Amendment AA2-SSA2-AB843

AB843-SSA2-AA2,18,22 (b) “Law enforcement officer” has the meaning given in s. 165.85 (2) (c).

AB843-SSA2-AA2,18,24 (c) “Reasonable grounds" means more likely than not that a specific event will occur.

AB843-SSA2-AA2,19,19 (2) Commencement of action and response. (a) No action under this section may be commenced by complaint and summons. An action under this section may be commenced only by a petition described under sub. (5) (a). The action commences with the sheriff serving the petition on the respondent if a copy of the petition is filed before service or promptly after service. If the judge or a circuit court commissioner extends the time for a hearing under sub. (3) (c) and the petitioner files an affidavit with the court stating that personal service by the sheriff under s. 801.11 (1) (a) or (b) was unsuccessful because the respondent is avoiding service by concealment or otherwise, the judge or circuit court commissioner shall inform the petitioner that he or she may serve the respondent by publication of a summary of the petition as a class 1 notice, under ch. 985, and by mailing or sending a facsimile if the respondent's post-office address or facsimile number is known or can with due diligence be ascertained. The mailing or sending of a facsimile may be omitted if the post-office address or facsimile number cannot be ascertained with due diligence. A summary of the petition published as a class 1 notice shall include the name of the respondent and of the petitioner, notice of the temporary restraining order, and notice of the date, time, and place of the hearing regarding the injunction. The court shall inform the petitioner in writing that the petitioner should contact the sheriff to verify the proof of service of the petition.

AB843-SSA2-AA2,19,22 (b) Section 813.06 does not apply to an action under this section. The respondent may respond to the petition either in writing before or at the hearing on the issuance of the injunction or orally at that hearing.

AB843-SSA2-AA2,19,25 (c) When the respondent is served with the petition under this subsection, the respondent shall be provided notice of the requirements and penalties under s. 941.29.

AB843-SSA2-AA2,20,7 (2m) Two-part procedure. Procedure for an action under this section is in 2 parts. First, if the petitioner requests a temporary restraining order, the court shall issue or refuse to issue that order. Second, the court shall hold a hearing under sub. (4) on whether to issue an injunction, which is the final relief. If the court issues a temporary restraining order, the order shall set forth the date for the hearing on an injunction. If the court does not issue a temporary restraining order, the date for the hearing shall be set upon motion by either party.

AB843-SSA2-AA2,20,13 (3) Temporary restraining order. (a) 1. A judge or circuit court commissioner shall issue a temporary restraining order prohibiting the respondent from possessing a firearm and ordering the respondent to surrender all of his or her firearms if the judge or circuit court commissioner finds reasonable grounds to believe that the respondent is substantially likely to injure himself or herself or another person if the respondent possesses a firearm.

AB843-SSA2-AA2,20,15 2. The judge or circuit court commissioner shall base the finding under subd. 1. on the following:

AB843-SSA2-AA2,20,16 a. Any testimony.

AB843-SSA2-AA2,20,17 b. The petition.

AB843-SSA2-AA2,20,19 c. A recent threat of violence or act of violence by the respondent directed toward himself or herself or another person.

AB843-SSA2-AA2,20,22 d. A pattern of violent acts or violent threats by the respondent within the past 12 months, including threats of violence or acts of violence directed toward himself or herself or another person.

AB843-SSA2-AA2,20,24 3. The judge or circuit court commissioner may base the finding under subd. 1. on any factors in addition to those under subd. 2., including any of the following:

AB843-SSA2-AA2,21,2 a. Any unlawful or reckless use, display, or brandishing of a firearm by the respondent.

AB843-SSA2-AA2,21,4 b. The respondent's history of use, attempted use, or threatened use of physical force against himself or herself or another person.

AB843-SSA2-AA2,21,5 c. A prior arrest of the respondent for a felony.

AB843-SSA2-AA2,21,6 d. Evidence that the respondent has abused controlled substances or alcohol.

AB843-SSA2-AA2,21,8 e. Evidence that the respondent has recently acquired firearms, ammunition, or other dangerous weapons.

AB843-SSA2-AA2,21,9 (am) The order issued under par. (a) requires one of the following:

AB843-SSA2-AA2,21,15 1. If the respondent is present at the hearing, the respondent to immediately surrender all firearms that he or she has in his or her possession to the sheriff of the county in which the action under this section was commenced or to the sheriff of the county in which the respondent resides. The sheriff to whom the firearms are surrendered may, at the request of the respondent, arrange for the sale of the firearms to a firearms dealer.

AB843-SSA2-AA2,21,16 2. One of the following:

AB843-SSA2-AA2,21,21 a. If the respondent is not present at the hearing and the sheriff personally serves the respondent with the order issued under par. (a), the sheriff to request the respondent to immediately surrender all firearms in his or her possession. The sheriff may, at the request of the respondent, arrange for the sale of the firearms to a firearms dealer.

AB843-SSA2-AA2,22,3 b. If the respondent is not present at the hearing and the sheriff does not personally serve the respondent with the order issued under par. (a), the respondent to, within 24 hours of service, surrender all firearms in his or her possession to the sheriff or sell all firearms in his or her possession to a firearms dealer. Within 48 hours of service, the respondent shall file with the court that issued the order under par. (a) a receipt from the sheriff or firearms dealer indicating that the respondent surrendered the firearms.

AB843-SSA2-AA2,22,7 (an) If the respondent does not comply with par. (am) and a law enforcement officer has probable cause to believe that the respondent possesses a firearm, the law enforcement officer shall request a search warrant to seize the firearms and may use information contained in the petition to establish probable cause.

AB843-SSA2-AA2,22,10 (b) Notice need not be given to the respondent before issuing a temporary restraining order under this subsection. A temporary restraining order may be entered only against the respondent named in the petition.

AB843-SSA2-AA2,22,19 (c) A temporary restraining order issued under this subsection is in effect until a hearing is held on issuance of an injunction under sub. (4). A judge or circuit court commissioner shall hold a hearing on issuance of an injunction under sub. (4) within 14 days after the temporary restraining order is issued, unless the time is extended once for up to 14 days upon the written consent of the parties or 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. A judge or court commissioner may not extend the temporary restraining order in lieu of ruling on the issuance of an injunction.

AB843-SSA2-AA2,22,24 (d) The judge or circuit court commissioner shall advise the petitioner of the right to serve the respondent the petition by published notice if with due diligence the respondent cannot be served as provided under s. 801.11 (1) (a) or (b). The clerk of the circuit court shall assist the petitioner with the preparation of the notice and filing of the affidavit of printing.

AB843-SSA2-AA2,23,4 (4) Injunction. (a) A judge may grant an injunction prohibiting the respondent from possessing a firearm and, if the respondent was not subject to a temporary restraining order under sub. (3), ordering the respondent to surrender his or her firearms if all of the following occur:

AB843-SSA2-AA2,23,6 1. The petitioner files a petition alleging the elements set forth under sub. (5) (a).

AB843-SSA2-AA2,23,10 2. The petitioner serves upon the respondent a copy or summary of the petition and notice of the time for hearing on the issuance of the injunction, or the respondent serves upon the petitioner notice of the time for hearing on the issuance of the injunction.

AB843-SSA2-AA2,23,13 3. The judge finds reasonable grounds to believe that the respondent is substantially likely to injure himself or herself or another person if the respondent possesses a firearm.

AB843-SSA2-AA2,23,15 4. The judge or circuit court commissioner shall base the finding under subd. 3. on the following:

AB843-SSA2-AA2,23,16 a. Any testimony.

AB843-SSA2-AA2,23,17 b. The petition.

AB843-SSA2-AA2,23,19 c. Any recent threat of violence or act of violence by the respondent directed toward himself or herself or another person.

AB843-SSA2-AA2,23,22 d. Any pattern of violent acts or violent threats by the respondent within the past 12 months, including threats of violence or acts of violence directed toward himself or herself or another person.

AB843-SSA2-AA2,23,24 5. The judge or circuit court commissioner may base the finding under subd. 3. on any factors in addition to those under subd. 4., including any of the following:

AB843-SSA2-AA2,24,2 a. Any unlawful or reckless use, display, or brandishing of a firearm by the respondent.

AB843-SSA2-AA2,24,4 b. The respondent's history of use, attempted use, or threatened use of physical force against himself or herself or another person.

AB843-SSA2-AA2,24,5 c. A prior arrest of the respondent for a felony.

AB843-SSA2-AA2,24,6 d. Evidence that the respondent has abused controlled substances or alcohol.

AB843-SSA2-AA2,24,8 e. Evidence that the respondent has recently acquired firearms, ammunition, or other dangerous weapons.

AB843-SSA2-AA2,24,10 (b) The judge may enter an injunction only against the respondent named in the petition.

AB843-SSA2-AA2,24,12 (c) 1. An injunction under this subsection is effective for 180 days unless a judge vacates the injunction under par. (d).

AB843-SSA2-AA2,24,17 2. When an injunction expires, the court shall extend the injunction, upon petition, for 180 days if the judge finds reasonable grounds to believe that the respondent is substantially likely to injure himself or herself or another person if the respondent possesses a firearm. There is no limit to the number of extensions that may be made under this subdivision.

AB843-SSA2-AA2,24,24 (d) A respondent who is subject to an injunction that has been extended under par. (c) may request a judge to vacate the injunction during any injunction period other than the initial injunction period. If a respondent files a request under this paragraph, the petitioner shall be notified of the request before the judge considers the request. The judge shall vacate the injunction if the judge does not find reasonable grounds to believe that the respondent is substantially likely to injure himself or herself or another person if the respondent possesses a firearm.

AB843-SSA2-AA2,25,2 (e) An injunction issued under this subsection shall inform the respondent named in the petition of the requirements and penalties under s. 941.29.

AB843-SSA2-AA2,25,3 (5) Petition. (a) The petition shall allege facts sufficient to show the following:

AB843-SSA2-AA2,25,5 1. The name of the petitioner and, unless the petitioner is a law enforcement officer, his or her relationship to the respondent, as provided under par. (c) 2. to 7.

AB843-SSA2-AA2,25,6 2. The name of the respondent.

AB843-SSA2-AA2,25,8 3. That the respondent is substantially likely to injure himself or herself or another person if the respondent possesses a firearm.

AB843-SSA2-AA2,25,12 4. The name of at least one adult who has personal knowledge of the conduct of the respondent, who is not the petitioner, and who is able to testify that the respondent is substantially likely to injure himself or herself or another person if the respondent possesses a firearm.

AB843-SSA2-AA2,25,14 5. If the petitioner knows, the number, types, and locations of any firearms that the respondent possesses.

AB843-SSA2-AA2,25,16 (b) The clerk of the circuit court shall provide simplified forms to help a person file a petition.

AB843-SSA2-AA2,25,18 (c) Only the following persons may prepare and file a petition under this section:

AB843-SSA2-AA2,25,19 1. A law enforcement officer.

AB843-SSA2-AA2,25,20 2. A spouse, sibling, parent, or child of the respondent.

AB843-SSA2-AA2,25,21 3. A household member, as defined in s. 813.12 (1) (c), of the respondent.

AB843-SSA2-AA2,25,23 4. A person with whom the respondent has or had a dating relationship, as defined in s. 813.12 (1) (ag).

AB843-SSA2-AA2,26,2 5. An adult who is a close friend of the respondent. A court shall determine if an adult is a close friend by considering the length of the relationship, the type of the relationship, and the frequency of the interaction between the adult individuals involved in the relationship.

AB843-SSA2-AA2,26,3 6. A coworker of the respondent.

AB843-SSA2-AA2,26,6 7. A resident assistant employed by a postsecondary institution if the resident assistant would have necessary knowledge of the respondent, as determined by the court.

AB843-SSA2-AA2,26,14 (6) Enforcement assistance. (a) 1. If an injunction is issued, extended, or vacated under sub. (4), the clerk of the circuit court shall notify the department of justice of the action and shall provide the department of justice with information concerning the period during which the injunction is in effect or the date on which the injunction is vacated and with information necessary to identify the respondent for purposes of responding to a request under s. 165.63 or for purposes of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).

AB843-SSA2-AA2,26,18 2. Except as provided in subd. 3., the department of justice may disclose information that it receives under subd. 1. only to respond to a request under s. 165.63 or as part of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).

AB843-SSA2-AA2,26,21 3. The department of justice shall disclose any information that it receives under subd. 1. to a law enforcement agency when the information is needed for law enforcement purposes.

AB843-SSA2-AA2,27,2 (b) Within one business day after an order or injunction is issued, extended, or vacated under this section, the clerk of the circuit court shall send a copy of the order or injunction, or of the order extending or vacating an order or injunction, to the sheriff or to any other local law enforcement agency which is the central repository for orders and injunctions and which has jurisdiction over the petitioner's premises.

AB843-SSA2-AA2,27,11 (c) No later than 24 hours after receiving the information under par. (b), the sheriff or other appropriate local law enforcement agency under par. (b) shall enter the information concerning an order or injunction issued, extended, or vacated under this section into the transaction information for management of enforcement system. The sheriff or other appropriate local law enforcement agency shall also make available to other law enforcement agencies, through a verification system, information on the existence and status of any order or injunction issued under this section. The information need not be maintained after the order or injunction is no longer in effect.

AB843-SSA2-AA2,27,15 (7) Penalty. Whoever files a petition under this section for a temporary restraining order or injunction knowing the information in the petition to be false or with the intent to harass shall be fined not more than $10,000 or imprisoned for not more than 9 months or both.

AB843-SSA2-AA2,27,19 (8) Return of firearms and form. (a) A firearm surrendered under this section may not be returned to the respondent until the respondent completes a petition for the return of firearms under par. (c) and a judge or circuit court commissioner determines all of the following:

AB843-SSA2-AA2,27,21 1. That the temporary restraining order or injunction has been vacated or has expired and not been extended.

AB843-SSA2-AA2,28,2 2. That the person is not prohibited from possessing a firearm under any state or federal law or by the order of any federal court or state court, other than an order from which the judge or circuit court commissioner is competent to grant relief. The court or commissioner shall use the information provided under s. 165.63 to aid in making the determination under this subdivision.

AB843-SSA2-AA2,28,12 (b) If a respondent surrenders under this section a firearm that is owned by a person other than the respondent, the person who owns the firearm may apply for its return to the circuit court for the county in which the person to whom the firearm was surrendered is located. The court shall order such notice as it considers adequate to be given to all persons who have or may have an interest in the firearm and shall hold a hearing to hear all claims to its true ownership. If the right to possession is proved to the court's satisfaction, it shall order the firearm returned. If the court returns a firearm under this paragraph, the court shall inform the person to whom the firearm is returned of the requirements and penalties under s. 941.29 (4).

AB843-SSA2-AA2,28,14 (c) The director of state courts shall develop a petition for the return of firearms in substantially the following form:

AB843-SSA2-AA2,28,15 STATE OF WISCONSIN

AB843-SSA2-AA2,28,16 IN CIRCUIT COURT FOR .... COUNTY

AB843-SSA2-AA2,28,17 Petition to Return Firearm(s)

AB843-SSA2-AA2,28,19 In re the Return of Firearms to (name of person required to surrender firearms in an action under s. 813.124)

AB843-SSA2-AA2,28,21 Requesting person's information: date of birth, sex, race, height, weight, hair color, eye color, address, and phone number.

AB843-SSA2-AA2,28,22 Under oath I state that:

AB843-SSA2-AA2,28,24 1. The court issued a temporary restraining order or injunction against me on (date of order or injunction).

AB843-SSA2-AA2,29,3 2. The court ordered me to surrender any firearms I had in my possession, and I surrendered the firearms to the sheriff of this county or the sheriff of the county in which I resided, which is (name of county).

AB843-SSA2-AA2,29,5 3. I surrendered the following firearms as provided in item 2 and have attached a receipt from the sheriff.

AB843-SSA2-AA2,29,7 4. The temporary restraining order or injunction has (been vacated) (expired and has not been extended).

AB843-SSA2-AA2,29,9 5. I (have) (have not) been convicted of a misdemeanor crime of domestic violence.

AB843-SSA2-AA2,29,10 6. I (have) (have not) been convicted of a felony.

AB843-SSA2-AA2,29,13 7. I am not prohibited from possessing a firearm under any state or federal law or by the order of any federal court or state court, other than an order from which a judge or court commissioner is competent to grant relief.

AB843-SSA2-AA2,29,16 I request that the court enter an order directing that the sheriff named under item 2 return to me those firearms that were surrendered under the order of the court.

AB843-SSA2-AA2,29,17 Subscribed and sworn to before me on (date)

AB843-SSA2-AA2,29,18 (Signature of person requesting return of firearms)