SB352,8,2018 1. If a law enforcement officer is able to personally serve the respondent with
19the order, the officer to require the respondent to immediately surrender all firearms
20in the respondent's possession.
SB352,9,621 2. If a law enforcement officer is not able to personally serve the respondent
22with the order, the respondent to, within 24 hours of service, surrender all firearms
23in the respondent's possession to a law enforcement officer or transfer or sell all
24firearms in the respondent's possession to a firearms dealer. Within 48 hours of
25service, the respondent shall file with the court that issued the order under this

1subsection a receipt indicating that the respondent surrendered, transferred, or sold
2the firearms. The receipt must include the date on which each firearm was
3surrendered, transferred, or sold and the manufacturer, model, and serial number
4of each firearm and must be signed by either the law enforcement officer to whom the
5firearm was surrendered or the firearms dealer to whom the firearm was transferred
6or sold.
SB352,9,12 7(3) Extreme risk protection injunction. (a) The court shall hold a hearing on
8whether to issue an extreme risk protection injunction, which is the final relief. At
9the hearing, a judge may grant an injunction prohibiting the respondent from
10possessing a firearm and, if there was no temporary restraining order under sub. (2t),
11ordering the respondent to surrender all firearms in the respondent's possession if
12all of the following occur:
SB352,9,1413 1. The petitioner files a petition alleging the elements set forth under sub. (4)
14(a).
SB352,9,1815 2. The petitioner serves upon the respondent a copy or summary of the petition
16and notice of the time for hearing on the issuance of the injunction, or the respondent
17serves upon the petitioner notice of the time for hearing on the issuance of the
18injunction.
SB352,9,2119 3. The judge finds by clear and convincing evidence that the respondent is
20substantially likely to injure himself or herself or another person if the respondent
21possesses a firearm.
SB352,9,2322 (b) The judge may enter an injunction against only the respondent named in
23the petition.
SB352,10,3
1(c) 1. Unless a judge vacates the injunction under par. (d), an injunction under
2this subsection is effective for a period determined by the judge that is no longer than
3one year.
SB352,10,74 2. When an injunction expires, the court shall extend the injunction, upon
5petition, for up to one year if the judge finds by clear and convincing evidence that
6the respondent is still substantially likely to injure himself or herself or another
7person if the respondent possesses a firearm.
SB352,10,148 (d) A respondent who is subject to an injunction issued under this subsection
9may request in writing a judge to vacate the injunction one time during any
10injunction period. If a respondent files a request under this paragraph, the
11petitioner shall be notified of the request before the judge considers the request. The
12judge shall vacate the injunction if the respondent demonstrates by clear and
13convincing evidence that the respondent is no longer substantially likely to injure
14himself or herself or another person if the respondent possesses a firearm.
SB352,10,1615 (e) An injunction issued under this subsection shall inform the respondent
16named in the petition of the requirements and penalties under s. 941.29.
SB352,10,17 17(4) Petition. (a) The petition shall allege facts sufficient to show the following:
SB352,10,1918 1. The name of the petitioner and, unless the petitioner is a law enforcement
19officer, how the petitioner is a family or household member of the respondent.
SB352,10,2020 2. The name of the respondent.
SB352,10,2221 3. That the respondent is substantially likely to injure himself or herself or
22another person if the respondent possesses a firearm.
SB352,10,2423 4. If the petitioner knows, the number, types, and locations of any firearms that
24the respondent possesses.
SB352,11,4
15. If requesting a temporary restraining order, evidence of an immediate and
2present danger that the respondent may injure himself or herself or another person
3if the respondent possesses a firearm and that waiting for the injunction hearing may
4increase the immediate and present danger.
SB352,11,65 (b) The clerk of the circuit court shall provide simplified forms to help a person
6file a petition.
SB352,11,77 (c) Only the following persons may file a petition under this section:
SB352,11,88 1. A law enforcement officer.
SB352,11,99 2. A family or household member of the respondent.
SB352,11,17 10(5) Enforcement assistance. (a) 1. If a temporary restraining order is issued
11under sub. (2t) or an injunction is issued, extended, or vacated under sub. (3), the
12clerk of the circuit court shall notify the department of justice of the action and shall
13provide the department of justice with information concerning the period during
14which the order or injunction is in effect or the date on which the injunction is vacated
15and with information necessary to identify the respondent for purposes of
16responding to a request under s. 165.63 or for purposes of a firearms restrictions
17record search under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).
SB352,11,2118 2. Except as provided in subd. 3., the department of justice may disclose
19information that it receives under subd. 1. only to respond to a request under s.
20165.63 or as part of a firearms restrictions record search under s. 175.35 (2g) (c) or
21a background check under s. 175.60 (9g) (a).
SB352,11,2422 3. The department of justice shall disclose any information that it receives
23under subd. 1. to a law enforcement agency when the information is needed for law
24enforcement purposes.
SB352,12,6
1(b) Within one business day after a temporary restraining order is issued under
2sub. (2t) or an injunction is issued, extended, or vacated under sub. (3), the clerk of
3the circuit court shall send a copy of the temporary restraining order, of the
4injunction, or of the order extending or vacating an injunction, to the sheriff or to any
5other local law enforcement agency that is the central repository for injunctions and
6that has jurisdiction over the petitioner's premises.
SB352,12,157 (c) No later than 24 hours after receiving the information under par. (b), the
8sheriff or other appropriate local law enforcement agency under par. (b) shall enter
9the information concerning a temporary restraining order issued under sub. (2t) or
10concerning an injunction issued, extended, or vacated under sub. (3) into the
11transaction information for management of enforcement system. The sheriff or other
12appropriate local law enforcement agency shall also make available to other law
13enforcement agencies, through a verification system, information on the existence
14and status of any order or injunction issued under this section. The information need
15not be maintained after the order or injunction is no longer in effect.
SB352,12,1716 (d) 1. The court may schedule a hearing to surrender firearms for any reason
17relevant to the surrender of firearms.
SB352,12,2218 2. If the respondent does not comply with an order issued at a hearing to
19surrender firearms, or a law enforcement officer has probable cause to believe that
20the respondent possesses a firearm, the law enforcement officer shall request a
21search warrant to seize the firearms and may use information contained in the
22petition to establish probable cause.
SB352,12,25 23(6) Penalty for false swearing. Whoever files a petition under this section
24knowing the information in the petition to be false is subject to the penalty for false
25swearing under s. 946.32 (1).
SB352,13,4
1(7) Return of firearms and form. (a) A firearm surrendered under this section
2may not be returned to the respondent until the respondent completes a petition for
3the return of firearms under par. (c) and a judge or circuit court commissioner
4determines all of the following:
SB352,13,65 1. If a temporary restraining order was issued, that the temporary restraining
6order has expired and no injunction has been issued.
SB352,13,87 2. If an injunction was issued, that the injunction has been vacated or has
8expired and not been extended.
SB352,13,139 3. That the person is not prohibited from possessing a firearm under any state
10or federal law or by the order of any federal court or state court, other than an order
11from which the judge or circuit court commissioner is competent to grant relief. The
12judge or commissioner shall use the information provided under s. 165.63 to aid in
13making the determination under this subdivision.
SB352,13,2214 (b) If a respondent surrenders under this section a firearm that is owned by a
15person other than the respondent, the person who owns the firearm may apply for
16its return to the circuit court for the county in which the person to whom the firearm
17was surrendered is located. The court shall order such notice as it considers
18adequate to be given to all persons who have or may have an interest in the firearm
19and shall hold a hearing to hear all claims to its true ownership. If the right to
20possession is proved to the court's satisfaction, it shall order the firearm returned.
21If the court returns a firearm under this paragraph, the court shall inform the person
22to whom the firearm is returned of the requirements and penalties under s. 941.2905.
SB352,13,2423 (c) The director of state courts shall develop a petition for the return of firearms
24form that is substantially the same as the form under s. 813.1285 (5) (b).
SB352,14,6
1(8) Notice of full faith and credit. A temporary restraining order issued
2under sub. (2t) and an injunction issued under sub. (3) shall include a statement that
3the order or injunction may be accorded full faith and credit in every civil or criminal
4court of the United States, civil or criminal courts of any other state, and Indian
5tribal courts to the extent that such courts may have personal jurisdiction over
6nontribal members.
SB352,10 7Section 10 . 813.126 (1) of the statutes is amended to read:
SB352,14,188 813.126 (1) Time limits for de novo hearing. If a party seeks to have the judge
9conduct a hearing de novo under s. 757.69 (8) of a determination, order, or ruling
10entered by a court commissioner in an action under s. 813.12, 813.122, 813.123,
11813.124, or 813.125, including a denial of a request for a temporary restraining order,
12the motion requesting the hearing must be filed with the court within 30 days after
13the circuit court commissioner issued the determination, order, or ruling. The court
14shall hold the de novo hearing within 30 days after the motion requesting the hearing
15is filed with the court unless the court finds good cause for an extension. Any
16determination, order, or ruling entered by a court commissioner in an action under
17s. 813.12, 813.122, 813.123, 813.124, or 813.125 remains in effect until the judge in
18the de novo hearing issues his or her final determination, order, or ruling.
SB352,11 19Section 11. 813.127 of the statutes is amended to read:
SB352,15,2 20813.127 Combined actions; domestic abuse, child abuse, extreme risk
21protection,
and harassment. A petitioner may combine in one action 2 or more
22petitions under one or more of the provisions in ss. 813.12, 813.122 , 813.124, and
23813.125 if the respondent is the same person in each petition. In any such action,
24there is only one fee applicable under s. 814.61 (1) (a). In any such action, the

1hearings for different types of temporary restraining orders or injunctions may be
2combined.
SB352,12 3Section 12 . 813.128 (2g) (b) of the statutes is amended to read:
SB352,15,84 813.128 (2g) (b) A foreign protection order or modification of the foreign
5protection order that meets the requirements under this section has the same effect
6as an order issued under s. 813.12, 813.122, 813.123, 813.124, or 813.125, except that
7the foreign protection order or modification shall be enforced according to its own
8terms.
SB352,13 9Section 13. 941.29 (1m) (f) of the statutes is amended to read:
SB352,15,1610 941.29 (1m) (f) The person is subject to an injunction issued under s. 813.12
11or 813.122, a temporary restraining order or an injunction issued under s. 813.124,
12or under a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court
13established by any federally recognized Wisconsin Indian tribe or band, except the
14Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he
15or she is subject to the requirements and penalties under this section and that has
16been filed under s. 813.128 (3g).
SB352,15,1717 (End)
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