Amendment AA2-SSA2-AB843

AB843-SSA2-AA2,41 Section 41. 175.35 (2t) (a), (b) and (c) of the statutes are amended to read:

AB843-SSA2-AA2,16,21 175.35 (2t) (a) Transfers of any handgun firearm classified as an antique by regulations of the U.S. department of the treasury.

AB843-SSA2-AA2,16,23 (b) Transfers of any handgun firearm between firearms dealers or between wholesalers and dealers.

AB843-SSA2-AA2,16,25 (c) Transfers of any handgun firearm to law enforcement or armed services agencies.

AB843-SSA2-AA2,42 Section 42. 175.60 (7) (d) of the statutes is amended to read:

AB843-SSA2-AA2,17,3 175.60 (7) (d) A fee for a background check that is equal to the fee charged under s. 175.35 (2i) (a).

AB843-SSA2-AA2,43 Section 43. 175.60 (9g) (a) 2. of the statutes is amended to read:

AB843-SSA2-AA2,17,22 175.60 (9g) (a) 2. The department shall conduct a criminal history record search and shall search its records and conduct a search in the national instant criminal background check system to determine whether the applicant is prohibited from possessing a firearm under federal law; whether the applicant is prohibited from possessing a firearm under s. 941.29; whether the applicant is prohibited from possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats.; whether the applicant has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a); whether the applicant is subject to an injunction under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under s. 941.29 and that has been filed with the circuit court under s. 813.128 (3g); and whether the applicant is prohibited from possessing a firearm under s. 813.123 (5m), 813.124 (3) or (4), or 813.125 (4m); and to determine if the court has prohibited the applicant from possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c) and if the applicant is prohibited from possessing a dangerous weapon as a condition of release under s. 969.01.

AB843-SSA2-AA2,44 Section 44. 175.60 (15) (b) 4. b. of the statutes is amended to read:

AB843-SSA2-AA2,17,25 175.60 (15) (b) 4. b. A fee for a background check that is equal to the fee charged under s. 175.35 (2i) (a).

AB843-SSA2-AA2,45 Section 45. 757.69 (1) (j) of the statutes is amended to read:

AB843-SSA2-AA2,18,3 757.69 (1) (j) Hold hearings, make findings and issue temporary restraining orders under s. 813.122 or, 813.123 , or 813.124.

AB843-SSA2-AA2,46 Section 46. 801.50 (5s) of the statutes is amended to read:

AB843-SSA2-AA2,18,7 801.50 (5s) Venue of an action under s. 813.122 , 813.124, or 813.125 shall be in the county in which the cause of action arose or where the petitioner or the respondent resides.

AB843-SSA2-AA2,47 Section 47. 813.06 of the statutes is amended to read:

AB843-SSA2-AA2,18,17 813.06 Security for damages. In proceedings under s. 767.225 the court or judge may, and in all other proceedings except proceedings under ss. 813.12, 813.122, 813.124, 813.125 and 823.113 the court or judge shall, require a bond of the party seeking an injunction, with sureties, to the effect that he or she will pay to the party enjoined such damages, not exceeding an amount to be specified, as he or she may sustain by reason of the injunction if the court finally decides that the party was not entitled thereto. Copies of such bond, affidavit or other pleading shall be served upon the party enjoined and the officer serving the same shall, within 8 days after such service, file his or her return in the office of the clerk of the court.

AB843-SSA2-AA2,48 Section 48. 813.124 of the statutes is created to read:

AB843-SSA2-AA2,18,20 813.124 Lethal violence protective orders and injunctions. (1) Definitions. In this section:

AB843-SSA2-AA2,18,21 (a) “Firearms dealer" has the meaning given in s. 175.35 (1) (ar).

AB843-SSA2-AA2,18,22 (b) “Law enforcement officer” has the meaning given in s. 165.85 (2) (c).

AB843-SSA2-AA2,18,24 (c) “Reasonable grounds" means more likely than not that a specific event will occur.

AB843-SSA2-AA2,19,19 (2) Commencement of action and response. (a) No action under this section may be commenced by complaint and summons. An action under this section may be commenced only by a petition described under sub. (5) (a). The action commences with the sheriff serving the petition on the respondent if a copy of the petition is filed before service or promptly after service. If the judge or a circuit court commissioner extends the time for a hearing under sub. (3) (c) and the petitioner files an affidavit with the court stating that personal service by the sheriff under s. 801.11 (1) (a) or (b) was unsuccessful because the respondent is avoiding service by concealment or otherwise, the judge or circuit court commissioner shall inform the petitioner that he or she may serve the respondent by publication of a summary of the petition as a class 1 notice, under ch. 985, and by mailing or sending a facsimile if the respondent's post-office address or facsimile number is known or can with due diligence be ascertained. The mailing or sending of a facsimile may be omitted if the post-office address or facsimile number cannot be ascertained with due diligence. A summary of the petition published as a class 1 notice shall include the name of the respondent and of the petitioner, notice of the temporary restraining order, and notice of the date, time, and place of the hearing regarding the injunction. The court shall inform the petitioner in writing that the petitioner should contact the sheriff to verify the proof of service of the petition.

AB843-SSA2-AA2,19,22 (b) Section 813.06 does not apply to an action under this section. The respondent may respond to the petition either in writing before or at the hearing on the issuance of the injunction or orally at that hearing.

AB843-SSA2-AA2,19,25 (c) When the respondent is served with the petition under this subsection, the respondent shall be provided notice of the requirements and penalties under s. 941.29.

AB843-SSA2-AA2,20,7 (2m) Two-part procedure. 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.

AB843-SSA2-AA2,20,13 (3) Temporary restraining order. (a) 1. A judge or circuit court commissioner shall issue a temporary restraining order prohibiting the respondent from possessing a firearm and ordering the respondent to surrender all of his or her firearms if the judge or circuit court commissioner finds reasonable grounds to believe that the respondent is substantially likely to injure himself or herself or another person if the respondent possesses a firearm.

AB843-SSA2-AA2,20,15 2. The judge or circuit court commissioner shall base the finding under subd. 1. on the following:

AB843-SSA2-AA2,20,16 a. Any testimony.

AB843-SSA2-AA2,20,17 b. The petition.

AB843-SSA2-AA2,20,19 c. A recent threat of violence or act of violence by the respondent directed toward himself or herself or another person.

AB843-SSA2-AA2,20,22 d. A pattern of violent acts or violent threats by the respondent within the past 12 months, including threats of violence or acts of violence directed toward himself or herself or another person.

AB843-SSA2-AA2,20,24 3. The judge or circuit court commissioner may base the finding under subd. 1. on any factors in addition to those under subd. 2., including any of the following:

AB843-SSA2-AA2,21,2 a. Any unlawful or reckless use, display, or brandishing of a firearm by the respondent.

AB843-SSA2-AA2,21,4 b. The respondent's history of use, attempted use, or threatened use of physical force against himself or herself or another person.

AB843-SSA2-AA2,21,5 c. A prior arrest of the respondent for a felony.

AB843-SSA2-AA2,21,6 d. Evidence that the respondent has abused controlled substances or alcohol.

AB843-SSA2-AA2,21,8 e. Evidence that the respondent has recently acquired firearms, ammunition, or other dangerous weapons.

AB843-SSA2-AA2,21,9 (am) The order issued under par. (a) requires one of the following:

AB843-SSA2-AA2,21,15 1. If the respondent is present at the hearing, the respondent to immediately surrender all firearms that he or she has in his or her possession to the sheriff of the county in which the action under this section was commenced or to the sheriff of the county in which the respondent resides. The sheriff to whom the firearms are surrendered may, at the request of the respondent, arrange for the sale of the firearms to a firearms dealer.

AB843-SSA2-AA2,21,16 2. One of the following:

AB843-SSA2-AA2,21,21 a. If the respondent is not present at the hearing and the sheriff personally serves the respondent with the order issued under par. (a), the sheriff to request the respondent to immediately surrender all firearms in his or her possession. The sheriff may, at the request of the respondent, arrange for the sale of the firearms to a firearms dealer.

AB843-SSA2-AA2,22,3 b. If the respondent is not present at the hearing and the sheriff does not personally serve the respondent with the order issued under par. (a), the respondent to, within 24 hours of service, surrender all firearms in his or her possession to the sheriff or sell all firearms in his or her possession to a firearms dealer. Within 48 hours of service, the respondent shall file with the court that issued the order under par. (a) a receipt from the sheriff or firearms dealer indicating that the respondent surrendered the firearms.

AB843-SSA2-AA2,22,7 (an) If the respondent does not comply with par. (am) and a law enforcement officer has probable cause to believe that the respondent possesses a firearm, the law enforcement officer shall request a search warrant to seize the firearms and may use information contained in the petition to establish probable cause.

AB843-SSA2-AA2,22,10 (b) Notice need not be given to the respondent before issuing a temporary restraining order under this subsection. A temporary restraining order may be entered only against the respondent named in the petition.

AB843-SSA2-AA2,22,19 (c) A temporary restraining order issued under this subsection is in effect until a hearing is held on issuance of an injunction under sub. (4). A judge or circuit court commissioner shall hold a hearing on issuance of an injunction under sub. (4) within 14 days after the temporary restraining order is issued, unless the time is extended once for up to 14 days upon the written consent of the parties or 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. A judge or court commissioner may not extend the temporary restraining order in lieu of ruling on the issuance of an injunction.

AB843-SSA2-AA2,22,24 (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 the circuit court shall assist the petitioner with the preparation of the notice and filing of the affidavit of printing.

AB843-SSA2-AA2,23,4 (4) Injunction. (a) A judge may grant an injunction prohibiting the respondent from possessing a firearm and, if the respondent was not subject to a temporary restraining order under sub. (3), ordering the respondent to surrender his or her firearms if all of the following occur:

AB843-SSA2-AA2,23,6 1. The petitioner files a petition alleging the elements set forth under sub. (5) (a).

AB843-SSA2-AA2,23,10 2. The petitioner serves upon the respondent a copy or summary of the petition and notice of the time for hearing on the issuance of the injunction, or the respondent serves upon the petitioner notice of the time for hearing on the issuance of the injunction.

AB843-SSA2-AA2,23,13 3. The judge finds reasonable grounds to believe that the respondent is substantially likely to injure himself or herself or another person if the respondent possesses a firearm.

AB843-SSA2-AA2,23,15 4. The judge or circuit court commissioner shall base the finding under subd. 3. on the following:

AB843-SSA2-AA2,23,16 a. Any testimony.

AB843-SSA2-AA2,23,17 b. The petition.

AB843-SSA2-AA2,23,19 c. Any recent threat of violence or act of violence by the respondent directed toward himself or herself or another person.

AB843-SSA2-AA2,23,22 d. Any pattern of violent acts or violent threats by the respondent within the past 12 months, including threats of violence or acts of violence directed toward himself or herself or another person.

AB843-SSA2-AA2,23,24 5. The judge or circuit court commissioner may base the finding under subd. 3. on any factors in addition to those under subd. 4., including any of the following:

AB843-SSA2-AA2,24,2 a. Any unlawful or reckless use, display, or brandishing of a firearm by the respondent.

AB843-SSA2-AA2,24,4 b. The respondent's history of use, attempted use, or threatened use of physical force against himself or herself or another person.

AB843-SSA2-AA2,24,5 c. A prior arrest of the respondent for a felony.

AB843-SSA2-AA2,24,6 d. Evidence that the respondent has abused controlled substances or alcohol.

AB843-SSA2-AA2,24,8 e. Evidence that the respondent has recently acquired firearms, ammunition, or other dangerous weapons.

AB843-SSA2-AA2,24,10 (b) The judge may enter an injunction only against the respondent named in the petition.

AB843-SSA2-AA2,24,12 (c) 1. An injunction under this subsection is effective for 180 days unless a judge vacates the injunction under par. (d).

AB843-SSA2-AA2,24,17 2. When an injunction expires, the court shall extend the injunction, upon petition, for 180 days if the judge finds reasonable grounds to believe that the respondent is substantially likely to injure himself or herself or another person if the respondent possesses a firearm. There is no limit to the number of extensions that may be made under this subdivision.

AB843-SSA2-AA2,24,24 (d) A respondent who is subject to an injunction that has been extended under par. (c) may request a judge to vacate the injunction during any injunction period other than the initial injunction period. If a respondent files a request under this paragraph, the petitioner shall be notified of the request before the judge considers the request. The judge shall vacate the injunction if the judge does not find reasonable grounds to believe that the respondent is substantially likely to injure himself or herself or another person if the respondent possesses a firearm.

AB843-SSA2-AA2,25,2 (e) An injunction issued under this subsection shall inform the respondent named in the petition of the requirements and penalties under s. 941.29.

AB843-SSA2-AA2,25,3 (5) Petition. (a) The petition shall allege facts sufficient to show the following:

AB843-SSA2-AA2,25,5 1. The name of the petitioner and, unless the petitioner is a law enforcement officer, his or her relationship to the respondent, as provided under par. (c) 2. to 7.

AB843-SSA2-AA2,25,6 2. The name of the respondent.

AB843-SSA2-AA2,25,8 3. That the respondent is substantially likely to injure himself or herself or another person if the respondent possesses a firearm.

AB843-SSA2-AA2,25,12 4. The name of at least one adult who has personal knowledge of the conduct of the respondent, who is not the petitioner, and who is able to testify that the respondent is substantially likely to injure himself or herself or another person if the respondent possesses a firearm.

AB843-SSA2-AA2,25,14 5. If the petitioner knows, the number, types, and locations of any firearms that the respondent possesses.

AB843-SSA2-AA2,25,16 (b) The clerk of the circuit court shall provide simplified forms to help a person file a petition.

AB843-SSA2-AA2,25,18 (c) Only the following persons may prepare and file a petition under this section:

AB843-SSA2-AA2,25,19 1. A law enforcement officer.

AB843-SSA2-AA2,25,20 2. A spouse, sibling, parent, or child of the respondent.

AB843-SSA2-AA2,25,21 3. A household member, as defined in s. 813.12 (1) (c), of the respondent.

AB843-SSA2-AA2,25,23 4. A person with whom the respondent has or had a dating relationship, as defined in s. 813.12 (1) (ag).

AB843-SSA2-AA2,26,2 5. An adult who is a close friend of the respondent. A court shall determine if an adult is a close friend by considering the length of the relationship, the type of the relationship, and the frequency of the interaction between the adult individuals involved in the relationship.

AB843-SSA2-AA2,26,3 6. A coworker of the respondent.

AB843-SSA2-AA2,26,6 7. A resident assistant employed by a postsecondary institution if the resident assistant would have necessary knowledge of the respondent, as determined by the court.

AB843-SSA2-AA2,26,14 (6) Enforcement assistance. (a) 1. If an injunction is issued, extended, or vacated under sub. (4), the clerk of the circuit court shall notify the department of justice of the action and shall provide the department of justice with information concerning the period during which the injunction is in effect or the date on which the injunction is vacated and with information necessary to identify the respondent for purposes of responding to a request under s. 165.63 or for purposes of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).

AB843-SSA2-AA2,26,18 2. Except as provided in subd. 3., the department of justice may disclose information that it receives under subd. 1. only to respond to a request under s. 165.63 or as part of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).

AB843-SSA2-AA2,26,21 3. The department of justice shall disclose any information that it receives under subd. 1. to a law enforcement agency when the information is needed for law enforcement purposes.

AB843-SSA2-AA2,27,2 (b) Within one business day after an order or injunction is issued, extended, or vacated under this section, the clerk of the circuit court shall send a copy of the order or injunction, or of the order extending or vacating an order or injunction, to the sheriff or to any other local law enforcement agency which is the central repository for orders and injunctions and which has jurisdiction over the petitioner's premises.

AB843-SSA2-AA2,27,11 (c) No later than 24 hours after receiving the information under par. (b), the sheriff or other appropriate local law enforcement agency under par. (b) shall enter the information concerning an order or injunction issued, extended, or vacated under this section into the transaction information for management of enforcement system. The sheriff or other appropriate local law enforcement agency shall also make available to other law enforcement agencies, through a verification system, information on the existence and status of any order or injunction issued under this section. The information need not be maintained after the order or injunction is no longer in effect.

AB843-SSA2-AA2,27,15 (7) Penalty. Whoever files a petition under this section for a temporary restraining order or injunction knowing the information in the petition to be false or with the intent to harass shall be fined not more than $10,000 or imprisoned for not more than 9 months or both.

AB843-SSA2-AA2,27,19 (8) Return of firearms and form. (a) A firearm surrendered under this section may not be returned to the respondent until the respondent completes a petition for the return of firearms under par. (c) and a judge or circuit court commissioner determines all of the following:

AB843-SSA2-AA2,27,21 1. That the temporary restraining order or injunction has been vacated or has expired and not been extended.