SENATE AMENDMENT 2,
To 1995 SENATE BILL 144
September 27, 1995 - Offered by Senator Fitzgerald.
SB144-SA2,1,5
21. Page 3, line 14: delete lines 14 and 15 and substitute: "to determine whether
3the person is prohibited from possessing a firearm under s. 813.12 (4m), 813.122 (5m)
4or 813.125 (4m) or under an order included in a tribal injunction filed with the circuit
5court under s. 813.12 (9) (a).".
SB144-SA2,1,12
7"813.12
(4m) Restriction on firearm possession; surrender of firearms. (a)
8If a judge or family court commissioner issues an injunction under sub. (4) and the
9judge or family court commissioner determines, based on evidence presented at the
10hearing on the issuance of the injunction, that the respondent may use a firearm to
11cause physical harm to another or to endanger public safety, the judge or family court
12commissioner may prohibit the respondent from possessing a firearm.
SB144-SA2,1,1513
(b) An order prohibiting a respondent from possessing a firearm issued under
14par. (a) remains in effect until the expiration of the injunction issued under sub. (4)
15and of any subsequent periods of extension of the injunction under sub. (4) (c).
SB144-SA2,2,2
1(c) An order issued under par. (a) that prohibits a respondent from possessing
2a firearm shall do all of the following:".
SB144-SA2,2,13
6"813.12
(6) (am) If an order prohibiting a respondent from possessing a firearm
7is issued under sub. (4m) or is extended due to the extension under sub. (4) (c) of the
8injunction with which the order was issued, or if a tribal injunction that includes an
9order prohibiting a respondent from possessing a firearm is filed under sub. (9) (a),
10the clerk of the circuit court shall notify the department of justice of the existence of
11the order prohibiting a respondent from possessing a firearm and shall provide the
12department of justice with information concerning the period during which the order
13is in effect and in-".
SB144-SA2,2,17
15"813.12
(9) (a) 4. If the tribal injunction includes an order prohibiting the
16respondent from possessing a firearm, the order includes notice to the respondent
17that he".
SB144-SA2,2,19
19"
Section 18m. 813.12 (9) (b) of the statutes is amended to read:
SB144-SA2,2,2320
813.12
(9) (b) A tribal order or injunction filed under par. (a) shall have the
21same effect and shall be subject to the same procedures, defenses and proceedings
22as an order or injunction under subs. (3)
and, (4)
and (4m) and may be enforced in
23like manner.".
SB144-SA2,3,6
1"813.122
(5m) Restriction on firearm possession; surrender of firearms. (a)
2If a judge or court commissioner issues an injunction under sub. (5) and the judge or
3court commissioner determines, based on evidence presented at the hearing on the
4issuance of the injunction, that the respondent may use a firearm to cause physical
5harm to another or to endanger public safety, the judge or court commissioner may
6prohibit the respondent from possessing a firearm.
SB144-SA2,3,97
(b) An order prohibiting a respondent from possessing a firearm issued under
8par. (a) remains in effect until the expiration of the injunction issued under sub. (5)
9and of any subsequent periods of extension of the injunction under sub. (5) (d).
SB144-SA2,3,1110
(c) An order issued under par. (a) that prohibits a respondent from possessing
11a firearm shall do all of the following:".
SB144-SA2,3,21
15"813.122
(9) (am) If an order prohibiting a respondent from possessing a
16firearm is issued under sub. (5m) or is extended due to the extension under sub. (5)
17(d) of the injunction with which the order was issued, the clerk of the circuit court
18shall notify the department of justice of the existence of the order prohibiting a
19respondent from possessing a firearm and shall provide the department of justice
20with information concerning the period during which the order is in effect and
21information necessary to identify the respondent".
SB144-SA2,4,4
23"813.125
(4m) Restriction on firearm possession; surrender of firearms. (a)
24If a judge or court commissioner issues an injunction under sub. (4) and the judge or
1court commissioner determines, based on evidence presented at the hearing on the
2issuance of the injunction, that the respondent may use a firearm to cause physical
3harm to another or to endanger public safety, the judge or court commissioner may
4prohibit the respondent from possessing a firearm.
SB144-SA2,4,65
(b) An order prohibiting a respondent from possessing a firearm issued under
6par. (a) remains in effect until the expiration of the injunction issued under sub. (4).
SB144-SA2,4,87
(c) An order issued under par. (a) that prohibits a respondent from possessing
8a firearm shall do all of the following:".
SB144-SA2,4,17
12"813.125
(5r) Notice to department of justice. If an order prohibiting a
13respondent from possessing a firearm is issued under sub. (4m), the clerk of the
14circuit court shall notify the department of justice of the existence of the order
15prohibiting a respondent from possessing a firearm and shall provide the
16department of justice with information concerning the period during which the order
17is in effect and information neces-".
SB144-SA2,4,21
19"941.29
(1) (f) Ordered not to possess a firearm under s. 813.12 (4m), 813.122
20(5m) or 813.125 (4m) or under an order included in a tribal injunction that has been
21filed under s. 813.12 (9) (a).".
