Under current law, an individual who is, or who acts on behalf of, a victim of
abuse, harassment, or threats may obtain a temporary restraining order against the
person who has committed the acts of abuse, harassment, or making a threat. The
restraining order bars the person from contacting the victim and requires the person
to stay away from the victim's residence and other places temporarily occupied by the
victim until a court conducts a hearing to determine whether the restraining order
should be incorporated into a longer lasting injunction.
If the court determines that the person has engaged in, or may engage in, acts
of abuse, harassment, or threats against the victim, the court may issue an
injunction against the person. An injunction may stay in effect for up to four years
and bars the person from contacting the victim, requires the person to stay away from

the victim's residence, and may require the person to stay away from other locations
temporarily occupied by the victim.
A person who violates a restraining order or an injunction may be fined up to
$1,000 and imprisoned for up to nine months, except that a person who violates a
restraining order or injunction that was issued only for harassment faces the same
fine but may be imprisoned for up to 90 days.
This substitute amendment allows a court to order a person who is convicted
of violating a restraining order or an injunction to submit, for the duration of the
restraining order or injunction, to global positioning system (GPS) tracking by the
Department of Corrections (DOC). The substitute amendment also allows a court
to order, as a condition of release, a person who is charged with violating a
restraining order or an injunction to submit to GPS tracking. The substitute
amendment requires the court to consider a request for GPS tracking by a district
attorney or by the individual who asked for the restraining order.
Under the substitute amendment, DOC must monitor the person's
whereabouts with a GPS device and, if the person enters into an area that he or she
is required to avoid under the terms of the restraining order or injunction, DOC must
immediately notify local law enforcement and the victim. Under the substitute
amendment, everyone who violates a restraining order is required to pay a $200
surcharge in addition to his or her fine that will be used toward the costs of GPS
tracking. Under the substitute amendment, the court may order the person to pay
for the costs of GPS tracking. The substitute amendment makes it a Class I felony,
punishable by a fine up to $10,000, imprisonment for up to three years and six
months, or both, for a person to tamper with the GPS device.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB263-ASA1, s. 1 1Section 1. 16.705 (1n) of the statutes is amended to read:
AB263-ASA1,2,42 16.705 (1n) Subsection (1) does not apply to a contract entered into by the
3department of corrections for global positioning system tracking services under s.
4301.48 (3) or 301.49.
AB263-ASA1, s. 2 5Section 2. 16.71 (5m) of the statutes is amended to read:
AB263-ASA1,2,86 16.71 (5m) The department shall delegate authority to the department of
7corrections to enter into contracts for global positioning system tracking equipment,
8implementation, and tracking
services under s. ss. 301.48 (3) and 301.49.
AB263-ASA1, s. 3 9Section 3. 20.410 (1) (gk) (title) of the statutes is amended to read:
AB263-ASA1,3,2
120.410 (1) (gk) (title) Global positioning system tracking devices for certain sex
2offenders
.
AB263-ASA1, s. 4 3Section 4. 20.410 (1) (gL) of the statutes is created to read:
AB263-ASA1,3,114 20.410 (1) (gL) Global positioning system tracking devices for certain violators
5of restraining orders.
All moneys received under s. 301.49 (5) and all moneys received
6from the global positioning system tracking surcharge on court fines, as authorized
7under s. 971.37 (1m) (c) 1. or 973.057, for expenditures related to the global
8positioning system tracking program under s. 301.49. If the unencumbered balance
9in this appropriation account exceeds $100,000 immediately before the end of any
10fiscal year, the department of corrections shall transfer the excess to the
11appropriation account under s. 20.437 (1) (hh) at the end of that fiscal year.
AB263-ASA1, s. 5 12Section 5. 301.49 of the statutes is created to read:
AB263-ASA1,3,14 13301.49 Global positioning system tracking for persons who violate
14certain orders or injunctions.
(1) Definitions. In this section:
AB263-ASA1,3,1615 (a) "Exclusion zone" means a zone in which a person who is tracked using a
16global positioning system tracking device is prohibited from entering.
AB263-ASA1,3,2017 (b) "Global positioning system tracking" means tracking using a system that
18actively monitors and identifies a person's location and timely reports or records the
19person's presence in an exclusion zone. "Global positioning system tracking"
20includes comparable technology.
AB263-ASA1,3,2221 (c) "Petitioner" means the person who petitioned for the restraining order or
22injunction that was issued under ss. 813.12 to 813.125 or enforced under s. 813.128.
AB263-ASA1,3,2423 (d) "Restraining order or injunction" means an order or an injunction issued
24pursuant to ss. 813.12 to 813.125 or enforced under s. 813.128.
AB263-ASA1,4,7
1(2) Who is covered; duration of coverage. (a) The department shall maintain
2global positioning system tracking of a person who is not in jail or in prison and who
3is ordered by a court to submit to monitoring under s. 813.129 or 969.02 (3) (e) for the
4duration of the restraining order or injunction. If a restraining order or injunction
5is extended beyond its original expiration date, the department shall maintain global
6positioning system tracking of the person for the duration of the extended
7restraining order or injunction.
AB263-ASA1,4,108 (b) The department shall maintain global positioning system tracking of a
9person who is subject to global positioning system tracking as a condition of release
10under s. 969.02 (3) (e) for as long as the court orders under that paragraph.
AB263-ASA1,4,14 11(3) Functions and operation of tracking program. (a) The department shall
12implement a continuous global positioning tracking system to electronically monitor
13the whereabouts of persons who are subject to this section. The system shall do all
14of the following:
AB263-ASA1,4,1915 1. Use field monitoring equipment that supports cellular communications with
16as large a coverage area as possible and shall automatically provide instantaneous
17information regarding the whereabouts of a person who is being monitored,
18including information regarding the person's presence in an exclusion zone
19established under par. (c).
AB263-ASA1,4,2220 2. Use land line communications equipment to transmit information regarding
21the location of persons who are subject to this section when they are in areas in which
22no commercial cellular service is available.
AB263-ASA1,4,2423 3. Immediately alert the department and the local law enforcement agency
24having jurisdiction over the exclusion zone if the person enters any exclusion zone.
AB263-ASA1,4,2525 4. Immediately alert the petitioner if the person enters any exclusion zone.
AB263-ASA1,5,4
1(b) The department shall contract with a vendor using a competitive process
2as described under s. 16.75 to provide staff in this state to install, remove, and
3maintain equipment related to global positioning system tracking for purposes of
4this section. The term of the contract may not exceed 3 years.
AB263-ASA1,5,105 (c) For each person who is subject to global positioning system tracking under
6this section, the department shall create an individualized exclusion zone for the
7person, if necessary to protect public safety. In creating an exclusion zone, the
8department shall include any location that the person is ordered to avoid or enjoined
9from entering under the restraining order or injunction that the person violated or
10is alleged to have violated.
AB263-ASA1,5,15 11(4) Termination if person moves out of state. Notwithstanding sub. (2), if a
12person who is subject to being tracked under this section moves out of state, the
13department shall terminate the person's tracking. If the person returns to the state
14during the duration of the restraining order or injunction, the department shall
15reinstate the person's tracking.
AB263-ASA1,5,17 16(5) Costs. (a) The department shall determine all of the following for each
17person tracked:
AB263-ASA1,5,1818 1. The cost of global positioning system tracking for the person.
AB263-ASA1,5,2019 2. How much of the cost under subd. 1. the person is able to pay based on the
20factors listed in par. (c).
AB263-ASA1,5,2521 (b) If required by the department, a person who is subject to global positioning
22system tracking shall pay for the cost of tracking up to the amount calculated for the
23person under par. (a) 2. The department shall collect moneys paid by the person
24under this paragraph and credit those moneys to the appropriation account under
25s. 20.410 (1) (gL).
AB263-ASA1,6,2
1(c) In determining how much of the costs the person is able to pay, the
2department may consider the following:
AB263-ASA1,6,33 1. The person's financial resources.
AB263-ASA1,6,44 2. The present and future earning ability of the person.
AB263-ASA1,6,55 3. The needs and earning ability of the person's dependents.
AB263-ASA1,6,66 4. Any other factors that the department considers appropriate.
AB263-ASA1,6,7 7(6) Notice. The department shall provide all of the following to each petitioner:
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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