AB380, s. 281
7Section
281. 813.122 (5m) (b) (intro.) of the statutes is amended to read:
AB380,103,108
813.122
(5m) (b) (intro.) A firearm surrendered under par. (a) 2. may not be
9returned to the respondent until a judge or
circuit court commissioner determines
10all of the following:
AB380, s. 282
11Section
282. 813.122 (5m) (b) 2. of the statutes is amended to read:
AB380,103,1512
813.122
(5m) (b) 2. That the person is not prohibited from possessing a firearm
13under any state or federal law or by the order of any federal court or state court, other
14than an order from which the judge or
circuit court commissioner is competent to
15grant relief.
AB380, s. 283
16Section
283. 813.122 (9) (a) of the statutes is amended to read:
AB380,103,2017
813.122
(9) (a) If an order is issued under this section, upon request by the
18petitioner, the court or
circuit court commissioner, as applicable, shall order the
19sheriff to assist in executing or serving the temporary restraining order or
20injunction.
AB380, s. 284
21Section
284. 813.123 (3) (a) of the statutes is amended to read:
AB380,104,422
813.123
(3) (a) Procedure for an action under this section is in 2 parts. First,
23if the petitioner requests a temporary restraining order, the court or
circuit court
24commissioner shall issue or refuse to issue that order. Second, the court shall hold
25a hearing under sub. (5) on whether to issue an injunction, which is the final relief.
1If the court or
circuit court commissioner issues a temporary restraining order, the
2order shall set forth the date for the hearing on an injunction. If the court or
circuit 3court commissioner does not issue a temporary restraining order, the date for the
4hearing shall be set upon motion by either party.
AB380, s. 285
5Section
285. 813.123 (3) (b) (intro.) of the statutes is amended to read:
AB380,104,76
813.123
(3) (b) (intro.) The court or
circuit court commissioner, on its or his or
7her own motion or the motion of any party, may order one or more of the following:
AB380, s. 286
8Section
286. 813.123 (4) (a) of the statutes is amended to read:
AB380,104,159
813.123
(4) (a) Unless the vulnerable adult, guardian or guardian ad litem
10consents in writing and the judge or
circuit court commissioner agrees that the
11contact is in the best interests of the vulnerable adult, a judge or
circuit court
12commissioner shall issue a temporary restraining order ordering the respondent to
13avoid interference with an investigation of the vulnerable adult under s. 55.043, the
14delivery of protective services to the vulnerable adult under s. 55.05 or a protective
15placement of the vulnerable adult under s. 55.06 if all of the following occur:
AB380,104,1716
1. The petitioner submits to the judge or
circuit court commissioner a petition
17alleging the elements set forth under sub. (6).
AB380,104,2218
2. The judge or
circuit court commissioner finds reasonable grounds to believe
19that the respondent has interfered with, or based on prior conduct of the respondent
20may interfere with, an investigation of the vulnerable adult under s. 55.043, the
21delivery of protective services to the vulnerable adult under s. 55.05 or a protective
22placement of the vulnerable adult under s. 55.06.
AB380, s. 287
23Section
287. 813.123 (8) (a) of the statutes is amended to read:
AB380,105,3
1813.123
(8) (a) If an order is issued under this section, upon request by the
2petitioner, the court or
circuit court commissioner shall order the sheriff to assist in
3executing or serving the temporary restraining order or injunction.
AB380, s. 288
4Section
288. 813.125 (3) (a) (intro.) of the statutes is amended to read:
AB380,105,75
813.125
(3) (a) (intro.) A judge or
circuit court commissioner may issue a
6temporary restraining order ordering the respondent to cease or avoid the
7harassment of another person, if all of the following occur:
AB380, s. 289
8Section
289. 813.125 (3) (a) 2. of the statutes is amended to read:
AB380,105,109
813.125
(3) (a) 2. The judge or
circuit court commissioner finds reasonable
10grounds to believe that the respondent has violated s. 947.013.
AB380, s. 290
11Section
290. 813.125 (3) (c) of the statutes is amended to read:
AB380,105,1812
813.125
(3) (c) The temporary restraining order is in effect until a hearing is
13held on issuance of an injunction under sub. (4). A judge or
circuit court
14commissioner shall hold a hearing on issuance of an injunction within 7 days after
15the temporary restraining order is issued, unless the time is extended upon the
16written consent of the parties or extended once for 7 days upon a finding that the
17respondent has not been served with a copy of the temporary restraining order
18although the petitioner has exercised due diligence.
AB380, s. 291
19Section
291. 813.125 (4) (a) (intro.) of the statutes is amended to read:
AB380,105,2220
813.125
(4) (a) (intro.) A judge or
circuit court commissioner may grant an
21injunction ordering the respondent to cease or avoid the harassment of another
22person, if all of the following occur:
AB380, s. 292
23Section
292. 813.125 (4) (a) 2. of the statutes is amended to read:
AB380,106,524
813.125
(4) (a) 2. The petitioner serves upon the respondent a copy of a
25restraining order obtained under sub. (3) and notice of the time for the hearing on
1the issuance of the injunction under sub. (3) (c). The restraining order or notice of
2hearing served under this subdivision shall inform the respondent that, if the judge
3or
circuit court commissioner issues an injunction, the judge or
circuit court
4commissioner may also order the respondent not to possess a firearm while the
5injunction is in effect.
AB380, s. 293
6Section
293. 813.125 (4) (a) 3. of the statutes is amended to read:
AB380,106,87
813.125
(4) (a) 3. After hearing, the judge or
circuit court commissioner finds
8reasonable grounds to believe that the respondent has violated s. 947.013.
AB380, s. 294
9Section
294. 813.125 (4m) (a) of the statutes is amended to read:
AB380,106,1510
813.125
(4m) (a) If a judge or
circuit court commissioner issues an injunction
11under sub. (4) and the judge or
circuit court commissioner determines, based on clear
12and convincing evidence presented at the hearing on the issuance of the injunction,
13that the respondent may use a firearm to cause physical harm to another or to
14endanger public safety, the judge or
circuit court commissioner may prohibit the
15respondent from possessing a firearm.
AB380, s. 295
16Section
295. 813.125 (4m) (c) 2. of the statutes is amended to read:
AB380,107,317
813.125
(4m) (c) 2. Except as provided in par. (cg), require the respondent to
18surrender any firearms that he or she owns or has in his or her possession to the
19sheriff of the county in which the action under this section was commenced, to the
20sheriff of the county in which the respondent resides or to another person designated
21by the respondent and approved by the judge or
circuit court commissioner. The
22judge or
circuit court commissioner shall approve the person designated by the
23respondent unless the judge or
circuit court commissioner finds that the person is
24inappropriate and places the reasons for the finding on the record. If a firearm is
25surrendered to a person designated by the respondent and approved by the judge or
1circuit court commissioner, the judge or
circuit court commissioner shall inform the
2person to whom the firearm is surrendered of the requirements and penalties under
3s. 941.29 (4).
AB380, s. 296
4Section
296. 813.125 (4m) (d) (intro.) of the statutes is amended to read:
AB380,107,75
813.125
(4m) (d) (intro.) A firearm surrendered under par. (c) 2. may not be
6returned to the respondent until a judge or
circuit court commissioner determines
7all of the following:
AB380, s. 297
8Section
297. 813.125 (4m) (d) 2. of the statutes is amended to read:
AB380,107,129
813.125
(4m) (d) 2. That the person is not prohibited from possessing a firearm
10under any state or federal law or by the order of any federal court or state court, other
11than an order from which the judge or
circuit court commissioner is competent to
12grant relief.
AB380, s. 298
13Section
298. 813.125 (5) (am) of the statutes is amended to read:
AB380,107,1714
813.125
(5) (am) The petition shall inform the respondent that, if the judge or
15circuit court commissioner issues an injunction, the judge or
circuit court
16commissioner may also order the respondent not to possess a firearm while the
17injunction is in effect.
AB380, s. 299
18Section
299. 814.615 (3) of the statutes is amended to read:
AB380,107,2219
814.615
(3) The court or
family a circuit court commissioner shall direct either
20or both parties to pay any applicable fee under this section. If either or both parties
21are unable to pay, the court shall grant a separate judgment for the amount of the
22fees in favor of the county and against the party or parties responsible for the fees.
AB380, s. 300
23Section
300. 814.68 (title) of the statutes is amended to read:
AB380,107,24
24814.68 (title)
Fees of supplemental court commissioners.
AB380, s. 301
25Section
301. 814.68 (1) (intro.) of the statutes is amended to read:
AB380,108,3
1814.68 (
1)
Part-time Supplemental court commissioners. (intro.) A
part-time 2supplemental court commissioner appointed under s.
757.68 (2) 757.675 (1) shall
3collect the following fees:
AB380, s. 302
4Section
302. 814.68 (1) (a) of the statutes is amended to read:
AB380,108,85
814.68 (
1) (a) A fee of $1 for each decision, signing or filing of a document or
6other ministerial act required by law performed by a
part-time supplemental court
7commissioner. This paragraph does not apply to testimonial proceedings or
8depositions taken before a
supplemental court commissioner.
AB380, s. 303
9Section
303. 814.68 (1) (b) (intro.) of the statutes is amended to read:
AB380,108,1310
814.68 (
1) (b) (intro.) For the following duties performed by a
part-time 11supplemental court commissioner held in the county courthouse or other court
12facilities provided by law, reasonable compensation as fixed by the court but not more
13than the hourly equivalent of the salary of a judge of the court:
AB380, s. 304
14Section
304. 814.68 (1) (b) 1. of the statutes is amended to read:
AB380,108,1715
814.68 (
1) (b) 1. Every attendance upon the hearing of any motion for an order
16which a
supplemental court commissioner is authorized to grant and for attendance
17upon any motion or an official act to be done by the
supplemental court commissioner.
AB380, s. 305
18Section
305. 814.68 (2). of the statutes is amended to read:
AB380,108,2419
814.68
(2) Supplementary examinations. For attendance upon an examination
20under ch. 816, a
supplemental court commissioner shall collect a fee of $15 to be paid
21upon the issuance of the order under s. 816.03 (1). The fee shall be returned in any
22case where it appears by affidavit filed that the order was not served upon the
23judgment debtor. This fee is the only fee a
supplemental court commissioner is
24entitled to for proceedings under ch. 816.
AB380, s. 306
25Section
306. 816.03 (1) (b) of the statutes is amended to read:
AB380,109,5
1816.03
(1) (b) A
supplemental court commissioner upon application of a
2judgment creditor shall order any judgment debtor to appear before the court
3commissioner and answer concerning the judgment debtor's property at a time and
4place specified in the order, within said county, in lieu of the procedure set forth in
5par. (a).
AB380, s. 307
6Section
307. 816.035 (1) and (2) of the statutes are amended to read:
AB380,109,117
816.035
(1) An order under s. 816.03 (1) issued by a
supplemental court
8commissioner shall be served in the same manner as the service of a summons under
9s. 801.11. The return on the order shall be made to the commissioner who issued the
10order. The commissioner shall file the order and the return with the clerk of the court
11in which the judgment involved is entered.
AB380,109,13
12(2) Upon issuance of the order, the
supplemental court commissioner shall
13collect the fee prescribed in s. 814.68 (2) for attendance upon the examination.
AB380, s. 308
14Section
308. 818.02 (6) of the statutes is amended to read:
AB380,109,2015
818.02
(6) In a proceeding to determine paternity or to establish or revise a
16child support or maintenance obligation, if the court or
family a circuit court
17commissioner finds that the petitioner cannot effect service of process upon the
18respondent despite due diligence on the part of the petitioner or after the respondent
19is personally served but fails to appear on the return date, on the date set for the
20pretrial hearing or on the date set for the trial.
AB380, s. 309
21Section
309. 879.61 of the statutes is amended to read:
AB380,110,7
22879.61 Discovery proceedings. Any personal representative or any person
23interested who suspects that any other person has concealed, stolen, conveyed or
24disposed of property of the estate; or is indebted to the decedent; possesses, controls
25or has knowledge of concealed property of the decedent; possesses, controls or has
1knowledge of writings which contain evidence of or tend to disclose the right, title,
2interest or claim of the decedent to any property; or possesses, controls or has
3knowledge of any will of the decedent, may file a petition in the court so stating. The
4court upon such notice as it directs, may order the other person to appear before the
5court or a
circuit court commissioner for disclosure, may subpoena witnesses and
6compel the production of evidence and may make any order in relation to the matter
7as is just and proper.
AB380, s. 310
8Section
310. 885.10 of the statutes is amended to read:
AB380,110,20
9885.10 Witness for indigent respondent or defendant. Upon satisfactory
10proof of the financial inability of the respondent or defendant to procure the
11attendance of witnesses for his or her defense, the judge or
supplemental court
12commissioner, in any paternity proceeding or criminal action or proceeding, or in any
13other case in which the respondent or defendant is represented by the state public
14defender or by assigned counsel under s. 977.08, to be tried or heard before him or
15her, may direct the witnesses to be subpoenaed as he or she determines is proper and
16necessary, upon the respondent's or defendant's oath or affidavit or that of the
17respondent's or defendant's attorney. Witnesses so subpoenaed shall be paid their
18fees in the manner that witnesses for the state therein are paid. Determination of
19indigency, in full or in part, under s. 977.07 is proof of the respondent's or defendant's
20financial inability to procure the attendance of witnesses for his or her defense.
AB380, s. 311
21Section
311. 885.12 of the statutes is amended to read:
AB380,111,8
22885.12 Coercing witnesses before officers and boards. If any person,
23without reasonable excuse, fails to attend as a witness, or to testify as lawfully
24required before any arbitrator, coroner, medical examiner, board, commission,
25commissioner, examiner, committee, or other officer or person authorized to take
1testimony, or to produce a book or paper which the person was lawfully directed to
2bring, or to subscribe the person's deposition when correctly reduced to writing, any
3judge of a court of record or
a circuit court commissioner in the county where the
4person was obliged to attend may, upon sworn proof of the facts, issue an attachment
5for the person, and unless the person shall purge the contempt and go and testify or
6do such other act as required by law, may commit the person to close confinement in
7the county jail until the person shall so testify or do such act, or be discharged
8according to law. The sheriff of the county shall execute the commitment.
AB380, s. 312
9Section
312. 887.26 (7) of the statutes is amended to read:
AB380,111,1310
887.26
(7) Fees. The persons who take depositions and the witness shall be
11entitled to the fees allowed
supplemental court commissioners under s. 814.68 (1)
12and witnesses for similar service by the law of this state, or such as may be prescribed
13by the law of the state or country where taken.
AB380, s. 313
14Section
313. 898.02 of the statutes is amended to read:
AB380,111,19
15898.02 Notice to plaintiff. The person shall cause notice to be given to the
16plaintiff in the action, the plaintiff's agent or attorney, in writing, that at a time and
17place specified in the notice the person will apply to the circuit judge or
circuit court
18commissioner of the county in which the person is so confined for the purpose of
19obtaining a discharge from imprisonment.
AB380, s. 314
20Section
314. 898.04 of the statutes is amended to read:
AB380,112,2
21898.04 Prisoner to be examined. At the time and place specified in the
22notice the person shall be taken, under the custody of the jailer, the sheriff or the
23sheriff's deputy, before the circuit judge or
circuit court commissioner, who shall
24examine the prisoner on oath concerning his or her estate and effects and the
25disposal thereof and the prisoner's ability to pay the judgment for which he or she
1is committed; and who shall also hear any other legal and pertinent evidence that
2may be produced by the debtor or the creditor.
AB380, s. 315
3Section
315. 898.11 of the statutes is amended to read:
AB380,112,6
4898.11 Inability to pay fees. If the prisoner is unable to pay in whole or in
5part the fees of the circuit
judge or court
commissioner in the proceedings, the
6proceedings shall continue without charge to the prisoner.
AB380, s. 316
7Section
316. 906.15 (1) of the statutes is amended to read:
AB380,112,118
906.15
(1) At the request of a party, the judge or
a circuit court commissioner
9shall order witnesses excluded so that they cannot hear the testimony of other
10witnesses. The judge or
circuit court commissioner may also make the order of his
11or her own motion.
AB380, s. 317
12Section
317. 906.15 (2) (d) of the statutes is amended to read:
AB380,112,1913
906.15
(2) (d) A victim, as defined in s. 950.02 (4), in a criminal case or a victim,
14as defined in s. 938.02 (20m), in a delinquency proceeding under ch. 938, unless the
15judge or
circuit court commissioner finds that exclusion of the victim is necessary to
16provide a fair trial for the defendant or a fair fact-finding hearing for the juvenile.
17The presence of a victim during the testimony of other witnesses may not by itself
18be a basis for a finding that exclusion of the victim is necessary to provide a fair trial
19for the defendant or a fair fact-finding hearing for the juvenile.
AB380, s. 318
20Section
318. 906.15 (3) of the statutes is amended to read:
AB380,112,2421
906.15
(3) The judge or
circuit court commissioner may direct that all excluded
22and non-excluded witnesses be kept separate until called and may prevent them
23from communicating with one another until they have been examined or the hearing
24is ended.
AB380, s. 319
25Section
319. 911.01 (1) of the statutes is amended to read:
AB380,113,7
1911.01
(1) Courts and court commissioners. Chapters 901 to 911 apply to the
2courts of the state of Wisconsin, including municipal courts
, family court
3commissioners, and
circuit, supplemental and municipal court commissioners
, in the
4proceedings and to the extent hereinafter set forth except as provided in s. 972.11.
5The word "judge" in chs. 901 to 911 means judge of a court of record, municipal judge
,
6family or circuit, supplemental or municipal court commissioner
, and court
7commissioner.
AB380, s. 320
8Section
320. 938.06 (1) (a) 2. of the statutes is amended to read:
AB380,113,159
938.06
(1) (a) 2. The chief judge of the judicial administrative district shall
10formulate written judicial policy governing intake and court services for juvenile
11matters under this chapter and the director shall be charged with executing the
12judicial policy. The chief judge shall direct and supervise the work of all personnel
13of the court, except the work of the district attorney or corporation counsel assigned
14to the court. The chief judge may delegate his or her supervisory functions
under s.
15938.065 (1).
AB380, s. 321
16Section
321. 938.065 of the statutes is repealed.
AB380, s. 322
17Section
322. 938.208 (4) of the statutes is amended to read:
AB380,113,2118
938.208
(4) Probable cause exists to believe that the juvenile, having been
19placed in nonsecure custody by an intake worker under s. 938.207 or by the judge or
20juvenile circuit court commissioner under s. 938.21 (4), has run away or committed
21a delinquent act and no other suitable alternative exists.
AB380, s. 323
22Section
323. 938.21 (1) (a) of the statutes is amended to read:
AB380,114,1023
938.21
(1) (a) If a juvenile who has been taken into custody is not released
24under s. 938.20, a hearing to determine whether the juvenile shall continue to be held
25in custody under the criteria of ss. 938.205 to 938.209 (1) shall be conducted by the
1judge or
juvenile a circuit court commissioner within 24 hours after the end of the
2day that the decision to hold the juvenile was made, excluding Saturdays, Sundays
3and legal holidays. By the time of the hearing a petition under s. 938.25 shall be filed,
4except that no petition need be filed where a juvenile is taken into custody under s.
5938.19 (1) (b) or (d) 2., 6. or 7. or where the juvenile is a runaway from another state,
6in which case a written statement of the reasons for holding a juvenile in custody
7shall be substituted if the petition is not filed. If no hearing has been held within 24
8hours or if no petition or statement has been filed at the time of the hearing, the
9juvenile shall be released except as provided in par. (b). A parent not present at the
10hearing shall be granted a rehearing upon request.
AB380, s. 324
11Section
324. 938.21 (1) (b) of the statutes is amended to read: