AB473,7,14 13813.128 (title) Foreign Uniform interstate enforcement of domestic
14violence
protection orders act.
AB473,17 15Section 17. 813.128 (1) (title) of the statutes is repealed.
AB473,18 16Section 18. 813.128 (1) (a) of the statutes is renumbered 813.128 (2g) (b) and
17amended to read:
AB473,7,2218 813.128 (2g) (b) A foreign protection order or modification of the foreign
19protection order that meets the requirements under s. 806.247 (2) this section has
20the same effect as an order issued under s. 813.12, 813.122, 813.123 or 813.125,
21except that the foreign protection order or modification shall be enforced according
22to its own terms.
AB473,19 23Section 19. 813.128 (1) (b) of the statutes is renumbered 813.128 (3g) (b).
AB473,20 24Section 20. 813.128 (1g) (b) of the statutes is created to read:
AB473,8,3
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.
AB473,21 4Section 21. 813.128 (1g) (c) of the statutes is created to read:
AB473,8,65 813.128 (1g) (c) "Foreign protection order" means a protection order issued by
6a tribunal other than a tribunal of this state.
AB473,22 7Section 22. 813.128 (1g) (d) of the statutes is created to read:
AB473,8,98 813.128 (1g) (d) "Protected individual" means an individual protected by a
9protection order.
AB473,23 10Section 23. 813.128 (1g) (f) of the statutes is created to read:
AB473,8,1211 813.128 (1g) (f) "Respondent" means the individual against whom enforcement
12of a protection order is sought.
AB473,24 13Section 24. 813.128 (1g) (g) of the statutes is created to read:
AB473,8,1814 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.
AB473,25 19Section 25. 813.128 (2) of the statutes is renumbered 813.128 (4) and amended
20to read:
AB473,9,421 813.128 (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.
AB473,26 5Section 26. 813.128 (2g) (a) 3. of the statutes is created to read:
AB473,9,76 813.128 (2g) (a) 3. The order identifies the protected individual and the
7respondent.
AB473,27 8Section 27. 813.128 (2g) (a) 4. of the statutes is created to read:
AB473,9,99 813.128 (2g) (a) 4. The order is currently in effect.
AB473,28 10Section 28. 813.128 (3) of the statutes is renumbered 813.128 (5) and amended
11to read:
AB473,9,1812 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, 2013 stats.
AB473,29 19Section 29. 813.128 (3g) (b) 3. of the statutes is created to read:
AB473,9,2320 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.
AB473,30 24Section 30. 813.128 (3g) (c) to (i) of the statutes are created to read:
AB473,10,3
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.
AB473,10,94 (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.
AB473,10,1310 (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.
AB473,10,1514 (f) A foreign protection order that is valid on its face is prima facie evidence of
15its validity.
AB473,10,1716 (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.
AB473,10,2118 (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.
AB473,10,2422 (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.
AB473,31 25Section 31. 813.128 (6) of the statutes is created to read:
AB473,11,3
1813.128 (6) Other remedies. A protected individual who pursues remedies
2under this section is not precluded from pursuing other legal or equitable remedies
3against the respondent.
AB473,32 4Section 32. 813.128 (7) of the statutes is created to read:
AB473,11,55 813.128 (7) Applicability. This section applies to all of the following:
AB473,11,86 (a) A request made on or after the effective date of this paragraph .... [LRB
7inserts date], for enforcement of a foreign protection order for a violation of the order,
8regardless of when the order was issued or when the violation occurred.
AB473,11,109 (b) A continuing action for enforcement of a foreign protection order, regardless
10of when the order was issued or when the action was commenced.
AB473,33 11Section 33. 940.20 (1m) (a) of the statutes is amended to read:
AB473,11,1512 940.20 (1m) (a) Any person who is subject to an injunction under s. 813.12 or
13a tribal injunction filed under s. 806.247 (3) 813.128 (3g) and who intentionally
14causes bodily harm to the petitioner who sought the injunction by an act done
15without the consent of the petitioner is guilty of a Class I felony.
AB473,34 16Section 34. 941.29 (1) (f) of the statutes is amended to read:
AB473,11,2217 941.29 (1) (f) Enjoined under an injunction issued under s. 813.12 or 813.122
18or under a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court
19established by any federally recognized Wisconsin Indian tribe or band, except the
20Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he
21or she is subject to the requirements and penalties under this section and that has
22been filed under s. 806.247 (3) 813.128 (3g).
AB473,35 23Section 35. 968.07 (1m) of the statutes is amended to read:
AB473,12,3
1968.07 (1m) Notwithstanding sub. (1), a law enforcement officer shall arrest
2a person when required to do so under s. 813.12 (7), 813.122 (10), 813.125 (6), 813.128
3(1)
(3g) (b), or 968.075 (2) (a) or (5) (e).
AB473,36 4Section 36. 968.075 (2) (am) of the statutes is amended to read:
AB473,12,95 968.075 (2) (am) Notwithstanding s. 968.07 (1), unless the person's arrest is
6required under s. 813.12 (7), 813.122 (10), 813.125 (6), or 813.128 (1) (3g) (b) or sub.
7(5) (e), if a law enforcement officer identifies the predominant aggressor, it is
8generally not appropriate for a law enforcement officer to arrest anyone under par.
9(a) other than the predominant aggressor.
AB473,37 10Section 37. 973.075 (1) (b) 1m. f. of the statutes is amended to read:
AB473,12,1211 973.075 (1) (b) 1m. f. In the commission of a crime under s. 813.12 (8), 813.122
12(11), 813.123 (10), 813.125 (7), 813.128 (2) (4) or 940.32.
AB473,38 13Section 38. 973.075 (1) (bm) of the statutes is amended to read:
AB473,12,2014 973.075 (1) (bm) Any property used in the commission of a crime under s.
15813.12 (8), 813.122 (11), 813.123 (10), 813.125 (7), 813.128 (2) (4) or 940.32, but if the
16property is encumbered by a bonafide perfected security interest that was perfected
17before the date of the commission of the current violation and the holder of the
18security interest neither had knowledge of nor consented to the commission of that
19violation, the holder of the security interest shall be paid from the proceeds of the
20forfeiture.
AB473,12,2121 (End)
Loading...
Loading...