Amendment SSA1-SB464

SB464-SSA1, s. 10 Section 10. 813.125 (2) (b) of the statutes is created to read:

SB464-SSA1,6,12 813.125 (2) (b) Notwithstanding s. 803.01 (3) (a), a child, as defined in s. 813.122 (1) (b), or a parent, stepparent, or legal guardian of a child may be a petitioner under this section.

SB464-SSA1, s. 11 Section 11. 813.125 (2g) of the statutes is created to read:

SB464-SSA1,6,17 813.125 (2g) Appointment of guardian ad litem. The court or circuit court commissioner, on its or his or her own motion, or on the motion of any party, may appoint a guardian ad litem for a child who is the petitioner under this section when justice so requires.

SB464-SSA1, s. 12 Section 12. 813.125 (2m) of the statutes is created to read:

SB464-SSA1,7,2 813.125 (2m) Two-part procedure. If the fee under s. 814.61 (1) for filing a petition under this section is waived under s. 814.61 (1) (e), the 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.

SB464-SSA1, s. 13 Section 13. 813.125 (3) (d) of the statutes is created to read:

SB464-SSA1,7,8 813.125 (3) (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 circuit court shall assist the petitioner with the preparation of the notice and filing of the affidavit of printing.

SB464-SSA1, s. 14 Section 14. 813.125 (3) (e) of the statutes is created to read:

SB464-SSA1,7,13 813.125 (3) (e) The judge or circuit court commissioner may not dismiss or deny granting a temporary restraining order because of the existence of a pending action or of any other court order that bars contact between the parties, nor due to the necessity of verifying the terms of an existing court order.

SB464-SSA1, s. 15 Section 15. 813.125 (4) (aj) of the statutes is created to read:

SB464-SSA1,7,18 813.125 (4) (aj) The judge or circuit court commissioner may not dismiss or deny granting an injunction because of the existence of a pending action or of any other court order that bars contact between the parties, nor due to the necessity of verifying the terms of an existing court order.

SB464-SSA1, s. 16 Section 16. 813.125 (5) (a) 4. of the statutes is created to read:

SB464-SSA1,7,23 813.125 (5) (a) 4. If the petitioner knows of any other court proceeding in which the petitioner is a person affected by a court order or judgment that includes provisions regarding contact with the respondent, any of the following that are known by the petitioner:

SB464-SSA1,7,24 a. The name or type of the court proceeding.

SB464-SSA1,7,25 b. The date of the court proceeding.

SB464-SSA1,8,2 c. The type of provisions regarding contact between the petitioner and respondent.

SB464-SSA1, s. 17 Section 17. 813.125 (5g) (c) of the statutes is created to read:

SB464-SSA1,8,9 813.125 (5g) (c) If an order is issued under this section, upon request by the petitioner the court or circuit court commissioner shall order the sheriff to accompany the petitioner and assist in placing him or her in physical possession of his or her residence or to otherwise assist in executing or serving the temporary restraining order or injunction. The petitioner may, at the petitioner's expense, use a private process server to serve papers on the respondent.

SB464-SSA1, s. 18 Section 18. 813.125 (5g) (d) of the statutes is created to read:

SB464-SSA1,8,13 813.125 (5g) (d) The issuance of an order or injunction under sub. (3) or (4) is enforceable despite the existence of any other criminal or civil order restricting or prohibiting contact.

SB464-SSA1, s. 19 Section 19. 813.125 (5m) of the statutes is amended to read:

SB464-SSA1,8,19 813.125 (5m) Confidentiality of victim's address. The petition under sub. (5) and the court order under sub. (3) or (4) shall may not disclose the address of the alleged victim. The petitioner shall provide the clerk of circuit court with the petitioner's address when he or she files a petition under this section. The clerk shall maintain the petitioner's address in a confidential manner.

SB464-SSA1, s. 20 Section 20. 813.126 of the statutes is created to read:

SB464-SSA1,9,3 813.126 New hearing. If a party seeks to have the judge conduct a hearing de novo under s. 757.69 (8) of a determination, order, or ruling entered by a court commissioner in an action under s. 813.12, 813.122, 813.123, or 813.125, including a denial of a request for a temporary restraining order, the motion requesting the hearing must be filed with the court within 15 days after the circuit court commissioner issued the determination, order, or ruling. The court shall hold the de novo hearing within 30 days after the motion requesting the hearing is filed with the court unless the court finds good cause for an extension.

SB464-SSA1, s. 21 Section 21. Initial applicability.

SB464-SSA1,9,6 (1) This act first applies to petitions filed with the circuit court on the effective date of this subsection.

SB464-SSA1, s. 22 Section 22. Effective date.

SB464-SSA1,9,9 (1) This act takes effect on the first day of the 4th month beginning after publication.

SB464-SSA1,9,10 (End)