AB539: Bill Text

AB539,68,5 813.123 (1) (ep) "Individual at risk" means an elder adult at risk or an adult at risk.

AB539, s. 187 Section 187. 813.123 (1) (f) of the statutes is repealed.

AB539, s. 188 Section 188. 813.123 (1) (fm) of the statutes is created to read:

AB539,68,9 813.123 (1) (fm) "Mistreatment of an animal" means cruel treatment of any animal owned by or in service to an individual at risk.

AB539, s. 189 Section 189. 813.123 (1) (g) of the statutes is amended to read:

AB539,68,11 813.123 (1) (g) "Neglect" has the meaning given in s. 55.01 (4r) 46.90 (1) (f).

AB539, s. 190 Section 190. 813.123 (1) (gr) of the statutes is created to read:

AB539,68,13 813.123 (1) (gr) "Self-neglect" has the meaning given in s. 46.90 (1) (g).

AB539, s. 191 Section 191. 813.123 (1) (gs) of the statutes is created to read:

AB539,68,16 813.123 (1) (gs) "Stalking" means engaging in a course of conduct, as defined in s. 940.32 (1) (a).

AB539, s. 192 Section 192. 813.123 (1) (h) of the statutes is repealed.

AB539, s. 193 Section 193. 813.123 (2) of the statutes is renumbered 813.123 (2) (a) and amended to read:

AB539,69,6 813.123 (2) (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. (6). The action commences with service of the petition upon the respondent if a copy of the petition is filed before service or promptly after service. The vulnerable adult, a parent, an adult sibling, an adult child or the legal guardian of the vulnerable adult or a county protective services agency individual at risk, any person acting on behalf of an individual at risk, an elder-adult-at-risk agency, or an adult-at-risk agency may be a petitioner under this section. If the petition is filed by a person other than the individual at risk, the petitioner shall serve a copy of the petition on the individual at risk. 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.

AB539, s. 194 Section 194. 813.123 (2) (b) of the statutes is created to read:

AB539,69,11 813.123 (2) (b) The court may go forward with a petition filed under sub. (6) if the individual at risk has been adjudicated incompetent under ch. 880, notwithstanding an objection by an individual at risk who is the subject of the petition, or an objection by the guardian of the individual at risk.

AB539, s. 195 Section 195. 813.123 (3) (b) (intro.) and 1. of the statutes are consolidated, renumbered 813.123 (3) (b) and amended to read:

AB539,69,19 813.123 (3) (b) The court or circuit court commissioner, on its or his or her own motion or the motion of any party, may shall order one or more of the following: 1. That that a guardian ad litem be appointed under s. 880.331 (1) for the vulnerable adult individual at risk, if the petition under sub. (6) was filed by a person other than the individual at risk, and may order that a guardian ad litem be appointed in other instances when justice so requires.

AB539, s. 196 Section 196. 813.123 (3) (b) 2. and 3. of the statutes are renumbered 813.123 (3) (c) 1. and 2. and amended to read:

AB539,70,2 813.123 (3) (c) 1. That all persons, other than the vulnerable adult individual at risk, the parties, their attorneys, a representative of the county protective services adult-at-risk agency or elder-adult-at-risk agency, witnesses, court personnel, and any guardian or any guardian ad litem, be excluded from any hearing under this section.

AB539,70,7 2. That access to any record of an action under this section be available only to the vulnerable adult individual at risk, the parties, their attorneys, any guardian or any guardian ad litem, the county protective services adult-at-risk agency or elder-adult-at-risk agency, court personnel, and, upon appeal, any applicable court upon appeal.

AB539, s. 197 Section 197. 813.123 (3) (c) (intro.) of the statutes is created to read:

AB539,70,10 813.123 (3) (c) (intro.) The court or circuit court commissioner, on its or his or her own motion or the motion of any party, may order any of the following:

AB539, s. 198 Section 198. 813.123 (4) (a) (intro.) of the statutes is amended to read:

AB539,70,19 813.123 (4) (a) (intro.) Unless the vulnerable adult individual at risk, guardian, or guardian ad litem consents in writing and the judge or circuit court commissioner agrees that the contact is in the best interests of the vulnerable adult individual at risk, a judge or circuit court commissioner shall issue a temporary restraining order ordering the respondent to avoid interference with an investigation of the vulnerable adult under s. 55.043, the delivery of protective services to the vulnerable adult under s. 55.05 or a protective placement of the vulnerable adult under s. 55.06, as specified in par. (ar), if all of the following occur:

AB539, s. 199 Section 199. 813.123 (4) (a) 2. of the statutes is renumbered 813.123 (4) (a) 2. (intro.) and amended to read:

AB539,70,23 813.123 (4) (a) 2. (intro.) The judge or circuit court commissioner finds reasonable grounds to believe that any of the following:

AB539,71,6 a. That the respondent has interfered with, or, based on prior conduct of the respondent, may interfere with, an investigation of the vulnerable adult under s. 55.043, individual at risk, the delivery of protective services to the vulnerable adult individual at risk under s. 55.05 or a protective placement of the vulnerable adult individual at risk under s. 55.06, or the delivery of services to an elder adult at risk under s. 46.90 (5m); and that the interference complained of, if continued, would make it difficult to determine whether abuse, material abuse, neglect, or self-neglect has occured, is occurring, or may recur.

AB539, s. 200 Section 200. 813.123 (4) (a) 2. b. of the statutes is created to read:

AB539,71,10 813.123 (4) (a) 2. b. That the respondent engaged in or threatened to engage in the abuse, financial exploitation, neglect, harassment, or stalking of an individual at risk or the mistreatment of an animal.

AB539, s. 201 Section 201. 813.123 (4) (ar) of the statutes is created to read:

AB539,71,13 813.123 (4) (ar) A temporary restraining order issued under par. (a) shall order the respondent to do one or more of the following:

AB539,71,17 1. Avoid interference with an investigation of the elder adult at risk under s. 46.90 or the adult at risk under s. 55.043, the delivery of protective services to the individual at risk under s. 55.05 or a protective placement of the individual at risk under s. 55.06, or the delivery of services to the elder adult at risk under s. 46.90 (5m).

AB539,71,20 2. Cease engaging in or threatening to engage in the abuse, financial exploitation, neglect, harassment, or stalking of an individual at risk or mistreatment of an animal.

AB539,71,22 3. Avoid the residence of the individual at risk or any other location temporarily occupied by the individual at risk, or both.

AB539,71,25 4. Avoid contacting or causing any person other than a party's attorney or a law enforcement officer to contact the individual at risk unless the individual at risk consents in writing.

AB539,72,2 5. Engage in any other appropriate remedy not inconsistent with the remedies requested in the petition.

AB539, s. 202 Section 202. 813.123 (5) (a) (intro.) of the statutes is amended to read:

AB539,72,11 813.123 (5) (a) (intro.) Unless the vulnerable adult individual at risk, guardian, or guardian ad litem consents in writing to that a contact in writing and the judge agrees that the contact is in the best interests of the vulnerable adult individual at risk, a judge may grant an injunction ordering the respondent to avoid interference with an investigation of the vulnerable adult under s. 55.043, the delivery of protective services to the vulnerable adult under s. 55.05 or a protective placement of the vulnerable adult under s. 55.06, as specified in par. (ar), if all of the following occur:

AB539, s. 203 Section 203. 813.123 (5) (a) 3. a. of the statutes is amended to read:

AB539,72,19 813.123 (5) (a) 3. a. That the respondent has interfered with, or, based upon prior conduct of the respondent, may interfere with , an investigation of the vulnerable elder adult at risk under s. 46.90 or the adult at risk under s. 55.043 and that the interference complained of, if continued, would make it difficult to determine if misappropriation of property or abuse or neglect, financial exploitation, neglect, harassment, or stalking of an individual at risk or mistreatment of an animal is occurring or may recur.

AB539, s. 204 Section 204. 813.123 (5) (a) 3. b. of the statutes is amended to read:

AB539,73,2 813.123 (5) (a) 3. b. That the respondent has interfered with the delivery to the vulnerable adult individual at risk of protective services under s. 55.05 or a protective placement of the vulnerable adult individual at risk under s. 55.06 after the offer of protective services or protective placement has been made and the vulnerable adult individual at risk or his or her guardian, if any, has consented to receipt of the protective services or protective placement; or that the respondent has interfered with the delivery of services to an elder adult at risk under s. 46.90 (5m).

AB539, s. 205 Section 205. 813.123 (5) (a) 3. c. of the statutes is created to read:

AB539,73,6 813.123 (5) (a) 3. c. That the respondent has engaged in or threatened to engage in the abuse, financial exploitation, neglect, harassment, or stalking of an individual at risk or the mistreatment of an animal.

AB539, s. 206 Section 206. 813.123 (5) (ar) of the statutes is created to read:

AB539,73,9 813.123 (5) (ar) An injunction granted under par. (a) shall order the respondent to do one or more of the following:

AB539,73,13 1. Avoid interference with an investigation of the elder adult at risk under s. 46.90 or the adult at risk under s. 55.043, the delivery of protective services to the individual at risk under s. 55.05 or a protective placement of the individual at risk under s. 55.06, or the delivery of services to the elder adult at risk under s. 46.90 (5m).

AB539,73,16 2. Cease engaging in or threatening to engage in the abuse, financial exploitation, neglect, harassment, or stalking of an individual at risk or the mistreatment of an animal.

AB539,73,18 3. Avoid the residence of the individual at risk or any other location temporarily occupied by the individual at risk, or both.

AB539,73,21 4. Avoid contacting or causing any person other than a party's attorney or a law enforcement officer to contact the individual at risk unless the individual at risk consents in writing.

AB539,73,23 5. Any other appropriate remedy not inconsistent with the remedies requested in the petition.

AB539, s. 207 Section 207. 813.123 (5) (c) 1., 2. and 3. of the statutes are amended to read:

AB539,74,2 813.123 (5) (c) 1. An injunction under this subsection is effective according to its terms but for not more than 2 4 years.

AB539,74,7 2. When an injunction that has been in effect for less than 6 months expires, the court shall extend the injunction if the petitioner states that an extension is necessary to protect the vulnerable adult individual at risk. This extension shall remain in effect until 6 months after the date on which the court first entered the injunction.

AB539,74,10 3. If the petitioner states that an extension is necessary to protect the vulnerable adult individual at risk, the court may extend the injunction for not more than 2 years.

AB539, s. 208 Section 208. 813.123 (6) (a) of the statutes is amended to read:

AB539,74,13 813.123 (6) (a) The name of the petitioner and the vulnerable adult individual at risk.

AB539, s. 209 Section 209. 813.123 (6) (c) of the statutes is amended to read:

AB539,74,23 813.123 (6) (c) That the respondent interfered with , or, based on prior conduct of the respondent, may interfere with, an investigation of the elder adult at risk under s. 46.90 (5), an investigation of the vulnerable adult adult at risk under s. 55.043, the delivery of protective services to the vulnerable adult individual at risk under s. 55.05 or, a protective placement of the vulnerable adult individual at risk under s. 55.06, or the delivery of services to the elder adult at risk under s. 46.90 (5m); or that the respondent engaged in, or threatened to engage in, the abuse, financial exploitation, neglect, stalking, or harassment of an individual at risk or mistreatment of an animal.

AB539, s. 210 Section 210. 813.123 (7) of the statutes is amended to read:

AB539,75,8 813.123 (7) Interference order. Any order under this section directing a person to avoid interference with an investigation of a vulnerable adult under s. 55.043, the delivery of protective services to a vulnerable adult under s. 55.05 or a protective placement of a vulnerable adult under s. 55.06 prohibits the person sub. (4) (ar) 1. or 2. or (5) (ar) 1. or 2. also shall prohibit the respondent from intentionally preventing a representative or employee of the county protective services agency from meeting, communicating or being in visual or audio contact with the vulnerable adult adult at risk, except as provided in the order.

AB539, s. 211 Section 211. 813.123 (9) (intro.) of the statutes is amended to read:

AB539,75,11 813.123 (9) (intro.) A law enforcement officer may shall arrest and take a person into custody if all of the following occur:

AB539, s. 212 Section 212. 813.123 (11) of the statutes is repealed.

AB539, s. 213 Section 213. 880.01 (2) of the statutes is amended to read:

AB539,75,22 880.01 (2) "Developmentally disabled person" means any individual having a disability attributable to mental retardation, cerebral palsy, epilepsy, autism or another neurological condition closely related to mental retardation or requiring treatment similar to that required for mentally retarded individuals, which has continued or can be expected to continue indefinitely, substantially impairs the individual from adequately providing for his or her own care or custody and constitutes a substantial handicap to the afflicted individual. The term does not include a person affected by senility which is primarily caused by the process of aging or the infirmities of aging degenerative brain disorder.

AB539, s. 214 Section 214. 880.01 (4) of the statutes is amended to read:

AB539,76,3 880.01 (4) "Incompetent" means a person adjudged by a court of record to be substantially incapable of managing his or her property or caring for himself or herself by reason of infirmities of aging degenerative brain disorder, developmental disabilities, or other like incapacities. Physical disability without mental incapacity is not sufficient to establish incompetence.

AB539, s. 215 Section 215. 880.01 (5) of the statutes is renumbered 880.01 (1t) and amended to read:

AB539,76,10 880.01 (1t) "Infirmities of aging" "Degenerative brain disorder" means organic brain damage caused by advanced age or other physical degeneration in connection therewith to the extent that the person so afflicted the loss or dysfunction of brain cells to the extent that an individual is substantially impaired in his or her ability to adequately provide adequately for his or her own care or custody.

AB539, s. 216 Section 216. 895.85 (2) of the statutes is amended to read:

AB539,76,16 895.85 (2) Scope. This section does not apply to awards of double damages or treble damages, or to the award of exemplary damages under ss. 46.90 (6) (c) (9) (a) and (b), 51.30 (9), 51.61 (7), 55.043 (9m) (a) and (b), 103.96 (2), 134.93 (5), 146.84 (1) (b) and (bm), 153.85, 252.14 (4), 252.15 (8) (a), 610.70 (7) (b), 943.245 (2) and (3) and 943.51 (2) and (3).

AB539, s. 217 Section 217. 940.225 (2) (j) of the statutes is created to read:

AB539,76,20 940.225 (2) (j) Is a licensee, employee, or nonclient resident of an entity, as defined in s. 48.685 (1) (b) or 50.065 (1) (c), and has sexual contact or sexual intercourse with a client of the entity.

AB539, s. 218 Section 218. 940.225 (5) (ab) of the statutes is renumbered 940.225 (5) (acm).

AB539, s. 219 Section 219. 940.225 (5) (abm) and (ak) of the statutes are created to read:

AB539,76,24 940.225 (5) (abm) "Client" means an individual who receives direct care or treatment services from an entity.

AB539,77,3 (ak) "Nonclient resident" means an individual who resides, or is expected to reside, at an entity, who is not a client of the entity, and who has, or is expected to have, regular, direct contact with the clients of the entity.

AB539, s. 220 Section 220. 940.285 (title) of the statutes is amended to read:

AB539,77,5 940.285 (title) Abuse of vulnerable adults individuals at risk.

AB539, s. 221 Section 221. 940.285 (1) (a) of the statutes is repealed.

AB539, s. 222 Section 222. 940.285 (1) (ag) of the statutes is created to read:

AB539,77,8 940.285 (1) (ag) "Abuse" means any of the following:

AB539,77,9 1. Physical abuse, as defined in s. 46.90 (1) (fg).

AB539,77,10 2. Emotional abuse, as defined in s. 46.90 (1) (cm).

AB539,77,11 3. Sexual abuse, as defined in s. 46.90 (1) (gd).

AB539,77,12 4. Treatment without consent, as defined in s. 46.90 (1) (h).

AB539,77,13 5. Unreasonable confinement or restraint, as defined in s. 46.90 (1) (i).

AB539,77,17 6. Deprivation of a basic need for food, shelter, clothing, or personal or health care, including deprivation resulting from the failure to provide or arrange for a basic need by a person who has assumed responsibility for meeting the need voluntarily or by contract, agreement, or court order.