AB263: Bill Text

AB263,5,5 4. Immediately alert the petitioner if the person stays in any exclusion zone for any longer period than the time needed to travel through the zone to get to another destination.

AB263,5,9 (b) The department shall contract with a vendor using a competitive process as described under s. 16.75 to provide staff in this state to install, remove, and maintain equipment related to global positioning system tracking for purposes of this section. The term of the contract may not exceed 3 years.

AB263,5,15 (c) For each person who is subject to global positioning system tracking under this section, the department shall create an individualized exclusion zone for the person, if necessary to protect public safety. In creating an exclusion zone, the department shall include any location that the person is ordered to avoid or enjoined from entering under the restraining order or injunction that the person violated or is alleged to have violated.

AB263,5,20 (4) Termination if person moves out of state. Notwithstanding sub. (2), if a person who is subject to being tracked under this section moves out of state, the department shall terminate the person's tracking. If the person returns to the state during the duration of the restraining order or injunction, the department shall reinstate the person's tracking.

AB263, s. 6 Section 6. 813.12 (8) (c) of the statutes is created to read:

AB263,5,25 813.12 (8) (c) If a person knowingly violates a temporary restraining order or injunction issued under this section, the court may report the violation to the department of corrections immediately upon the person's conviction and may order the person to submit to global position system tracking under s. 301.49.

AB263, s. 7 Section 7. 813.122 (11) of the statutes is renumbered 813.122 (11) (a).

AB263, s. 8 Section 8. 813.122 (11) (b) of the statutes is created to read:

AB263,6,6 813.122 (11) (b) If a person knowingly violates a temporary restraining order or injunction issued under this section, the court may report the violation to the department of corrections immediately upon the person's conviction and may order the person to submit to global position system tracking under s. 301.49.

AB263, s. 9 Section 9. 813.123 (10) of the statutes is renumbered 813.123 (10) (a).

AB263, s. 10 Section 10. 813.123 (10) (b) of the statutes is created to read:

AB263,6,12 813.123 (10) (b) If a person knowingly violates a temporary restraining order or injunction issued under this section, the court may report the violation to the department of corrections immediately upon the person's conviction and may order the person to submit to global position system tracking under s. 301.49.

AB263, s. 11 Section 11. 813.125 (7) of the statutes is renumbered 813.125 (7) (a).

AB263, s. 12 Section 12. 813.125 (7) (b) of the statutes is created to read:

AB263,6,18 813.125 (7) (b) If a person knowingly violates a temporary restraining order or injunction issued under this section, the court may report the violation to the department of corrections immediately upon the person's conviction and may require the person to submit to global position system tracking under s. 301.49.

AB263, s. 13 Section 13. 813.128 (2) of the statutes is renumbered 813.128 (2) (a).

AB263, s. 14 Section 14. 813.128 (2) (b) of the statutes is created to read:

AB263,6,24 813.128 (2) (b) If a person knowingly violates a foreign protection order enforced under this section, the court may report the violation to the department of corrections immediately upon the person's conviction and may require the person to submit to global position system tracking under s. 301.49.

AB263, s. 15 Section 15. 814.75 (8m) of the statutes is created to read:

AB263,7,2 814.75 (8m) The domestic violence surcharge under s. 971.37 (1m) (c) 1. or 973.057.

AB263, s. 16 Section 16. 946.465 of the statutes is amended to read:

AB263,7,8 946.465 Tampering with a global positioning system tracking device. Whoever, without the authorization of the department of corrections, intentionally tampers with, or blocks, diffuses, or prevents the clear reception of, a signal transmitted by, a global positioning system tracking device or comparable technology that is provided under s. 301.48 or 301.49 is guilty of a Class I felony.

AB263, s. 17 Section 17. 969.02 (3) (e) of the statutes is created to read:

AB263,7,16 969.02 (3) (e) If the person is charged with violating a restraining order or injunction issued under ss. 813.12 to 813.125 or an order or modification enforced under s. 813.128, require the person to submit to global positioning system tracking under s. 301.49 and may require the person to participate in mental health treatment, anger management, or individual counseling. The judge shall consider a request by the district attorney or the petitioner, as defined in s. 301.49 (1) (c), in determining whether to issue an order under this paragraph.

AB263, s. 18 Section 18. 971.37 (1m) (c) 1. (intro.) of the statutes is amended to read:

AB263,7,23 971.37 (1m) (c) 1. (intro.) The agreement may provide as one of its conditions that a person covered under sub. (1) (b) or (c) pay the domestic abuse surcharge under s. 973.055 and, if applicable, the domestic violence surcharge under s. 973.057. Payments and collections of the domestic abuse surcharge and the domestic violence surcharge under this subdivision are subject to s. 973.055 (2) to (4) or s. 973.057 (2) and (3), respectively, except as follows:

AB263, s. 19 Section 19. 971.37 (1m) (c) 2. of the statutes is amended to read:

AB263,8,3 971.37 (1m) (c) 2. If the prosecution is resumed under sub. (2) and the person is subsequently convicted, a court shall give the person credit under s. 973.055 and, if applicable, s. 973.057 for any amount paid under subd. 1.

AB263, s. 20 Section 20. 973.057 of the statutes is created to read:

AB263,8,7 973.057 Domestic violence surcharge. (1) If a court convicts a person under s. 813.12 to 813.128, or a conforming municipal ordinance, the court shall impose a domestic violence surcharge under ch. 814 of $200 for each offense.

AB263,8,12 (2) (a) If the surcharge is imposed by a court of record, after the court determines the amount due, the clerk of the court shall collect and transmit the amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration as provided in s. 59.25 (3) (f) 2.

AB263,8,16 (b) If the surcharge is imposed by a municipal court, after a determination by the court of the amount due, the court shall collect and transmit the amount to the treasurer of the county, city, town, or village, and that treasurer shall make payment to the secretary of administration as provided in s. 66.0114 (1) (bm).

AB263,8,19 (3) All moneys collected from domestic violence surcharges shall be deposited by the secretary of administration in s. 20.410 (gL) and utilized in accordance with s. 301.49.

AB263, s. 21 Section 21. 973.075 (1) (b) 1m. f. of the statutes is amended to read:

AB263,8,22 973.075 (1) (b) 1m. f. In the commission of a crime under s. 813.12 (8) (a), 813.122 (11) (a), 813.123 (10) (a), 813.125 (7) (a), 813.128 (2) (a), or 940.32.

AB263, s. 22 Section 22. 973.075 (1) (bm) of the statutes is amended to read:

AB263,9,5 973.075 (1) (bm) Any property used in the commission of a crime under s. 813.12 (8) (a), 813.122 (11) (a), 813.123 (10) (a), 813.125 (7) (a), 813.128 (2) (a), or 940.32, but if the property is encumbered by a bonafide perfected security interest that was perfected before the date of the commission of the current violation and the holder of the security interest neither had knowledge of nor consented to the commission of that violation, the holder of the security interest shall be paid from the proceeds of the forfeiture.

AB263,9,6 (End)