SB503: Bill Text

SB503,4,10 (2) Petition. (a) An action under this section may be commenced only by a petition filed by an individual-at-risk agency.

SB503,4,11 (b) The petition shall allege facts sufficient to show the following:

SB503,4,12 1. The name of the individual at risk.

SB503,4,15 2. a. If the individual at risk named under subd. 1. is an elder adult at risk, that a report of financial exploitation against the individual at risk under s. 46.90 (5) has been investigated and confirmed.

SB503,4,18 b. If the individual at risk named under subd. 1. is an adult at risk, that a report of financial exploitation against the individual at risk under s. 55.043 (1r) has been investigated and confirmed.

SB503,4,20 3. The financial institution at which the financial exploitation has occurred or is likely to occur and the accounts that may be affected.

SB503,4,22 4. The name of the person who has conducted or is likely to conduct the financial exploitation.

SB503,5,5 (3) General procedure. Procedure for an action under this section is in 2 parts. First, the court or circuit court commissioner shall issue or refuse to issue a temporary restraining order. Second, the court shall hold a hearing under sub. (5) on whether to issue an injunction, which is the final relief. If the court or circuit court commissioner issues a temporary restraining order, the order shall set forth the date for the hearing on an injunction. If the court or circuit court commissioner does not issue a temporary restraining order, the date for the hearing shall be set upon motion by either party.

SB503,5,8 (4) Temporary restraining order. (a) A judge or circuit court commissioner shall issue a temporary restraining order, as specified in par. (b), if all of the following occur:

SB503,5,10 1. The petitioner submits to the judge or circuit court commissioner a petition alleging the elements set forth under sub. (2) (b).

SB503,5,12 2. The judge or circuit court commissioner finds reasonable grounds to believe any of the following:

SB503,5,15 a. That the individual at risk has been the subject of financial exploitation and that an account at the financial institution identified under sub. (2) (b) 3. has been used to aid the financial exploitation of the individual at risk.

SB503,5,19 b. That the the individual at risk is likely to be the subject of financial exploitation conducted by the person named under sub. (2) (b) 4. and that an account at the financial institution identified under sub. (2) (b) 3. is likely to be used to aid the financial exploitation of the individual at risk.

SB503,5,24 (b) A temporary restraining order issued under par. (a) shall order the financial institution identified under sub. (2) (b) 3. to refuse transfers or withdrawals from any account the individual at risk holds, individually or jointly, at the financial institution. In the order the judge may, as he or she determines is appropriate, order the refusal to be of any of the following:

SB503,5,25 1. All transfers and withdrawals from the account.

SB503,6,1 2. Any withdrawal by a specified person.

SB503,6,3 3. All transfers and withdrawals with specified exceptions for regular transfers or withdrawals.

SB503,6,5 (c) If a judge or circuit court commissioner issues a temporary restraining order, notice shall be given to the individual at risk.

SB503,6,11 (d) The temporary restraining order is in effect until a hearing is held on issuance of an injunction under sub. (5). A judge shall hold a hearing on issuance of an injunction within 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.

SB503,6,13 (5) Injunction. (a) The judge shall issue an injunction, as specified in par. (c) if all of the following occur:

SB503,6,15 1. The petitioner has filed a petition alleging the elements set forth under sub. (2) (b).

SB503,6,17 2. The petitioner serves a copy of the petition and notice of the time for hearing on the issuance of the injunction upon all of the following:

SB503,6,18 a. The financial institution identified under sub. (2) (b) 3.

SB503,6,19 b. The individual at risk named under sub. (2) (b) 1.

SB503,6,20 c. The person named under sub. (2) (b) 4.

SB503,6,23 d. Any person with whom the individual at risk holds a joint account at the financial institution identified under sub. (2) (b) 3. if the petitioner knows of any such account holder.

SB503,6,25 e. Any guardian, or agent under an activated power of attorney, of the individual at risk, if the petitioner knows of any such guardian or agent.

SB503,7,2 3. After a hearing, the judge finds reasonable grounds to believe any of the following:

SB503,7,5 a. That the individual at risk has been the subject of financial exploitation and that an account at the financial institution identified under sub. (2) (b) 3. has been used to aid the financial exploitation of the individual at risk.

SB503,7,9 b. That the individual at risk is likely to be the subject of financial exploitation conducted by the person named under sub. (2) (b) 4. and that an account at the financial institution identified under sub. (2) (b) 3. is likely to be used to aid the financial exploitation of the individual at risk.

SB503,7,12 (b) In determining whether there are reasonable grounds under par. (a) 3., the judge may, in his or her discretion, consider the petition filed under sub. (2), any other factors the judge finds appropriate, and any of the following:

SB503,7,15 1. The preferences of the individual at risk, but the judge shall note any coercion the individual-at-risk agency has identified in the investigation described under sub. (2) (b) 2.

SB503,7,17 2. Any preferences of a guardian, or agent under an activated power of attorney, of the individual at risk, if any.

SB503,7,21 3. Any testimony given by the person named under sub. (2) (b) 4., given by any person with whom the individual at risk holds a joint account that may be subject to the petition filed under sub. (2), or given by a representative of the financial institution identified under sub. (2) (b) 3.

SB503,8,2 (c) An injunction issued under par. (a) shall order the financial institution identified under sub. (2) (b) 3. to refuse transfers and withdrawals from any account the individual at risk holds, individually or jointly, at the financial institution. In the order the judge may, as he or she determines is appropriate, order the refusal to be of any of the following:

SB503,8,3 1. All transfers and withdrawals from the account.

SB503,8,4 2. Any withdrawal by a specified person.

SB503,8,6 3. All transfers and withdrawals with specified exceptions for regular transfers or withdrawals.

SB503,8,8 (d) An order under this subsection is effective according to its terms, but for not more than one year.

SB503,8,12 (6) Financial institutions subject to court orders. (a) A financial institution that complies with any order issued under sub. (4) or (5) is not liable to any person for complying with the order or for any other action arising from, or related to, the financial institution's compliance with the order.

SB503,8,18 (b) Notwithstanding any order issued under sub. (4) or (5), a financial institution may close an account identified in an order under sub. (4) or (5), or take any other action with respect to the account that is authorized in the account contract with the depositor, if the proceeds of the account are not distributed to any person named under sub. (2) (b) 4. or any other person identified in the order as being prohibited from making a withdrawal from the account.

SB503, s. 7 Section 7. 814.61 (1) (a) and (b) of the statutes are amended to read:

SB503,8,25 814.61 (1) (a) Except as provided under pars. (c), (d), (dm), and (e), at the commencement of all civil actions and special proceedings not specified in ss. 814.62 to 814.66, $75. Of the fees received by the clerk under this paragraph, the county treasurer shall pay $45 to the secretary of administration for deposit in the general fund and shall retain the balance for the use of the county. The secretary of administration shall credit $15 of the $45 to the appropriation under s. 20.680 (2) (j).

SB503,9,4 (b) Except as provided in pars. (c), (d), (dm), and (e), in addition to the fee under par. (a), at the commencement of an action affecting the family as defined in s. 767.001 (1), a fee of $20 to be deposited by the county treasurer in a separate account to be used by the county exclusively for the purposes specified in s. 767.405.

SB503, s. 8 Section 8. 814.61 (1) (dm) of the statutes is created to read:

SB503,9,14 814.61 (1) (dm) No fee charged under this subsection in any action commenced under s. 813.124 may be collected from a petitioner under s. 813.124 or an individual at risk, as defined in s. 813.124 (1) (f), who is named under s. 813.124 (2) (b) 1. The fee charged under this subsection for petitions filed and granted under s. 813.124 shall be collected from the person named under s. 813.124 (2) (b) 4. if that person is convicted of violating a temporary restraining order or injunction issued under s. 813.123 (4) or (5) if the violation included a violation of an order under s. 813.123 (4) (ar) 2. or (5) (ar) 2. to cease engaging in or threatening to engage in financial exploitation of the individual at risk who was named under s. 813.124 (2) (b) 1.

SB503, s. 9 Section 9. 814.70 (1) of the statutes is amended to read:

SB503,9,25 814.70 (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. 813.124 may be collected from a petitioner under s. 813.124 or an individual at risk, as defined in s. 813.124 (1) (f), who is named under s. 813.124 (2) (b) 1. The fee charged under this subsection in any action commenced under s. 813.124 shall be collected from the person named under s. 813.124 (2) (b) 4. if that person is convicted of violating a temporary restraining order or injunction issued under s. 813.123 (4) or (5) if the violation included a violation of an order under s. 813.123 (4) (ar) 2. or (5) (ar) 2. to cease engaging in or threatening to engage in financial exploitation of the individual at risk who was named under s. 813.124 (2) (b) 1. 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) (am) 1. to 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).

SB503, s. 10 Section 10. 814.70 (3) (intro.) of the statutes is amended to read:

SB503,11,12 814.70 (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), except that a fee under this subsection in any action commenced under s. 813.124 may not be collected from a petitioner under s. 813.124 or an individual at risk, as defined in s. 813.124 (1) (f), who is named under s. 813.124 (2) (b) 1. but shall be collected from the person named under s. 813.124 (2) (b) 4. if that person is convicted of violating a temporary restraining order or injunction issued under s. 813.123 (4) or (5) if the violation included a violation of an order under s. 813.123 (4) (ar) 2. or (5) (ar) 2. to cease engaging in or threatening to engage in financial exploitation of the individual at risk who was named under s. 813.124 (2) (b) 1., 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) (am) 1. to 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):

SB503, s. 11 Section 11. Initial applicability.

SB503,11,16 (1) The treatment of section 46.90 (5g) of the statutes first applies to investigations conducted under section 46.90 (5) of the statutes on the effective date of this subsection.

SB503,11,19 (2) The treatment of section 55.043 (1t) of the statutes first applies to investigations conducted under section 55.043 (1r) of the statutes on the effective date of this subsection.

SB503, s. 12 Section 12. Effective date.

SB503,11,22 (1) This act takes effect on the first day of the 3rd month beginning after publication.

SB503,11,23 (End)