LRBa1839/1
CMH:wlj:jm
2013 - 2014 LEGISLATURE
SENATE AMENDMENT 1,
TO SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 605
February 17, 2014 - Offered by Senator Petrowski.
SB605-SSA1-SA1,1,11 At the locations indicated, amend the substitute amendment as follows:
SB605-SSA1-SA1,1,2 21. Page 2, line 10: after that line insert:
SB605-SSA1-SA1,1,4 3" Section 1d. 165.63 (3) and (4) (d) of the statutes, as created by 2013 Wisconsin
4Act .... (Assembly Bill 727), are amended to read:
SB605-SSA1-SA1,1,95 165.63 (3) Requests for injunctions. In making a determination required
6under s. 813.12 (4m) (b), 813.122 (5m) (b), 813.123 (5m) (g), or 813.125 (4m) (d)
7813.1285 (7) (a), a judge or court commissioner shall request information under sub.
8(2) from the department or from a law enforcement agency or law enforcement officer
9as provided in sub. (4) (d).
SB605-SSA1-SA1,1,11 10(4) (d) Aid the court in making a determination required under s. 813.12 (4m)
11(b), 813.122 (5m) (b), 813.123 (5m) (g), or 813.125 (4m) (d)
813.1285 (7) (a).".
SB605-SSA1-SA1,1,12 122. Page 7, line 16: after that line insert:
SB605-SSA1-SA1,2,1
1" Section 18g. 813.123 (4) (c) of the statutes is amended to read:
SB605-SSA1-SA1,2,92 813.123 (4) (c) The temporary restraining order is in effect until a hearing is
3held on issuance of an injunction under sub. (5), except that the court may extend the
4temporary restraining order under s. 813.1285
. A judge shall hold a hearing on
5issuance of an injunction within 14 days after the temporary restraining order is
6issued, unless the time is extended upon the written consent of the parties or
7extended once for 14 days upon a finding that the respondent has not been served
8with a copy of the temporary restraining order although the petitioner has exercised
9due diligence.
SB605-SSA1-SA1,18i 10Section 18i. 813.123 (5) (a) 2. of the statutes is renumbered 813.123 (5) (a) 2.
11(intro.) and amended to read:
SB605-SSA1-SA1,2,1912 813.123 (5) (a) 2. (intro.) The petitioner serves upon the respondent a copy of
13the petition and notice of the time for hearing on the issuance of the injunction, or
14the respondent serves upon the petitioner notice of the time for hearing on the
15issuance of the injunction. The notice served under this subdivision shall inform the
16respondent that, if the judge or circuit court commissioner issues an injunction, the
17judge or circuit court commissioner may also order the respondent not to possess a
18firearm while the injunction is in effect. The person who serves the respondent with
19the notice shall also provide the respondent with all of the following information:
SB605-SSA1-SA1,18k 20Section 18k. 813.123 (5) (a) 2. a., b. and c. of the statutes are created to read:
SB605-SSA1-SA1,2,2221 813.123 (5) (a) 2. a. Notice of the requirements and penalties under s. 941.29
22(1) (g) and (2) (d) and notice of any similar applicable federal laws and penalties.
SB605-SSA1-SA1,2,2523 b. An explanation of s. 813.1285, including the procedures for surrendering a
24firearm and the circumstances listed under s. 813.1285 under which a respondent
25must appear at a hearing to surrender firearms.
SB605-SSA1-SA1,3,2
1c. A firearm possession form developed under s. 813.1285 (5) (a), with
2instructions for completing and returning the form.
SB605-SSA1-SA1,18n 3Section 18n. 813.123 (5m) (c) 1. of the statutes, as created by 2013 Wisconsin
4Act .... (Assembly Bill 727), is amended to read:
SB605-SSA1-SA1,3,75 813.123 (5m) (c) 1. Inform the respondent named in the petition of the
6requirements and penalties under s. 941.29 and any similar applicable federal laws
7and penalties
.
SB605-SSA1-SA1,18p 8Section 18p. 813.123 (5m) (c) 2. of the statutes, as created by 2013 Wisconsin
9Act .... (Assembly Bill 727), is amended to read:
SB605-SSA1-SA1,3,2110 813.123 (5m) (c) 2. Except as provided in par. (d), require in writing the
11respondent to surrender any firearms that he or she owns or has in his or her
12possession to the sheriff of the county in which the action under this section was
13commenced, to the sheriff of the county in which the respondent resides, or to another
14person designated by the respondent and approved by the judge or circuit court
15commissioner. The judge or circuit court commissioner shall approve the person
16designated by the respondent unless the judge or circuit court commissioner finds
17that the person is inappropriate and places the reasons for the finding on the record.
18If a firearm is surrendered to a person designated by the respondent and approved
19by the judge or circuit court commissioner, the judge or circuit court commissioner
20shall inform the person to whom the firearm is surrendered of the requirements and
21penalties under s. 941.29 (4)
, in accordance with s. 813.1285.
SB605-SSA1-SA1,18r 22Section 18r. 813.123 (5m) (e), (f), (g) and (h) of the statutes, as created by 2013
23Wisconsin Act .... (Assembly Bill 727), are repealed.
SB605-SSA1-SA1,18t 24Section 18t. 813.123 (9) (c) of the statutes is amended to read:
SB605-SSA1-SA1,4,6
1813.123 (9) (c) A respondent who does not appear at a hearing at which the
2court orders an injunction under sub. (5) but who has been served with a copy of the
3petition and notice of the time for hearing under sub. (5) (a) 2. that includes the
4information required under sub. (5) (a) 2. a., b., and c.
has constructive knowledge
5of the existence of the injunction and may be arrested for violation of the injunction
6regardless of whether he or she has been served with a copy of the injunction.".
SB605-SSA1-SA1,4,7 73. Page 10, line 1: delete lines 1 to 4 and substitute:
SB605-SSA1-SA1,4,13 8"(am) "Injunction" means an injunction issued under s. 813.12 (4) or 813.122
9(5); an injunction issued under s. 813.123 if the court has required the individual to
10surrender his or her firearms under s. 813.123 (5m); or an injunction issued under
11s. 813.125 if the court has required the individual to surrender his or her firearms
12under s. 813.125 (4m). "Injunction" includes an injunction that has been stayed
13under this section.".
SB605-SSA1-SA1,4,14 144. Page 16, line 21: after that line insert:
SB605-SSA1-SA1,4,15 15"Adult-at-risk petition".
SB605-SSA1-SA1,4,16 165. Page 19, line 15: after that line insert:
SB605-SSA1-SA1,4,17 17" Section 30g. Nonstatutory provisions.
SB605-SSA1-SA1,5,2 18(1) If 2013 Wisconsin Act .... (Assembly Bill 727), as affected by 2013 Assembly
19Amendment 2 to Assembly Bill 727, is not enacted into law then the treatment of
20sections 165.63 (3) and (4) (d) and 813.123 (4) (c), (5m) (c) 1. and 2., (e), (f), (g), and
21(h), and (9) (c) of the statutes, the renumbering and amendment of section 813.123
22(5) (a) 2. of the statutes, and the creation of section 813.123 (5) (a) 2. a., b. and c. of

1the statutes and items 3. and 4. of assembly amendment .... (LRBa1813/1) to
2Assembly Substitute Amendment 1 to Assembly Bill 464 are void.".
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