Amendment JR2 CA1-ASA1-AB1

AB1-ASA1-CA1,325,11 767.24 (2) (b) 2. c. The parties will not be able to cooperate in the future decision making required under an award of joint legal custody. In making this finding the court shall consider, along with any other pertinent items, any reasons offered by a party objecting to joint legal custody. Evidence that either party engaged in abuse, as defined in s. 813.122 (1) (a), of the child, as defined in s. 48.02 (2), or evidence of interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (a) (am), creates a rebuttable presumption that the parties will not be able to cooperate in the future decision making required.

AB1-ASA1-CA1, s. 514s Section 514s. 767.24 (5) (i) of the statutes is amended to read:

AB1-ASA1-CA1,325,14 767.24 (5) (i) Whether there is evidence of interspousal battery as described under s. 940.19 or 940.20 (1m) or domestic abuse as defined in s. 813.12 (1) (a) (am).".

AB1-ASA1-CA1,325,15 430. Page 223, line 13: after that line insert:

AB1-ASA1-CA1,325,16 " Section 516g. 779.41 (1m) of the statutes is amended to read:

AB1-ASA1-CA1,325,20 779.41 (1m) Annually, on January 1, the department of agriculture, trade and consumer protection justice shall adjust the dollar amounts identified under sub. (1) (intro.), (a), (b) and (c) 1. to 4. by the annual change in the consumer price index, as determined under s. 16.004 (8) (e) 1., and publish the adjusted figures.

AB1-ASA1-CA1, s. 516n Section 516n. 779.93 (title) of the statutes is amended to read:

AB1-ASA1-CA1,325,23 779.93 (title) Duties of the department of agriculture, trade and consumer protection justice.

AB1-ASA1-CA1, s. 516p Section 516p. 779.93 (1) of the statutes is amended to read:

AB1-ASA1-CA1,326,5 779.93 (1) The department of agriculture, trade and consumer protection justice shall investigate violations of this subchapter and attempts to circumvent this subchapter. The department of agriculture, trade and consumer protection justice may subpoena persons and records to facilitate its investigations, and may enforce compliance with such subpoenas as provided in s. 885.12.

AB1-ASA1-CA1, s. 516r Section 516r. 779.93 (2) (intro.) of the statutes is amended to read:

AB1-ASA1-CA1,326,9 779.93 (2) (intro.) The department of agriculture, trade and consumer protection justice may in on behalf of the state or in on behalf of any person who holds a prepaid maintenance lien:".

AB1-ASA1-CA1,326,10 431. Page 224, line 10: after that line insert:

AB1-ASA1-CA1,326,13 " Section 519mb. 813.12 (1) (a) (intro.), 1., 2. and 3. of the statutes are renumbered 813.12 (1) (am) (intro.), 1., 2. and 3., and 813.12 (1) (am) (intro.), as renumbered, is amended to read:

AB1-ASA1-CA1,326,20 813.12 (1) (am) (intro.) "Domestic abuse" means any of the following engaged in by an adult family member or adult household member against another adult family member or adult household member, by an adult caregiver against an adult who is under the caregiver's care, by an adult against his or her adult former spouse, by an adult against an adult with whom the individual has or had a dating relationship, or by an adult against an adult with whom the person has a child in common:

AB1-ASA1-CA1, s. 519mc Section 519mc. 813.12 (1) (a) 4. of the statutes is renumbered 813.12 (1) (am) 6. and amended to read:

AB1-ASA1-CA1,326,24 813.12 (1) (am) 6. A threat to engage in the conduct under subd. 1., 2. or, 3., or 5.

AB1-ASA1-CA1, s. 519md Section 519md. 813.12 (1) (ad) of the statutes is created to read:

AB1-ASA1-CA1,327,3 813.12 (1) (ad) "Caregiver" means an individual who is a provider of in-home or community care to an individual through regular and direct contact.

AB1-ASA1-CA1, s. 519mf Section 519mf. 813.12 (1) (ag) of the statutes is created to read:

AB1-ASA1-CA1,327,11 813.12 (1) (ag) "Dating relationship" means a romantic or intimate social relationship between 2 adult individuals but "dating relationship" does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context. A court shall determine if a dating relationship existed by considering the length of the relationship, the type of the relationship, and the frequency of the interaction between the adult individuals involved in the relationship.

AB1-ASA1-CA1, s. 519mg Section 519mg. 813.12 (1) (am) 5. of the statutes is created to read:

AB1-ASA1-CA1,327,14 813.12 (1) (am) 5. A violation of s. 943.01, involving property that belongs to the individual.

AB1-ASA1-CA1, s. 519mj Section 519mj. 813.12 (1) (cg) of the statutes is created to read:

AB1-ASA1-CA1,327,17 813.12 (1) (cg) "Reasonable grounds" means more likely than not that a specific event has occurred or will occur.

AB1-ASA1-CA1, s. 519mL Section 519mL. 813.12 (1) (cj) of the statutes is created to read:

AB1-ASA1-CA1,327,20 813.12 (1) (cj) "Regular and direct contact" means face-to-face physical proximity to an individual that is planned, scheduled, expected, or periodic.

AB1-ASA1-CA1, s. 519mm Section 519mm. 813.12 (2) (a) of the statutes is amended to read:

AB1-ASA1-CA1,328,13 813.12 (2) (a) No action under this section may be commenced by complaint and summons. An action under this section may be commenced only by a petition described under sub. (5) (a). The action commences with service of the petition upon the respondent if a copy of the petition is filed before service or promptly after service. If the judge or family court commissioner extends the time for a hearing under sub. (3) (c) and the petitioner files an affidavit with the court stating that personal service by the sheriff or a private server under s. 801.11 (1) (a) or (b) was unsuccessful because the respondent is avoiding service by concealment or otherwise, the judge or family court commissioner shall inform the petitioner that he or she may serve the respondent by publication of a summary of the petition as a class 1 notice, under ch. 985, and by mailing or sending a facsimile if the respondent's post-office address or facsimile number is known or can with due diligence be ascertained. The mailing or sending of a facsimile may be omitted if the post-office address or facsimile number cannot be ascertained with due diligence. A summary of the petition published as a class 1 notice shall include the name of the respondent and of the petitioner, notice of the temporary restraining order, and notice of the date, time, and place of the hearing regarding the injunction.

AB1-ASA1-CA1, s. 519mn Section 519mn. 813.12 (3) (a) (intro.) of the statutes is amended to read:

AB1-ASA1-CA1,328,23 813.12 (3) (a) (intro.) A judge or family court commissioner shall issue a temporary restraining order ordering the respondent to refrain from committing acts of domestic abuse against the petitioner, to avoid the petitioner's residence, except as provided in par. (am), or any premises other location temporarily occupied by the petitioner or both, or to avoid contacting or causing any person other than a party's attorney or a law enforcement officer to contact the petitioner unless the petitioner consents in writing, or any combination of these remedies requested in the petition, or any other appropriate remedy not inconsistent with the remedies requested in the petition, if all of the following occur:

AB1-ASA1-CA1, s. 519mo Section 519mo. 813.12 (3) (a) 2. of the statutes is amended to read:

AB1-ASA1-CA1,329,3 813.12 (3) (a) 2. The judge or family court commissioner finds reasonable grounds to believe that the respondent has engaged in, or based on prior conduct of the petitioner and the respondent may engage in, domestic abuse of the petitioner.

AB1-ASA1-CA1,329,13 (aj) In determining whether to issue a temporary restraining order, the judge or family court commissioner shall consider the potential danger posed to the petitioner and the pattern of abusive conduct of the respondent but may not base his or her decision solely on the length of time since the last domestic abuse or the length of time since the relationship ended. The judge or family court commissioner may grant only the remedies requested or approved by the petitioner. The judge or family court commissioner may not dismiss or deny granting a temporary restraining order because of the existence of a pending action or of any other court order that bars contact between the parties, nor due to the necessity of verifying the terms of an existing court order.

AB1-ASA1-CA1, s. 519mp Section 519mp. 813.12 (3) (c) of the statutes is amended to read:

AB1-ASA1-CA1,329,22 813.12 (3) (c) The temporary restraining order is in effect until a hearing is held on issuance of an injunction under sub. (4). The temporary restraining order is not voided if the respondent is admitted into a dwelling that the order directs him or her to avoid. A judge or family court commissioner shall hold a hearing on issuance of an injunction within 7 14 days after the temporary restraining order is issued, unless the time is extended upon the written consent of the parties or extended once for 14 days upon a finding that the respondent has not been served with a copy of the temporary restraining order although the petitioner has exercised due diligence.

AB1-ASA1-CA1, s. 519mq Section 519mq. 813.12 (4) (a) (intro.) of the statutes is amended to read:

AB1-ASA1-CA1,330,7 813.12 (4) (a) (intro.) A judge or family court commissioner may grant an injunction ordering the respondent to refrain from committing acts of domestic abuse against the petitioner, to avoid the petitioner's residence, except as provided in par. (am), or any premises other location temporarily occupied by the petitioner or both, or to avoid contacting or causing any person other than a party's attorney or a law enforcement officer to contact the petitioner unless the petitioner consents to that contact in writing, or any combination of these remedies requested in the petition, or any other appropriate remedy not inconsistent with the remedies requested in the petition, if all of the following occur:

AB1-ASA1-CA1, s. 519mr Section 519mr. 813.12 (4) (a) 2. of the statutes is amended to read:

AB1-ASA1-CA1,330,12 813.12 (4) (a) 2. The petitioner serves upon the respondent a copy or summary of the petition and notice of the time for hearing on the issuance of the injunction, or the respondent serves upon the petitioner notice of the time for hearing on the issuance of the injunction.

AB1-ASA1-CA1, s. 519ms Section 519ms. 813.12 (4) (a) 3. of the statutes is amended to read:

AB1-ASA1-CA1,330,17 813.12 (4) (a) 3. After hearing, the judge or family court commissioner finds reasonable grounds to believe that the respondent has engaged in, or based upon prior conduct of the petitioner and the respondent may engage in, domestic abuse of the petitioner.

AB1-ASA1-CA1,331,2 (aj) In determining whether to issue an injunction, the judge or family court commissioner shall consider the potential danger posed to the petitioner and the pattern of abusive conduct of the respondent but may not base his or her decision solely on the length of time since the last domestic abuse or the length of time since the relationship ended. The judge or family court commissioner may grant only the remedies requested by the petitioner. The judge or family court commissioner may not dismiss or deny granting an injunction because of the existence of a pending action or of any other court order that bars contact between the parties, nor due to the necessity of verifying the terms of an existing court order.

AB1-ASA1-CA1, s. 519mt Section 519mt. 813.12 (4) (c) 1. of the statutes is amended to read:

AB1-ASA1-CA1,331,8 813.12 (4) (c) 1. An injunction under this subsection is effective according to its terms, for the period of time that the petitioner requests, but not more than 2 4 years. An injunction granted under this subsection is not voided if the petitioner allows or initiates contact with the respondent or by the admittance of the respondent into a dwelling that the injunction directs him or her to avoid.

AB1-ASA1-CA1, s. 519mu Section 519mu. 813.12 (4) (c) 2. of the statutes is amended to read:

AB1-ASA1-CA1,331,13 813.12 (4) (c) 2. When an injunction granted for less than 2 4 years expires, the court shall extend the injunction if the petitioner states that an extension is necessary to protect him or her. This extension shall remain in effect until 2 4 years after the date the court first entered the injunction.

AB1-ASA1-CA1, s. 519mv Section 519mv. 813.12 (5) (d) of the statutes is created to read:

AB1-ASA1-CA1,331,18 813.12 (5) (d) A petition may be prepared and filed by the person who alleges that he or she has been the subject of domestic abuse or by the guardian, as defined in s. 880.01 (3), of an incompetent individual, as defined in s. 880.01 (4), who has been the subject of domestic abuse.

AB1-ASA1-CA1, s. 519mw Section 519mw. 813.12 (5m) of the statutes is created to read:

AB1-ASA1-CA1,331,22 813.12 (5m) Confidentiality of victim's address. The petition under sub. (5) and the court order under sub. (3) or (4) shall not disclose the address of the alleged victim.

AB1-ASA1-CA1, s. 519mx Section 519mx. 813.12 (6) (d) of the statutes is created to read:

AB1-ASA1-CA1,332,3 813.12 (6) (d) The issuance of an order under s. 813.12 (3) or (4) is enforceable despite the existence of any other criminal or civil order restricting or prohibiting contact.

AB1-ASA1-CA1, s. 519my Section 519my. 813.12 (7) (c) of the statutes is created to read:

AB1-ASA1-CA1,332,10 813.12 (7) (c) A respondent who does not appear at a hearing at which the court orders an injunction under s. 813.12 (4) but who has been served with a copy of the petition and notice of the time for hearing under s. 813.12 (3) has constructive knowledge of the existence of the injunction and shall be arrested for violation of the injunction regardless of whether he or she has been served with a copy of the injunction.

AB1-ASA1-CA1, s. 519mz Section 519mz. 814.61 (1) (e) of the statutes is amended to read:

AB1-ASA1-CA1,332,20 814.61 (1) (e) No fee charged under this subsection in any action commenced under s. 813.122, 813.123, or 813.125 may be collected from a petitioner under s. 813.122, 813.123, or 813.125 if the petition alleges conduct that is the same as or similar to conduct that is prohibited by s. 940.32 or that is listed in s. 813.12 (1) (a) (am) 1. to 4. 6. If no fee is collected under this paragraph, the fee charged under this subsection for petitions filed and granted under s. 813.122, 813.123 , or 813.125 shall be collected from the respondent under s. 813.122, 813.123, or 813.125 if he or she is convicted of violating a temporary restraining order or injunction issued under s. 813.122 (4) or (5), 813.123 (4) or (5), or 813.125 (3) or (4).".

AB1-ASA1-CA1,332,21 432. Page 225, line 3: after that line insert:

AB1-ASA1-CA1,332,22 " Section 523c. 814.70 (1) of the statutes is amended to read:

AB1-ASA1-CA1,333,17 814.70 (1) Service of process. For each service or attempted service of a summons or any other process for commencement of an action, a writ, an order of injunction, a subpoena, or any other order, $12 for each defendant or person. If there is more than one defendant or person to be served at a given address, $6 for each additional defendant or person. No fee charged under this subsection in any action commenced under s. 813.12, 813.122, or 813.123 may be collected from a petitioner under s. 813.12, 813.122, or 813.123. The fee charged under this subsection in any action commenced under s. 813.12, 813.122, 813.123, or 813.125 shall be collected from the respondent under s. 813.12, 813.122, or 813.123 if he or she is convicted of violating a temporary restraining order or injunction issued under s. 813.12 (3) or (4), 813.122 (4) or (5), 813.123 (4) or (5), or 813.125 (3) or (4). No fee charged under this subsection in any action commenced under s. 813.125 may be collected from a petitioner under s. 813.125 if the petition alleges conduct that is the same as or similar to conduct that is prohibited by s. 940.32 or that is listed in s. 813.12 (1) (a) (am) 1. to 4. 6. If no fee is collected under this subsection from a petitioner under s. 813.125, the fee charged under this subsection in any action commenced under s. 813.125 shall be collected from the respondent under s. 813.125 if he or she is convicted of violating a temporary restraining order or injunction issued under s. 813.125 (3) or (4).

AB1-ASA1-CA1, s. 523f Section 523f. 814.70 (3) (intro.) of the statutes is amended to read:

AB1-ASA1-CA1,334,4 814.70 (3) (intro.) For travel in serving any summons, writ or other process, except criminal warrants, and except that a fee under this subsection in any action commenced under s. 813.12, 813.122, or 813.123 may not be collected from a petitioner but shall be collected from the respondent if he or she is convicted of violating a temporary restraining order or injunction issued under s. 813.12 (3) or (4), 813.122 (4) or (5), 813.123 (4) or (5), or 813.125 (3) or (4), and except that a fee under this subsection in any action commenced under s. 813.125 may not be collected from a petitioner if the petition alleges conduct that is the same as or similar to conduct that is prohibited by s. 940.32 or that is listed in s. 813.12 (1) (a) (am) 1. to 4. 6. but shall be collected from the respondent if he or she is convicted of violating a temporary restraining order or injunction issued under s. 813.125 (3) or (4):

AB1-ASA1-CA1, s. 523h Section 523h. 895.73 (1) (a) of the statutes is amended to read:

AB1-ASA1-CA1,334,10 895.73 (1) (a) "Abusive conduct" means domestic abuse, as defined under s. 46.95 (1) (a), 813.12 (1) (a) (am), or 968.075 (1) (a), harassment, as defined under s. 813.125 (1), sexual exploitation by a therapist under s. 940.22, sexual assault under s. 940.225, child abuse, as defined under s. 813.122 (1) (a), or child abuse under ss. 948.02 to 948.11.

AB1-ASA1-CA1, s. 523m Section 523m. 905.045 of the statutes is created to read:

AB1-ASA1-CA1,334,13 905.045 Domestic violence or sexual assault advocate-victim privilege. (1) Definitions. In this section:

AB1-ASA1-CA1,334,17 (a) "Abusive conduct" means abuse, as defined in s. 813.122 (1) (a), of a child, as defined in s. 48.02 (2), interspousal battery, as described under s. 940.19 or 940.20 (1m), domestic abuse, as defined in s. 813.12 (1) (am), or sexual assault under s. 940.225.

AB1-ASA1-CA1,334,20 (b) "Advocate" means an individual who is an employee of or a volunteer for an organization the purpose of which is to provide counseling, assistance, or support services free of charge to a victim.

AB1-ASA1-CA1,335,3 (c) A communication or information is "confidential" if not intended to be disclosed to 3rd persons other than persons present to further the interest of the person receiving counseling, assistance, or support services, persons reasonably necessary for the transmission of the communication or information, and persons who are participating in providing counseling, assistance, or support services under the direction of an advocate, including family members of the person receiving counseling, assistance, or support services and members of any group of individuals with whom the person receives counseling, assistance, or support services.

AB1-ASA1-CA1,335,6 (d) "Victim" means an individual who has been the subject of abusive conduct or who alleges that he or she has been the subject of abusive conduct. It is immaterial that the abusive conduct has not been reported to any government agency.

AB1-ASA1-CA1,335,14 (2) General rule of privilege. A victim has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made or information obtained or disseminated among the victim, an advocate who is acting in the scope of his or her duties as an advocate, and persons who are participating in providing counseling, assistance, or support services under the direction of an advocate, if the communication was made or the information was obtained or disseminated for the purpose of providing counseling, assistance, or support services to the victim.

AB1-ASA1-CA1,335,19 (3) Who may claim the privilege. The privilege may be claimed by the victim, by the victim's guardian or conservator, or by the victim's personal representative if the victim is deceased. The advocate may claim the privilege on behalf of the victim. The advocate's authority to do so is presumed in the absence of evidence to the contrary.

AB1-ASA1-CA1,335,21 (4) Exceptions. Subsection (2) does not apply to any report concerning child abuse that an advocate is required to make under s. 48.981.

AB1-ASA1-CA1,335,25 (5) Relationship to s. 905.04. If a communication or information that is privileged under sub. (2) is also a communication or information that is privileged under s. 905.04 (2), the provisions of s. 905.04 supersede this section with respect to that communication or information.".

AB1-ASA1-CA1,336,1 433. Page 225, line 3: after that line insert:

AB1-ASA1-CA1,336,2 " Section 523p. 908.03 (6m) (d) of the statutes is amended to read:

AB1-ASA1-CA1,336,9 908.03 (6m) (d) Fees. The Before January 1, 2003, the department of health and family services shall, by rule, prescribe uniform fees that are based on an approximation of the actual costs. The fees, plus applicable tax, are the maximum amount that a health care provider may charge under par. (c) 3. for certified duplicate patient health care records. The rule shall also allow the health care provider to charge for actual postage or other actual delivery costs. The commencement of an action is not a prerequisite for the application of this paragraph.

AB1-ASA1-CA1, s. 523q Section 523q. 908.03 (6m) (d) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

AB1-ASA1-CA1,336,21 908.03 (6m) (d) Fees. Before January 1, 2003 After December 31, 2002, the department of health and family services shall, by rule, prescribe uniform fees that are based on an approximation of actual costs. The fees, plus applicable tax, are the maximum amount that a health care provider may charge for certified duplicate patient health care records. The rule shall also allow the health care provider to charge for actual postage or other actual delivery costs. The commencement of an action is not a prerequisite for the application of this paragraph For duplicate patient health care records and duplicate X-ray reports or the referral of X-rays to another health care provider that are requested before commencement of an action, s. 146.83 (1) (b) and (c) and (3m) applies.".

AB1-ASA1-CA1,336,23 434. Page 225, line 13: after "302.113 (9g)," insert " adjustment of a bifurcated sentence under s. 973.195 (1r),".

AB1-ASA1-CA1,336,24 435. Page 225, line 22: after that line insert:

AB1-ASA1-CA1,337,1 " Section 529j. 938.295 (2) (a) of the statutes is amended to read:

AB1-ASA1-CA1,337,13 938.295 (2) (a) If there is probable cause to believe that the juvenile has committed the alleged offense and if there is reason to doubt the juvenile's competency to proceed, or upon entry of a plea under s. 938.30 (4) (c) the court shall order the juvenile to be examined by a psychiatrist or licensed psychologist. The expenses of an cost of the examination, if approved by the court, shall be paid by the county of the court ordering the examination, and the county may recover that cost from the juvenile's parent or guardian as provided in par. (c). Evaluation shall be made on an outpatient basis unless the juvenile presents a substantial risk of physical harm to the juvenile or others; or the juvenile, parent, or guardian, and legal counsel or guardian ad litem, consent to an inpatient evaluation. Any inpatient evaluation shall be for a specified period that is no longer than is necessary to complete the evaluation.

AB1-ASA1-CA1, s. 529k Section 529k. 938.295 (2) (c) of the statutes is created to read:

AB1-ASA1-CA1,337,22 938.295 (2) (c) A county that pays the cost of an examination under par. (a) may recover a reasonable contribution toward that cost from the juvenile's parent or guardian, based on the ability of the parent or guardian to pay. If the examination is provided or otherwise funded by the county department under s. 46.215, 46.22, or 46.23, the county department shall collect the contribution of the parent or guardian as provided in s. 301.03 (18). If the examination is provided or otherwise funded by the county department under s. 51.42 or 51.437, the county department shall collect the contribution of the parent or guardian as provided in s. 46.03 (18).".

AB1-ASA1-CA1,337,23 436. Page 225, line 22: after that line insert:

AB1-ASA1-CA1,338,2 " Section 529b. 938.21 (1) (a) of the statutes, as affected by Wisconsin Act 61, is amended to read:

AB1-ASA1-CA1,338,15 938.21 (1) (a) If a juvenile who has been taken into custody is not released under s. 938.20, a hearing to determine whether the juvenile shall continue to be held in custody under the criteria of ss. 938.205 to 938.209 (1) shall be conducted by the judge or circuit court commissioner within 24 hours after the end of the day that the decision to hold the juvenile was made, excluding Saturdays, Sundays , and legal holidays. By the time of the hearing a petition under s. 938.25 shall be filed, except that no petition need be filed where a juvenile is taken into custody under s. 938.19 (1) (b) or (d) 2., 6., or 7. or where the juvenile is a runaway from another state, in which case a written statement of the reasons for holding a juvenile in custody shall be substituted if the petition is not filed. If no hearing has been held within 24 hours or if no petition or statement has been filed at the time of the hearing, the juvenile shall be released except as provided in par. (b). A parent not present at the hearing shall be granted a rehearing upon request for good cause shown.

AB1-ASA1-CA1, s. 529c Section 529c. 938.21 (2) (am) of the statutes is amended to read: