(4) If a court enters an order under sub. (1), the court shall provide the person who petitioned for the restraining order or injunction with a referral to a domestic violence or sexual assault victim service provider.
(5) If, after weighing the factors set forth under sub. (2), the court determines that a person is more likely than not to cause serious bodily harm to the person who petitioned for the restraining order or injunction, and the court determines that another alternative, including imprisonment, is more likely to protect the person who petitioned for the restraining order or injunction, the court may not enter an order under sub. (1).
266,7
Section
7. 814.75 (8m) of the statutes is created to read:
814.75 (8m) The global positioning system tracking surcharge under s. 971.37 (1m) (c) 1. or 973.057.
266,8
Section
8. 946.465 of the statutes is amended to read:
946.465 Tampering with a global positioning system tracking device. Whoever, without the authorization of the department of corrections, intentionally tampers with, or blocks, diffuses, or prevents the clear reception of, a signal transmitted by, a global positioning system tracking device or comparable technology that is provided under s. 301.48 or 301.49 is guilty of a Class I felony.
266,9
Section
9. 969.02 (3) (e) of the statutes is created to read:
969.02 (3) (e) If the person is charged with violating a restraining order or injunction issued under s. 813.12 or 813.125, may require the person to participate in mental health treatment, a batterer's intervention program, or individual counseling. The judge shall consider a request by the district attorney or the petitioner, as defined in s. 301.49 (1) (c), in determining whether to issue an order under this paragraph.
266,10
Section
10. 971.37 (1m) (c) 1. (intro.) of the statutes is amended to read:
971.37 (1m) (c) 1. (intro.) The agreement may provide as one of its conditions that a person covered under sub. (1) (b) or (c) pay the domestic abuse surcharge under s. 973.055 and, if applicable, the global positioning system tracking surcharge under s. 973.057. If the agreement requires the person to pay the global positioning system tracking surcharge under s. 973.057, the agreement shall also require the person to pay the domestic abuse surcharge under s. 973.055. Payments and collections of the domestic abuse surcharge and the global positioning system tracking surcharge under this subdivision are subject to s. 973.055 (2) to (4) or to s. 973.057 (2) and (3), respectively, except as follows:
266,11
Section
11. 971.37 (1m) (c) 2. of the statutes is amended to read:
971.37 (1m) (c) 2. If the prosecution is resumed under sub. (2) and the person is subsequently convicted, a court shall give the person credit under s. 973.055 and, if applicable, s. 973.057 for any amount paid under subd. 1.
266,12
Section
12. 973.05 (2m) (jm) of the statutes is created to read:
973.05 (2m) (jm) To payment of the global positioning system tracking surcharge until paid in full.
266,13
Section
13. 973.057 of the statutes is created to read:
973.057 Global positioning system tracking surcharge. (1) If a court convicts a person under s. 813.12 or 813.125, or a conforming municipal ordinance, the court shall impose a global positioning system tracking surcharge under ch. 814 of $200 for each offense.
(2) (a) If the surcharge is imposed by a court of record, after the court determines the amount due, the clerk of the court shall collect and transmit the amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration as provided in s. 59.25 (3) (f) 2.
(b) If the surcharge is imposed by a municipal court, after a determination by the court of the amount due, the court shall collect and transmit the amount to the treasurer of the county, city, town, or village, and that treasurer shall make payment to the secretary of administration as provided in s. 66.0114 (1) (bm).
(3) All moneys collected from global positioning system tracking surcharges shall be deposited by the secretary of administration in s. 20.410 (gL) and utilized in accordance with s. 301.49.
(4) If the moneys collected under this section prove inadequate to fund the global positioning system tracking program under s. 301.49, the department may, by rule, increase the surcharge under sub. (1) by not more than 5 percent each year to cover the costs of the global positioning system tracking program.
266,13m
Section 13m. 973.09 (2) (ar) of the statutes is created to read:
973.09 (2) (ar) Notwithstanding par. (a) 1r., and except as provided in par. (a) 2., for a violation punishable under s. 813.12 (8) or 813.125 (7), not less than 6 months or more than the period of the injunction issued under s. 813.12 or 813.125.
266,14
Section
14
.
Nonstatutory provisions.
(1) The department of corrections shall promulgate rules to implement section 301.49 of the statutes, as created by this act. The department of corrections shall consult with one or more organizations or agencies that are dedicated to the prevention of domestic violence, law enforcement agencies, judges, district attorneys, and probation officers in developing the implementation plan.
266,15
Section
15
.
Initial applicability.
(1) The treatment of sections 20.410 (1) (gL), 814.75 (8m), 971.37 (1m) (c) 1. (intro.) and 2., 973.05 (2m) (jm), and 973.057 of the statutes first applies to a person who is convicted or who enters into a deferred prosecution agreement on the effective date of this subsection.
(2) The treatment of sections 301.49, 813.129, 946.465, and 969.02 (3) (e) of the statutes first applies to violations that occur on the effective date of this subsection.
266,16
Section
16.
Effective dates. This act takes effect on January 1, 2014, except as follows:
(1) The treatment of sections 16.705 (1n), 16.71 (5m), 20.410 (1) (gk) (title) and (gL), 814.75 (8m), 971.37 (1m) (c) 1. (intro.) and 2., 973.05 (2m) (jm), and 973.057 of the statutes and Sections 14 and 15 (1) of this act take effect on July 1, 2013.
