Analysis by the Legislative Reference Bureau
Engrossment information:
The text of Engrossed 2011 Senate Bill 104, as passed by the senate on February
14, 2011, consists of the following documents adopted in the senate on February 14,
2011: the bill as affected by Senate Amendment 3 (as affected by Senate Amendment
1 thereto); and Senate Amendment 4.
Content of Engrossed 2011 Senate Bill 104:
Under current law, an individual who is, or who acts on behalf of, a victim of
abuse, harassment, or threats may obtain a temporary restraining order against the
person who has committed the acts of abuse, harassment, or making a threat. The
restraining order bars the person from contacting the victim and requires the person
to stay away from the victim's residence and other places temporarily occupied by the

victim until a court conducts a hearing to determine whether the restraining order
should be incorporated into a longer lasting injunction.
If the court determines that the person has engaged in, or may engage in, acts
of abuse, harassment, or threats against the victim, the court may issue an
injunction against the person. An injunction may stay in effect for up to four years
and bars the person from contacting the victim, requires the person to stay away from
the victim's residence, and may require the person to stay away from other locations
temporarily occupied by the victim.
A person who violates a restraining order or an injunction may be fined up to
$1,000 and imprisoned for up to nine months, except that a person who violates a
restraining order or injunction that was issued only for harassment faces the same
fine but may be imprisoned for up to 90 days.
This bill allows a court to order a person who is convicted of violating certain
restraining orders or an injunction to submit, for the duration of the restraining
order or injunction, to global positioning system (GPS) tracking by the Department
of Corrections (DOC). The bill also allows a court to order, as a condition of release
to community supervision, a person who is charged with violating a restraining order
or an injunction to submit to GPS tracking.
The bill requires the court to consider a request for GPS tracking by a district
attorney or by the individual who asked for the restraining order. The bill requires
the court to find, before ordering GPS tracking, that the person who violated the
restraining order or injunction is more likely than not to cause serious bodily harm
to the person who petitioned for the restraining order or injunction (petitioner). The
bill allows the court to request DOC or a local domestic violence prevention or
treatment center to provide an assessment of risk in order to determine whether the
person is likely to cause serious bodily harm to the petitioner.
Under the bill, DOC must monitor the person's whereabouts with a GPS device
and, if the person enters into an area that he or she is required to avoid under the
terms of the restraining order or injunction, DOC must immediately notify local law
enforcement and the victim. The bill requires DOC to consider input from the
petitioner and develop a personalized exclusion zone into which the person may not
enter in order to protect the petitioner. If the person enters the exclusion zone, the
bill requires DOC to immediately notify local law enforcement and the petitioner.
The bill increases the fine for violating a domestic abuse or harassment
restraining order or injunction from $1,000 to $10,000 and requires, if a person who
commits a violation is placed on probation, a minimum period of probation of six
months.
Under the bill, a person who violates a restraining order is required to pay a
$200 surcharge in addition to his or her fine that will be used toward the costs of GPS
tracking. Under the bill, the court may order the person to pay for the costs of GPS
tracking. The bill makes it a Class I felony, punishable by a fine up to $10,000,

imprisonment for up to three years and six months, or both, for a person to tamper
with the GPS device.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB104-engrossed, s. 1 1Section 1. 16.705 (1n) of the statutes is amended to read:
SB104-engrossed,3,42 16.705 (1n) Subsection (1) does not apply to a contract entered into by the
3department of corrections for global positioning system tracking services under s.
4301.48 (3) or 301.49.
SB104-engrossed, s. 2 5Section 2. 16.71 (5m) of the statutes is amended to read:
SB104-engrossed,3,86 16.71 (5m) The department shall delegate authority to the department of
7corrections to enter into contracts for global positioning system tracking equipment,
8implementation, and tracking
services under s. ss. 301.48 (3) and 301.49.
SB104-engrossed, s. 3 9Section 3. 20.410 (1) (gk) (title) of the statutes is amended to read:
SB104-engrossed,3,1110 20.410 (1) (gk) (title) Global positioning system tracking devices for certain sex
11offenders
.
SB104-engrossed, s. 4 12Section 4. 20.410 (1) (gL) of the statutes is created to read:
SB104-engrossed,3,2013 20.410 (1) (gL) Global positioning system tracking devices for certain violators
14of restraining orders.
All moneys received under s. 301.49 (5) and all moneys received
15from the global positioning system tracking surcharge on court fines, as authorized
16under s. 971.37 (1m) (c) 1. or 973.057, for expenditures related to the global
17positioning system tracking program under s. 301.49. If the unencumbered balance
18in this appropriation account exceeds $100,000 immediately before the end of any
19fiscal year, the department of corrections shall transfer the excess to the
20appropriation account under s. 20.437 (1) (hh) at the end of that fiscal year.
SB104-engrossed, s. 5 21Section 5. 301.49 of the statutes is created to read:
SB104-engrossed,4,2
1301.49 Global positioning system tracking for persons who violate
2certain orders or injunctions.
(1) Definitions. In this section:
SB104-engrossed,4,43 (a) "Exclusion zone" means a zone in which a person who is tracked using a
4global positioning system tracking device is prohibited from entering.
SB104-engrossed,4,75 (am) "Exclusion zone violation" means entry into an exclusion zone except for
6purposes of traveling through an exclusion zone to get to another destination, unless
7the person is prohibited by the department from making such entry
SB104-engrossed,4,118 (b) "Global positioning system tracking" means tracking using a system that
9actively monitors and identifies a person's location and timely reports or records the
10person's presence in an exclusion zone. "Global positioning system tracking"
11includes comparable technology.
SB104-engrossed,4,1312 (c) "Petitioner" means the person who petitioned for the restraining order or
13injunction that was issued under s. 813.12 or 813.125.
SB104-engrossed,4,1514 (d) "Restraining order or injunction" means an order or an injunction issued
15pursuant to s. 813.12 or 813.125.
SB104-engrossed,4,19 16(2) Who is covered; duration of coverage. (a) The department shall maintain
17global positioning system tracking of a person who is not in jail or in prison and who
18is ordered by a court to submit to monitoring under s. 813.129 for the duration of the
19person's period of probation.
SB104-engrossed,4,2220 (b) The department shall maintain global positioning system tracking of a
21person who is subject to global positioning system tracking as a condition of extended
22supervision.
SB104-engrossed,5,2 23(3) Functions and operation of tracking program. (a) The department shall
24implement a continuous global positioning tracking system to electronically monitor

1the whereabouts of persons who are subject to this section. The system shall do all
2of the following:
SB104-engrossed,5,73 1. Use field monitoring equipment that supports cellular communications with
4as large a coverage area as possible and shall automatically provide instantaneous
5information regarding the whereabouts of a person who is being monitored,
6including information regarding the person's presence in an exclusion zone
7established under par. (c).
SB104-engrossed,5,108 2. Use land line communications equipment to transmit information regarding
9the location of persons who are subject to this section when they are in areas in which
10no commercial cellular service is available.
SB104-engrossed,5,1411 3. Immediately alert the department if the person commits an exclusion zone
12violation. The department shall immediately notify the law enforcement agency
13having jurisdiction over the exclusion zone and the petitioner of any exclusion zone
14violation.
SB104-engrossed,5,1815 (b) The department shall contract with a vendor using a competitive process
16as described under s. 16.75 to provide staff in this state to install, remove, and
17maintain equipment related to global positioning system tracking for purposes of
18this section. The term of the contract may not exceed 3 years.
SB104-engrossed,5,2419 (c) For each person who is subject to global positioning system tracking under
20this section, the department shall create an individualized exclusion zone for the
21person, as necessary to protect the petitioner. In creating an exclusion zone, the
22department shall consider input from the petitioner and shall include any location
23that the person is ordered to avoid or enjoined from entering under the restraining
24order or injunction that the person violated or is alleged to have violated.
SB104-engrossed,6,5
1(4) Termination if person moves out of state. Notwithstanding sub. (2), if a
2person who is subject to being tracked under this section moves out of state, the
3department shall terminate the person's tracking. If the person returns to the state
4during the duration of the restraining order or injunction, the department shall
5immediately reinstate the person's tracking.
SB104-engrossed,6,7 6(5) Costs. (a) The department shall determine all of the following for each
7person tracked:
SB104-engrossed,6,88 1. The cost of global positioning system tracking for the person.
SB104-engrossed,6,109 2. How much of the cost under subd. 1. the person is able to pay based on the
10factors listed in par. (c).
SB104-engrossed,6,1511 (b) If required by the department, a person who is subject to global positioning
12system tracking shall pay for the cost of tracking up to the amount calculated for the
13person under par. (a) 2. The department shall collect moneys paid by the person
14under this paragraph and credit those moneys to the appropriation account under
15s. 20.410 (1) (gL).
SB104-engrossed,6,1716 (c) In determining how much of the costs the person is able to pay, the
17department may consider the following:
SB104-engrossed,6,1818 1. The person's financial resources.
SB104-engrossed,6,1919 2. The present and future earning ability of the person.
SB104-engrossed,6,2020 3. The needs and earning ability of the person's dependents.
SB104-engrossed,6,2121 4. Any other factors that the department considers appropriate.
SB104-engrossed,6,22 22(6) Notice. The department shall provide all of the following to each petitioner:
SB104-engrossed,6,2423 (a) Notice when the person who is ordered by a court to submit to monitoring
24under s. 813.129 is released from incarceration.
SB104-engrossed,7,3
1(b) The exclusion zones that the person must avoid and the amount of time that
2the person is allowed to remain in an exclusion zone before the department and law
3enforcement receive an alert.
SB104-engrossed,7,64 (c) An explanation of the failure rates associated with global positioning system
5tracking programs and an explanation of situations in which a person may not be
6detected by the tracking program.
SB104-engrossed, s. 5d 7Section 5d. 813.12 (8) of the statutes is amended to read:
SB104-engrossed,7,108 813.12 (8) Penalty. (a) Whoever knowingly violates a temporary restraining
9order or injunction issued under sub. (3) or (4) shall be fined not more than $1,000
10$10,000 or imprisoned for not more than 9 months or both.
SB104-engrossed, s. 5r 11Section 5r. 813.125 (7) of the statutes is amended to read:
SB104-engrossed,7,1412 813.125 (7) Penalty. Whoever violates a temporary restraining order or
13injunction issued under this section shall be fined not more than $1,000 $10,000 or
14imprisoned not more than 90 days or both.
SB104-engrossed, s. 6 15Section 6. 813.129 of the statutes is created to read:
SB104-engrossed,7,21 16813.129 Global positioning system tracking. (1) If a person knowingly
17violates a temporary restraining order or injunction issued under s. 813.12 or
18813.125, in addition to other penalties provided in those sections, the court may
19report the violation to the department of corrections immediately upon the person's
20conviction and may order the person to submit to global positioning system tracking
21under s. 301.49.
SB104-engrossed,7,25 22(2) Before issuing an order under sub. (1), the court must find that the person
23is more likely than not to cause serious bodily harm to the person who petitioned for
24the restraining order or injunction or poses the petitioner weighing the following
25factors:
SB104-engrossed,8,3
1(a) Whether the person has allegedly caused physical injury, intentionally
2abused pets or damaged property, or committed sexual assault, an act of
3strangulation or forcible entry to gain access to the petitioner.
SB104-engrossed,8,54 (b) Whether the person has threatened any individual, including the petitioner,
5with harm.
SB104-engrossed,8,76 (c) Whether the person has a history of improperly using or threatening to use
7a firearm or other dangerous weapon.
SB104-engrossed,8,88 (d) Whether the person has expressed suicidal ideation.
SB104-engrossed,8,119 (e) Whether the person has exhibited obsessive or controlling behavior toward
10the petitioner or any member of the petitioner's family, including stalking,
11surveillance, or isolation of the petitioner or any member of the petitioner's family.
SB104-engrossed,8,1212 (f) The person's mental health history.
SB104-engrossed,8,1413 (g) Whether the person has a history of abusing alcohol or a controlled
14substance.
SB104-engrossed,8,17 15(3) (a) The court may request the department of corrections to provide a
16validated risk assessment of the person in order to make the findings required in sub.
17(2).
SB104-engrossed,8,2018 (b) The court may request a domestic violence prevention or treatment center
19in the court's county to complete a danger assessment of the person in order to make
20the findings required in sub. (2).
SB104-engrossed,8,23 21(4) If a court enters an order under sub. (1), the court shall provide the person
22who petitioned for the restraining order or injunction with a referral to a domestic
23violence or sexual assault victim service provider.
SB104-engrossed,9,4 24(5) If, after weighing the factors set forth under sub. (2), the court determines
25that a person is more likely than not to cause serious bodily harm to the person who

1petitioned for the restraining order or injunction or poses the petitioner, and the
2court determines that another alternative, including imprisonment, is more likely
3to protect or prevent the intimidation of the person who petitioned for the restraining
4order or injunction, the court may not enter an order under sub. (1).
SB104-engrossed, s. 7 5Section 7. 814.75 (8m) of the statutes is created to read:
SB104-engrossed,9,76 814.75 (8m) The global positioning system tracking surcharge under s. 971.37
7(1m) (c) 1. or 973.057.
SB104-engrossed, s. 8 8Section 8. 946.465 of the statutes is amended to read:
SB104-engrossed,9,13 9946.465 Tampering with a global positioning system tracking device.
10Whoever, without the authorization of the department of corrections, intentionally
11tampers with, or blocks, diffuses, or prevents the clear reception of, a signal
12transmitted by, a global positioning system tracking device or comparable
13technology that is provided under s. 301.48 or 301.49 is guilty of a Class I felony.
SB104-engrossed, s. 9 14Section 9. 969.02 (3) (e) of the statutes is created to read:
SB104-engrossed,9,2015 969.02 (3) (e) If the person is charged with violating a restraining order or
16injunction issued under s. 813.12 or 813.125, may require the person to participate
17in mental health treatment, a batterer's intervention program, or individual
18counseling. The judge shall consider a request by the district attorney or the
19petitioner, as defined in s. 301.49 (1) (c), in determining whether to issue an order
20under this paragraph.
SB104-engrossed, s. 10 21Section 10. 971.37 (1m) (c) 1. (intro.) of the statutes is amended to read:
SB104-engrossed,9,2522 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-engrossed, s. 11 6Section 11. 971.37 (1m) (c) 2. of the statutes is amended to read:
SB104-engrossed,10,97 971.37 (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-engrossed, s. 12 10Section 12. 973.05 (2m) (jm) of the statutes is created to read:
SB104-engrossed,10,1211 973.05 (2m) (jm) To payment of the global positioning system tracking
12surcharge until paid in full.
SB104-engrossed, s. 13 13Section 13. 973.057 of the statutes is created to read:
SB104-engrossed,10,17 14973.057 Global positioning system tracking surcharge. (1) If a court
15convicts a person under s. 813.12 or 813.125, or a conforming municipal ordinance,
16the court shall impose a global positioning system tracking surcharge under ch. 814
17of $200 for each offense.
SB104-engrossed,10,22 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-engrossed,11,223 (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-engrossed,11,5 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-engrossed,11,9 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-engrossed, s. 13m 10Section 13m. 973.09 (2) (ar) of the statutes is created to read:
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