December 29, 2015 - Introduced by Senators Petrowski, Hansen, Marklein, Olsen
and Wanggaard, cosponsored by Representatives Loudenbeck, Kleefisch,
Ballweg, Berceau, Bernier, E. Brooks, Horlacher, Jacque, Kahl, Knodl, T.
Larson
, Murphy, Mursau, A. Ott, Ripp, Skowronski, Subeck, Thiesfeldt and
Ohnstad. Referred to Committee on Judiciary and Public Safety.
SB490,1,5 1An Act to renumber 813.126; to amend 813.12 (6) (a) and 813.125 (5g) (c); to
2repeal and recreate
813.122 (9) (a) and 813.123 (8) (a); and to create 813.115,
3813.12 (6) (ag), 813.12 (6) (e), 813.122 (9) (d), 813.123 (8) (d), 813.125 (5g) (cm),
4813.125 (5g) (e), 813.126 (1) (title) and 813.126 (2) of the statutes; relating to:
5serving certain documents relating to restraining orders and injunctions.
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 (petitioner) may obtain from a court a temporary
restraining order against the person who has committed the acts of abuse,
harassment, or making a threat (respondent). The restraining order bars the
respondent from contacting the petitioner and requires the respondent to stay away
from the petitioner's residence and other places temporarily occupied by the
petitioner 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 respondent has engaged in, or may engage in,
acts of abuse, harassment, or threats against the petitioner, the court may issue an
injunction. An injunction may stay in effect for up to four years and bars the
respondent from contacting the petitioner, requires the person to stay away from the
petitioner's residence, and may require the respondent to stay away from other
locations temporarily occupied by the petitioner.
Currently, if a court issues a restraining order or injunction or enters another
order relating to a restraining order or injunction, the court can order, upon the

petitioner's request, a sheriff to assist the petitioner in serving the respondent or in
attaining physical possession of the petitioner's residence.
Under this bill, if a court issues a restraining order or injunction or enters
another order relating to a restraining order or injunction, the clerk of court is
required to forward a copy of the order or injunction to the sheriff and the sheriff is
required to assist the petitioner in serving the respondent, unless the petitioner opts
to hire a private server at his or her own expense. Under the bill, a sheriff may supply
a form that is given to the petitioner by the clerk of court in order to gather
information about the respondent that may be useful in effecting service. The bill
requires the clerk of court to maintain the form in a confidential manner, and allows
the clerk of court to transmit documents to the sheriff electronically, so long as the
contents of the documents are protected from unauthorized disclosure. The bill
requires a sheriff who serves or executes a document and who uses an automated
victim notification system to give the petitioner timely notification of the service.
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:
SB490,1 1Section 1. 813.115 of the statutes is created to read:
SB490,3,2 2813.115 Service notification system. A sheriff who executes or serves, or
3who assists a petitioner in executing or serving, a temporary restraining order,
4injunction, or other document or notice under s. 812.12, 813.122, 813.123, or 813.125
5may use the Wisconsin Statewide Victim Notification service or another service
6notification system administered by the department of corrections that enables the
7petitioner to receive an automated notification of the service of the temporary
8restraining order, injunction, or other document or notice that must be served on the
9respondent. A sheriff for a county that uses the system shall enter each order for
10service into the system as soon as practicable so that the petitioner receives timely
11notification of the service. The clerk of court for a county that uses a service
12notification system shall, at the time a petition is filed under s. 812.12, 813.122,

1813.123, or 813.125, make available to the petitioner information on how to gain
2access to the system.
SB490,2 3Section 2. 813.12 (6) (a) of the statutes is amended to read:
SB490,3,94 813.12 (6) (a) If an order is issued under this section, upon request by the
5petitioner the court or circuit court commissioner shall order the sheriff to
6accompany the petitioner and assist in placing him or her in physical possession of
7his or her residence or to otherwise assist in executing or serving the temporary
8restraining order or injunction. The petitioner may, at the petitioner's expense, use
9a private process server to serve papers on the respondent
.
SB490,3 10Section 3. 813.12 (6) (ag) of the statutes is created to read:
SB490,3,1611 813.12 (6) (ag) 1. The clerk of the circuit court shall forward to the sheriff any
12temporary restraining order, injunction, or other document or notice that must be
13served on the respondent under this section and the sheriff shall assist the petitioner
14in executing or serving the temporary restraining order, injunction, or other
15document or notice on the respondent. The petitioner may, at his or her expense,
16elect to use a private server to effect service.
SB490,3,2117 2. If the petitioner elects service by the sheriff, the clerk of circuit court shall
18provide a form supplied by the sheriff to the petitioner that allows the petitioner to
19provide information about the respondent that may be useful to the sheriff in
20effecting service. The clerk shall forward the completed form to the sheriff. The clerk
21shall maintain the form provided under this subdivision in a confidential manner.
SB490,4 22Section 4. 813.12 (6) (e) of the statutes is created to read:
SB490,4,223 813.12 (6) (e) A law enforcement agency and a clerk of circuit court may use
24electronic transmission to facilitate the exchange of documents under this section.

1Any person who uses electronic transmission shall ensure that the electronic
2transmission does not allow unauthorized disclosure of the documents transmitted.
SB490,5 3Section 5. 813.122 (9) (a) of the statutes is repealed and recreated to read:
SB490,4,94 813.122 (9) (a) 1. The clerk of the circuit court shall forward to the sheriff any
5temporary restraining order, injunction, or other document or notice that must be
6served on the respondent under this section and the sheriff shall assist the petitioner
7in executing or serving the temporary restraining order, injunction, or other
8document or notice on the respondent. The petitioner may, at his or her expense,
9elect to use a private server to effect service.
SB490,4,1410 2. If the petitioner elects service by the sheriff, the clerk of circuit court shall
11provide a form supplied by the sheriff to the petitioner that allows the petitioner to
12provide information about the respondent that may be useful to the sheriff in
13effecting service. The clerk shall forward the completed form to the sheriff. The clerk
14shall maintain the form provided under this subdivision in a confidential manner.
SB490,6 15Section 6. 813.122 (9) (d) of the statutes is created to read:
SB490,4,1916 813.122 (9) (d) A law enforcement agency and a clerk of circuit court may use
17electronic transmission to facilitate the exchange of documents under this section.
18Any person who uses electronic transmission shall ensure that the electronic
19transmission does not allow unauthorized disclosure of the documents transmitted.
SB490,7 20Section 7. 813.123 (8) (a) of the statutes is repealed and recreated to read:
SB490,5,221 813.123 (8) (a) 1. The clerk of the circuit court shall forward to the sheriff any
22temporary restraining order, injunction, or other document or notice that must be
23served on the respondent under this section and the sheriff shall assist the petitioner
24in executing or serving the temporary restraining order, injunction, or other

1document or notice on the respondent. The petitioner may, at his or her expense,
2elect to use a private server to effect service.
SB490,5,73 2. If the petitioner elects service by the sheriff, the clerk of circuit court shall
4provide a form supplied by the sheriff to the petitioner that allows the petitioner to
5provide information about the respondent that may be useful to the sheriff in
6effecting service. The clerk shall forward the completed form to the sheriff. The clerk
7shall maintained the form provided under this subdivision in a confidential manner.
SB490,8 8Section 8. 813.123 (8) (d) of the statutes is created to read:
SB490,5,129 813.123 (8) (d) A law enforcement agency and a clerk of circuit court may use
10electronic transmission to facilitate the exchange of documents under this section.
11Any person who uses electronic transmission shall ensure that the electronic
12transmission does not allow unauthorized disclosure of the documents transmitted.
SB490,9 13Section 9. 813.125 (5g) (c) of the statutes is amended to read:
SB490,5,1914 813.125 (5g) (c) If an order is issued under this section, upon request by the
15petitioner the court or circuit court commissioner shall order the sheriff to
16accompany the petitioner and assist in placing him or her in physical possession of
17his or her residence or to otherwise assist in executing or serving the temporary
18restraining order or injunction. The petitioner may, at the petitioner's expense, use
19a private process server to serve papers on the respondent
.
SB490,10 20Section 10. 813.125 (5g) (cm) of the statutes is created to read:
SB490,6,221 813.125 (5g) (cm) 1. The clerk of the circuit court shall forward to the sheriff
22any temporary restraining order, injunction, or other document or notice that must
23be served on the respondent under this section and the sheriff shall assist the
24petitioner in executing or serving the temporary restraining order, injunction, or

1other document or notice on the respondent. The petitioner may, at his or her
2expense, elect to use a private server to effect service.
SB490,6,73 2. If the petitioner elects service by the sheriff, the clerk of circuit court shall
4provide a form supplied by the sheriff to the petitioner that allows the petitioner to
5provide information about the respondent that may be useful to the sheriff in
6effecting service. The clerk shall forward the completed form to the sheriff. The clerk
7shall maintain the form provided under this subdivision in a confidential manner.
SB490,11 8Section 11. 813.125 (5g) (e) of the statutes is created to read:
SB490,6,129 813.125 (5g) (e) A law enforcement agency and a clerk of circuit court may use
10electronic transmission to facilitate the exchange of documents under this section.
11Any person who uses electronic transmission shall ensure that the electronic
12transmission does not allow unauthorized disclosure of the documents transmitted.
SB490,12 13Section 12. 813.126 of the statutes is renumbered 813.126 (1).
SB490,13 14Section 13. 813.126 (1) (title) of the statutes is created to read:
SB490,6,1515 813.126 (1) (title) Time limits.
SB490,14 16Section 14. 813.126 (2) of the statutes is created to read:
SB490,6,1917 813.126 (2) Notice. The clerk of circuit court shall provide notice of a motion
18under sub. (1) to the nonmoving party. This subsection does not apply to a motion
19to review a denial of a temporary restraining order.
SB490,15 20Section 15. Effective date.
SB490,6,2221 (1) This act takes effect on the first day of the 2nd month beginning after
22publication.
SB490,6,2323 (End)
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