Amendment JR2 SA2-SSA1-AB1

AB1-SSA1-SA2, s. 511k Section 511k. 707.57 (2) of the statutes is amended to read:

AB1-SSA1-SA2,439,20 707.57 (2) Department of agriculture, trade and consumer protection justice authority. (a) The department of agriculture, trade and consumer protection justice, or any district attorney upon informing the department of agriculture, trade and consumer protection justice, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this chapter. Before entry of final judgment, the court may make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action if proof of these acts or practices is submitted to the satisfaction of the court.

AB1-SSA1-SA2,439,23 (b) The department of agriculture, trade and consumer protection justice may conduct hearings, administer oaths, issue subpoenas and take testimony to aid in its investigation of violations of this chapter.

AB1-SSA1-SA2, s. 511p Section 511p. 707.57 (3) of the statutes is amended to read:

AB1-SSA1-SA2,440,5 707.57 (3) Penalty. Any person who violates this chapter shall be required to forfeit not more than $5,000 for each offense. Forfeitures under this subsection shall be enforced by action on behalf of the state by the department of agriculture, trade and consumer protection justice or by the district attorney of the county where the violation occurs.".

AB1-SSA1-SA2,440,6 467. Page 222, line 23: after that line insert:

AB1-SSA1-SA2,440,8 " Section 512n. 757.05 (1) (a) of the statutes, as affected by 2001 Wisconsin Act 16, section 3774, is amended to read:

AB1-SSA1-SA2,440,18 757.05 (1) (a) Whenever a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) (a), (am) 1., (ar), or (bm) or (5) or state laws or municipal or county ordinances involving nonmoving traffic violations, headlamp violations under s. 347.065 (1), or safety belt use violations under s. 347.48 (2m), there shall be imposed in addition a penalty assessment in an amount of 24% of the fine or forfeiture imposed. If multiple offenses are involved, the penalty assessment shall be based upon the total fine or forfeiture for all offenses. When a fine or forfeiture is suspended in whole or in part, the penalty assessment shall be reduced in proportion to the suspension.".

AB1-SSA1-SA2,440,19 468. Page 222, line 23: after that line insert:

AB1-SSA1-SA2,440,20 " Section 512f. 755.01 (4) of the statutes is amended to read:

AB1-SSA1-SA2,441,14 755.01 (4) Two or more cities, towns or villages of this state may enter into an agreement under s. 66.0301 for the joint exercise of the power granted under sub. (1), except that for purposes of this subsection, any agreement under s. 66.0301 shall be effected by the enactment of identical ordinances by each affected city, town or village. Electors of each municipality entering into the agreement shall be eligible to vote for the judge of the municipal court so established. If a municipality enters into an agreement with a municipality that already has a municipal court, the municipalities may provide by ordinance or resolution that the judge for the existing municipal court shall serve as the judge for the joint court until the end of the term or until a special election is held under s. 8.50 (4) (fm). Each municipality shall adopt an ordinance or bylaw under sub. (1) prior to entering into the agreement. The contracting municipalities need not be contiguous and need not all be in the same county. The Upon entering into or discontinuing such an agreement, the contracting municipalities shall notify each transmit a certified copy of the ordinance or bylaw effecting or discontinuing the agreement to the appropriate filing officer under s. 11.02 (3e) when the joint court is created. When a municipal judge is elected under this subsection, candidates shall be nominated by filing nomination papers under s. 8.10 (6) (bm), and shall register with the filing officer specified in s. 11.02 (3e).".

AB1-SSA1-SA2,441,15 469. Page 222, line 23: after that line insert:

AB1-SSA1-SA2,441,17 " Section 512m. 758.19 (7) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-SSA1-SA2,442,5 758.19 (7) The director of state courts shall adopt, revise biennially and submit to the cochairpersons of the joint committee on information policy and technology, the governor and the department of electronic government secretary of administration, no later than September 15 of each even-numbered year, a strategic plan for the utilization of information technology to carry out the functions of the courts and judicial branch agencies, as defined in s. 16.70 (5). The plan shall address the business needs of the courts and judicial branch agencies and shall identify all resources relating to information technology which the courts and judicial branch agencies desire to acquire, contingent upon funding availability, the priority for such acquisitions and the justification for such acquisitions. The plan shall also identify any changes in the functioning of the courts and judicial branch agencies under the plan.".

AB1-SSA1-SA2,442,6 470. Page 223, line 5: after that line insert:

AB1-SSA1-SA2,442,7 " Section 514c. 767.11 (8) (b) 2. of the statutes is amended to read:

AB1-SSA1-SA2,442,9 767.11 (8) (b) 2. 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-SSA1-SA2, s. 514f Section 514f. 767.11 (10) (e) 2. of the statutes is amended to read:

AB1-SSA1-SA2,442,12 767.11 (10) (e) 2. 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-SSA1-SA2, s. 514h Section 514h. 767.24 (1m) (b) of the statutes is amended to read:

AB1-SSA1-SA2,442,20 767.24 (1m) (b) Where the parent lives currently and where the parent intends to live during the next 2 years. If there is evidence that the other parent engaged in interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (a) (am), with respect to the parent providing the parenting plan, the parent providing the parenting plan is not required to disclose the specific address but only a general description of where he or she currently lives and intends to live during the next 2 years.

AB1-SSA1-SA2, s. 514k Section 514k. 767.24 (1m) (c) of the statutes is amended to read:

AB1-SSA1-SA2,443,3 767.24 (1m) (c) Where the parent works and the hours of employment. If there is evidence that the other parent engaged in interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (a) (am), with respect to the parent providing the parenting plan, the parent providing the parenting plan is not required to disclose the specific address but only a general description of where he or she works.

AB1-SSA1-SA2, s. 514m Section 514m. 767.24 (1m) (o) of the statutes is amended to read:

AB1-SSA1-SA2,443,9 767.24 (1m) (o) If there is evidence that either party engaged in interspousal battery, as described under s. 940.19 or 940.20 (1m), or domestic abuse, as defined in s. 813.12 (1) (a) (am), with respect to the other party, how the child will be transferred between the parties for the exercise of physical placement to ensure the safety of the child and the parties.

AB1-SSA1-SA2, s. 514p Section 514p. 767.24 (2) (b) 2. c. of the statutes is amended to read:

AB1-SSA1-SA2,443,18 767.24 (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-SSA1-SA2, s. 514s Section 514s. 767.24 (5) (i) of the statutes is amended to read:

AB1-SSA1-SA2,443,21 767.24 (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-SSA1-SA2,443,22 471. Page 223, line 13: after that line insert:

AB1-SSA1-SA2,443,23 " Section 516m. 779.97 (5) (a) 1. of the statutes is amended to read:

AB1-SSA1-SA2,444,2 779.97 (5) (a) 1. For a lien on real estate , $10 or an amendment to a lien on real estate, a fee equal to the fee under s. 59.43 (2) (ag).".

AB1-SSA1-SA2,444,3 472. Page 223, line 13: after that line insert:

AB1-SSA1-SA2,444,4 " Section 516g. 779.41 (1m) of the statutes is amended to read:

AB1-SSA1-SA2,444,8 779.41 (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-SSA1-SA2, s. 516n Section 516n. 779.93 (title) of the statutes is amended to read:

AB1-SSA1-SA2,444,11 779.93 (title) Duties of the department of agriculture, trade and consumer protection justice.

AB1-SSA1-SA2, s. 516p Section 516p. 779.93 (1) of the statutes is amended to read:

AB1-SSA1-SA2,444,17 779.93 (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-SSA1-SA2, s. 516r Section 516r. 779.93 (2) (intro.) of the statutes is amended to read:

AB1-SSA1-SA2,444,21 779.93 (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-SSA1-SA2,444,22 473. Page 224, line 10: after that line insert:

AB1-SSA1-SA2,444,23 " Section 519m. 806.04 (11m) of the statutes is created to read:

AB1-SSA1-SA2,445,5 806.04 (11m) Campaign finance registration. Any person who proposes to publish, disseminate, or broadcast, or causes to be published, disseminated, or broadcast, any communication may commence a proceeding under this section to determine the application to that person of a registration requirement under s. 11.05 (1), (2), or (2g).".

AB1-SSA1-SA2,445,6 474. Page 224, line 10: after that line insert:

AB1-SSA1-SA2,445,7 " Section 519np. 814.63 (1) (c) of the statutes is amended to read:

AB1-SSA1-SA2,445,10 814.63 (1) (c) This subsection does not apply to an action for a violation of s. 101.123 (2) (a), (am) 1., (ar) or (bm) or (5), a headlamp violation under s. 347.065 (1), or a safety belt use violation under s. 347.48 (2m).

AB1-SSA1-SA2, s. 519nt Section 519nt. 814.63 (2) of the statutes is amended to read:

AB1-SSA1-SA2,445,18 814.63 (2) Upon the disposition of a forfeiture action in circuit court for violation of a county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district ordinance, except an action for a headlamp violation under s. 347.065 (1) or a safety belt use violation under s. 347.48 (2m), the county, town, city, village, town sanitary district or public inland lake protection and rehabilitation district shall pay a nonrefundable fee of $5 to the clerk of circuit court.".

AB1-SSA1-SA2,445,19 475. Page 224, line 10: after that line insert:

AB1-SSA1-SA2,445,22 " 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-SSA1-SA2,446,5 813.12 (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-SSA1-SA2, s. 519mc Section 519mc. 813.12 (1) (a) 4. of the statutes is renumbered 813.12 (1) (am) 6. and amended to read:

AB1-SSA1-SA2,446,9 813.12 (1) (am) 6. A threat to engage in the conduct under subd. 1., 2. or, 3., or 5.

AB1-SSA1-SA2, s. 519md Section 519md. 813.12 (1) (ad) of the statutes is created to read:

AB1-SSA1-SA2,446,12 813.12 (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-SSA1-SA2, s. 519mf Section 519mf. 813.12 (1) (ag) of the statutes is created to read:

AB1-SSA1-SA2,446,20 813.12 (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-SSA1-SA2, s. 519mg Section 519mg. 813.12 (1) (am) 5. of the statutes is created to read:

AB1-SSA1-SA2,446,23 813.12 (1) (am) 5. A violation of s. 943.01, involving property that belongs to the individual.

AB1-SSA1-SA2, s. 519mj Section 519mj. 813.12 (1) (cg) of the statutes is created to read:

AB1-SSA1-SA2,447,2 813.12 (1) (cg) "Reasonable grounds" means more likely than not that a specific event has occurred or will occur.

AB1-SSA1-SA2, s. 519mL Section 519mL. 813.12 (1) (cj) of the statutes is created to read:

AB1-SSA1-SA2,447,5 813.12 (1) (cj) "Regular and direct contact" means face-to-face physical proximity to an individual that is planned, scheduled, expected, or periodic.

AB1-SSA1-SA2, s. 519mm Section 519mm. 813.12 (2) (a) of the statutes is amended to read:

AB1-SSA1-SA2,447,23 813.12 (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-SSA1-SA2, s. 519mn Section 519mn. 813.12 (3) (a) (intro.) of the statutes is amended to read:

AB1-SSA1-SA2,448,9 813.12 (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-SSA1-SA2, s. 519mo Section 519mo. 813.12 (3) (a) 2. of the statutes is amended to read:

AB1-SSA1-SA2,448,13 813.12 (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-SSA1-SA2,448,23 (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-SSA1-SA2, s. 519mp Section 519mp. 813.12 (3) (c) of the statutes is amended to read:

AB1-SSA1-SA2,449,8 813.12 (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-SSA1-SA2, s. 519mq Section 519mq. 813.12 (4) (a) (intro.) of the statutes is amended to read:

AB1-SSA1-SA2,449,18 813.12 (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-SSA1-SA2, s. 519mr Section 519mr. 813.12 (4) (a) 2. of the statutes is amended to read:

AB1-SSA1-SA2,449,23 813.12 (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-SSA1-SA2, s. 519ms Section 519ms. 813.12 (4) (a) 3. of the statutes is amended to read:

AB1-SSA1-SA2,450,4 813.12 (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-SSA1-SA2,450,13 (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-SSA1-SA2, s. 519mt Section 519mt. 813.12 (4) (c) 1. of the statutes is amended to read:

AB1-SSA1-SA2,450,19 813.12 (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-SSA1-SA2, s. 519mu Section 519mu. 813.12 (4) (c) 2. of the statutes is amended to read:

AB1-SSA1-SA2,450,24 813.12 (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-SSA1-SA2, s. 519mv Section 519mv. 813.12 (5) (d) of the statutes is created to read:

AB1-SSA1-SA2,451,4 813.12 (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-SSA1-SA2, s. 519mw Section 519mw. 813.12 (5m) of the statutes is created to read:

AB1-SSA1-SA2,451,8 813.12 (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-SSA1-SA2, s. 519mx Section 519mx. 813.12 (6) (d) of the statutes is created to read: