LRBs0259/1
CMH:eev&wlj:jm
2013 - 2014 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 464
February 11, 2014 - Offered by Representative Bies.
AB464-ASA1,1,11 1An Act to repeal 813.122 (5m) (am), 813.122 (5m) (aw), 813.122 (5m) (b) and (c),
2813.125 (4m) (cm), 813.125 (4m) (cw) and 813.125 (4m) (d) and (e); to renumber
3813.122 (2); to renumber and amend 813.12 (4m) (am), 813.12 (4m) (aw),
4813.12 (4m) (b), 813.12 (4m) (c) and 813.125 (4) (a) 2.; to amend 48.25 (6),
5813.12 (3) (c), 813.12 (4m) (a) 1., 813.12 (4m) (a) 2., 813.122 (4) (c), 813.122 (5m)
6(a) 1., 813.122 (5m) (a) 2., 813.125 (3) (c), 813.125 (4m) (c) 1., 813.125 (4m) (c)
72., 813.125 (6) (c) and 938.25 (6); and to create 785.01 (1) (br), 813.12 (2) (c),
8813.122 (2) (b), 813.125 (4) (a) 2. a., b. and c., 813.1285 and 818.02 (9) of the
9statutes; relating to: providing notice of firearm prohibition when serving
10notice for certain injunction hearings and process for surrendering firearms
11following the granting of certain injunctions and providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB464-ASA1,1
1Section 1. 48.25 (6) of the statutes is amended to read:
AB464-ASA1,2,102 48.25 (6) If a proceeding is brought under s. 48.13, any party to or any
3governmental or social agency involved in the proceeding may petition the court to
4issue a temporary restraining order and injunction as provided in s. 813.122 or
5813.125. The court exercising jurisdiction under this chapter shall follow the
6procedure under s. 813.122 or 813.125 except that the court may combine hearings
7authorized under s. 813.122 or 813.125 and this chapter, the petitioner for the
8temporary restraining order and injunction is not subject to the limitations under s.
9813.122 (2) (a) or 813.125 (2) and no fee is required regarding the filing of the petition
10under s. 813.122 or 813.125.
AB464-ASA1,2 11Section 2. 785.01 (1) (br) of the statutes is created to read:
AB464-ASA1,2,1212 785.01 (1) (br) Violation of an order under s. 813.1285 (4) (b) 2.;
AB464-ASA1,3 13Section 3. 813.12 (2) (c) of the statutes is created to read:
AB464-ASA1,2,1614 813.12 (2) (c) When the respondent is served with the petition under this
15subsection, the person who serves the respondent shall also provide the respondent
16all of the following information:
AB464-ASA1,2,1817 1. Notice of the requirements and penalties under s. 941.29 (1) (f) and (2) (e)
18and notice of any similar applicable federal laws and penalties.
AB464-ASA1,2,2119 2. An explanation of s. 813.1285, including the procedures for surrendering a
20firearm and the circumstances listed under s. 813.1285 under which a respondent
21must appear at a hearing to surrender firearms.
AB464-ASA1,2,2322 3. A firearm possession form developed under s. 813.1285 (5) (a), with
23instructions for completing and returning the form.
AB464-ASA1,4 24Section 4. 813.12 (3) (c) of the statutes is amended to read:
AB464-ASA1,3,9
1813.12 (3) (c) The temporary restraining order is in effect until a hearing is held
2on issuance of an injunction under sub. (4), except that the court may extend the
3temporary restraining order under s. 813.1285
. The temporary restraining order is
4not voided if the respondent is admitted into a dwelling that the order directs him
5or her to avoid. A judge or circuit court commissioner shall hold a hearing on issuance
6of an injunction within 14 days after the temporary restraining order is issued,
7unless the time is extended upon the written consent of the parties or extended once
8for 14 days upon a finding that the respondent has not been served with a copy of the
9temporary restraining order although the petitioner has exercised due diligence.
AB464-ASA1,5 10Section 5. 813.12 (4m) (a) 1. of the statutes is amended to read:
AB464-ASA1,3,1311 813.12 (4m) (a) 1. Inform the respondent named in the petition of the
12requirements and penalties under s. 941.29 and any similar applicable federal laws
13and penalties
.
AB464-ASA1,6 14Section 6. 813.12 (4m) (a) 2. of the statutes is amended to read:
AB464-ASA1,4,215 813.12 (4m) (a) 2. Except as provided in par. (ag), require in writing the
16respondent to surrender any firearms that he or she owns or has in his or her
17possession to the sheriff of the county in which the action under this section was
18commenced, to the sheriff of the county in which the respondent resides or to another
19person designated by the respondent and approved by the judge or circuit court
20commissioner. The judge or circuit court commissioner shall approve the person
21designated by the respondent unless the judge or circuit court commissioner finds
22that the person is inappropriate and places the reasons for the finding on the record.
23If a firearm is surrendered to a person designated by the respondent and approved
24by the judge or circuit court commissioner, the judge or circuit court commissioner

1shall inform the person to whom the firearm is surrendered of the requirements and
2penalties under s. 941.29 (4)
, in accordance with s. 813.1285.
AB464-ASA1,7 3Section 7. 813.12 (4m) (am) of the statutes is renumbered 813.1285 (6) and
4amended to read:
AB464-ASA1,4,105 813.1285 (6) (a) When a respondent surrenders a firearm under par. (a) 2. sub.
6(3) (a) 2. or (4) (b) 2.
to a sheriff, the sheriff who is receiving the firearm shall prepare
7a receipt for each firearm surrendered to him or her. The receipt shall include the
8date on which the firearm was surrendered and the manufacturer, model, and serial
9number of the firearm surrendered to the sheriff and shall be signed by the
10respondent and by the sheriff to whom the firearm is surrendered.
AB464-ASA1,4,1611 (b) The sheriff shall keep the original of a receipt prepared under subd. 1. par.
12(a)
and shall provide an exact copy 2 copies of the receipt to the respondent. The
13respondent shall provide one copy of the receipt to the clerk of courts within 48 hours
14of the order to surrender firearms.
When the firearm covered by the receipt is
15returned to the respondent under par. (b) sub. (7), the sheriff shall surrender to the
16respondent the original receipt and all of his or her copies of the receipt.
AB464-ASA1,4,1917 (c) A receipt prepared under subd. 1. par. (a) is conclusive proof that the
18respondent owns the firearm for purposes of returning the firearm covered by the
19receipt to the respondent under par. (b) sub. (7).
AB464-ASA1,4,2320 (d) The sheriff may not enter any information contained on a receipt prepared
21under subd. 1. par. (a) into any computerized or direct electronic data transfer system
22in order to store the information or, except as provided in par. (b), disseminate or
23provide access to the information.
AB464-ASA1,8 24Section 8. 813.12 (4m) (aw) of the statutes is renumbered 813.1285 (6) (e) 1.
25and amended to read:
AB464-ASA1,5,5
1813.1285 (6) (e) 1. A sheriff may store a firearm surrendered to him or her
2under par. (a) 2. sub. (3) (a) 2. or (4) (b) 2. in a warehouse that is operated by a public
3warehouse keeper licensed under ch. 99. If a sheriff stores a firearm at a warehouse
4under this paragraph subdivision, the respondent shall pay the costs charged by the
5warehouse for storing that firearm.
AB464-ASA1,9 6Section 9. 813.12 (4m) (b) of the statutes is renumbered 813.1285 (7) (a), and
7813.1285 (7) (a) (intro.) and 1., as renumbered, are amended to read:
AB464-ASA1,5,118 813.1285 (7) (a) (intro.) A firearm surrendered under par. (a) 2. this section may
9not be returned to the respondent until the respondent completes a petition for the
10return of firearms and
a judge or circuit court commissioner determines all of the
11following:
AB464-ASA1,5,1312 1. That the injunction issued under sub. (4) has been vacated or has expired and
13not been extended.
AB464-ASA1,10 14Section 10. 813.12 (4m) (c) of the statutes is renumbered 813.1285 (7) (b) and
15amended to read:
AB464-ASA1,5,2516 813.1285 (7) (b) If a respondent surrenders a firearm under par. (a) 2. this
17section
that is owned by a person other than the respondent, the person who owns
18the firearm may apply for its return to the circuit court for the county in which the
19person to whom the firearm was surrendered is located. The court shall order such
20notice as it considers adequate to be given to all persons who have or may have an
21interest in the firearm and shall hold a hearing to hear all claims to its true
22ownership. If the right to possession is proved to the court's satisfaction, it shall
23order the firearm returned. If the court returns a firearm under this paragraph, the
24court shall inform the person to whom the firearm is returned of the requirements
25and penalties under s. 941.29 (4).
AB464-ASA1,11
1Section 11. 813.122 (2) of the statutes is renumbered 813.122 (2) (a).
AB464-ASA1,12 2Section 12. 813.122 (2) (b) of the statutes is created to read:
AB464-ASA1,6,53 813.122 (2) (b) When the respondent is served with the petition under this
4subsection, the person who serves the respondent shall also provide the respondent
5with all of the following information:
AB464-ASA1,6,76 1. Notice of the requirements and penalties under s. 941.29 (1) (f) and (2) (e)
7and notice of any similar applicable federal laws and penalties.
AB464-ASA1,6,108 2. An explanation of s. 813.1285, including the procedures for surrendering a
9firearm and the circumstances listed under s. 813.1285 under which a respondent
10must appear at a hearing to surrender firearms.
AB464-ASA1,6,1211 3. A firearm possession form developed under s. 813.1285 (5) (a), with
12instructions for completing and returning the form.
AB464-ASA1,13 13Section 13 . 813.122 (4) (c) of the statutes is amended to read:
AB464-ASA1,6,2114 813.122 (4) (c) The temporary restraining order is in effect until a hearing is
15held on issuance of an injunction under sub. (5), except that the court may extend the
16temporary restraining order under s. 813.1285
. A judge shall hold a hearing on
17issuance of an injunction within 14 days after the temporary restraining order is
18issued, unless the time is extended upon the written consent of the parties or
19extended once for 14 days upon a finding that the respondent has not been served
20with a copy of the temporary restraining order although the petitioner has exercised
21due diligence.
AB464-ASA1,14 22Section 14. 813.122 (5m) (a) 1. of the statutes is amended to read:
AB464-ASA1,6,2523 813.122 (5m) (a) 1. Inform the respondent named in the petition of the
24requirements and penalties under s. 941.29 and any similar applicable federal laws
25and penalties
.
AB464-ASA1,15
1Section 15. 813.122 (5m) (a) 2. of the statutes is amended to read:
AB464-ASA1,7,132 813.122 (5m) (a) 2. Except as provided in par. (ag), require in writing the
3respondent to surrender any firearms that he or she owns or has in his or her
4possession to the sheriff of the county in which the action under this section was
5commenced, to the sheriff of the county in which the respondent resides or to another
6person designated by the respondent and approved by the judge or circuit court
7commissioner. The judge or circuit court commissioner shall approve the person
8designated by the respondent unless the judge or circuit court commissioner finds
9that the person is inappropriate and places the reasons for the finding on the record.
10If a firearm is surrendered to a person designated by the respondent and approved
11by the judge or circuit court commissioner, the judge or circuit court commissioner
12shall inform the person to whom the firearm is surrendered of the requirements and
13penalties under s. 941.29 (4)
, in accordance with s. 813.1285.
AB464-ASA1,16 14Section 16. 813.122 (5m) (am) of the statutes is repealed.
AB464-ASA1,17 15Section 17. 813.122 (5m) (aw) of the statutes is repealed.
AB464-ASA1,18 16Section 18. 813.122 (5m) (b) and (c) of the statutes are repealed.
AB464-ASA1,19 17Section 19 . 813.125 (3) (c) of the statutes is amended to read:
AB464-ASA1,7,2518 813.125 (3) (c) The temporary restraining order is in effect until a hearing is
19held on issuance of an injunction under sub. (4), except that the court may extend the
20temporary restraining order under s. 813.1285
. A judge or circuit court
21commissioner shall hold a hearing on issuance of an injunction within 14 days after
22the temporary restraining order is issued, unless the time is extended upon the
23written consent of the parties or extended once for 14 days upon a finding that the
24respondent has not been served with a copy of the temporary restraining order
25although the petitioner has exercised due diligence.
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