AB1-SSA1-SA2,447,237
813.12
(2) (a) No action under this section may be commenced by complaint and
8summons. An action under this section may be commenced only by a petition
9described under sub. (5) (a). The action commences with service of the petition upon
10the respondent if a copy of the petition is filed before service or promptly after service.
11If the judge or family court commissioner extends the time for a hearing under sub.
12(3) (c) and the petitioner files an affidavit with the court stating that personal service
13by the sheriff or a private server under s. 801.11 (1) (a) or (b) was unsuccessful
14because the respondent is avoiding service by concealment or otherwise, the
judge
15or family court commissioner shall inform the petitioner
that he or she may serve the
16respondent by publication of
a summary of the petition as a class 1 notice, under ch.
17985, and by mailing
or sending a facsimile if the respondent's post-office address
or
18facsimile number is known or can with due diligence be ascertained. The mailing
or
19sending of a facsimile may be omitted if the post-office address
or facsimile number 20cannot be ascertained with due diligence.
A summary of the petition published as
21a class 1 notice shall include the name of the respondent and of the petitioner, notice
22of the temporary restraining order, and notice of the date, time, and place of the
23hearing regarding the injunction.
AB1-SSA1-SA2,448,9
1813.12
(3) (a) (intro.) A judge or family court commissioner shall issue a
2temporary restraining order ordering the respondent to refrain from committing acts
3of domestic abuse against the petitioner, to avoid the petitioner's residence, except
4as provided in par. (am), or any
premises other location temporarily occupied by the
5petitioner or both, or to avoid contacting or causing any person other than a party's
6attorney
or a law enforcement officer to contact the petitioner unless the petitioner
7consents in writing, or any combination of these remedies requested in the petition,
8or any other appropriate remedy not inconsistent with the remedies requested in the
9petition, if all of the following occur:
AB1-SSA1-SA2,448,1311
813.12
(3) (a) 2. The judge or family court commissioner finds reasonable
12grounds to believe that the respondent has engaged in, or based on prior conduct of
13the petitioner and the respondent may engage in, domestic abuse of the petitioner.
AB1-SSA1-SA2,448,23
14(aj) In determining whether to issue a temporary restraining order, the judge
15or family court commissioner shall consider the potential danger posed to the
16petitioner and the pattern of abusive conduct of the respondent but may not base his
17or her decision solely on the length of time since the last domestic abuse or the length
18of time since the relationship ended. The judge or family court commissioner may
19grant only the remedies requested or approved by the petitioner.
The judge or family
20court commissioner may not dismiss or deny granting a temporary restraining order
21because of the existence of a pending action or of any other court order that bars
22contact between the parties, nor due to the necessity of verifying the terms of an
23existing court order.
AB1-SSA1-SA2,449,8
1813.12
(3) (c) The temporary restraining order is in effect until a hearing is held
2on issuance of an injunction under sub. (4). The temporary restraining order is not
3voided if the respondent is admitted into a dwelling that the order directs him or her
4to avoid. A judge or family court commissioner shall hold a hearing on issuance of
5an injunction within
7 14 days after the temporary restraining order is issued, unless
6the time is extended upon the written consent of the parties or extended once for 14
7days upon a finding that the respondent has not been served with a copy of the
8temporary restraining order although the petitioner has exercised due diligence.
AB1-SSA1-SA2,449,1810
813.12
(4) (a) (intro.) A judge or family court commissioner may grant an
11injunction ordering the respondent to refrain from committing acts of domestic abuse
12against the petitioner, to avoid the petitioner's residence, except as provided in par.
13(am), or any
premises other location temporarily occupied by the petitioner or both,
14or to avoid contacting or causing any person other than a party's attorney
or a law
15enforcement officer to contact the petitioner unless the petitioner consents to that
16contact in writing, or any combination of these remedies requested in the petition,
17or any other appropriate remedy not inconsistent with the remedies requested in the
18petition, if all of the following occur:
AB1-SSA1-SA2,449,2320
813.12
(4) (a) 2. The petitioner serves upon the respondent a copy
or summary 21of the petition and notice of the time for hearing on the issuance of the injunction,
22or the respondent serves upon the petitioner notice of the time for hearing on the
23issuance of the injunction.
AB1-SSA1-SA2,450,4
1813.12
(4) (a) 3. After hearing, the judge or family court commissioner finds
2reasonable grounds to believe that the respondent has engaged in, or based upon
3prior conduct of the petitioner and the respondent may engage in, domestic abuse of
4the petitioner.
AB1-SSA1-SA2,450,13
5(aj) In determining whether to issue an injunction, the judge or family court
6commissioner shall consider the potential danger posed to the petitioner and the
7pattern of abusive conduct of the respondent but may not base his or her decision
8solely on the length of time since the last domestic abuse or the length of time since
9the relationship ended. The judge or family court commissioner may grant only the
10remedies requested by the petitioner.
The judge or family court commissioner may
11not dismiss or deny granting an injunction because of the existence of a pending
12action or of any other court order that bars contact between the parties, nor due to
13the necessity of verifying the terms of an existing court order.
AB1-SSA1-SA2,450,1915
813.12
(4) (c) 1. An injunction under this subsection is effective according to its
16terms, for the period of time that the petitioner requests, but not more than
2 4 years.
17An injunction granted under this subsection is not voided
if the petitioner allows or
18initiates contact with the respondent or by the admittance of the respondent into a
19dwelling that the injunction directs him or her to avoid.
AB1-SSA1-SA2,450,2421
813.12
(4) (c) 2. When an injunction granted for less than
2 4 years expires, the
22court shall extend the injunction if the petitioner states that an extension is
23necessary to protect him or her. This extension shall remain in effect until
2 4 years
24after the date the court first entered the injunction.
AB1-SSA1-SA2,451,4
1813.12
(5) (d) A petition may be prepared and filed by the person who alleges
2that he or she has been the subject of domestic abuse or by the guardian, as defined
3in s. 880.01 (3), of an incompetent individual, as defined in s. 880.01 (4), who has been
4the subject of domestic abuse.
AB1-SSA1-SA2,451,86
813.12
(5m) Confidentiality of victim's address. The petition under sub. (5)
7and the court order under sub. (3) or (4) shall not disclose the address of the alleged
8victim.
AB1-SSA1-SA2,451,1210
813.12
(6) (d) The issuance of an order under s. 813.12 (3) or (4) is enforceable
11despite the existence of any other criminal or civil order restricting or prohibiting
12contact.
AB1-SSA1-SA2,451,1914
813.12
(7) (c) A respondent who does not appear at a hearing at which the court
15orders an injunction under s. 813.12 (4) but who has been served with a copy of the
16petition and notice of the time for hearing under s. 813.12 (3) has constructive
17knowledge of the existence of the injunction and shall be arrested for violation of the
18injunction regardless of whether he or she has been served with a copy of the
19injunction.
AB1-SSA1-SA2,452,421
814.61
(1) (e) No fee charged under this subsection in any action commenced
22under s. 813.122, 813.123
, or 813.125 may be collected from a petitioner under s.
23813.122, 813.123
, or 813.125 if the petition alleges conduct that is the same as or
24similar to conduct that is prohibited by s. 940.32 or that is listed in s. 813.12 (1)
(a) 25(am) 1. to
4. 6. If no fee is collected under this paragraph, the fee charged under this
1subsection for petitions filed and granted under s. 813.122, 813.123
, or 813.125 shall
2be collected from the respondent under s. 813.122, 813.123
, or 813.125 if he or she
3is convicted of violating a temporary restraining order or injunction issued under s.
4813.122 (4) or (5), 813.123 (4) or (5)
, or 813.125 (3) or (4).".
AB1-SSA1-SA2,452,117
814.634
(1) (a) Except for an action for
a headlamp violation under s. 347.065
8(1) or a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall
9charge and collect a $40 court support services fee from any person, including any
10governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a),
11(3)
, or (8) (am) or 814.63 (1).
AB1-SSA1-SA2, s. 520bd
12Section 520bd. 814.634 (1) (a) of the statutes, as affected by 2001 Wisconsin
13Act .... (this act), is amended to read:
AB1-SSA1-SA2,452,1814
814.634
(1) (a) Except for an action for a headlamp violation under s. 347.065
15(1) or a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall
16charge and collect a
$40 $52 court support services fee from any person, including
17any governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.61 (1)
18(a), (3)
, or (8) (am)
, or 814.63 (1).".
AB1-SSA1-SA2,453,221
814.635
(1) Except for an action for
a headlamp violation under s. 347.065 (1)
22or a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall
23charge and collect a $9 justice information system fee from any person, including any
24governmental unit as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a),
1(3) or (8) (am), 814.62 (1), (2) or (3) (a) or (b) or 814.63 (1). The justice information
2system fee is in addition to the other fees listed in this section.
AB1-SSA1-SA2,453,114
814.65
(1) Court costs. In a municipal court action, except an action for
5violation of an ordinance in conformity with s.
347.065 (1) or 347.48 (2m), the
6municipal judge shall collect a fee of not less than $15 nor more than $23 on each
7separate matter, whether it is on default of appearance, a plea of guilty or no contest,
8on issuance of a warrant or summons or the action is tried as a contested matter. Of
9each fee received by the judge under this subsection, the municipal treasurer shall
10pay monthly $5 to the state treasurer for deposit in the general fund and shall retain
11the balance for the use of the municipality.".
AB1-SSA1-SA2,454,814
814.70
(1) Service of process. For each service or attempted service of a
15summons or any other process for commencement of an action, a writ, an order of
16injunction, a subpoena
, or any other order, $12 for each defendant or person. If there
17is more than one defendant or person to be served at a given address, $6 for each
18additional defendant or person. No fee charged under this subsection in any action
19commenced under s. 813.12, 813.122
, or 813.123 may be collected from a petitioner
20under s. 813.12, 813.122
, or 813.123. The fee charged under this subsection in any
21action commenced under s. 813.12, 813.122, 813.123
, or 813.125 shall be collected
22from the respondent under s. 813.12, 813.122
, or 813.123 if he or she is convicted of
23violating a temporary restraining order or injunction issued under s. 813.12 (3) or (4),
24813.122 (4) or (5), 813.123 (4) or (5)
, or 813.125 (3) or (4). No fee charged under this
1subsection in any action commenced under s. 813.125 may be collected from a
2petitioner under s. 813.125 if the petition alleges conduct that is the same as or
3similar to conduct that is prohibited by s. 940.32 or that is listed in s. 813.12 (1)
(a) 4(am) 1. to
4. 6. If no fee is collected under this subsection from a petitioner under
5s. 813.125, the fee charged under this subsection in any action commenced under s.
6813.125 shall be collected from the respondent under s. 813.125 if he or she is
7convicted of violating a temporary restraining order or injunction issued under s.
8813.125 (3) or (4).
AB1-SSA1-SA2,454,2010
814.70
(3) (intro.) For travel in serving any summons, writ or other process,
11except criminal warrants, and except that a fee under this subsection in any action
12commenced under s. 813.12, 813.122
, or 813.123 may not be collected from a
13petitioner but shall be collected from the respondent if he or she is convicted of
14violating a temporary restraining order or injunction issued under s. 813.12 (3) or (4),
15813.122 (4) or (5), 813.123 (4) or (5)
, or 813.125 (3) or (4), and except that a fee under
16this subsection in any action commenced under s. 813.125 may not be collected from
17a petitioner if the petition alleges conduct that is the same as or similar to conduct
18that is prohibited by s. 940.32 or that is listed in s. 813.12 (1)
(a) (am) 1. to
4. 6. but
19shall be collected from the respondent if he or she is convicted of violating a
20temporary restraining order or injunction issued under s. 813.125 (3) or (4):
AB1-SSA1-SA2,455,222
895.73
(1) (a) "Abusive conduct" means domestic abuse, as defined under s.
2346.95 (1) (a), 813.12 (1)
(a) (am), or 968.075 (1) (a), harassment, as defined under s.
24813.125 (1), sexual exploitation by a therapist under s. 940.22, sexual assault under
1s. 940.225, child abuse, as defined under s. 813.122 (1) (a)
, or child abuse under ss.
2948.02 to 948.11.
AB1-SSA1-SA2,455,5
4905.045 Domestic violence or sexual assault advocate-victim
5privilege. (1) Definitions. In this section:
AB1-SSA1-SA2,455,96
(a) "Abusive conduct" means abuse, as defined in s. 813.122 (1) (a), of a child,
7as defined in s. 48.02 (2), interspousal battery, as described under s. 940.19 or 940.20
8(1m), domestic abuse, as defined in s. 813.12 (1) (am), or sexual assault under s.
9940.225.
AB1-SSA1-SA2,455,1210
(b) "Advocate" means an individual who is an employee of or a volunteer for an
11organization the purpose of which is to provide counseling, assistance, or support
12services free of charge to a victim.
AB1-SSA1-SA2,455,2013
(c) A communication or information is "confidential" if not intended to be
14disclosed to 3rd persons other than persons present to further the interest of the
15person receiving counseling, assistance, or support services, persons reasonably
16necessary for the transmission of the communication or information, and persons
17who are participating in providing counseling, assistance, or support services under
18the direction of an advocate, including family members of the person receiving
19counseling, assistance, or support services and members of any group of individuals
20with whom the person receives counseling, assistance, or support services.
AB1-SSA1-SA2,455,2321
(d) "Victim" means an individual who has been the subject of abusive conduct
22or who alleges that he or she has been the subject of abusive conduct. It is immaterial
23that the abusive conduct has not been reported to any government agency.
AB1-SSA1-SA2,456,6
24(2) General rule of privilege. A victim has a privilege to refuse to disclose and
25to prevent any other person from disclosing confidential communications made or
1information obtained or disseminated among the victim, an advocate who is acting
2in the scope of his or her duties as an advocate, and persons who are participating
3in providing counseling, assistance, or support services under the direction of an
4advocate, if the communication was made or the information was obtained or
5disseminated for the purpose of providing counseling, assistance, or support services
6to the victim.
AB1-SSA1-SA2,456,11
7(3) Who may claim the privilege. The privilege may be claimed by the victim,
8by the victim's guardian or conservator, or by the victim's personal representative if
9the victim is deceased. The advocate may claim the privilege on behalf of the victim.
10The advocate's authority to do so is presumed in the absence of evidence to the
11contrary.
AB1-SSA1-SA2,456,13
12(4) Exceptions. Subsection (2) does not apply to any report concerning child
13abuse that an advocate is required to make under s. 48.981.
AB1-SSA1-SA2,456,17
14(5) Relationship to s. 905.04. If a communication or information that is
15privileged under sub. (2) is also a communication or information that is privileged
16under s. 905.04 (2), the provisions of s. 905.04 supersede this section with respect to
17that communication or information.".
AB1-SSA1-SA2,457,320
908.03
(6m) (d)
Fees. The Before January 1, 2003, the department of health
21and family services shall, by rule, prescribe uniform fees
that are based on an
22approximation of
the actual costs
. The fees, plus applicable state tax, are the
23maximum amount that a health care provider may charge
under par. (c) 3. for
24certified duplicate
patient health care records. The rule shall also allow the health
1care provider to charge for
actual postage or other
actual delivery costs.
The
2commencement of an action is not a prerequisite for the application of this
3paragraph.
AB1-SSA1-SA2, s. 522s
4Section 522s. 908.03 (6m) (d) of the statutes, as affected by 2001 Wisconsin
5Act .... (this act), is amended to read:
AB1-SSA1-SA2,457,156
908.03
(6m) (d)
Fees. Before January 1, 2003 After December 31, 2002, the
7department of health and family services shall, by rule, prescribe uniform fees that
8are based on an approximation of actual costs. The fees, plus applicable state tax,
9are the maximum amount that a health care provider may charge for certified
10duplicate patient health care records. The rule shall also allow the health care
11provider to charge for actual postage or other actual delivery costs.
The
12commencement of an action is not a prerequisite for the application of this paragraph 13For duplicate patient health care records and duplicate X-ray reports or the referral
14of X-rays to another health care provider that are requested before commencement
15of an action, s. 146.83 (1) (b) and (c) and (3m) applies.".
AB1-SSA1-SA2,458,218
893.82
(5m) With regard to a claim to recover damages for medical malpractice,
19the time periods under subs. (3)
, (3m), and (4)
shall be 180 days after discovery of the
20injury or the date on which, in the exercise of reasonable diligence, the injury should
21have been discovered, rather than 120 days after the event causing the injury for
22serving a notice of a claim upon the attorney general do not apply. The time period
23for commencing an action against a state officer, employee, or agent for damages for
1medical malpractice are the same as the time periods under s. 893.55 (1), (2), and
2(3).".
AB1-SSA1-SA2,458,127
938.335
(3m) (b)
After a finding that a juvenile is delinquent under s. 938.12
8or is found to be in need of protection or services under s. 938.13 (12), the The district
9attorney or corporation counsel shall make a reasonable attempt to contact any
10known victim to inform that person of the right to make a statement under par. (a).
11Any failure to comply with this paragraph is not a ground for an appeal of a
12dispositional order or for any court to reverse or modify a dispositional order.".
AB1-SSA1-SA2,458,1715
938.34
(5g) (d) Under this subsection, a juvenile who is under 14 years of age
16may not be required to perform more than 40 total hours of supervised work or other
17community service work, except as provided in subs.
(13p), (13r)
, and (14t).
AB1-SSA1-SA2,459,219
938.34
(13p) Bomb scares, biological or chemical substance scares, or
20firearms at school. In addition to any other disposition imposed under this section,
21if the juvenile is found to have violated s. 947.015 and the property involved is a
22school premises, as defined in s. 948.61 (1) (c), is found to have violated s. 947.017
23(2) and the threat concerned release or dissemination of a harmful substance on a
1school premises, as defined in s. 948.61 (1) (c), or is found to have violated s. 948.605
2(2) (a) or (3) (a), the court may order any one or more of the following dispositions:
AB1-SSA1-SA2,459,43
(a) That the juvenile participate in anger management counseling or any other
4counseling ordered by the court.
AB1-SSA1-SA2,459,85
(b) That the juvenile participate for 100 hours in a supervised work program
6under sub. (5g) or perform 100 hours of other community service work, unless the
7court determines that the juvenile would pose a threat to public safety while
8participating in that program or other community service work.
AB1-SSA1-SA2,459,209
(c) That the juvenile's operating privilege, as defined in s. 340.01 (40), be
10restricted or suspended for 2 years, except that the court may restrict or suspend a
11juvenile's operating privilege under this paragraph only if the court finds that the
12juvenile used a motor vehicle to facilitate the commission of the violation. If the court
13restricts or suspends a juvenile's operating privilege under this paragraph, the court
14shall immediately forward to the department of transportation notice of the
15restriction or suspension, clearly stating the reason for and duration of the
16restriction or suspension. If the juvenile's license or operating privilege is currently
17suspended or revoked or if the juvenile does not currently possess a valid operator's
18license issued under ch. 343, the restriction or suspension under this paragraph is
19effective on the date on which the juvenile is first eligible for issuance or
20reinstatement of an operator's license under ch. 343.".
AB1-SSA1-SA2,459,23
22"
Section 657b. 940.32 (1) (a) of the statutes is renumbered 940.32 (1) (a)
23(intro.) and amended to read:
AB1-SSA1-SA2,460,4
1940.32
(1) (a) (intro.) "Course of conduct" means
repeatedly maintaining a
2visual or physical proximity to a person. a series of 2 or more acts carried out over
3time, however short or long, that show a continuity of purpose, including any of the
4following:
AB1-SSA1-SA2,460,66
940.32
(1) (a) 1. Maintaining a visual or physical proximity to the victim.
AB1-SSA1-SA2,460,88
940.32
(1) (a) 2. Approaching or confronting the victim.
AB1-SSA1-SA2,460,1110
940.32
(1) (a) 3. Appearing at the victim's workplace or contacting the victim's
11employer or coworkers.
AB1-SSA1-SA2,460,1413
940.32
(1) (a) 4. Appearing at the victim's home or contacting the victim's
14neighbors.