AB884: Bill Text

AB884,3,10 968.075 (1) (ar) (intro.) "Domestic abuse" means any of the following engaged in by an adult person against his or her spouse or former spouse, against an adult with whom the person resides or formerly resided, against an adult with whom the individual has or had a dating relationship, or against an adult with whom the person has a child in common:

AB884, s. 3 Section 3. 968.075 (1) (ag) of the statutes is created to read:

AB884,3,17 968.075 (1) (ag) "Dating relationship" means a romantic or intimate social relationship between adults but does not include a casual relationship or ordinary fraternization between individuals in a business or social context. The existence of a dating relationship shall be determined by considering the length of the relationship, the type of the relationship, and the frequency of the interaction between the individuals involved.

AB884, s. 4 Section 4. 968.075 (1) (c) of the statutes is created to read:

AB884,3,20 968.075 (1) (c) "Party" means a person engaged in an act of domestic abuse or a person victimized by an act of domestic abuse.

AB884, s. 5 Section 5. 968.075 (1) (d) of the statutes is created to read:

AB884,3,23 968.075 (1) (d) "Predominant aggressor" means the most significant, but not necessarily the first, aggressor in a domestic abuse incident.

AB884, s. 6 Section 6. 968.075 (2) (title) of the statutes is amended to read:

AB884,4,2 968.075 (2) (title) Circumstances requiring arrest; presumption against certain arrests.

AB884, s. 7 Section 7. 968.075 (2) (a) (intro.) of the statutes is amended to read:

AB884,4,6 968.075 (2) (a) (intro.) Notwithstanding s. 968.07 (1) and except as provided in par. pars. (am) and (b), a law enforcement officer shall arrest and take a person into custody if:

AB884, s. 8 Section 8. 968.075 (2) (a) 2. (intro.) of the statutes is amended to read:

AB884,4,9 968.075 (2) (a) 2. (intro.) Either or both Any of the following circumstances are present apply:

AB884, s. 9 Section 9. 968.075 (2) (a) 2. c. of the statutes is created to read:

AB884,4,11 968.075 (2) (a) 2. c. The person is the predominant aggressor.

AB884, s. 10 Section 10. 968.075 (2) (am) of the statutes is created to read:

AB884,4,17 968.075 (2) (am) Notwithstanding s. 968.07 (1), unless the person's arrest is required under s. 813.12 (7), 813.122 (10), 813.125 (6), or 813.128 (1) (b) or sub. (5) (e), if a law enforcement officer identifies the predominant aggressor, it is generally not appropriate for a law enforcement officer to arrest anyone under par. (a) other than the predominant aggressor.

AB884, s. 11 Section 11. 968.075 (2) (ar) of the statutes is created to read:

AB884,4,21 968.075 (2) (ar) In order to protect victims from continuing domestic abuse, a law enforcement officer shall consider all of the following in identifying the predominant aggressor:

AB884,4,24 1. Whether any party is threatening or has threatened future harm to or is attempting or has attempted to intimidate any other party or any other family or household member.

AB884,5,2 2. The extent to which each person present, including children, appears to fear any party.

AB884,5,3 3. Statements made by witnesses or any other person, including children.

AB884,5,5 4. The history of domestic abuse between the parties and any information provided by children or other witnesses regarding that history.

AB884,5,7 5. Whether either party acted in self-defense or in defense of any other person under the circumstances described in s. 939.48.

AB884, s. 12 Section 12. 968.075 (2m) of the statutes is created to read:

AB884,5,12 968.075 (2m) Immediate release prohibited. Unless s. 968.08 applies, a law enforcement officer may not release a person whose arrest was required under sub. (2) until the person posts bail under s. 969.07 or appears before a judge under s. 970.01 (1).

AB884, s. 13 Section 13. 968.075 (3) (a) 1. (intro.) and a. of the statutes are consolidated, renumbered 968.075 (3) (a) 1. a. and amended to read:

AB884,5,19 968.075 (3) (a) 1. a. Statements A statement emphasizing that: In in most circumstances, other than those under sub. (2), a law enforcement officer should arrest and take a person into custody if the officer has reasonable grounds to believe that the person is committing or has committed domestic abuse and that the person's actions constitute the commission of a crime.

AB884, s. 14 Section 14. 968.075 (3) (a) 1. b. of the statutes is repealed and recreated to read:

AB884,5,22 968.075 (3) (a) 1. b. A policy reflecting the requirements of subs. (2) and (2m).

AB884, s. 15 Section 15. 968.075 (3) (a) 1. c. of the statutes is amended to read:

AB884,6,2 968.075 (3) (a) 1. c. A statement emphasizing that a law enforcement officer's decision as to whether or not to arrest under this section may not be based on the consent of the victim to any subsequent prosecution or on the relationship of the persons involved in the incident.

AB884, s. 16 Section 16. 968.075 (3) (a) 1. d. of the statutes is amended to read:

AB884,6,6 968.075 (3) (a) 1. d. A statement emphasizing that a law enforcement officer's decision not to arrest under this section may not be based solely upon the absence of visible indications of injury or impairment.

AB884, s. 17 Section 17. 968.075 (3) (a) 1. e. and f. of the statutes are created to read:

AB884,6,9 968.075 (3) (a) 1. e. A statement discouraging, but not prohibiting, the arrest of more than one person involved in a domestic abuse incident.

AB884,6,12 f. A statement emphasizing that a law enforcement officer, in determining whether to arrest a person involved in a domestic abuse incident, should consider whether the person acted in self-defense or in defense of another person.

AB884, s. 18 Section 18. 968.075 (3) (c) of the statutes is amended to read:

AB884,6,17 968.075 (3) (c) This subsection does not limit the authority of a law enforcement agency to establish policies that require arrests under more circumstances than those set forth in sub. (2), but the policies may not conflict with the presumption under sub. (2) (am).

AB884, s. 19 Section 19. 968.075 (5) (a) 2. of the statutes is amended to read:

AB884,6,21 968.075 (5) (a) 2. An arrested person who intentionally violates this paragraph shall be required to forfeit not more than $1,000 may be fined not more than $10,000 or imprisoned for not more than 9 months or both.

AB884, s. 20 Section 20. 968.075 (5) (e) of the statutes is amended to read:

AB884,6,25 968.075 (5) (e) Notwithstanding s. 968.07 (1), a law enforcement officer shall arrest and take a person into custody if the officer has reasonable grounds to believe that the person has violated par. (a).

AB884, s. 21 Section 21. 968.085 (2) (intro.) of the statutes is amended to read:

AB884,7,8 968.085 (2) Authority to issue; effect. (intro.) A Except as provided in sub. (8), a law enforcement officer may issue a citation to any person whom he or she has reasonable grounds to believe has committed a misdemeanor. A citation may be issued in the field or at the headquarters or precinct station of the officer instead of or subsequent to a lawful arrest. If a citation is issued, the person cited shall be released on his or her own recognizance. In determining whether to issue a citation, the law enforcement officer may consider whether:

AB884, s. 22 Section 22. 968.085 (8) of the statutes is created to read:

AB884,7,12 968.085 (8) Inapplicability to certain domestic abuse cases. A law enforcement officer may not issue a citation to a person for an offense if the officer is required to arrest the person for that offense under s. 968.075 (2).

AB884, s. 23 Section 23 . Initial applicability.

AB884,7,16 (1) The treatment of section 968.075 (5) (a) 2. of the statutes first applies to persons arrested for a domestic abuse incident on the effective date of this subsection.

AB884, s. 24 Section 24. Effective dates. This act takes effect on the first day of the third month beginning after publication, except as follows:

AB884,7,20 (1) The treatment of sections 968.075 (5) (a) 2. of the statutes and Section 23 (1) of this act take effect on the day after publication.

AB884,7,21 (End)