2011 - 2012 LEGISLATURE
May 24, 2011 - Introduced by Senators Zipperer, Carpenter, Galloway, Hansen,
Harsdorf, Moulton, Vinehout and Wanggaard, cosponsored by
Representatives August, Kerkman, Suder, Bernier, Brooks, Farrow,
Honadel, Kaufert, Kleefisch, Kooyenga, Kramer, Kuglitsch, LeMahieu,
Marklein, Milroy, A. Ott, Pasch, Petersen, Spanbauer, Steineke, Zepnick and
Ziegelbauer. Referred to Committee on Judiciary, Utilities, Commerce, and
1An Act to amend
16.705 (1n), 16.71 (5m), 20.410 (1) (gk) (title), 946.465, 971.37 2
(1m) (c) 1. (intro.) and 971.37 (1m) (c) 2.; and to create
20.410 (1) (gL), 301.49, 3
813.129, 814.75 (8m), 969.02 (3) (e), 973.05 (2m) (jm) and 973.057 of the 4
statutes; relating to: requiring persons who violate certain restraining orders
5or injunctions to be monitored by a global positioning system, granting
6rule-making authority, making an appropriation, and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, an individual who is, or who acts on behalf of, a victim of
abuse, harassment, or threats may obtain a temporary restraining order against the
person who has committed the acts of abuse, harassment, or making a threat. The
restraining order bars the person from contacting the victim and requires the person
to stay away from the victim's residence and other places temporarily occupied by the
victim until a court conducts a hearing to determine whether the restraining order
should be incorporated into a longer lasting injunction.
If the court determines that the person has engaged in, or may engage in, acts
of abuse, harassment, or threats against the victim, the court may issue an
injunction against the person. An injunction may stay in effect for up to four years
and bars the person from contacting the victim, requires the person to stay away from
the victim's residence, and may require the person to stay away from other locations
temporarily occupied by the victim.
A person who violates a restraining order or an injunction may be fined up to
$1,000 and imprisoned for up to nine months, except that a person who violates a
restraining order or injunction that was issued only for harassment faces the same
fine but may be imprisoned for up to 90 days.
This bill allows a court to order a person who is convicted of violating a
restraining order or an injunction to submit, for the duration of the restraining order
or injunction, to global positioning system (GPS) tracking by the Department of
Corrections (DOC). The bill also allows a court to order, as a condition of release, a
person who is charged with violating a restraining order or an injunction to submit
to GPS tracking. The bill requires the court to consider a request for GPS tracking
by a district attorney or by the individual who asked for the restraining order.
Under the bill, DOC must monitor the person's whereabouts with a GPS device
and, if the person enters into an area that he or she is required to avoid under the
terms of the restraining order or injunction, DOC must immediately notify local law
enforcement and the victim. Under the bill, a person who violates a restraining order
is required to pay a $200 surcharge in addition to his or her fine that will be used
toward the costs of GPS tracking. Under the bill, the court may order the person to
pay for the costs of GPS tracking. The bill makes it a Class I felony, punishable by
a fine up to $10,000, imprisonment for up to three years and six months, or both, for
a person to tamper with the GPS device.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB104, s. 1
16.705 (1n) of the statutes is amended to read:
Subsection (1) does not apply to a contract entered into by the 3
department of corrections for global positioning system tracking services under s. 4
301.48 (3) or 301.49
SB104, s. 2
16.71 (5m) of the statutes is amended to read:
The department shall delegate authority to the department of 7
corrections to enter into contracts for global positioning system tracking equipment,
8implementation, and tracking
services under s.
301.48 (3) and 301.49
SB104, s. 3
20.410 (1) (gk) (title) of the statutes is amended to read:
(gk) (title) Global positioning system tracking devices for certain sex
SB104, s. 4
20.410 (1) (gL) of the statutes is created to read:
(gL) Global positioning system tracking devices for certain violators
6of restraining orders.
All moneys received under s. 301.49 (5) and all moneys received 7
from the global positioning system tracking surcharge on court fines, as authorized 8
under s. 971.37 (1m) (c) 1. or 973.057, for expenditures related to the global 9
positioning system tracking program under s. 301.49. If the unencumbered balance 10
in this appropriation account exceeds $100,000 immediately before the end of any 11
fiscal year, the department of corrections shall transfer the excess to the 12
appropriation account under s. 20.437 (1) (hh) at the end of that fiscal year.
SB104, s. 5
301.49 of the statutes is created to read:
14301.49 Global positioning system tracking for persons who violate
15certain orders or injunctions. (1) Definitions.
In this section:
(a) "Exclusion zone" means a zone in which a person who is tracked using a 17
global positioning system tracking device is prohibited from entering.
(b) "Global positioning system tracking" means tracking using a system that 19
actively monitors and identifies a person's location and timely reports or records the 20
person's presence in an exclusion zone. "Global positioning system tracking" 21
includes comparable technology.
(c) "Petitioner" means the person who petitioned for the restraining order or 23
injunction that was issued under ss. 813.12 to 813.125 or enforced under s. 813.128.
(d) "Restraining order or injunction" means an order or an injunction issued 25
pursuant to ss. 813.12 to 813.125 or enforced under s. 813.128.
1(2) Who is covered; duration of coverage.
(a) The department shall maintain 2
global positioning system tracking of a person who is not in jail or in prison and who 3
is ordered by a court to submit to monitoring under s. 813.129 or 969.02 (3) (e) for the 4
duration of the restraining order or injunction. If a restraining order or injunction 5
is extended beyond its original expiration date, the department shall maintain global 6
positioning system tracking of the person for the duration of the extended 7
restraining order or injunction.
(b) The department shall maintain global positioning system tracking of a 9
person who is subject to global positioning system tracking as a condition of release 10
under s. 969.02 (3) (e) for as long as the court orders under that paragraph.
11(3) Functions and operation of tracking program.
(a) The department shall 12
implement a continuous global positioning tracking system to electronically monitor 13
the whereabouts of persons who are subject to this section. The system shall do all 14
of the following:
1. Use field monitoring equipment that supports cellular communications with 16
as large a coverage area as possible and shall automatically provide instantaneous 17
information regarding the whereabouts of a person who is being monitored, 18
including information regarding the person's presence in an exclusion zone 19
established under par. (c).
2. Use land line communications equipment to transmit information regarding 21
the location of persons who are subject to this section when they are in areas in which 22
no commercial cellular service is available.
3. Immediately alert the department and the local law enforcement agency 24
having jurisdiction over the exclusion zone if the person enters any exclusion zone.
4. Immediately alert the petitioner if the person enters any exclusion zone.
(b) The department shall contract with a vendor using a competitive process 2
as described under s. 16.75 to provide staff in this state to install, remove, and 3
maintain equipment related to global positioning system tracking for purposes of 4
this section. The term of the contract may not exceed 3 years.
(c) For each person who is subject to global positioning system tracking under 6
this section, the department shall create an individualized exclusion zone for the 7
person, if necessary to protect public safety. In creating an exclusion zone, the 8
department shall include any location that the person is ordered to avoid or enjoined 9
from entering under the restraining order or injunction that the person violated or 10
is alleged to have violated.
11(4) Termination if person moves out of state.
Notwithstanding sub. (2), if a 12
person who is subject to being tracked under this section moves out of state, the 13
department shall terminate the person's tracking. If the person returns to the state 14
during the duration of the restraining order or injunction, the department shall 15
immediately reinstate the person's tracking.
(a) The department shall determine all of the following for each 17
1. The cost of global positioning system tracking for the person.
2. How much of the cost under subd. 1. the person is able to pay based on the 20
factors listed in par. (c).
(b) If required by the department, a person who is subject to global positioning 22
system tracking shall pay for the cost of tracking up to the amount calculated for the 23
person under par. (a) 2. The department shall collect moneys paid by the person 24
under this paragraph and credit those moneys to the appropriation account under 25
s. 20.410 (1) (gL).
(c) In determining how much of the costs the person is able to pay, the 2
department may consider the following:
1. The person's financial resources.
2. The present and future earning ability of the person.
3. The needs and earning ability of the person's dependents.
4. Any other factors that the department considers appropriate.
The department shall provide all of the following to each petitioner:
(a) Notice when the person who is ordered by a court to submit to monitoring 9
under s. 813.129 is released from incarceration.
(b) The exclusion zones that the person must avoid and the amount of time that 11
the person is allowed to remain in an exclusion zone before the department and law 12
enforcement receive an alert.
(c) An explanation of the failure rates associated with global positioning system 14
tracking programs and an explanation of situations in which a person may not be 15
detected by the tracking program.
SB104, s. 6
813.129 of the statutes is created to read:
17813.129 Global positioning system tracking. (1) I
f a person knowingly 18
violates a temporary restraining order or injunction issued under ss. 813.12 to 19
813.125 or any order enforced under s. 813.128, in addition to other penalties 20
provided in those sections, the court may report the violation to the department of 21
corrections immediately upon the person's conviction and may order the person to 22
submit to global positioning system tracking under s. 301.49.
Before issuing an order under sub. (1), the court shall consider whether the 24
person is likely to cause serious bodily harm to the person who petitioned for the
restraining order or injunction, poses a serious threat to public safety, or is likely to 2
intimidate witnesses, weighing the following factors:
(a) Whether the person has allegedly caused physical injury, intentionally 4
abused pets or damaged property, or committed sexual assault, an act of 5
strangulation or forcible entry to gain access to the petitioner.
(b) Whether the person has threatened any individual, including the petitioner, 7
(c) Whether the person has a history of improperly using or threatening to use 9
a firearm or other dangerous weapon.
(d) Whether the person has expressed suicidal ideation.
(e) Whether the person has exhibited obsessive or controlling behavior toward 12
the petitioner or any member of the petitioner's family, including stalking, 13
surveillance, or isolation of the petitioner or any member of the petitioner's family.
(f) The person's mental health history.
(g) Whether the person has a history of abusing alcohol or a controlled 16
The court may request the department of corrections to provide a validated 18
danger assessment of the person in order to make the findings required in sub. (2).
If a court enters an order under sub. (1), the court shall provide the person 20
who petitioned for the restraining order or injunction with a referral to a domestic 21
violence or sexual assault victim service provider.
If, after weighing the factors set forth under sub. (2), the court determines 23
that a person is likely to cause serious bodily harm to the person who petitioned for 24
the restraining order or injunction, poses a serious threat to public safety, or is likely 25
to intimidate witnesses, and the court determines that another alternative,
including imprisonment, is more likely to protect the person who petitioned for the 2
restraining order or injunction or the public or more likely to prevent the 3
intimidation of witnesses, the court may not enter an order under sub. (1).
SB104, s. 7
814.75 (8m) of the statutes is created to read:
The global positioning system tracking surcharge under s. 971.37 6
(1m) (c) 1. or 973.057.
SB104, s. 8
946.465 of the statutes is amended to read:
8946.465 Tampering with a global positioning system tracking device. 9
Whoever, without the authorization of the department of corrections, intentionally 10
tampers with, or blocks, diffuses, or prevents the clear reception of, a signal 11
transmitted by, a global positioning system tracking device or comparable 12
technology that is provided under s. 301.48 or 301.49
is guilty of a Class I felony.
SB104, s. 9
969.02 (3) (e) of the statutes is created to read:
(e) If the person is charged with violating a restraining order or 15
injunction issued under ss. 813.12 to 813.125 or an order or modification enforced 16
under s. 813.128, require the person to submit to global positioning system tracking 17
under s. 301.49 and may require the person to participate in mental health 18
treatment, a batterer's intervention program, or individual counseling. The judge 19
shall consider a request by the district attorney or the petitioner, as defined in s. 20
301.49 (1) (c), in determining whether to issue an order under this paragraph.
SB104, s. 10
971.37 (1m) (c) 1. (intro.) of the statutes is amended to read:
(c) 1. (intro.) The agreement may provide as one of its conditions 23
that a person covered under sub. (1) (b) or (c) pay the domestic abuse surcharge under 24
s. 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 4
under this subdivision are subject to s. 973.055 (2) to (4) or to s. 973.057 (2) and (3),
, except as follows:
SB104, s. 11
971.37 (1m) (c) 2. of the statutes is amended to read:
(c) 2. If the prosecution is resumed under sub. (2) and the person 8
is 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.
SB104, s. 12
973.05 (2m) (jm) of the statutes is created to read:
(jm) To payment of the global positioning system tracking 12
surcharge until paid in full.
SB104, s. 13
973.057 of the statutes is created to read:
14973.057 Global positioning system tracking surcharge. (1)
If a court 15
convicts a person under ss. 813.12 to 813.128, or a conforming municipal ordinance, 16
the court shall impose a global positioning system tracking surcharge under ch. 814 17
of $200 for each offense.
(a) If the surcharge is imposed by a court of record, after the court 19
determines the amount due, the clerk of the court shall collect and transmit the 20
amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer 21
shall then make payment to the secretary of administration as provided in s. 59.25 22
(3) (f) 2.
(b) If the surcharge is imposed by a municipal court, after a determination by 24
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 2
to the secretary of administration as provided in s. 66.0114 (1) (bm).
All moneys collected from global positioning system tracking surcharges 4
shall be deposited by the secretary of administration in s. 20.410 (gL) and utilized 5
in accordance with s. 301.49.