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:
AB354,112,126
938.06
(1) (a) 2. The chief judge of the judicial administrative district shall
7formulate written judicial policy governing intake and court services for juvenile
8matters under this chapter and the director shall be charged with executing the
9judicial policy. The chief judge shall direct and supervise the work of all personnel
10of the court, except the work of the district attorney or corporation counsel assigned
11to the court. The chief judge may delegate his or her supervisory functions
under s.
12938.065 (1).
AB354, s. 324
13Section
324. 938.065 of the statutes is repealed.
AB354, s. 325
14Section
325. 938.208 (4) of the statutes is amended to read:
AB354,112,1815
938.208
(4) Probable cause exists to believe that the juvenile, having been
16placed in nonsecure custody by an intake worker under s. 938.207 or by the judge or
17juvenile circuit court commissioner under s. 938.21 (4), has run away or committed
18a delinquent act and no other suitable alternative exists.
AB354, s. 326
19Section
326. 938.21 (1) (a) of the statutes is amended to read:
AB354,113,720
938.21
(1) (a) If a juvenile who has been taken into custody is not released
21under s. 938.20, a hearing to determine whether the juvenile shall continue to be held
22in custody under the criteria of ss. 938.205 to 938.209 (1) shall be conducted by the
23judge or
juvenile a circuit court commissioner within 24 hours after the end of the
24day that the decision to hold the juvenile was made, excluding Saturdays, Sundays
25and legal holidays. By the time of the hearing a petition under s. 938.25 shall be filed,
1except that no petition need be filed where a juvenile is taken into custody under s.
2938.19 (1) (b) or (d) 2., 6. or 7. or where the juvenile is a runaway from another state,
3in which case a written statement of the reasons for holding a juvenile in custody
4shall be substituted if the petition is not filed. If no hearing has been held within 24
5hours or if no petition or statement has been filed at the time of the hearing, the
6juvenile shall be released except as provided in par. (b). A parent not present at the
7hearing shall be granted a rehearing upon request.
AB354, s. 327
8Section
327. 938.21 (1) (b) of the statutes is amended to read:
AB354,113,209
938.21
(1) (b) If no petition has been filed by the time of the hearing, a juvenile
10may be held in custody with the approval of the judge or
juvenile circuit court
11commissioner for an additional 48 hours from the time of the hearing only if, as a
12result of the facts brought forth at the hearing, the judge or
juvenile circuit court
13commissioner determines that probable cause exists to believe that the juvenile is
14an imminent danger to himself or herself or to others, or that probable cause exists
15to believe that the parent, guardian or legal custodian of the juvenile or other
16responsible adult is neglecting, refusing, unable or unavailable to provide adequate
17supervision and care. The extension may be granted only once for any petition. In
18the event of failure to file a petition within the 48-hour extension period provided
19for in this paragraph, the judge or
juvenile circuit court commissioner shall order the
20juvenile's immediate release from custody.
AB354, s. 328
21Section
328. 938.21 (2) (c) of the statutes is amended to read:
AB354,114,422
938.21
(2) (c) Prior to the commencement of the hearing, the juvenile shall be
23informed by the judge or
juvenile circuit court commissioner of the allegations that
24have been or may be made, the nature and possible consequences of this hearing as
25compared to possible future hearings, the provisions of s. 938.18 if applicable, the
1right to counsel under s. 938.23 regardless of ability to pay if the juvenile is not yet
2represented by counsel, the right to remain silent, the fact that the silence may not
3be adversely considered by the judge or
juvenile
circuit court commissioner, the right
4to confront and cross-examine witnesses and the right to present witnesses.
AB354, s. 329
5Section
329. 938.21 (4) (intro.) of the statutes is amended to read:
AB354,114,86
938.21
(4) (intro.) If the judge or
juvenile circuit court commissioner finds that
7the juvenile should be continued in custody under the criteria of s. 938.205, he or she
8shall enter one of the following orders:
AB354, s. 330
9Section
330. 938.21 (4m) of the statutes is amended to read:
AB354,114,1210
938.21
(4m) Electronic monitoring. The judge or
juvenile circuit court
11commissioner may include in an order under sub. (4) (a) or (b) a condition that the
12juvenile be monitored by an electronic monitoring system.
AB354, s. 331
13Section
331. 938.21 (7) of the statutes is amended to read:
AB354,114,1814
938.21
(7) Deferred prosecution. If the judge or
juvenile circuit court
15commissioner determines that the best interests of the juvenile and the public are
16served, he or she may enter a consent decree under s. 938.32 or order the petition
17dismissed and refer the matter to the intake worker for deferred prosecution in
18accordance with s. 938.245.
AB354, s. 332
19Section
332. 938.30 (9) of the statutes is amended to read:
AB354,114,2320
938.30
(9) If a
circuit court commissioner conducts the plea hearing and accepts
21an admission of the alleged facts in a petition brought under s. 938.12 or 938.13, the
22judge shall review the admission at the beginning of the dispositional hearing by
23addressing the parties and making the inquires set forth in sub. (8).
AB354, s. 333
24Section
333. 938.32 (1) (a) of the statutes is amended to read:
AB354,115,12
1938.32
(1) (a) At any time after the filing of a petition for a proceeding relating
2to s. 938.12 or 938.13 and before the entry of judgment, the judge or
juvenile circuit 3court commissioner may suspend the proceedings and place the juvenile under
4supervision in the juvenile's own home or present placement. The court may
5establish terms and conditions applicable to the parent, guardian or legal custodian,
6and to the juvenile, including any of the conditions specified in subs. (1d), (1g), (1m),
7(1t), (1v) and (1x). The order under this section shall be known as a consent decree
8and must be agreed to by the juvenile; the parent, guardian or legal custodian; and
9the person filing the petition under s. 938.25. If the consent decree includes any
10conditions specified in sub. (1g), the consent decree shall include provisions for
11payment of the services as specified in s. 938.361. The consent decree shall be
12reduced to writing and given to the parties.
AB354, s. 334
13Section
334. 938.32 (1d) of the statutes is amended to read:
AB354,115,2414
938.32
(1d) If the petition alleges that the juvenile has committed an act that
15would constitute a misdemeanor if committed by an adult, if the chief judge of the
16judicial administrative district has approved under s. 973.11 (2) a volunteers in
17probation program established in the juvenile's county of residence and if the judge
18or
juvenile circuit court commissioner determines that volunteer supervision under
19that volunteers in probation program will likely benefit the juvenile and the
20community, the judge or
juvenile circuit court commissioner may establish as a
21condition under sub. (1) that the juvenile be placed with that volunteers in probation
22program under such conditions as the judge or
juvenile
circuit court commissioner
23determines are reasonable and appropriate. These conditions may include, but need
24not be limited to, any of the following:
AB354,116,3
1(a) A directive to a volunteer to provide for the juvenile a role model, informal
2counseling, general monitoring and monitoring of the conditions established by the
3judge or
juvenile circuit court commissioner, or any combination of these functions.
AB354,116,54
(b) Any other conditions that the judge or
juvenile
circuit court commissioner
5may establish under this section.
AB354, s. 335
6Section
335. 938.32 (1g) (intro.) of the statutes is amended to read:
AB354,116,127
938.32
(1g) (intro.) If the petition alleges that the juvenile committed a
8violation specified under ch. 961 and if the multidisciplinary screen conducted under
9s. 938.24 (2) shows that the juvenile is at risk of having needs and problems related
10to the use of alcohol beverages, controlled substances or controlled substance analogs
11and its medical, personal, family and social effects, the judge or
juvenile circuit court
12commissioner may establish as a condition under sub. (1) any of the following:
AB354, s. 336
13Section
336. 938.32 (1m) (intro.) and (a) of the statutes are amended to read: