AB354,101,82
813.122
(4) (a) (intro.) A judge or
circuit court commissioner shall issue a
3temporary restraining order ordering the respondent to avoid the child victim's
4residence or any premises temporarily occupied by the child victim or both, and to
5avoid contacting or causing any person other than a party's attorney to contact the
6child victim unless the petitioner consents in writing and the judge or
circuit court
7commissioner agrees that the contact is in the best interests of the child victim, if all
8of the following occur:
AB354, s. 281
9Section
281. 813.122 (4) (a) 1. of the statutes is amended to read:
AB354,101,1110
813.122
(4) (a) 1. The petitioner submits to the judge or
circuit court
11commissioner a petition alleging the elements set forth under sub. (6) (a).
AB354, s. 282
12Section
282. 813.122 (4) (a) 2. of the statutes is amended to read:
AB354,101,1513
813.122
(4) (a) 2. The judge or
circuit court commissioner finds reasonable
14grounds to believe that the respondent has engaged in, or based on prior conduct of
15the child victim and the respondent may engage in, abuse of the child victim.
AB354, s. 283
16Section
283. 813.122 (5m) (a) 2. of the statutes is amended to read:
AB354,102,317
813.122
(5m) (a) 2. Except as provided in par. (ag), require the respondent to
18surrender any firearms that he or she owns or has in his or her possession to the
19sheriff of the county in which the action under this section was commenced, to the
20sheriff of the county in which the respondent resides or to another person designated
21by the respondent and approved by the judge or
circuit court commissioner. The
22judge or
circuit court commissioner shall approve the person designated by the
23respondent unless the judge or
circuit court commissioner finds that the person is
24inappropriate and places the reasons for the finding on the record. If a firearm is
25surrendered to a person designated by the respondent and approved by the judge or
1circuit court commissioner, the judge or
circuit court commissioner shall inform the
2person to whom the firearm is surrendered of the requirements and penalties under
3s. 941.29 (4).
AB354, s. 284
4Section
284. 813.122 (5m) (b) (intro.) of the statutes is amended to read:
AB354,102,75
813.122
(5m) (b) (intro.) A firearm surrendered under par. (a) 2. may not be
6returned to the respondent until a judge or
circuit court commissioner determines
7all of the following:
AB354, s. 285
8Section
285. 813.122 (5m) (b) 2. of the statutes is amended to read:
AB354,102,129
813.122
(5m) (b) 2. That the person is not prohibited from possessing a firearm
10under any state or federal law or by the order of any federal court or state court, other
11than an order from which the judge or
circuit court commissioner is competent to
12grant relief.
AB354, s. 286
13Section
286. 813.122 (9) (a) of the statutes is amended to read:
AB354,102,1714
813.122
(9) (a) If an order is issued under this section, upon request by the
15petitioner, the court or
circuit court commissioner, as applicable, shall order the
16sheriff to assist in executing or serving the temporary restraining order or
17injunction.
AB354, s. 287
18Section
287. 813.123 (3) (a) of the statutes is amended to read:
AB354,103,219
813.123
(3) (a) Procedure for an action under this section is in 2 parts. First,
20if the petitioner requests a temporary restraining order, the court or
circuit court
21commissioner shall issue or refuse to issue that order. Second, the court shall hold
22a hearing under sub. (5) on whether to issue an injunction, which is the final relief.
23If the court or
circuit court commissioner issues a temporary restraining order, the
24order shall set forth the date for the hearing on an injunction. If the court or
circuit
1court commissioner does not issue a temporary restraining order, the date for the
2hearing shall be set upon motion by either party.
AB354, s. 288
3Section
288. 813.123 (3) (b) (intro.) of the statutes is amended to read:
AB354,103,54
813.123
(3) (b) (intro.) The court or
circuit court commissioner, on its or his or
5her own motion or the motion of any party, may order one or more of the following:
AB354, s. 289
6Section
289. 813.123 (4) (a) of the statutes is amended to read:
AB354,103,137
813.123
(4) (a) Unless the vulnerable adult, guardian or guardian ad litem
8consents in writing and the judge or
circuit court commissioner agrees that the
9contact is in the best interests of the vulnerable adult, a judge or
circuit court
10commissioner shall issue a temporary restraining order ordering the respondent to
11avoid interference with an investigation of the vulnerable adult under s. 55.043, the
12delivery of protective services to the vulnerable adult under s. 55.05 or a protective
13placement of the vulnerable adult under s. 55.06 if all of the following occur:
AB354,103,1514
1. The petitioner submits to the judge or
circuit court commissioner a petition
15alleging the elements set forth under sub. (6).
AB354,103,2016
2. The judge or
circuit court commissioner finds reasonable grounds to believe
17that the respondent has interfered with, or based on prior conduct of the respondent
18may interfere with, an investigation of the vulnerable adult under s. 55.043, the
19delivery of protective services to the vulnerable adult under s. 55.05 or a protective
20placement of the vulnerable adult under s. 55.06.
AB354, s. 290
21Section
290. 813.123 (8) (a) of the statutes is amended to read:
AB354,103,2422
813.123
(8) (a) If an order is issued under this section, upon request by the
23petitioner, the court or
circuit court commissioner shall order the sheriff to assist in
24executing or serving the temporary restraining order or injunction.
AB354, s. 291
25Section
291. 813.125 (3) (a) (intro.) of the statutes is amended to read:
AB354,104,3
1813.125
(3) (a) (intro.) A judge or
circuit court commissioner may issue a
2temporary restraining order ordering the respondent to cease or avoid the
3harassment of another person, if all of the following occur:
AB354, s. 292
4Section
292. 813.125 (3) (a) 2. of the statutes is amended to read:
AB354,104,65
813.125
(3) (a) 2. The judge or
circuit court commissioner finds reasonable
6grounds to believe that the respondent has violated s. 947.013.
AB354, s. 293
7Section
293. 813.125 (3) (c) of the statutes is amended to read:
AB354,104,148
813.125
(3) (c) The temporary restraining order is in effect until a hearing is
9held on issuance of an injunction under sub. (4). A judge or
circuit court
10commissioner shall hold a hearing on issuance of an injunction within 7 days after
11the temporary restraining order is issued, unless the time is extended upon the
12written consent of the parties or extended once for 7 days upon a finding that the
13respondent has not been served with a copy of the temporary restraining order
14although the petitioner has exercised due diligence.
AB354, s. 294
15Section
294. 813.125 (4) (a) (intro.) of the statutes is amended to read:
AB354,104,1816
813.125
(4) (a) (intro.) A judge or
circuit court commissioner may grant an
17injunction ordering the respondent to cease or avoid the harassment of another
18person, if all of the following occur:
AB354, s. 295
19Section
295. 813.125 (4) (a) 2. of the statutes is amended to read:
AB354,105,220
813.125
(4) (a) 2. The petitioner serves upon the respondent a copy of a
21restraining order obtained under sub. (3) and notice of the time for the hearing on
22the issuance of the injunction under sub. (3) (c). The restraining order or notice of
23hearing served under this subdivision shall inform the respondent that, if the judge
24or
circuit court commissioner issues an injunction, the judge or
circuit court
1commissioner may also order the respondent not to possess a firearm while the
2injunction is in effect.
AB354, s. 296
3Section
296. 813.125 (4) (a) 3. of the statutes is amended to read:
AB354,105,54
813.125
(4) (a) 3. After hearing, the judge or
circuit court commissioner finds
5reasonable grounds to believe that the respondent has violated s. 947.013.
AB354, s. 297
6Section
297. 813.125 (4m) (a) of the statutes is amended to read:
AB354,105,127
813.125
(4m) (a) If a judge or
circuit court commissioner issues an injunction
8under sub. (4) and the judge or
circuit court commissioner determines, based on clear
9and convincing evidence presented at the hearing on the issuance of the injunction,
10that the respondent may use a firearm to cause physical harm to another or to
11endanger public safety, the judge or
circuit court commissioner may prohibit the
12respondent from possessing a firearm.
AB354, s. 298
13Section
298. 813.125 (4m) (c) 2. of the statutes is amended to read:
AB354,105,2514
813.125
(4m) (c) 2. Except as provided in par. (cg), require the respondent to
15surrender any firearms that he or she owns or has in his or her possession to the
16sheriff of the county in which the action under this section was commenced, to the
17sheriff of the county in which the respondent resides or to another person designated
18by the respondent and approved by the judge or
circuit court commissioner. The
19judge or
circuit court commissioner shall approve the person designated by the
20respondent unless the judge or
circuit court commissioner finds that the person is
21inappropriate and places the reasons for the finding on the record. If a firearm is
22surrendered to a person designated by the respondent and approved by the judge or
23circuit court commissioner, the judge or
circuit court commissioner shall inform the
24person to whom the firearm is surrendered of the requirements and penalties under
25s. 941.29 (4).
AB354, s. 299
1Section
299. 813.125 (4m) (d) (intro.) of the statutes is amended to read:
AB354,106,42
813.125
(4m) (d) (intro.) A firearm surrendered under par. (c) 2. may not be
3returned to the respondent until a judge or
circuit court commissioner determines
4all of the following:
AB354, s. 300
5Section
300. 813.125 (4m) (d) 2. of the statutes is amended to read:
AB354,106,96
813.125
(4m) (d) 2. That the person is not prohibited from possessing a firearm
7under any state or federal law or by the order of any federal court or state court, other
8than an order from which the judge or
circuit court commissioner is competent to
9grant relief.
AB354, s. 301
10Section
301. 813.125 (5) (am) of the statutes is amended to read:
AB354,106,1411
813.125
(5) (am) The petition shall inform the respondent that, if the judge or
12circuit court commissioner issues an injunction, the judge or
circuit court
13commissioner may also order the respondent not to possess a firearm while the
14injunction is in effect.
AB354, s. 302
15Section
302. 814.615 (3) of the statutes is amended to read:
AB354,106,1916
814.615
(3) The court or
family a circuit court commissioner shall direct either
17or both parties to pay any applicable fee under this section. If either or both parties
18are unable to pay, the court shall grant a separate judgment for the amount of the
19fees in favor of the county and against the party or parties responsible for the fees.
AB354, s. 303
20Section
303. 814.68 (title) of the statutes is amended to read:
AB354,106,21
21814.68 (title)
Fees of supplemental court commissioners.
AB354, s. 304
22Section
304. 814.68 (1) (intro.) of the statutes is amended to read:
AB354,106,2523
814.68 (
1)
Part-time Supplemental court commissioners. (intro.) A
part-time 24supplemental court commissioner appointed under s.
757.68 (2) 757.675 (1) shall
25collect the following fees:
AB354, s. 305
1Section
305. 814.68 (1) (a) of the statutes is amended to read:
AB354,107,52
814.68 (
1) (a) A fee of $1 for each decision, signing or filing of a document or
3other ministerial act required by law performed by a
part-time supplemental court
4commissioner. This paragraph does not apply to testimonial proceedings or
5depositions taken before a
supplemental court commissioner.
AB354, s. 306
6Section
306. 814.68 (1) (b) (intro.) of the statutes is amended to read:
AB354,107,107
814.68 (
1) (b) (intro.) For the following duties performed by a
part-time 8supplemental court commissioner held in the county courthouse or other court
9facilities provided by law, reasonable compensation as fixed by the court but not more
10than the hourly equivalent of the salary of a judge of the court:
AB354, s. 307
11Section
307. 814.68 (1) (b) 1. of the statutes is amended to read:
AB354,107,1412
814.68 (
1) (b) 1. Every attendance upon the hearing of any motion for an order
13which a
supplemental court commissioner is authorized to grant and for attendance
14upon any motion or an official act to be done by the
supplemental court commissioner.
AB354, s. 308
15Section
308. 814.68 (2) of the statutes is amended to read:
AB354,107,2116
814.68
(2) Supplementary examinations. For attendance upon an examination
17under ch. 816, a
supplemental court commissioner shall collect a fee of $15 to be paid
18upon the issuance of the order under s. 816.03 (1). The fee shall be returned in any
19case where it appears by affidavit filed that the order was not served upon the
20judgment debtor. This fee is the only fee a
supplemental court commissioner is
21entitled to for proceedings under ch. 816.
AB354, s. 309
22Section
309. 816.03 (1) (b) of the statutes is amended to read:
AB354,108,223
816.03
(1) (b) A
supplemental court commissioner upon application of a
24judgment creditor shall order any judgment debtor to appear before the
25supplemental court commissioner and answer concerning the judgment debtor's
1property at a time and place specified in the order, within said county, in lieu of the
2procedure set forth in par. (a).
AB354, s. 310
3Section
310. 816.035 (1) and (2) of the statutes are amended to read:
AB354,108,84
816.035
(1) An order under s. 816.03 (1) issued by a
supplemental court
5commissioner shall be served in the same manner as the service of a summons under
6s. 801.11. The return on the order shall be made to the
supplemental commissioner
7who issued the order. The
supplemental commissioner shall file the order and the
8return with the clerk of the court in which the judgment involved is entered.
AB354,108,10
9(2) Upon issuance of the order, the
supplemental court commissioner shall
10collect the fee prescribed in s. 814.68 (2) for attendance upon the examination.
AB354, s. 311
11Section
311. 818.02 (6) of the statutes is amended to read:
AB354,108,1712
818.02
(6) In a proceeding to determine paternity or to establish or revise a
13child support or maintenance obligation, if the court or
family a circuit court
14commissioner finds that the petitioner cannot effect service of process upon the
15respondent despite due diligence on the part of the petitioner or after the respondent
16is personally served but fails to appear on the return date, on the date set for the
17pretrial hearing or on the date set for the trial.
AB354, s. 312
18Section
312. 879.61 of the statutes is amended to read:
AB354,109,4
19879.61 Discovery proceedings. Any personal representative or any person
20interested who suspects that any other person has concealed, stolen, conveyed or
21disposed of property of the estate; or is indebted to the decedent; possesses, controls
22or has knowledge of concealed property of the decedent; possesses, controls or has
23knowledge of writings which contain evidence of or tend to disclose the right, title,
24interest or claim of the decedent to any property; or possesses, controls or has
25knowledge of any will of the decedent, may file a petition in the court so stating. The
1court upon
, such notice as it directs, may order the other person to appear before the
2court or a
circuit court commissioner for disclosure, may subpoena witnesses and
3compel the production of evidence
, and may make any order in relation to the matter
4as is just and proper.
AB354, s. 313
5Section
313. 885.10 of the statutes is amended to read:
AB354,109,17
6885.10 Witness for indigent respondent or defendant. Upon satisfactory
7proof of the financial inability of the respondent or defendant to procure the
8attendance of witnesses for his or her defense, the judge or
supplemental court
9commissioner, in any paternity proceeding or criminal action or proceeding, or in any
10other case in which the respondent or defendant is represented by the state public
11defender or by assigned counsel under s. 977.08, to be tried or heard before him or
12her, may direct the witnesses to be subpoenaed as he or she determines is proper and
13necessary, upon the respondent's or defendant's oath or affidavit or that of the
14respondent's or defendant's attorney. Witnesses so subpoenaed shall be paid their
15fees in the manner that witnesses for the state therein are paid. Determination of
16indigency, in full or in part, under s. 977.07 is proof of the respondent's or defendant's
17financial inability to procure the attendance of witnesses for his or her defense.
AB354, s. 314
18Section
314. 885.12 of the statutes is amended to read:
AB354,110,5
19885.12 Coercing witnesses before officers and boards. If any person,
20without reasonable excuse, fails to attend as a witness, or to testify as lawfully
21required before any arbitrator, coroner, medical examiner, board, commission,
22commissioner, examiner, committee, or other officer or person authorized to take
23testimony, or to produce a book or paper which the person was lawfully directed to
24bring, or to subscribe the person's deposition when correctly reduced to writing, any
25judge of a court of record or
a circuit court commissioner in the county where the
1person was obliged to attend may, upon sworn proof of the facts, issue an attachment
2for the person, and unless the person shall purge the contempt and go and testify or
3do such other act as required by law, may commit the person to close confinement in
4the county jail until the person shall so testify or do such act, or be discharged
5according to law. The sheriff of the county shall execute the commitment.
AB354, s. 315
6Section
315. 887.26 (7) of the statutes is amended to read:
AB354,110,107
887.26
(7) Fees. The persons who take depositions and the witness shall be
8entitled to the fees allowed
supplemental court commissioners under s. 814.68 (1)
9and witnesses for similar service by the law of this state, or such as may be prescribed
10by the law of the state or country where taken.
AB354, s. 316
11Section
316. 898.02 of the statutes is amended to read:
AB354,110,16
12898.02 Notice to plaintiff. The person shall cause notice to be given to the
13plaintiff in the action, the plaintiff's agent or attorney, in writing, that at a time and
14place specified in the notice the person will apply to the circuit judge or
circuit court
15commissioner of the county in which the person is so confined for the purpose of
16obtaining a discharge from imprisonment.
AB354, s. 317
17Section
317. 898.04 of the statutes is amended to read:
AB354,110,24
18898.04 Prisoner to be examined. At the time and place specified in the
19notice the person shall be taken, under the custody of the jailer, the sheriff or the
20sheriff's deputy, before the circuit judge or
circuit court commissioner, who shall
21examine the prisoner on oath concerning his or her estate and effects and the
22disposal thereof and the prisoner's ability to pay the judgment for which he or she
23is committed; and who shall also hear any other legal and pertinent evidence that
24may be produced by the debtor or the creditor.
AB354, s. 318
25Section
318. 898.11 of the statutes is amended to read:
AB354,111,3
1898.11 Inability to pay fees. If the prisoner is unable to pay in whole or in
2part the fees of the circuit
judge or court
commissioner in the proceedings, the
3proceedings shall continue without charge to the prisoner.
AB354, s. 319
4Section
319. 906.15 (1) of the statutes is amended to read:
AB354,111,85
906.15
(1) At the request of a party, the judge or
a circuit court commissioner
6shall order witnesses excluded so that they cannot hear the testimony of other
7witnesses. The judge or
circuit court commissioner may also make the order of his
8or her own motion.
AB354, s. 320
9Section
320. 906.15 (2) (d) of the statutes is amended to read:
AB354,111,1610
906.15
(2) (d) A victim, as defined in s. 950.02 (4), in a criminal case or a victim,
11as defined in s. 938.02 (20m), in a delinquency proceeding under ch. 938, unless the
12judge or
circuit court commissioner finds that exclusion of the victim is necessary to
13provide a fair trial for the defendant or a fair fact-finding hearing for the juvenile.
14The presence of a victim during the testimony of other witnesses may not by itself
15be a basis for a finding that exclusion of the victim is necessary to provide a fair trial
16for the defendant or a fair fact-finding hearing for the juvenile.
AB354, s. 321
17Section
321. 906.15 (3) of the statutes is amended to read:
AB354,111,2118
906.15
(3) The judge or
circuit court commissioner may direct that all excluded
19and non-excluded witnesses be kept separate until called and may prevent them
20from communicating with one another until they have been examined or the hearing
21is ended.
AB354, s. 322
22Section
322. 911.01 (1) of the statutes is amended to read:
AB354,112,423
911.01
(1) Courts and court commissioners. Chapters 901 to 911 apply to the
24courts of the state of Wisconsin, including municipal courts
, family court
25commissioners, and
circuit, supplemental, and municipal court commissioners
, in
1the proceedings and to the extent hereinafter set forth except as provided in s. 972.11.
2The word "judge" in chs. 901 to 911 means judge of a court of record, municipal judge,
3family or circuit, supplemental, or municipal court commissioner
, and court
4commissioner.
AB354, s. 323
5Section
323. 938.06 (1) (a) 2. of the statutes is amended to read: