SB442: Bill Text

SB442,9,7 813.128 (2g) (a) 3. The order identifies the protected individual and the respondent.

SB442,27 Section 27. 813.128 (2g) (a) 4. of the statutes is created to read:

SB442,9,9 813.128 (2g) (a) 4. The order is currently in effect.

SB442,28 Section 28. 813.128 (3) of the statutes is renumbered 813.128 (5) and amended to read:

SB442,9,18 813.128 (5) Immunity. A law enforcement officer, law enforcement agency, prosecuting attorney, state, local, or Indian tribe or band governmental official, or clerk of circuit court is immune from civil and criminal liability for his or her acts or omissions arising out of a decision related to the filing of a foreign protection order or modification or to the detention or arrest of an alleged violator of a foreign protection order or modification if the act or omission is done in a good faith effort to comply with this section and s. 806.247, 2011 stats.

SB442,29 Section 29. 813.128 (3g) (b) 3. of the statutes is created to read:

SB442,9,23 813.128 (3g) (b) 3. For the purposes of this paragraph, the protection order may be inscribed on a tangible medium or may have been stored in an electronic or other medium if it is retrievable in perceivable form. Presentation of a certified copy of a protection order is not required for enforcement.

SB442,30 Section 30. 813.128 (3g) (c) to (i) of the statutes are created to read:

SB442,10,3 813.128 (3g) (c) If a foreign protection order is not presented, a law enforcement officer of this state may consider other information in determining whether there is probable cause to believe that a valid foreign protection order exists.

SB442,10,9 (d) If a law enforcement officer of this state determines that an otherwise valid foreign protection order cannot be enforced because the respondent has not been notified or served with the order, the officer shall inform the respondent of the order, make a reasonable effort to serve the order upon the respondent, and allow the respondent a reasonable opportunity to comply with the order before enforcing the order.

SB442,10,13 (e) A tribunal of this state shall enforce the provisions of a valid foreign protection order that govern custody, physical placement, and visitation, if the order was issued in accordance with the jurisdictional requirements governing the issuance of custody, physical placement, and visitation orders in the issuing state.

SB442,10,15 (f) A foreign protection order that is valid on its face is prima facie evidence of its validity.

SB442,10,17 (g) Absence of any of the criteria for validity of a foreign protection order is an affirmative defense in an action seeking enforcement of the order.

SB442,10,21 (h) A tribunal of this state may enforce provisions of a foreign mutual protection order that favor a respondent only if the respondent filed a written pleading seeking a protection order from the tribunal of the issuing state and the tribunal of the issuing state made specific findings in favor of the respondent.

SB442,10,24 (i) A tribunal of this state may not a enforce a foreign protection order issued by a tribunal of a state that does not recognize the standing of a protected individual to seek enforcement of the order.

SB442,31 Section 31. 813.128 (6) of the statutes is created to read:

SB442,11,3 813.128 (6) Other remedies. A protected individual who pursues remedies under this section is not precluded from pursuing other legal or equitable remedies against the respondent.

SB442,32 Section 32. 813.128 (7) of the statutes is created to read:

SB442,11,5 813.128 (7) Applicability. This section applies to all of the following:

SB442,11,8 (a) A request made on or after the effective date of this paragraph .... [LRB inserts date], for enforcement of a foreign protection order for a violation of the order, regardless of when the order was issued or when the violation occurred.

SB442,11,10 (b) A continuing action for enforcement of a foreign protection order, regardless of when the order was issued or when the action was commenced.

SB442,33 Section 33. 940.20 (1m) (a) of the statutes is amended to read:

SB442,11,15 940.20 (1m) (a) Any person who is subject to an injunction under s. 813.12 or a tribal injunction filed under s. 806.247 (3) 813.128 (3g) and who intentionally causes bodily harm to the petitioner who sought the injunction by an act done without the consent of the petitioner is guilty of a Class I felony.

SB442,34 Section 34. 941.29 (1) (f) of the statutes is amended to read:

SB442,11,22 941.29 (1) (f) Enjoined under an injunction issued under s. 813.12 or 813.122 or under a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under this section and that has been filed under s. 806.247 (3) 813.128 (3g).

SB442,35 Section 35. 968.07 (1m) of the statutes is amended to read:

SB442,12,3 968.07 (1m) Notwithstanding sub. (1), a law enforcement officer shall arrest a person when required to do so under s. 813.12 (7), 813.122 (10), 813.125 (6), 813.128 (1) (3g) (b), or 968.075 (2) (a) or (5) (e).

SB442,36 Section 36. 968.075 (2) (am) of the statutes is amended to read:

SB442,12,9 968.075 (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) (3g) (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.

SB442,37 Section 37. 973.075 (1) (b) 1m. f. of the statutes is amended to read:

SB442,12,12 973.075 (1) (b) 1m. f. In the commission of a crime under s. 813.12 (8), 813.122 (11), 813.123 (10), 813.125 (7), 813.128 (2) (4) or 940.32.

SB442,38 Section 38. 973.075 (1) (bm) of the statutes is amended to read:

SB442,12,20 973.075 (1) (bm) Any property used in the commission of a crime under s. 813.12 (8), 813.122 (11), 813.123 (10), 813.125 (7), 813.128 (2) (4) 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.

SB442,12,21 (End)