9under s. 813.129 is released from incarceration.
AB263-ASA1,6,1210 (b) The exclusion zones that the person must avoid and the amount of time that
11the person is allowed to remain in an exclusion zone before the department and law
12enforcement receive an alert.
AB263-ASA1,6,1513 (c) An explanation of the failure rates associated with global positioning system
14tracking programs and an explanation of situations in which a person may not be
15detected by the tracking program.
AB263-ASA1, s. 6 16Section 6. 813.129 of the statutes is created to read:
AB263-ASA1,6,22 17813.129 Global positioning system tracking. (1) If a person knowingly
18violates a temporary restraining order or injunction issued under s. 813.12 to s.
19813.125 or any order enforced under s. 813.128, in addition to other penalties
20provided in those sections, the court may report the violation to the department of
21corrections immediately upon the person's conviction and may order the person to
22submit to global positioning system tracking under s. 301.49.
AB263-ASA1,7,2 23(2) Before issuing an order under sub. (1), the court shall consider whether the
24person is likely to cause serious bodily harm to the person who petitioned for the

1restraining order or injunction, poses a serious threat to public safety, or is likely to
2intimidate witnesses, weighing the following factors:
AB263-ASA1,7,53 (a) Whether the person has allegedly caused physical injury, intentionally
4abused pets or damaged property, or committed sexual assault, an act of
5strangulation or forcible entry to gain access to the petitioner.
AB263-ASA1,7,76 (b) Whether the person has threatened any individual, including the petitioner,
7with harm.
AB263-ASA1,7,108 (c) Whether the person has access to a firearm or other dangerous weapon and
9a history of improperly using or threatening to use a firearm or other dangerous
10weapon.
AB263-ASA1,7,1111 (d) Whether the person has expressed suicidal ideation.
AB263-ASA1,7,1312 (e) Whether the person and the petitioner have recently separated, divorced,
13or otherwise terminated their relationship.
AB263-ASA1,7,1614 (f) Whether the person has exhibited obsessive or controlling behavior toward
15the petitioner or any member of the petitioner's family, including stalking,
16surveillance, or isolation of the petitioner or any member of the petitioner's family.
AB263-ASA1,7,1717 (g) The person's mental health history.
AB263-ASA1,7,1918 (h) Whether the person has a history of abusing alcohol or a controlled
19substance.
AB263-ASA1,7,21 20(3) The court may request the department of corrections to provide a validated
21danger assessment of the person in order to make the findings required in sub. (2).
AB263-ASA1,7,24 22(4) If a court enters an order under sub. (1), the court shall provide the person
23who petitioned for the restraining order or injunction with a referral to a domestic
24violence or sexual assault victim service provider.
AB263-ASA1,8,7
1(5) If, after weighing the factors set forth under sub. (2), the court determines
2that a person is likely to cause serious bodily harm to the person who petitioned for
3the restraining order or injunction, poses a serious threat to public safety, or is likely
4to intimidate witnesses, and the court determines that another alternative,
5including imprisonment, is more likely to protect the person who petitioned for the
6restraining order or injunction or the public or more likely to prevent the
7intimidation of witnesses, the court may not enter an order under sub. (1).
AB263-ASA1, s. 7 8Section 7. 814.75 (8m) of the statutes is created to read:
AB263-ASA1,8,109 814.75 (8m) The global positioning system tracking surcharge under s. 971.37
10(1m) (c) 1. or 973.057.
AB263-ASA1, s. 8 11Section 8. 946.465 of the statutes is amended to read:
AB263-ASA1,8,16 12946.465 Tampering with a global positioning system tracking device.
13Whoever, without the authorization of the department of corrections, intentionally
14tampers with, or blocks, diffuses, or prevents the clear reception of, a signal
15transmitted by, a global positioning system tracking device or comparable
16technology that is provided under s. 301.48 or 301.49 is guilty of a Class I felony.
AB263-ASA1, s. 9 17Section 9. 969.02 (3) (e) of the statutes is created to read:
AB263-ASA1,8,2418 969.02 (3) (e) If the person is charged with violating a restraining order or
19injunction issued under ss. 813.12 to 813.125 or an order or modification enforced
20under s. 813.128, require the person to submit to global positioning system tracking
21under s. 301.49 and may require the person to participate in mental health
22treatment, a batterer's intervention program, or individual counseling. The judge
23shall consider a request by the district attorney or the petitioner, as defined in s.
24301.49 (1) (c), in determining whether to issue an order under this paragraph.
AB263-ASA1, s. 10 25Section 10. 971.37 (1m) (c) 1. (intro.) of the statutes is amended to read:
AB263-ASA1,9,9
1971.37 (1m) (c) 1. (intro.) The agreement may provide as one of its conditions
2that a person covered under sub. (1) (b) or (c) pay the domestic abuse surcharge under
3s. 973.055 and, if applicable, the global positioning system tracking surcharge under
4s. 973.057. If the agreement requires the person to pay the global positioning system
5tracking surcharge under s. 973.057, the agreement shall also require the person to
6pay the domestic abuse surcharge under s. 973.055
. Payments and collections of the
7domestic abuse surcharge and the global positioning system tracking surcharge

8under this subdivision are subject to s. 973.055 (2) to (4) or s. 973.057 (2) and (3),
9respectively
, except as follows:
AB263-ASA1, s. 11 10Section 11. 971.37 (1m) (c) 2. of the statutes is amended to read:
AB263-ASA1,9,1311 971.37 (1m) (c) 2. If the prosecution is resumed under sub. (2) and the person
12is subsequently convicted, a court shall give the person credit under s. 973.055 and,
13if applicable, s. 973.057
for any amount paid under subd. 1.
AB263-ASA1, s. 12 14Section 12. 973.05 (2m) (jm) of the statutes is created to read:
AB263-ASA1,9,1615 973.05 (2m) (jm) To payment of the global positioning system tracking
16surcharge until paid in full.
AB263-ASA1, s. 13 17Section 13. 973.057 of the statutes is created to read:
AB263-ASA1,9,21 18973.057 Global positioning system tracking surcharge. (1) If a court
19convicts a person under s. 813.12 to 813.128, or a conforming municipal ordinance,
20the court shall impose a global positioning system tracking surcharge under ch. 814
21of $200 for each offense.
AB263-ASA1,9,25 22(2) (a) If the surcharge is imposed by a court of record, after the court
23determines the amount due, the clerk of the court shall collect and transmit the
24amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer

1shall then make payment to the secretary of administration as provided in s. 59.25
2(3) (f) 2.
AB263-ASA1,10,63 (b) If the surcharge is imposed by a municipal court, after a determination by
4the court of the amount due, the court shall collect and transmit the amount to the
5treasurer of the county, city, town, or village, and that treasurer shall make payment
6to the secretary of administration as provided in s. 66.0114 (1) (bm).
AB263-ASA1,10,9 7(3) All moneys collected from global positioning system tracking surcharges
8shall be deposited by the secretary of administration in s. 20.410 (gL) and utilized
9in accordance with s. 301.49.
AB263-ASA1,10,13 10(4) If the moneys collected under this section prove inadequate to fund the
11global positioning system tracking program under s. 301.49, the department may, by
12rule, increase the surcharge under sub. (1) by not more than 5 percent each year to
13cover the costs of the global positioning tracking program.
AB263-ASA1, s. 14 14Section 14 . Nonstatutory provisions.
AB263-ASA1,10,1915 (1) The department of corrections shall promulgate rules to implement section
16301.49 of the statutes, as created by this act. The department of corrections shall
17consult with the Wisconsin Coalition Against Domestic Violence, law enforcement
18agencies, judges, district attorneys, and probation officers in developing the
19implementation plan.
AB263-ASA1, s. 15 20Section 15 . Initial applicability.
AB263-ASA1,10,2421 (1) The treatment of sections 20.410 (1) (gL), 814.75 (8m), 971.37 (1m) (c) 1.
22(intro.) and 2., 973.05 (2m) (jm), and 973.057 of the statutes first applies to a person
23who is convicted or who enters into a deferred prosecution agreement on the effective
24date of this subsection.
AB263-ASA1,11,2
1(2) The treatment of sections 301.49, 813.129, 946.465, and 969.02 (3) (e) of the
2statutes first applies to violations that occur on the effective date of this subsection.
AB263-ASA1, s. 16 3Section 16. Effective dates. This act takes effect on the first day of the sixth
4month beginning after publication, except as follows:
AB263-ASA1,11,85 (1) The treatment of sections 16.705 (1n), 16.71 (5m), 20.410 (1) (gk) (title) and
6(gL), 814.75 (8m), 971.37 (1m) (c) 1. (intro.) and 2., 973.05 (2m) (jm), and 973.057 of
7the statutes and Sections 14 and 15 (1) of this act take effect on the day after
8publication.
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