Amendment SSA1-SB605

2013 - 2014 LEGISLATURE

SENATE SUBSTITUTE AMENDMENT 1, TO SENATE BILL 605

February 17, 2014 - Offered by Senator Petrowski.

SB605-SSA1,1,11 An Act to repeal 813.122 (5m) (am), 813.122 (5m) (aw), 813.122 (5m) (b) and (c), 813.125 (4m) (cm), 813.125 (4m) (cw) and 813.125 (4m) (d) and (e); to renumber 813.122 (2); to renumber and amend 813.12 (4m) (am), 813.12 (4m) (aw), 813.12 (4m) (b), 813.12 (4m) (c) and 813.125 (4) (a) 2.; to amend 48.25 (6), 813.12 (3) (c), 813.12 (4m) (a) 1., 813.12 (4m) (a) 2., 813.122 (4) (c), 813.122 (5m) (a) 1., 813.122 (5m) (a) 2., 813.125 (3) (c), 813.125 (4m) (c) 1., 813.125 (4m) (c) 2., 813.125 (6) (c) and 938.25 (6); and to create 785.01 (1) (br), 813.12 (2) (c), 813.122 (2) (b), 813.125 (4) (a) 2. a., b. and c., 813.1285 and 818.02 (9) of the statutes; relating to: providing notice of firearm prohibition when serving notice for certain injunction hearings and process for surrendering firearms following the granting of certain injunctions and providing penalties.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB605-SSA1,1 Section 1. 48.25 (6) of the statutes is amended to read:

SB605-SSA1,2,10 48.25 (6) If a proceeding is brought under s. 48.13, any party to or any governmental or social agency involved in the proceeding may petition the court to issue a temporary restraining order and injunction as provided in s. 813.122 or 813.125. The court exercising jurisdiction under this chapter shall follow the procedure under s. 813.122 or 813.125 except that the court may combine hearings authorized under s. 813.122 or 813.125 and this chapter, the petitioner for the temporary restraining order and injunction is not subject to the limitations under s. 813.122 (2) (a) or 813.125 (2) and no fee is required regarding the filing of the petition under s. 813.122 or 813.125.

SB605-SSA1,2 Section 2. 785.01 (1) (br) of the statutes is created to read:

SB605-SSA1,2,12 785.01 (1) (br) Violation of an order under s. 813.1285 (4) (b) 2.;

SB605-SSA1,3 Section 3. 813.12 (2) (c) of the statutes is created to read:

SB605-SSA1,2,16 813.12 (2) (c) When the respondent is served with the petition under this subsection, the person who serves the respondent shall also provide the respondent all of the following information:

SB605-SSA1,2,18 1. Notice of the requirements and penalties under s. 941.29 (1) (f) and (2) (e) and notice of any similar applicable federal laws and penalties.

SB605-SSA1,2,21 2. An explanation of s. 813.1285, including the procedures for surrendering a firearm and the circumstances listed under s. 813.1285 under which a respondent must appear at a hearing to surrender firearms.

SB605-SSA1,2,23 3. A firearm possession form developed under s. 813.1285 (5) (a), with instructions for completing and returning the form.

SB605-SSA1,4 Section 4. 813.12 (3) (c) of the statutes is amended to read:

SB605-SSA1,3,9 813.12 (3) (c) The temporary restraining order is in effect until a hearing is held on issuance of an injunction under sub. (4), except that the court may extend the temporary restraining order under s. 813.1285. The temporary restraining order is not voided if the respondent is admitted into a dwelling that the order directs him or her to avoid. A judge or circuit court commissioner shall hold a hearing on issuance of an injunction within 14 days after the temporary restraining order is issued, unless the time is extended upon the written consent of the parties or extended once for 14 days 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.

SB605-SSA1,5 Section 5. 813.12 (4m) (a) 1. of the statutes is amended to read:

SB605-SSA1,3,13 813.12 (4m) (a) 1. Inform the respondent named in the petition of the requirements and penalties under s. 941.29 and any similar applicable federal laws and penalties.

SB605-SSA1,6 Section 6. 813.12 (4m) (a) 2. of the statutes is amended to read:

SB605-SSA1,4,2 813.12 (4m) (a) 2. Except as provided in par. (ag), require in writing the respondent to surrender any firearms that he or she owns or has in his or her possession to the sheriff of the county in which the action under this section was commenced, to the sheriff of the county in which the respondent resides or to another person designated by the respondent and approved by the judge or circuit court commissioner. The judge or circuit court commissioner shall approve the person designated by the respondent unless the judge or circuit court commissioner finds that the person is inappropriate and places the reasons for the finding on the record. If a firearm is surrendered to a person designated by the respondent and approved by the judge or circuit court commissioner, the judge or circuit court commissioner shall inform the person to whom the firearm is surrendered of the requirements and penalties under s. 941.29 (4), in accordance with s. 813.1285.

SB605-SSA1,7 Section 7. 813.12 (4m) (am) of the statutes is renumbered 813.1285 (6) and amended to read:

SB605-SSA1,4,10 813.1285 (6) (a) When a respondent surrenders a firearm under par. (a) 2. sub. (3) (a) 2. or (4) (b) 2. to a sheriff, the sheriff who is receiving the firearm shall prepare a receipt for each firearm surrendered to him or her. The receipt shall include the date on which the firearm was surrendered and the manufacturer, model, and serial number of the firearm surrendered to the sheriff and shall be signed by the respondent and by the sheriff to whom the firearm is surrendered.

SB605-SSA1,4,16 (b) The sheriff shall keep the original of a receipt prepared under subd. 1. par. (a) and shall provide an exact copy 2 copies of the receipt to the respondent. The respondent shall provide one copy of the receipt to the clerk of courts within 48 hours of the order to surrender firearms. When the firearm covered by the receipt is returned to the respondent under par. (b) sub. (7), the sheriff shall surrender to the respondent the original receipt and all of his or her copies of the receipt.

SB605-SSA1,4,19 (c) A receipt prepared under subd. 1. par. (a) is conclusive proof that the respondent owns the firearm for purposes of returning the firearm covered by the receipt to the respondent under par. (b) sub. (7).

SB605-SSA1,4,23 (d) The sheriff may not enter any information contained on a receipt prepared under subd. 1. par. (a) into any computerized or direct electronic data transfer system in order to store the information or, except as provided in par. (b), disseminate or provide access to the information.

SB605-SSA1,8 Section 8. 813.12 (4m) (aw) of the statutes is renumbered 813.1285 (6) (e) 1. and amended to read:

SB605-SSA1,5,5 813.1285 (6) (e) 1. A sheriff may store a firearm surrendered to him or her under par. (a) 2. sub. (3) (a) 2. or (4) (b) 2. in a warehouse that is operated by a public warehouse keeper licensed under ch. 99. If a sheriff stores a firearm at a warehouse under this paragraph subdivision, the respondent shall pay the costs charged by the warehouse for storing that firearm.

SB605-SSA1,9 Section 9. 813.12 (4m) (b) of the statutes is renumbered 813.1285 (7) (a), and 813.1285 (7) (a) (intro.) and 1., as renumbered, are amended to read:

SB605-SSA1,5,11 813.1285 (7) (a) (intro.) A firearm surrendered under par. (a) 2. this section may not be returned to the respondent until the respondent completes a petition for the return of firearms and a judge or circuit court commissioner determines all of the following:

SB605-SSA1,5,13 1. That the injunction issued under sub. (4) has been vacated or has expired and not been extended.

SB605-SSA1,10 Section 10. 813.12 (4m) (c) of the statutes is renumbered 813.1285 (7) (b) and amended to read:

SB605-SSA1,5,25 813.1285 (7) (b) If a respondent surrenders a firearm under par. (a) 2. this section 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).

SB605-SSA1,11 Section 11. 813.122 (2) of the statutes is renumbered 813.122 (2) (a).

SB605-SSA1,12 Section 12. 813.122 (2) (b) of the statutes is created to read:

SB605-SSA1,6,5 813.122 (2) (b) When the respondent is served with the petition under this subsection, the person who serves the respondent shall also provide the respondent with all of the following information:

SB605-SSA1,6,7 1. Notice of the requirements and penalties under s. 941.29 (1) (f) and (2) (e) and notice of any similar applicable federal laws and penalties.

SB605-SSA1,6,10 2. An explanation of s. 813.1285, including the procedures for surrendering a firearm and the circumstances listed under s. 813.1285 under which a respondent must appear at a hearing to surrender firearms.

SB605-SSA1,6,12 3. A firearm possession form developed under s. 813.1285 (5) (a), with instructions for completing and returning the form.

SB605-SSA1,13 Section 13 . 813.122 (4) (c) of the statutes is amended to read:

SB605-SSA1,6,21 813.122 (4) (c) The temporary restraining order is in effect until a hearing is held on issuance of an injunction under sub. (5), except that the court may extend the temporary restraining order under s. 813.1285. A judge shall hold a hearing on issuance of an injunction within 14 days after the temporary restraining order is issued, unless the time is extended upon the written consent of the parties or extended once for 14 days 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.

SB605-SSA1,14 Section 14. 813.122 (5m) (a) 1. of the statutes is amended to read:

SB605-SSA1,6,25 813.122 (5m) (a) 1. Inform the respondent named in the petition of the requirements and penalties under s. 941.29 and any similar applicable federal laws and penalties.

SB605-SSA1,15 Section 15. 813.122 (5m) (a) 2. of the statutes is amended to read:

SB605-SSA1,7,13 813.122 (5m) (a) 2. Except as provided in par. (ag), require in writing the respondent to surrender any firearms that he or she owns or has in his or her possession to the sheriff of the county in which the action under this section was commenced, to the sheriff of the county in which the respondent resides or to another person designated by the respondent and approved by the judge or circuit court commissioner. The judge or circuit court commissioner shall approve the person designated by the respondent unless the judge or circuit court commissioner finds that the person is inappropriate and places the reasons for the finding on the record. If a firearm is surrendered to a person designated by the respondent and approved by the judge or circuit court commissioner, the judge or circuit court commissioner shall inform the person to whom the firearm is surrendered of the requirements and penalties under s. 941.29 (4), in accordance with s. 813.1285.

SB605-SSA1,16 Section 16. 813.122 (5m) (am) of the statutes is repealed.

SB605-SSA1,17 Section 17. 813.122 (5m) (aw) of the statutes is repealed.

SB605-SSA1,18 Section 18. 813.122 (5m) (b) and (c) of the statutes are repealed.

SB605-SSA1,19 Section 19 . 813.125 (3) (c) of the statutes is amended to read:

SB605-SSA1,7,25 813.125 (3) (c) The temporary restraining order is in effect until a hearing is held on issuance of an injunction under sub. (4), except that the court may extend the temporary restraining order under s. 813.1285. A judge or circuit court commissioner shall hold a hearing on issuance of an injunction within 14 days after the temporary restraining order is issued, unless the time is extended upon the written consent of the parties or extended once for 14 days 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.

SB605-SSA1,20 Section 20. 813.125 (4) (a) 2. of the statutes is renumbered 813.125 (4) (a) 2. (intro.) and amended to read:

SB605-SSA1,8,10 813.125 (4) (a) 2. (intro.) The petitioner serves upon the respondent a copy of a restraining order obtained under sub. (3) and notice of the time for the hearing on the issuance of the injunction under sub. (3) (c). The restraining order or notice of hearing served under this subdivision shall inform the respondent that, if the judge or circuit court commissioner issues an injunction, the judge or circuit court commissioner may also order the respondent not to possess a firearm while the injunction is in effect. The person who serves the respondent with the order or notice shall also provide the respondent with all of the following information:

SB605-SSA1,21 Section 21. 813.125 (4) (a) 2. a., b. and c. of the statutes are created to read:

SB605-SSA1,8,13 813.125 (4) (a) 2. a. Notice of the requirements and penalties under s. 941.29 (1) (g) and (2) (d) and notice of any similar applicable federal laws and penalties.

SB605-SSA1,8,16 b. An explanation of s. 813.1285, including the procedures for surrendering a firearm and the circumstances listed under s. 813.1285 under which a respondent must appear at a hearing to surrender firearms.

SB605-SSA1,8,18 c. A firearm possession form developed under s. 813.1285 (5) (a), with instructions for completing and returning the form.

SB605-SSA1,22 Section 22. 813.125 (4m) (c) 1. of the statutes is amended to read:

SB605-SSA1,8,22 813.125 (4m) (c) 1. Inform the respondent named in the petition of the requirements and penalties under s. 941.29 and any similar applicable federal laws and penalties.

SB605-SSA1,23 Section 23. 813.125 (4m) (c) 2. of the statutes is amended to read:

SB605-SSA1,9,10 813.125 (4m) (c) 2. Except as provided in par. (cg), require in writing the respondent to surrender any firearms that he or she owns or has in his or her possession to the sheriff of the county in which the action under this section was commenced, to the sheriff of the county in which the respondent resides or to another person designated by the respondent and approved by the judge or circuit court commissioner. The judge or circuit court commissioner shall approve the person designated by the respondent unless the judge or circuit court commissioner finds that the person is inappropriate and places the reasons for the finding on the record. If a firearm is surrendered to a person designated by the respondent and approved by the judge or circuit court commissioner, the judge or circuit court commissioner shall inform the person to whom the firearm is surrendered of the requirements and penalties under s. 941.29 (4), in accordance with s. 813.1285.

SB605-SSA1,24 Section 24. 813.125 (4m) (cm) of the statutes is repealed.

SB605-SSA1,25 Section 25. 813.125 (4m) (cw) of the statutes is repealed.

SB605-SSA1,26 Section 26. 813.125 (4m) (d) and (e) of the statutes are repealed.

SB605-SSA1,27 Section 27. 813.125 (6) (c) of the statutes is amended to read:

SB605-SSA1,9,20 813.125 (6) (c) A respondent who does not appear at a hearing at which the court orders an injunction under sub. (4) but who has been served with a copy of the petition and notice of the time for hearing under sub. (4) (a) 2. that includes the information required under sub. (4) (a) 2. a., b., and c. has constructive knowledge of the existence of the injunction and shall be arrested for violation of the injunction regardless of whether he or she has been served with a copy of the injunction.

SB605-SSA1,28 Section 28. 813.1285 of the statutes is created to read:

SB605-SSA1,9,23 813.1285 Notice and process for firearm surrender. (1) Definitions. In this section:

SB605-SSA1,9,24 (a) "Firearm possession form" means the form developed under sub. (5) (a).

SB605-SSA1,10,4 (am) "Injunction" means an injunction issued under s. 813.12 (4) or 813.122 (5), or, if the court has required the individual to surrender his or her firearms under s. 813.125 (4m), under s. 813.125 (4). "Injunction" includes an injunction that has been stayed under this section.

SB605-SSA1,10,6 (b) "Petitioner" means an individual who is applying for, or for whom a court has granted, an injunction.

SB605-SSA1,10,8 (c) "Petition for the return of firearms" means a petition developed under sub. (5) (b).

SB605-SSA1,10,9 (d) "Respondent" means the individual who is the subject of an injunction.

SB605-SSA1,10,10 (e) "Surrender and extend order" means an order under sub. (1g).

SB605-SSA1,10,12 (1g) Surrender and extend order. If the court issues a surrender and extend order, the court shall do all of the following:

SB605-SSA1,10,15 (a) Order the respondent to surrender, within a period that is no longer than 48 hours, any firearm that he or she owns or possesses to the sheriff or, in the court's discretion, to another person.

SB605-SSA1,10,17 (b) Order that the respondent may possess or transport a firearm only for the purpose of complying with par. (a).

SB605-SSA1,10,20 (c) If the court stays an injunction, order the respondent subject to a temporary restraining order during the stay of the injunction and extend the temporary restraining order for a period of 48 hours for the purpose of firearm surrender.

SB605-SSA1,10,22 (d) Inform the respondent when the injunction will take effect and the penalty for possessing a firearm while the injunction is in effect.

SB605-SSA1,10,23 (e) Instruct the respondent how to surrender any firearm.

SB605-SSA1,10,25 (f) If appropriate, order the respondent to attend a hearing to surrender firearms.

SB605-SSA1,11,4 (1m) Temporary restraining orders. If the court is required to extend a temporary restraining order under this section, and a temporary restraining order was not previously granted, the court shall, on its own motion, reconsider and grant the temporary restraining order.

SB605-SSA1,11,11 (2) Firearm possession determination. (a) If the respondent is present at the injunction hearing, the court shall stay the injunction for a period not to exceed 48 hours and shall extend the temporary restraining order for 48 hours for the purpose of firearm surrender. The respondent shall provide the court a completed firearm possession form. The court shall verify the information on the firearm possession form and shall make an inquiry on the record as to the contents of the firearm possession form.

SB605-SSA1,11,19 (b) If the respondent is not present at the injunction hearing, the court shall provide the petitioner with an opportunity to inform the court orally or in writing whether he or she believes that the respondent possesses a firearm. If the petitioner informs the court that the respondent possesses a firearm, the court shall request the petitioner to inform the court orally or in writing how many firearms he or she believes the respondent possesses, the make and model of any firearm he or she believes the respondent possesses, and the location of any firearm he or she believes the respondent possesses.

SB605-SSA1,11,24 (c) 1. If the firearm possession form submitted to the court under par. (a) or (b) indicates the respondent does not possess a firearm, and the court, after an inquiry, is satisfied that the respondent does not possess a firearm, the court shall file the firearm possession form, lift the stay of the injunction, and dismiss the temporary restraining order extended under par. (a).

SB605-SSA1,12,6 2. If, under par. (a), the firearm possession form submitted to the court indicates the respondent possesses a firearm, and the respondent has not surrendered his or her firearm as described under sub. (3) (a), the court shall continue to stay the injunction as provided under par. (a) for a period not to exceed 48 hours, issue a surrender and extend order, and schedule a hearing to surrender firearms to occur within one week of the injunction hearing.

SB605-SSA1,12,10 3. If, under par. (b), the petitioner indicates that the respondent possesses a firearm or if the court is not satisfied under subd. 1. that the respondent does not possess a firearm, the court shall schedule a hearing to surrender firearms to occur within one week of the injunction hearing. The court shall do one of the following: