AB884,3,106 968.075 (1) (ar) (intro.) "Domestic abuse" means any of the following engaged
7in by an adult person against his or her spouse or former spouse, against an adult
8with whom the person resides or formerly resided, against an adult with whom the
9individual has or had a dating relationship,
or against an adult with whom the
10person has a child in common:
AB884, s. 3 11Section 3. 968.075 (1) (ag) of the statutes is created to read:
AB884,3,1712 968.075 (1) (ag) "Dating relationship" means a romantic or intimate social
13relationship between adults but does not include a casual relationship or ordinary
14fraternization between individuals in a business or social context. The existence of
15a dating relationship shall be determined by considering the length of the
16relationship, the type of the relationship, and the frequency of the interaction
17between the individuals involved.
AB884, s. 4 18Section 4. 968.075 (1) (c) of the statutes is created to read:
AB884,3,2019 968.075 (1) (c) "Party" means a person engaged in an act of domestic abuse or
20a person victimized by an act of domestic abuse.
AB884, s. 5 21Section 5. 968.075 (1) (d) of the statutes is created to read:
AB884,3,2322 968.075 (1) (d) "Predominant aggressor" means the most significant, but not
23necessarily the first, aggressor in a domestic abuse incident.
AB884, s. 6 24Section 6. 968.075 (2) (title) of the statutes is amended to read:
AB884,4,2
1968.075 (2) (title) Circumstances requiring arrest; presumption against
2certain arrests
.
AB884, s. 7 3Section 7. 968.075 (2) (a) (intro.) of the statutes is amended to read:
AB884,4,64 968.075 (2) (a) (intro.) Notwithstanding s. 968.07 (1) and except as provided in
5par. pars. (am) and (b), a law enforcement officer shall arrest and take a person into
6custody if:
AB884, s. 8 7Section 8. 968.075 (2) (a) 2. (intro.) of the statutes is amended to read:
AB884,4,98 968.075 (2) (a) 2. (intro.) Either or both Any of the following circumstances are
9present
apply:
AB884, s. 9 10Section 9. 968.075 (2) (a) 2. c. of the statutes is created to read:
AB884,4,1111 968.075 (2) (a) 2. c. The person is the predominant aggressor.
AB884, s. 10 12Section 10. 968.075 (2) (am) of the statutes is created to read:
AB884,4,1713 968.075 (2) (am) Notwithstanding s. 968.07 (1), unless the person's arrest is
14required under s. 813.12 (7), 813.122 (10), 813.125 (6), or 813.128 (1) (b) or sub. (5)
15(e), if a law enforcement officer identifies the predominant aggressor, it is generally
16not appropriate for a law enforcement officer to arrest anyone under par. (a) other
17than the predominant aggressor.
AB884, s. 11 18Section 11. 968.075 (2) (ar) of the statutes is created to read:
AB884,4,2119 968.075 (2) (ar) In order to protect victims from continuing domestic abuse, a
20law enforcement officer shall consider all of the following in identifying the
21predominant aggressor:
AB884,4,2422 1. Whether any party is threatening or has threatened future harm to or is
23attempting or has attempted to intimidate any other party or any other family or
24household member.
AB884,5,2
12. The extent to which each person present, including children, appears to fear
2any party.
AB884,5,33 3. Statements made by witnesses or any other person, including children.
AB884,5,54 4. The history of domestic abuse between the parties and any information
5provided by children or other witnesses regarding that history.
AB884,5,76 5. Whether either party acted in self-defense or in defense of any other person
7under the circumstances described in s. 939.48.
AB884, s. 12 8Section 12. 968.075 (2m) of the statutes is created to read:
AB884,5,129 968.075 (2m) Immediate release prohibited. Unless s. 968.08 applies, a law
10enforcement officer may not release a person whose arrest was required under sub.
11(2) until the person posts bail under s. 969.07 or appears before a judge under s.
12970.01 (1).
AB884, s. 13 13Section 13. 968.075 (3) (a) 1. (intro.) and a. of the statutes are consolidated,
14renumbered 968.075 (3) (a) 1. a. and amended to read:
AB884,5,1915 968.075 (3) (a) 1. a. Statements A statement emphasizing that: In in most
16circumstances, other than those under sub. (2), a law enforcement officer should
17arrest and take a person into custody if the officer has reasonable grounds to believe
18that the person is committing or has committed domestic abuse and that the person's
19actions constitute the commission of a crime.
AB884, s. 14 20Section 14. 968.075 (3) (a) 1. b. of the statutes is repealed and recreated to
21read:
AB884,5,2222 968.075 (3) (a) 1. b. A policy reflecting the requirements of subs. (2) and (2m).
AB884, s. 15 23Section 15. 968.075 (3) (a) 1. c. of the statutes is amended to read:
AB884,6,224 968.075 (3) (a) 1. c. A statement emphasizing that a law enforcement officer's
25decision as to whether or not to arrest under this section may not be based on the

1consent of the victim to any subsequent prosecution or on the relationship of the
2persons involved in the incident.
AB884, s. 16 3Section 16. 968.075 (3) (a) 1. d. of the statutes is amended to read:
AB884,6,64 968.075 (3) (a) 1. d. A statement emphasizing that a law enforcement officer's
5decision not to arrest under this section may not be based solely upon the absence
6of visible indications of injury or impairment.
AB884, s. 17 7Section 17. 968.075 (3) (a) 1. e. and f. of the statutes are created to read:
AB884,6,98 968.075 (3) (a) 1. e. A statement discouraging, but not prohibiting, the arrest
9of more than one person involved in a domestic abuse incident.
AB884,6,1210 f. A statement emphasizing that a law enforcement officer, in determining
11whether to arrest a person involved in a domestic abuse incident, should consider
12whether the person acted in self-defense or in defense of another person.
AB884, s. 18 13Section 18. 968.075 (3) (c) of the statutes is amended to read:
AB884,6,1714 968.075 (3) (c) This subsection does not limit the authority of a law enforcement
15agency to establish policies that require arrests under more circumstances than
16those set forth in sub. (2), but the policies may not conflict with the presumption
17under sub. (2) (am)
.
AB884, s. 19 18Section 19. 968.075 (5) (a) 2. of the statutes is amended to read:
AB884,6,2119 968.075 (5) (a) 2. An arrested person who intentionally violates this paragraph
20shall be required to forfeit not more than $1,000 may be fined not more than $10,000
21or imprisoned for not more than 9 months or both
.
AB884, s. 20 22Section 20. 968.075 (5) (e) of the statutes is amended to read:
AB884,6,2523 968.075 (5) (e) Notwithstanding s. 968.07 (1), a law enforcement officer shall
24arrest and take a person into custody if the officer has reasonable grounds to believe
25that the person has violated par. (a).
AB884, s. 21
1Section 21. 968.085 (2) (intro.) of the statutes is amended to read:
AB884,7,82 968.085 (2) Authority to issue; effect. (intro.) A Except as provided in sub.
3(8), a
law enforcement officer may issue a citation to any person whom he or she has
4reasonable grounds to believe has committed a misdemeanor. A citation may be
5issued in the field or at the headquarters or precinct station of the officer instead of
6or subsequent to a lawful arrest. If a citation is issued, the person cited shall be
7released on his or her own recognizance. In determining whether to issue a citation,
8the law enforcement officer may consider whether:
AB884, s. 22 9Section 22. 968.085 (8) of the statutes is created to read:
AB884,7,1210 968.085 (8) Inapplicability to certain domestic abuse cases. A law
11enforcement officer may not issue a citation to a person for an offense if the officer
12is required to arrest the person for that offense under s. 968.075 (2).
AB884, s. 23 13Section 23 . Initial applicability.
AB884,7,1614 (1) The treatment of section 968.075 (5) (a) 2. of the statutes first applies to
15persons arrested for a domestic abuse incident on the effective date of this
16subsection.
AB884, s. 24 17Section 24. Effective dates. This act takes effect on the first day of the third
18month beginning after publication, except as follows:
AB884,7,2019 (1) The treatment of sections 968.075 (5) (a) 2. of the statutes and Section 23
20(1) of this act take effect on the day after publication.
AB884,7,2121 (End)
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