February 5, 2014 - Introduced by Senator Lazich, cosponsored by Representatives
Rodriguez and J. Ott. Referred to Committee on Judiciary and Labor.
SB567,1,5 1An Act to amend 813.12 (4) (c) 1., 813.12 (4) (c) 2., 813.122 (5) (d) 1., 813.122 (5)
2(d) 2., 813.122 (5) (d) 3., 813.123 (5) (c) 1., 813.123 (5) (c) 2., 813.123 (5) (c) 3. and
3813.125 (4) (c); and to create 813.12 (4) (d), 813.122 (5) (dm), 813.123 (5) (d) and
4813.125 (4) (d) of the statutes; relating to: extending the time certain
5injunctions remain in effect.
Analysis by the Legislative Reference Bureau
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 or 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 generally 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. An injunction may stay in effect for a maximum period of four years,
except that if the victim is a child, the injunction may stay in effect for a maximum
period of two years, or until the child reaches the age of 18, whichever occurs first.

Under current law, if an injunction expires before the maximum period allowable for
the injunction, the court may extend the injunction, but only up to the maximum
allowable period.
Under this bill, if a judge issues an injunction or extends an injunction that has
expired, the judge may order that the injunction stay in effect for up to eight years,
or up to four years if the victim is a child, if the judge finds that there is a substantial
risk that the person may commit first-degree or second-degree homicide or
first-degree, second-degree, or third-degree sexual assault against the victim.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB567,1 1Section 1. 813.12 (4) (c) 1. of the statutes is amended to read:
SB567,2,72 813.12 (4) (c) 1. An injunction under this subsection is effective according to its
3terms, for the period of time that the petitioner requests, but not more than 4 years,
4except as provided in par. (d)
. An injunction granted under this subsection is not
5voided if the petitioner allows or initiates contact with the respondent or by the
6admittance of the respondent into a dwelling that the injunction directs him or her
7to avoid.
SB567,2 8Section 2. 813.12 (4) (c) 2. of the statutes is amended to read:
SB567,2,129 813.12 (4) (c) 2. When an injunction granted for less than 4 years expires, the
10court shall extend the injunction if the petitioner states that an extension is
11necessary to protect him or her. This extension shall remain in effect until 4 years
12after the date the court first entered the injunction, except as provided in par. (d).
SB567,3 13Section 3. 813.12 (4) (d) of the statutes is created to read:
SB567,2,1714 813.12 (4) (d) A judge or circuit court commissioner may, upon issuing an
15injunction or granting an extension of an injunction issued under this subsection,
16order that the injunction is in effect for not more than 8 years, if the court finds that
17any of the following are true:
SB567,3,3
11. There is a substantial risk that the respondent may commit first-degree
2intentional homicide under s. 940.01, or 2nd-degree intentional homicide under s.
3940.05, against the petitioner.
SB567,3,54 2. There is a substantial risk that the respondent may commit sexual assault
5under s. 940.225 (1), (2), or (3), or under s. 948.02 (1) or (2), against the petitioner.
SB567,4 6Section 4. 813.122 (5) (d) 1. of the statutes is amended to read:
SB567,3,97 813.122 (5) (d) 1. An injunction under this subsection is effective according to
8its terms, but, except as provided in par. (dm), for not more than 2 years or until the
9child victim attains 18 years of age, whichever occurs first.
SB567,5 10Section 5. 813.122 (5) (d) 2. of the statutes is amended to read:
SB567,3,1511 813.122 (5) (d) 2. When an injunction in effect for less than 6 months expires,
12the court shall extend the injunction if the petitioner states that an extension is
13necessary to protect the child victim. This extension shall remain in effect until 6
14months after the date the court first entered the injunction or until the child attains
1518 years of age, whichever occurs first, except as provided in par. (dm).
SB567,6 16Section 6. 813.122 (5) (d) 3. of the statutes is amended to read:
SB567,3,2017 813.122 (5) (d) 3. If the petitioner states that an extension is necessary to
18protect the child victim, the court may extend the injunction for not more than 2
19years or until the child attains 18 years of age, whichever occurs first, except as
20provided in par. (dm)
.
SB567,7 21Section 7. 813.122 (5) (dm) of the statutes is created to read:
SB567,3,2422 813.122 (5) (dm) A judge may, upon issuing an injunction or granting an
23extension of an injunction issued under this subsection, order that the injunction is
24in effect for not more than 4 years, if the court finds that any of the following are true:
SB567,4,3
11. There is a substantial risk that the respondent may commit first-degree
2intentional homicide under s. 940.01, or 2nd-degree intentional homicide under s.
3940.05, against the child victim.
SB567,4,54 2. There is a substantial risk that the respondent may commit sexual assault
5under s. 940.225 (1), (2), or (3), or under s. 948.02 (1) or (2), against the child victim.
SB567,8 6Section 8. 813.123 (5) (c) 1. of the statutes is amended to read:
SB567,4,87 813.123 (5) (c) 1. An injunction under this subsection is effective according to
8its terms, but for not more than 4 years, except as provided in par. (d).
SB567,9 9Section 9. 813.123 (5) (c) 2. of the statutes is amended to read:
SB567,4,1410 813.123 (5) (c) 2. When an injunction that has been in effect for less than 6
11months
expires, the court shall extend the injunction if the petitioner states that an
12extension is necessary to protect the individual at risk. This extension shall remain
13in effect until 6 months after the date on which the court first entered the injunction,
14except as provided in par. (d)
.
SB567,10 15Section 10. 813.123 (5) (c) 3. of the statutes is amended to read:
SB567,4,1816 813.123 (5) (c) 3. If the petitioner states that an extension is necessary to
17protect the individual at risk, the court may extend the injunction for not more than
182 years, except as provided in par. (d).
SB567,11 19Section 11. 813.123 (5) (d) of the statutes is created to read:
SB567,4,2220 813.123 (5) (d) A judge may, upon issuing an injunction or granting an
21extension of an injunction issued under this subsection, order that the injunction is
22in effect for not more than 8 years, if the court finds that any of the following are true:
SB567,4,2523 1. There is a substantial risk that the respondent may commit first-degree
24intentional homicide under s. 940.01, or 2nd-degree intentional homicide under s.
25940.05, against the person at risk.
SB567,5,2
12. There is a substantial risk that the respondent may commit sexual assault
2under s. 940.225 (1), (2), or (3), or under s. 948.02 (1) or (2), against the person at risk.
SB567,12 3Section 12. 813.125 (4) (c) of the statutes is amended to read:
SB567,5,54 813.125 (4) (c) An injunction under this subsection is effective according to its
5terms, but for not more than 4 years, except as provided in par. (d).
SB567,13 6Section 13. 813.125 (4) (d) of the statutes is created to read:
SB567,5,107 813.125 (4) (d) A judge or circuit court commissioner may, upon issuing an
8injunction or granting an extension of an injunction issued under this subsection,
9order that the injunction is in effect for not more than 8 years, if the court finds that
10any of the following are true:
SB567,5,1311 1. There is a substantial risk that the respondent may commit first-degree
12intentional homicide under s. 940.01, or 2nd-degree intentional homicide under s.
13940.05, against the petitioner.
SB567,5,1514 2. There is a substantial risk that the respondent may commit sexual assault
15under s. 940.225 (1), (2), or (3), or under s. 948.02 (1) or (2), against the petitioner.
SB567,14 16Section 14. Initial applicability.
SB567,5,1817 (1) This act first applies to injunctions issued or extended on the effective date
18of this subsection.
SB567,5,1919 (End)
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