SB104,7,1615 (g) Whether the person has a history of abusing alcohol or a controlled
16substance.
SB104,7,18 17(3) The court may request the department of corrections to provide a validated
18danger assessment of the person in order to make the findings required in sub. (2).
SB104,7,21 19(4) If a court enters an order under sub. (1), the court shall provide the person
20who petitioned for the restraining order or injunction with a referral to a domestic
21violence or sexual assault victim service provider.
SB104,8,3 22(5) If, after weighing the factors set forth under sub. (2), the court determines
23that a person is likely to cause serious bodily harm to the person who petitioned for
24the restraining order or injunction, poses a serious threat to public safety, or is likely
25to intimidate witnesses, and the court determines that another alternative,

1including imprisonment, is more likely to protect the person who petitioned for the
2restraining order or injunction or the public or more likely to prevent the
3intimidation of witnesses, the court may not enter an order under sub. (1).
SB104, s. 7 4Section 7. 814.75 (8m) of the statutes is created to read:
SB104,8,65 814.75 (8m) The global positioning system tracking surcharge under s. 971.37
6(1m) (c) 1. or 973.057.
SB104, s. 8 7Section 8. 946.465 of the statutes is amended to read:
SB104,8,12 8946.465 Tampering with a global positioning system tracking device.
9Whoever, without the authorization of the department of corrections, intentionally
10tampers with, or blocks, diffuses, or prevents the clear reception of, a signal
11transmitted by, a global positioning system tracking device or comparable
12technology that is provided under s. 301.48 or 301.49 is guilty of a Class I felony.
SB104, s. 9 13Section 9. 969.02 (3) (e) of the statutes is created to read:
SB104,8,2014 969.02 (3) (e) If the person is charged with violating a restraining order or
15injunction issued under ss. 813.12 to 813.125 or an order or modification enforced
16under s. 813.128, require the person to submit to global positioning system tracking
17under s. 301.49 and may require the person to participate in mental health
18treatment, a batterer's intervention program, or individual counseling. The judge
19shall consider a request by the district attorney or the petitioner, as defined in s.
20301.49 (1) (c), in determining whether to issue an order under this paragraph.
SB104, s. 10 21Section 10. 971.37 (1m) (c) 1. (intro.) of the statutes is amended to read:
SB104,9,522 971.37 (1m) (c) 1. (intro.) The agreement may provide as one of its conditions
23that a person covered under sub. (1) (b) or (c) pay the domestic abuse surcharge under
24s. 973.055 and, if applicable, the global positioning system tracking surcharge under
25s. 973.057. If the agreement requires the person to pay the global positioning system

1tracking surcharge under s. 973.057, the agreement shall also require the person to
2pay the domestic abuse surcharge under s. 973.055
. Payments and collections of the
3domestic abuse surcharge and the global positioning system tracking surcharge

4under this subdivision are subject to s. 973.055 (2) to (4) or to s. 973.057 (2) and (3),
5respectively
, except as follows:
SB104, s. 11 6Section 11. 971.37 (1m) (c) 2. of the statutes is amended to read:
SB104,9,97 971.37 (1m) (c) 2. If the prosecution is resumed under sub. (2) and the person
8is subsequently convicted, a court shall give the person credit under s. 973.055 and,
9if applicable, s. 973.057
for any amount paid under subd. 1.
SB104, s. 12 10Section 12. 973.05 (2m) (jm) of the statutes is created to read:
SB104,9,1211 973.05 (2m) (jm) To payment of the global positioning system tracking
12surcharge until paid in full.
SB104, s. 13 13Section 13. 973.057 of the statutes is created to read:
SB104,9,17 14973.057 Global positioning system tracking surcharge. (1) If a court
15convicts a person under ss. 813.12 to 813.128, or a conforming municipal ordinance,
16the court shall impose a global positioning system tracking surcharge under ch. 814
17of $200 for each offense.
SB104,9,22 18(2) (a) If the surcharge is imposed by a court of record, after the court
19determines the amount due, the clerk of the court shall collect and transmit the
20amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer
21shall then make payment to the secretary of administration as provided in s. 59.25
22(3) (f) 2.
SB104,9,2423 (b) If the surcharge is imposed by a municipal court, after a determination by
24the court of the amount due, the court shall collect and transmit the amount to the

1treasurer of the county, city, town, or village, and that treasurer shall make payment
2to the secretary of administration as provided in s. 66.0114 (1) (bm).
SB104,10,5 3(3) All moneys collected from global positioning system tracking surcharges
4shall be deposited by the secretary of administration in s. 20.410 (gL) and utilized
5in accordance with s. 301.49.
SB104,10,9 6(4) If the moneys collected under this section prove inadequate to fund the
7global positioning system tracking program under s. 301.49, the department may, by
8rule, increase the surcharge under sub. (1) by not more than 5 percent each year to
9cover the costs of the global positioning system tracking program.
SB104, s. 14 10Section 14 . Nonstatutory provisions.
SB104,10,1511 (1) The department of corrections shall promulgate rules to implement section
12301.49 of the statutes, as created by this act. The department of corrections shall
13consult with one or more organizations or agencies that are dedicated to the
14prevention of domestic violence, law enforcement agencies, judges, district
15attorneys, and probation officers in developing the implementation plan.
SB104, s. 15 16Section 15 . Initial applicability.
SB104,10,2017 (1) The treatment of sections 20.410 (1) (gL), 814.75 (8m), 971.37 (1m) (c) 1.
18(intro.) and 2., 973.05 (2m) (jm), and 973.057 of the statutes first applies to a person
19who is convicted or who enters into a deferred prosecution agreement on the effective
20date of this subsection.
SB104,10,2221 (2) The treatment of sections 301.49, 813.129, 946.465, and 969.02 (3) (e) of the
22statutes first applies to violations that occur on the effective date of this subsection.
SB104, s. 16 23Section 16. Effective dates. This act takes effect on the first day of the 6th
24month beginning after publication, except as follows:
SB104,11,4
1(1) The treatment of sections 16.705 (1n), 16.71 (5m), 20.410 (1) (gk) (title) and
2(gL), 814.75 (8m), 971.37 (1m) (c) 1. (intro.) and 2., 973.05 (2m) (jm), and 973.057 of
3the statutes and Sections 14 and 15 (1) of this act take effect on the day after
4publication.
SB104,11,55 (End)
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