LRBs0584/1
RPN:kmg&mkd:ch
1995 - 1996 LEGISLATURE
CORRECTED COPY
ASSEMBLY SUBSTITUTE AMENDMENT 1,
To 1995 ASSEMBLY BILL 793
March 19, 1996 - Offered by
Committee on Judiciary.
AB793-ASA1,1,7
1An Act to repeal 813.12 (8) (a) 1. and 2.;
to renumber and amend 813.12 (8)
2(a) (intro.);
to amend 175.35 (1) (at), 813.12 (6) (am) 1., 813.12 (6) (b), 813.12
3(6) (c), 813.12 (7) (a), 813.12 (7) (b), 814.61 (1) (d), 814.70 (1), 814.70 (3) (intro.)
4and 941.29 (1) (f);
to repeal and recreate 813.12 (9); and
to create 806.247,
5813.122 (12), 813.123 (12), 813.125 (8) and 813.128 of the statutes;
relating to:
6giving full faith and credit to and enforcement of foreign orders providing
7protection to individuals and providing a penalty.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB793-ASA1,2,710
175.35
(1) (at) "Firearms restrictions record search" means a search of
11department of justice records to determine whether a person seeking to purchase a
12handgun is prohibited from possessing a firearm under s. 941.29. "Firearms
13restriction record search" includes a criminal history record search, a search to
14determine whether a person is prohibited from possessing a firearm under s. 51.20
1(13) (cv), a search to determine whether the person is subject to an injunction under
2s. 813.12 or 813.122
, or a tribal injunction
issued by a court established by any
3federally recognized Wisconsin Indian tribe or band, except the Menominee Indian
4tribe of Wisconsin, that includes notice to the respondent that he or she is subject to
5the requirements and penalties under s. 941.29 and that has been filed with the
6circuit court under s.
813.12 (9) (a) 806.247 (3), and a search to determine whether
7the person is prohibited from possessing a firearm under s. 813.125 (4m).
AB793-ASA1,2,10
9806.247 Full faith and credit for foreign protection orders. (1)
10Definitions. In this section:
AB793-ASA1,2,1111
(a) "Bodily harm" has the meaning given in s. 939.22 (4).
AB793-ASA1,2,1612
(b) "Foreign protection order" means any temporary or permanent injunction
13or order of a civil or criminal court of the United States, of an Indian tribe or of any
14other state issued for preventing abuse, bodily harm, communication, contact,
15harassment, physical proximity, threatening acts or violence by or to a person, other
16than support or custody orders.
AB793-ASA1,2,20
17(2) Status of a foreign protection order. (a) A foreign protection order shall
18be accorded full faith and credit by the courts in this state and shall be enforced as
19if the order were an order of a court of this state if the order meets all of the following
20conditions:
AB793-ASA1,3,221
1. The foreign protection order was obtained after providing the person against
22whom the protection order was sought a reasonable notice and opportunity to be
23heard sufficient to protect his or her right to due process. If the foreign protection
24order is an ex parte injunction or order, the person against whom the order was
25obtained shall have been given notice and an opportunity to be heard within a
1reasonable time after the order was issued sufficient to protect his or her right to due
2process.
AB793-ASA1,3,43
2. The court that issued the order had jurisdiction over the parties and over the
4subject matter.
AB793-ASA1,3,75
(b) A foreign protection order issued against the person who filed a written
6pleading with a court for a protection order is not entitled to full faith and credit
7under this subsection if any of the following occurred:
AB793-ASA1,3,98
1. No written pleading was filed seeking the foreign protection order against
9that person.
AB793-ASA1,3,1110
2. A cross or counter petition was filed but the court did not make a specific
11finding that each party was entitled to a foreign protection order.
AB793-ASA1,3,17
12(3) Filing of a foreign protection order. (a) A copy of any foreign protection
13order, or of a modification of a foreign protection order that is on file with the circuit
14court, that is authenticated in accordance with an act of congress, an Indian tribal
15legislative body or the statutes of another state may be filed in the office of the clerk
16of circuit court of any county of this state. The clerk shall treat any foreign protection
17order or modification so filed in the same manner as a judgment of the circuit court.
AB793-ASA1,3,2218
(b) Within one business day after a foreign protection order or a modification
19of a foreign protection order is filed under this subsection, the clerk of circuit court
20shall send a copy of the foreign protection order or modification of the order to the
21sheriff in that circuit or to the local law enforcement agency that is the central
22repository for orders and injunctions in that circuit.
AB793-ASA1,4,623
(c) The sheriff or law enforcement agency that receives a copy of a foreign
24protection order or of a modification of an order from the clerk under par. (b) shall
25enter the information received concerning the order or modification of an order into
1the transaction information for management of enforcement system no later than 24
2hours after receiving the information. The sheriff or law enforcement agency shall
3make available to other law enforcement agencies, through a verification system,
4information on the existence and status of any order or modification of an order filed
5under this subsection. The information need not be maintained after the order or
6modification is no longer in effect.
AB793-ASA1,4,149
813.12
(6) (am) 1. If an injunction is issued or extended under sub. (4) or if a
10tribal injunction is filed under
sub. (9) (a) s. 806.247 (3), the clerk of the circuit court
11shall notify the department of justice of the injunction and shall provide the
12department of justice with information concerning the period during which the
13injunction is in effect and information necessary to identify the respondent for
14purposes of a firearms restrictions record search under s. 175.35 (2g) (c).
AB793-ASA1,4,2317
813.12
(6) (b) Within one business day after an order or injunction is issued,
18extended, modified or vacated under this section
or after a tribal order or injunction
19is filed under sub. (9) (a), the clerk of the circuit court shall send a copy of the order
20or injunction, or of the order extending, modifying or vacating an order or injunction,
21to the sheriff or to any other local law enforcement agency which is the central
22repository for orders and injunctions and which has jurisdiction over the petitioner's
23premises.
AB793-ASA1,5,10
1813.12
(6) (c) No later than 24 hours after receiving the information under par.
2(b), the sheriff or other appropriate local law enforcement agency under par. (b) shall
3enter the information concerning an order or injunction issued, extended, modified
4or vacated under this section
or a tribal order or injunction filed under sub. (9) (a) 5into the transaction information for management of enforcement system. The sheriff
6or other appropriate local law enforcement agency shall also make available to other
7law enforcement agencies, through a verification system, information on the
8existence and status of any order or injunction issued under this section. The
9information need not be maintained after the order or injunction is no longer in
10effect.
AB793-ASA1, s. 6
11Section
6. 813.12 (7) (a) of the statutes is amended to read:
AB793-ASA1,5,1612
813.12
(7) (a) A petitioner under sub. (5)
or a tribal court petitioner presents
13the law enforcement officer with a copy of a court order issued under sub. (3) or (4)
14or a tribal order or injunction issued against the person which has been filed with a
15circuit court in accordance with sub. (9) (a), or the law enforcement officer determines
16that such an order exists through communication with appropriate authorities.
AB793-ASA1, s. 7
17Section
7. 813.12 (7) (b) of the statutes is amended to read:
AB793-ASA1,5,2118
813.12
(7) (b) The law enforcement officer has probable cause to believe that
19the person has violated the court order issued under sub. (3) or (4) by any circuit court
20in this state
or a tribal order or injunction issued against the person that has been
21filed with any circuit court in this state in accordance with sub. (9) (a).
AB793-ASA1, s. 8
22Section
8. 813.12 (8) (a) (intro.) of the statutes is renumbered 813.12 (8) (a)
23and amended to read:
AB793-ASA1,6,3
1813.12
(8) (a) Whoever knowingly violates
any of the following a temporary
2restraining order or injunction issued under sub. (3) or (4) shall be fined not more
3than $1,000 or imprisoned for not more than 9 months or both
:.
AB793-ASA1, s. 9
4Section
9. 813.12 (8) (a) 1. and 2. of the statutes are repealed.
AB793-ASA1,6,117
813.12
(9) Notice of full faith and credit. An order or injunction issued under
8sub. (3) or (4) shall include a statement that the order or injunction may be accorded
9full faith and credit in every civil or criminal court of the United States, civil or
10criminal courts of any other state and Indian tribal courts to the extent that such
11courts may have personal jurisdiction over nontribal members.
AB793-ASA1,6,1713
813.122
(12) Notice of full faith and credit. An order or injunction issued
14under sub. (4) or (5) shall include a statement that the order or injunction may be
15accorded full faith and credit in every civil or criminal court of the United States, civil
16or criminal courts of any other state and Indian tribal courts to the extent that such
17courts may have personal jurisdiction over nontribal members.
AB793-ASA1,6,2319
813.123
(12) Notice of full faith and credit. An order or injunction issued
20under sub. (4) or (5) shall include a statement that the order or injunction may be
21accorded full faith and credit in every civil or criminal court of the United States, civil
22or criminal courts of any other state and Indian tribal courts to the extent that such
23courts may have personal jurisdiction over nontribal members.
AB793-ASA1,7,5
1813.125
(8) Notice of full faith and credit. An order or injunction issued
2under sub. (3) or (4) shall include a statement that the order or injunction may be
3accorded full faith and credit in every civil or criminal court of the United States, civil
4or criminal courts of any other state and Indian tribal courts to the extent that such
5courts may have personal jurisdiction over nontribal members.
AB793-ASA1,7,11
7813.128 Foreign protection orders. (1)
Enforcement of foreign
8protection orders. (a) A foreign protection order or modification of the foreign
9protection order that meets the requirements under s. 806.247 (2) has the same effect
10as an order issued under s. 813.12, 813.122, 813.123 or 813.125, except that the
11foreign protection order or modification shall be enforced according to its own terms.
AB793-ASA1,7,1312
(b) A law enforcement officer shall arrest and take the subject of a foreign
13protection order into custody if all of the following occur:
AB793-ASA1,7,2114
1. A person protected under a foreign protection order presents the law
15enforcement officer with a copy of a foreign protection order issued against the
16subject, or the law enforcement officer determines that a valid foreign protection
17order exists against the subject through communication with appropriate
18authorities. If a law enforcement officer examines a copy of a foreign protection
19order, the order, with any modification, is presumed to be valid if the order or
20modification appears to be valid on its face and circumstances suggest that the order
21and any modification are in effect.
AB793-ASA1,7,2322
2. The law enforcement officer has probable cause to believe that the person has
23violated the terms of the foreign protection order or modification of the order.
AB793-ASA1,8,7
24(2) Penalty. A person who knowingly violates a condition of a foreign
25protection order or modification of a foreign protection order that is entitled to full
1faith and credit under s. 806.247 shall be fined not more than $1,000 or imprisoned
2for not more than 9 months or both. If a foreign protection order and any modification
3of that order that is entitled to full faith and credit under s. 806.247 remains current
4and in effect at the time that a court convicts a person for a violation of that order
5or modification of that order, but that order or modification has not been filed under
6s. 806.247, the court shall direct the clerk of circuit court to file the order and any
7modification of the order.
AB793-ASA1,8,13
8(3) Immunity. A law enforcement officer, law enforcement agency, prosecuting
9attorney or clerk of circuit court is immune from civil and criminal liability for his
10or her acts or omissions arising out of a decision related to the filing of a foreign
11protection order or modification or to the detention or arrest of an alleged violator of
12a foreign protection order or modification if the act or omission is done in a good faith
13effort to comply with this section and s. 806.247.
AB793-ASA1,8,2015
814.61
(1) (d) No fee charged under this subsection in any action commenced
16under s. 813.12 may be collected from a petitioner under s. 813.12. The fee charged
17under this subsection for petitions filed and granted under s. 813.12 shall be collected
18from the respondent under s. 813.12 if he or she is convicted of violating a temporary
19restraining order or injunction issued under s. 813.12 (3) or (4)
or a tribal order or
20injunction filed under s. 813.12 (9).
AB793-ASA1,9,622
814.70
(1) Service of process. For each service or attempted service of a
23summons or any other process for commencement of an action, a writ, an order of
24injunction, a subpoena or any other order, $12 for each defendant or person. If there
25is more than one defendant or person to be served at a given address, $6 for each
1additional defendant or person. No fee charged under this subsection in any action
2commenced under s. 813.12 may be collected from a petitioner under s. 813.12. The
3fee charged under this subsection in any action commenced under s. 813.12 shall be
4collected from the respondent under s. 813.12 if he or she is convicted of violating a
5temporary restraining order or injunction issued under s. 813.12 (3) or (4)
or a tribal
6order or injunction filed under s. 813.12 (9).
AB793-ASA1, s. 17
7Section
17. 814.70 (3) (intro.) of the statutes is amended to read:
AB793-ASA1,9,138
814.70
(3) Travel; civil process. (intro.) For travel in serving any summons,
9writ or other process, except criminal warrants, and except that a fee under this
10subsection in any action commenced under s. 813.12 may not be collected from a
11petitioner but shall be collected from the respondent if he or she is convicted of
12violating a temporary restraining order or injunction issued under s. 813.12 (3) or (4)
13or a tribal order or injunction filed under s. 813.12 (9):