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813.12
(8) Penalty. (a) Whoever knowingly violates a temporary restraining
9order or injunction issued under sub. (3) or (4) shall be fined not more than
$1,000 10$10,000 or imprisoned for not more than 9 months or both.
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813.125
(7) Penalty. Whoever violates a temporary restraining order or
13injunction issued under this section shall be fined not more than
$1,000 $10,000 or
14imprisoned not more than 90 days or both.
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16813.129 Global positioning system tracking. (1) If a person knowingly
17violates a temporary restraining order or injunction issued under s. 813.12 or
18813.125, in addition to other penalties provided in those sections, the court may
19report the violation to the department of corrections immediately upon the person's
20conviction and may order the person to submit to global positioning system tracking
21under s. 301.49.
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22(2) Before issuing an order under sub. (1), the court must find that the person
23is more likely than not to cause serious bodily harm to the person who petitioned for
24the restraining order or injunction or poses the petitioner weighing the following
25factors:
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1(a) Whether the person has allegedly caused physical injury, intentionally
2abused pets or damaged property, or committed sexual assault, an act of
3strangulation or forcible entry to gain access to the petitioner.
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(b) Whether the person has threatened any individual, including the petitioner,
5with harm.
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(c) Whether the person has a history of improperly using or threatening to use
7a firearm or other dangerous weapon.
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(d) Whether the person has expressed suicidal ideation.
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(e) Whether the person has exhibited obsessive or controlling behavior toward
10the petitioner or any member of the petitioner's family, including stalking,
11surveillance, or isolation of the petitioner or any member of the petitioner's family.
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(f) The person's mental health history.
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(g) Whether the person has a history of abusing alcohol or a controlled
14substance.
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15(3) (a) The court may request the department of corrections to provide a
16validated risk assessment of the person in order to make the findings required in sub.
17(2).
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(b) The court may request a domestic violence prevention or treatment center
19in the court's county to complete a danger assessment of the person in order to make
20the findings required in sub. (2).
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21(4) If a court enters an order under sub. (1), the court shall provide the person
22who petitioned for the restraining order or injunction with a referral to a domestic
23violence or sexual assault victim service provider.
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24(5) If, after weighing the factors set forth under sub. (2), the court determines
25that a person is more likely than not to cause serious bodily harm to the person who
1petitioned for the restraining order or injunction or poses the petitioner, and the
2court determines that another alternative, including imprisonment, is more likely
3to protect or prevent the intimidation of the person who petitioned for the restraining
4order or injunction, the court may not enter an order under sub. (1).
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814.75
(8m) The global positioning system tracking surcharge under s. 971.37
7(1m) (c) 1. or 973.057.
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9946.465 Tampering with a global positioning system tracking device. 10Whoever, without the authorization of the department of corrections, intentionally
11tampers with, or blocks, diffuses, or prevents the clear reception of, a signal
12transmitted by, a global positioning system tracking device or comparable
13technology that is provided under s. 301.48
or 301.49 is guilty of a Class I felony.
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969.02
(3) (e) If the person is charged with violating a restraining order or
16injunction issued under s. 813.12 or 813.125, may require the person to participate
17in mental health treatment, a batterer's intervention program, or individual
18counseling. The judge shall consider a request by the district attorney or the
19petitioner, as defined in s. 301.49 (1) (c), in determining whether to issue an order
20under this paragraph.
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971.37
(1m) (c) 1. (intro.) The agreement may provide as one of its conditions
23that a person covered under sub. (1) (b) or (c) pay the domestic abuse surcharge under
24s. 973.055
and, if applicable, the global positioning system tracking surcharge under
25s. 973.057. If the agreement requires the person to pay the global positioning system
1tracking surcharge under s. 973.057, the agreement shall also require the person to
2pay the domestic abuse surcharge under s. 973.055. Payments and collections
of the
3domestic abuse surcharge and the global positioning system tracking surcharge 4under this subdivision are subject to s. 973.055 (2) to (4)
or to s. 973.057 (2) and (3),
5respectively, except as follows:
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971.37
(1m) (c) 2. If the prosecution is resumed under sub. (2) and the person
8is subsequently convicted, a court shall give the person credit under s. 973.055
and,
9if applicable, s. 973.057 for any amount paid under subd. 1.
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973.05
(2m) (jm) To payment of the global positioning system tracking
12surcharge until paid in full.
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14973.057 Global positioning system tracking surcharge. (1) If a court
15convicts a person under s. 813.12 or 813.125, or a conforming municipal ordinance,
16the court shall impose a global positioning system tracking surcharge under ch. 814
17of $200 for each offense.
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18(2) (a) If the surcharge is imposed by a court of record, after the court
19determines the amount due, the clerk of the court shall collect and transmit the
20amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer
21shall then make payment to the secretary of administration as provided in s. 59.25
22(3) (f) 2.
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(b) If the surcharge is imposed by a municipal court, after a determination by
24the court of the amount due, the court shall collect and transmit the amount to the
1treasurer of the county, city, town, or village, and that treasurer shall make payment
2to the secretary of administration as provided in s. 66.0114 (1) (bm).
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3(3) All moneys collected from global positioning system tracking surcharges
4shall be deposited by the secretary of administration in s. 20.410 (gL) and utilized
5in accordance with s. 301.49.
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6(4) If the moneys collected under this section prove inadequate to fund the
7global positioning system tracking program under s. 301.49, the department may, by
8rule, increase the surcharge under sub. (1) by not more than 5 percent each year to
9cover the costs of the global positioning system tracking program.
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973.09
(2) (ar) Notwithstanding par. (a) 1r., and except as provided in par. (a)
122., for a violation punishable under s. 813.12 (8) or 813.125 (7), not less than 6 months
13or more than the period of the injunction issued under s. 813.12 or 813.125.
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(1) The department of corrections shall promulgate rules to implement section
16301.49 of the statutes, as created by this act. The department of corrections shall
17consult with one or more organizations or agencies that are dedicated to the
18prevention of domestic violence, law enforcement agencies, judges, district
19attorneys, and probation officers in developing the implementation plan.
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(1)
The treatment of sections 20.410 (1) (gL), 814.75 (8m), 971.37 (1m) (c) 1.
22(intro.) and 2., 973.05 (2m) (jm), and 973.057 of the statutes first applies to a person
23who is convicted or who enters into a deferred prosecution agreement on the effective
24date of this subsection.
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1(2)
The treatment of sections 301.49, 813.129, 946.465, and 969.02 (3) (e) of the
2statutes first applies to violations that occur on the effective date of this subsection.
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3Section
16.
Effective dates. This act takes effect on the first day of the 6th
4month beginning after publication, except as follows:
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(1) The treatment of sections 16.705 (1n), 16.71 (5m), 20.410 (1) (gk) (title) and
6(gL), 814.75 (8m), 971.37 (1m) (c) 1. (intro.) and 2., 973.05 (2m) (jm), and 973.057 of
7the statutes and
Sections 14 and 15 (1) of this act take effect on the day after
8publication.