LRB-2141/1
RPN:sac:rs
2013 - 2014 LEGISLATURE
December 16, 2013 - Introduced by Senators Risser, L. Taylor, Miller, Shilling
and Harris, cosponsored by Representatives Goyke, A. Ott, Sargent, Wachs,
Berceau, C. Taylor, Richards and Ohnstad. Referred to Committee on
Transportation, Public Safety, and Veterans and Military Affairs.
SB442,1,11 1An Act to repeal 806.247 (title) and 813.128 (1) (title); to renumber 806.247 (1)
2(intro.), 806.247 (1) (a), 806.247 (2) (title), 806.247 (3) (b) and 813.128 (1) (b); to
3renumber and amend
806.247 (1) (b), 806.247 (2) (a), 806.247 (2) (b), 806.247
4(3) (title), 806.247 (3) (a), 806.247 (3) (c), 813.128 (1) (a), 813.128 (2) and 813.128
5(3); to amend 175.35 (1) (at), 175.60 (9g) (a) 2., 806.245 (6), 813.12 (6) (am) 1.,
6813.128 (title), 940.20 (1m) (a), 941.29 (1) (f), 968.07 (1m), 968.075 (2) (am),
7973.075 (1) (b) 1m. f. and 973.075 (1) (bm); and to create 813.128 (1g) (b),
8813.128 (1g) (c), 813.128 (1g) (d), 813.128 (1g) (f), 813.128 (1g) (g), 813.128 (2g)
9(a) 3., 813.128 (2g) (a) 4., 813.128 (3g) (b) 3., 813.128 (3g) (c) to (i), 813.128 (6)
10and 813.128 (7) of the statutes; relating to: the Uniform Interstate
11Enforcement of Domestic Violence Protection Orders Act.
Analysis by the Legislative Reference Bureau
Current law gives domestic violence protection orders issued by another state
or an Indian tribe full faith and credit in this state, allowing those orders to be
enforced in courts in this state if they meet certain procedural requirements,
including ensuring that the court had jurisdiction over the persons involved and the

subject matter, and that the person subject to the order was provided with his or her
right to due process. Current law establishes a method of filing a foreign protection
order with a circuit court and requires the circuit court to send a copy of that order
to the county sheriff or local law enforcement agency.
Additional current law gives law enforcement officers the authority to arrest a
person subject to a protection order if the law enforcement officer has probable cause
to believe the person has violated a valid foreign protection order. Under current law,
court officials, prosecutors, and law enforcement officers are immune from any
liability for his or her acts or omissions related to the filing of a foreign protection
order or the detention or arrest of an alleged violator of a foreign protection order.
This bill consolidates those separate units of current law and creates additional
statutory language to enact the 2002 Uniform Interstate Enforcement of Domestic
Violence Protection Orders Act, as adopted by the National Conference of
Commissioners on Uniform State Laws.
The Act defines "protection order" to be an injunction or other order, issued by
a tribunal under the domestic violence, family violence, or antistalking laws of the
issuing state, to prevent an individual from engaging in violent or threatening acts
against, harassment of, contact or communication with, or physical proximity to
another individual. The fact that the order has terms and conditions that are
different from orders issued in the enforcing state, or come from tribunals that are
not organized in the same fashion as the tribunals of the enforcing state, does not
mean that the enforcing state may refuse enforcement. Any kind of a foreign order
that is intended to prevent violence must be enforced. The term "tribunal," as used
in the Act, is consistent with the usage of the Uniform Interstate Family Support Act,
which has been enacted in every U.S. jurisdiction. Whether the enforcing body is a
court or an agency, the term tribunal includes both within its scope.
A tribunal with jurisdiction to enforce orders may enforce a foreign protection
order without any other prior perfecting or validating procedure. A valid foreign
protection order must be enforced. A valid protection order is one that identifies the
protected individual (the potential victim) and the respondent (the potential
victimizer), is currently in effect, and was issued by a tribunal with full jurisdiction.
An order valid on its face establishes a prima facie case for its validity. The presence
of an order that identifies the protected individual and the respondent that is current
constitutes probable cause to believe that a valid foreign protection order exists. Law
enforcement officers who are not presented with an actual order may still act to
enforce upon other information that provides probable cause to believe that a valid
order exists.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB442,1 1Section 1. 175.35 (1) (at) of the statutes is amended to read:
SB442,3,16
1175.35 (1) (at) "Firearms restrictions record search" means a search of
2department of justice records to determine whether a person seeking to purchase a
3handgun is prohibited from possessing a firearm under s. 941.29. "Firearms
4restrictions record search" includes a criminal history record search, a search to
5determine whether a person is prohibited from possessing a firearm under s. 51.20
6(13) (cv) 1., 2007 stats., a search in the national instant criminal background check
7system to determine whether a person has been ordered not to possess a firearm
8under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a), a search
9to determine whether the person is subject to an injunction under s. 813.12 or
10813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court
11established by any federally recognized Wisconsin Indian tribe or band, except the
12Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he
13or she is subject to the requirements and penalties under s. 941.29 and that has been
14filed with the circuit court under s. 806.247 (3) 813.128 (3g), and a search to
15determine whether the person is prohibited from possessing a firearm under s.
16813.125 (4m).
SB442,2 17Section 2. 175.60 (9g) (a) 2. of the statutes is amended to read:
SB442,4,1018 175.60 (9g) (a) 2. The department shall conduct a criminal history record
19search and shall search its records and conduct a search in the national instant
20criminal background check system to determine whether the applicant is prohibited
21from possessing a firearm under federal law; whether the applicant is prohibited
22from possessing a firearm under s. 941.29; whether the applicant is prohibited from
23possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats.; whether the applicant
24has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1.,
2554.10 (3) (f) 1., or 55.12 (10) (a); whether the applicant is subject to an injunction

1under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued
2by a court established by any federally recognized Wisconsin Indian tribe or band,
3except the Menominee Indian tribe of Wisconsin, that includes notice to the
4respondent that he or she is subject to the requirements and penalties under s.
5941.29 and that has been filed with the circuit court under s. 806.247 (3) 813.128 (3g);
6and whether the applicant is prohibited from possessing a firearm under s. 813.125
7(4m); and to determine if the court has prohibited the applicant from possessing a
8dangerous weapon under s. 969.02 (3) (c) or 969.03 (1) (c) and if the applicant is
9prohibited from possessing a dangerous weapon as a condition of release under s.
10969.01.
SB442,3 11Section 3. 806.245 (6) of the statutes is amended to read:
SB442,4,1412 806.245 (6) A foreign protection order, as defined in s. 806.247 (1) (b) 813.128
13(1g) (e)
, issued by an Indian tribal court in this state shall be accorded full faith and
14credit under s. 806.247 813.128.
SB442,4 15Section 4. 806.247 (title) of the statutes is repealed.
SB442,5 16Section 5. 806.247 (1) (intro.) of the statutes is renumbered 813.128 (1g)
17(intro).
SB442,6 18Section 6. 806.247 (1) (a) of the statutes is renumbered 813.128 (1g) (a).
SB442,7 19Section 7. 806.247 (1) (b) of the statutes is renumbered 813.128 (1g) (e) and
20amended to read:
SB442,5,221 813.128 (1g) (e) "Foreign protection Protection order" means any temporary or
22permanent injunction or order of a civil or criminal court of the United States, of an
23Indian tribe or of any other state
issued for preventing by a tribunal to prevent an
24individual from engaging in
abuse, bodily harm, communication, contact,
25harassment, physical proximity, threatening acts or violence by or to a another

1person, other than support or custody orders. This term includes an injunction or
2order issued under the antistalking laws of the issuing state.
SB442,8 3Section 8. 806.247 (2) (title) of the statutes is renumbered 813.128 (2g) (title).
SB442,9 4Section 9. 806.247 (2) (a) of the statutes is renumbered 813.128 (2g) (a) and
5amended to read:
SB442,5,96 813.128 (2g) (a) A foreign protection order shall be accorded full faith and
7credit by the courts tribunals in this state and shall be enforced as if the order were
8an order of a court tribunal of this state if the order meets all of the following
9conditions:
SB442,5,1610 1. The foreign protection order was obtained after providing the person against
11whom the protection order was sought
respondent a reasonable notice and
12opportunity to be heard sufficient to protect his or her right to due process. If the
13foreign protection order is an ex parte injunction or order, the person against whom
14the order was obtained
respondent shall have been given notice and an opportunity
15to be heard within a reasonable time after the order was issued sufficient to protect
16his or her right to due process.
SB442,5,1817 2. The court tribunal that issued the order had jurisdiction over the parties and
18over the subject matter.
SB442,10 19Section 10. 806.247 (2) (b) of the statutes is renumbered 813.128 (2g) (c) and
20amended to read:
SB442,5,2321 813.128 (2g) (c) A foreign protection order issued against the person who filed
22a written pleading with a court tribunal for a protection order is not entitled to full
23faith and credit under this subsection if any of the following occurred:
SB442,5,2524 1. No written pleading was filed seeking the foreign protection order against
25that the person who filed a written pleading with a tribunal for a protection order.
SB442,6,2
12. A cross or counter petition was filed but the court tribunal did not make a
2specific finding that each party was entitled to a foreign protection order.
SB442,11 3Section 11. 806.247 (3) (title) of the statutes is renumbered 813.128 (3g) (title)
4and amended to read:
SB442,6,55 813.128 (3g) (title) Filing and enforcement of a foreign protection order.
SB442,12 6Section 12. 806.247 (3) (a) of the statutes is renumbered 813.128 (3g) (a) 1. and
7amended to read:
SB442,6,148 813.128 (3g) (a) 1. A copy of any foreign protection order, or of a modification
9of a foreign protection order that is on file with the circuit court, that is authenticated
10in accordance with an act of congress, an Indian tribal legislative body or the statutes
11of another state may be filed in the office of the clerk of circuit court of any county
12of this state. The clerk may not charge a fee for the filing of a foreign protection order.
13The clerk shall treat any foreign protection order or modification so filed in the same
14manner as a judgment of the circuit court.
SB442,13 15Section 13. 806.247 (3) (b) of the statutes is renumbered 813.128 (3g) (a) 2.
SB442,14 16Section 14. 806.247 (3) (c) of the statutes is renumbered 813.128 (3g) (a) 3. and
17amended to read:
SB442,7,218 813.128 (3g) (a) 3. The sheriff or law enforcement agency that receives a copy
19of a foreign protection order or of a modification of an order from the clerk under par.
20(b)
subd. 2. shall enter the information received concerning the order or modification
21of an order into the transaction information for management of enforcement system
22no later than 24 hours after receiving the information. The sheriff or law
23enforcement agency shall make available to other law enforcement agencies,
24through a verification system, information on the existence and status of any order

1or modification of an order filed under this subsection. The information need not be
2maintained after the order or modification is no longer in effect.
SB442,15 3Section 15. 813.12 (6) (am) 1. of the statutes is amended to read:
SB442,7,104 813.12 (6) (am) 1. If an injunction is issued or extended under sub. (4) or if a
5tribal injunction is filed under s. 806.247 (3) 813.128 (3g), the clerk of the circuit court
6shall notify the department of justice of the injunction and shall provide the
7department of justice with information concerning the period during which the
8injunction is in effect and information necessary to identify the respondent for
9purposes of a firearms restrictions record search under s. 175.35 (2g) (c) or a
10background check under s. 175.60 (9g) (a).
SB442,16 11Section 16. 813.128 (title) of the statutes is amended to read:
SB442,7,13 12813.128 (title) Foreign Uniform interstate enforcement of domestic
13violence
protection orders act.
SB442,17 14Section 17. 813.128 (1) (title) of the statutes is repealed.
SB442,18 15Section 18. 813.128 (1) (a) of the statutes is renumbered 813.128 (2g) (b) and
16amended to read:
SB442,7,2117 813.128 (2g) (b) A foreign protection order or modification of the foreign
18protection order that meets the requirements under s. 806.247 (2) this section has
19the same effect as an order issued under s. 813.12, 813.122, 813.123 or 813.125,
20except that the foreign protection order or modification shall be enforced according
21to its own terms.
SB442,19 22Section 19. 813.128 (1) (b) of the statutes is renumbered 813.128 (3g) (b).
SB442,20 23Section 20. 813.128 (1g) (b) of the statutes is created to read:
SB442,8,3
1813.128 (1g) (b) "Foreign mutual protection order" means a foreign protection
2order that includes provisions in favor of both the individual seeking enforcement of
3the order and the respondent.
SB442,21 4Section 21. 813.128 (1g) (c) of the statutes is created to read:
SB442,8,65 813.128 (1g) (c) "Foreign protection order" means a protection order issued by
6a tribunal other than a tribunal in this state.
SB442,22 7Section 22. 813.128 (1g) (d) of the statutes is created to read:
SB442,8,98 813.128 (1g) (d) "Protected individual" means an individual protected by a
9protection order.
SB442,23 10Section 23. 813.128 (1g) (f) of the statutes is created to read:
SB442,8,1211 813.128 (1g) (f) "Respondent" means the individual against whom enforcement
12of a protection order is sought.
SB442,24 13Section 24. 813.128 (1g) (g) of the statutes is created to read:
SB442,8,1814 813.128 (1g) (g) "Tribunal" means a court, agency, or other entity of a state of
15the United States, the District of Columbia, Puerto Rico, the United States Virgin
16Islands, an American Indian tribe or band, or any territory or insular possession
17subject to the jurisdiction of the United States, authorized by law to issue or modify
18a protection order.
SB442,25 19Section 25. 813.128 (2) of the statutes is renumbered 813.128 (4) and amended
20to read:
SB442,9,421 813.128 (4) Penalty. A person who knowingly violates a condition of a foreign
22protection order or modification of a foreign protection order that is entitled to full
23faith and credit under s. 806.247 this section shall be fined not more than $1,000 or
24imprisoned for not more than 9 months or both. If a foreign protection order and any
25modification of that order that is entitled to full faith and credit under s. 806.247 this

1section
remains current and in effect at the time that a court convicts a person for
2a violation of that order or modification of that order, but that order or modification
3has not been filed under s. 806.247 this section, the court shall direct the clerk of
4circuit court to file the order and any modification of the order.
SB442,26 5Section 26. 813.128 (2g) (a) 3. of the statutes is created to read:
SB442,9,76 813.128 (2g) (a) 3. The order identifies the protected individual and the
7respondent.
SB442,27 8Section 27. 813.128 (2g) (a) 4. of the statutes is created to read:
SB442,9,99 813.128 (2g) (a) 4. The order is currently in effect.
SB442,28 10Section 28. 813.128 (3) of the statutes is renumbered 813.128 (5) and amended
11to read:
SB442,9,1812 813.128 (5) Immunity. A law enforcement officer, law enforcement agency,
13prosecuting attorney, state, local, or Indian tribe or band governmental official, or
14clerk of circuit court is immune from civil and criminal liability for his or her acts or
15omissions arising out of a decision related to the filing of a foreign protection order
16or modification or to the detention or arrest of an alleged violator of a foreign
17protection order or modification if the act or omission is done in a good faith effort
18to comply with this section and s. 806.247, 2011 stats.
SB442,29 19Section 29. 813.128 (3g) (b) 3. of the statutes is created to read:
SB442,9,2320 813.128 (3g) (b) 3. For the purposes of this paragraph, the protection order may
21be inscribed on a tangible medium or may have been stored in an electronic or other
22medium if it is retrievable in perceivable form. Presentation of a certified copy of a
23protection order is not required for enforcement.
SB442,30 24Section 30. 813.128 (3g) (c) to (i) of the statutes are created to read:
SB442,10,3
1813.128 (3g) (c) If a foreign protection order is not presented, a law enforcement
2officer of this state may consider other information in determining whether there is
3probable cause to believe that a valid foreign protection order exists.
SB442,10,94 (d) If a law enforcement officer of this state determines that an otherwise valid
5foreign protection order cannot be enforced because the respondent has not been
6notified or served with the order, the officer shall inform the respondent of the order,
7make a reasonable effort to serve the order upon the respondent, and allow the
8respondent a reasonable opportunity to comply with the order before enforcing the
9order.
SB442,10,1310 (e) A tribunal of this state shall enforce the provisions of a valid foreign
11protection order that govern custody, physical placement, and visitation, if the order
12was issued in accordance with the jurisdictional requirements governing the
13issuance of custody, physical placement, and visitation orders in the issuing state.
SB442,10,1514 (f) A foreign protection order that is valid on its face is prima facie evidence of
15its validity.
SB442,10,1716 (g) Absence of any of the criteria for validity of a foreign protection order is an
17affirmative defense in an action seeking enforcement of the order.
SB442,10,2118 (h) A tribunal of this state may enforce provisions of a foreign mutual protection
19order that favor a respondent only if the respondent filed a written pleading seeking
20a protection order from the tribunal of the issuing state and the tribunal of the
21issuing state made specific findings in favor of the respondent.
SB442,10,2422 (i) A tribunal of this state may not a enforce a foreign protection order issued
23by a tribunal of a state that does not recognize the standing of a protected individual
24to seek enforcement of the order.
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