ASSEMBLY AMENDMENT 1,
TO ASSEMBLY BILL 464
December 6, 2013 - Offered by Representative Bies.
AB464-AA1,1,11
65. Page 4, line 6: delete the material beginning with "
that" and ending with
7"
commissioner." on line 10 and substitute "that he or she owns or has in his or her
8possession to the sheriff of the county in which the action under this section was
9commenced, to the sheriff of the county in which the respondent resides
, or to another
10person designated by the respondent and approved by the judge or circuit court
11commissioner
.".
AB464-AA1,2,6
17. Page 7, line 12: delete the material beginning with "
that" and ending with
2"
commissioner." on line 16 and substitute "that he or she owns or has in his or her
3possession to the sheriff of the county in which the action under this section was
4commenced, to the sheriff of the county in which the respondent resides
, or to another
5person designated by the respondent and approved by the judge or circuit court
6commissioner
.".
AB464-AA1,2,13
89. Page 8, line 24: delete the material beginning with "that he or she owns
or
9has" and ending with "
commissioner." on page 9, line 3, and substitute "that he or she
10owns or has in his or her possession to the sheriff of the county in which the action
11under this section was commenced, to the sheriff of the county in which the
12respondent resides
, or to another person designated by the respondent and approved
13by the judge or circuit court commissioner
.".
AB464-AA1,2,20
20"6. The court has not opted to use the process under par. (c).".
AB464-AA1,3,2
22"(c) The respondent surrenders his or her firearm to a sheriff as provided under
23par. (b), and a person who appeared at the injunction hearing under s. 813.12 (4),
1813.122 (5), or 813.125 (4), whichever is appropriate, takes possession of the firearm
2from the sheriff, if all of the following apply:
AB464-AA1,3,33
1. Paragraph (a) 4. and 5. apply.
AB464-AA1,3,54
2. The sheriff determines that the person is not prohibited from possessing a
5firearm.".
AB464-AA1,3,13
8"1. If the respondent wants to surrender his or her firearms to a person who is
9not the sheriff and who appears at the hearing to surrender firearms and if the court,
10after considering all relevant factors and input from the petitioner, approves the
11surrender and informs the person to whom the firearms are surrendered of the
12requirements and penalties under s. 941.29 (4), order the respondent to surrender
13his or her firearms in one of the following ways:
AB464-AA1,3,1614
a. To the person, after the person testifies under oath that he or she has received
15the firearms listed on the respondent's firearm possession form and after the court
16determines that the person is not prohibited from possessing a firearm.
AB464-AA1,3,1817
b. To the sheriff, who shall transfer the firearms to the person after determining
18that the person is not prohibited from possessing a firearm.".
AB464-AA1,3,22
20"1m. If the respondent claims to have surrendered all of the firearms subject
21to the order to the sheriff in accordance with sub. (6), verify that the respondent has
22surrendered all such firearms.".
AB464-AA1,4,5
2318. Page 12, line 23: delete the material beginning with "on the respondent's"
24and ending with "court." on page 13, line 2, and substitute "that the court finds the
1respondent owns or possesses to a sheriff in accordance with sub. (6). If the
2respondent has not provided to the court, within 48 hours of the order, a receipt as
3specified in sub. (6) (b) that shows surrender of all of the firearms that were subject
4to the order, the court shall presume the respondent is violating the order and may
5do any of the following:
AB464-AA1,4,66
a. Notify the sheriff of the violation for investigation and appropriate action.
AB464-AA1,4,77
b. Schedule another hearing to surrender firearms under sub. (4).
AB464-AA1,4,98
c. Issue a warrant to the sheriff ordering that the respondent be brought before
9the court to show cause why the respondent should not be held in contempt.".
AB464-AA1,4,13
13"
Section 25h. 818.02 (9) of the statutes is created to read:
AB464-AA1,4,1414
818.02
(9) In a proceeding under s. 813.1285.".