AB573: Bill Text

AB573,9,4 (4) Injunction. (a) A judge may grant an injunction prohibiting the respondent from possessing a firearm and, if the respondent was not subject to a temporary restraining order under sub. (3), ordering the respondent to surrender all firearms in the respondent's possession if all of the following occur:

AB573,9,6 1. The petitioner files a petition alleging the elements set forth under sub. (5) (a).

AB573,9,10 2. The petitioner serves upon the respondent a copy or summary of the petition and notice of the time for hearing on the issuance of the injunction, or the respondent serves upon the petitioner notice of the time for hearing on the issuance of the injunction.

AB573,9,13 3. The judge finds by clear and convincing evidence that the respondent is substantially likely to injure the respondent or another person if the respondent possesses a firearm.

AB573,9,15 (b) The judge may enter an injunction only against the respondent named in the petition.

AB573,9,18 (c) 1. Unless a judge vacates the injunction under par. (d), an injunction under this subsection is effective for a period determined by the judge that is no longer than one year.

AB573,9,22 2. When an injunction expires, the court shall extend the injunction, upon petition, for up to one year if the judge finds by clear and convincing evidence that the respondent is still substantially likely to injure the respondent or another person if the respondent possesses a firearm.

AB573,9,25 (d) A respondent who is subject to an injunction issued under this subsection may request in writing a judge to vacate the injunction one time during any injunction period. If a respondent files a request under this paragraph, the petitioner shall be notified of the request before the judge considers the request. The judge shall vacate the injunction if the respondent demonstrates by clear and convincing evidence that the respondent is no longer substantially likely to injure the respondent or another person if the respondent possesses a firearm.

AB573,10,6 (e) An injunction issued under this subsection shall inform the respondent named in the petition of the requirements and penalties under s. 941.29.

AB573,10,7 (5) Petition. (a) The petition shall allege facts sufficient to show the following:

AB573,10,9 1. The name of the petitioner and, unless the petitioner is a law enforcement officer, how the petitioner is a family or household member of the respondent.

AB573,10,10 2. The name of the respondent.

AB573,10,12 3. That the respondent is substantially likely to injure the respondent or another person if the respondent possesses a firearm.

AB573,10,14 4. If the petitioner knows, the number, types, and locations of any firearms that the respondent possesses.

AB573,10,16 (b) The clerk of the circuit court shall provide simplified forms to help a person file a petition.

AB573,10,17 (c) Only the following persons may file a petition under this section:

AB573,10,18 1. A law enforcement officer.

AB573,10,19 2. A family or household member of the respondent.

AB573,11,2 (6) Enforcement assistance. (a) 1. If an injunction is issued, extended, or vacated under sub. (4), the clerk of the circuit court shall notify the department of justice of the action and shall provide the department of justice with information concerning the period during which the injunction is in effect or the date on which the injunction is vacated and with information necessary to identify the respondent for purposes of responding to a request under s. 165.63 or for purposes of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).

AB573,11,6 2. Except as provided in subd. 3., the department of justice may disclose information that it receives under subd. 1. only to respond to a request under s. 165.63 or as part of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).

AB573,11,9 3. The department of justice shall disclose any information that it receives under subd. 1. to a law enforcement agency when the information is needed for law enforcement purposes.

AB573,11,14 (b) Within one business day after an order or injunction is issued, extended, or vacated under this section, the clerk of the circuit court shall send a copy of the order or injunction, or of the order extending or vacating an order or injunction, to the sheriff or to any other local law enforcement agency which is the central repository for orders and injunctions and which has jurisdiction over the petitioner's premises.

AB573,11,23 (c) No later than 24 hours after receiving the information under par. (b), the sheriff or other appropriate local law enforcement agency under par. (b) shall enter the information concerning an order or injunction issued, extended, or vacated under this section into the transaction information for management of enforcement system. The sheriff or other appropriate local law enforcement agency shall also make available to other law enforcement agencies, through a verification system, information on the existence and status of any order or injunction issued under this section. The information need not be maintained after the order or injunction is no longer in effect.

AB573,12,2 (7) Penalty for false swearing. Whoever files a petition under this section for a temporary restraining order or injunction knowing the information in the petition to be false is subject to prosecution for false swearing under s. 946.32 (1), a Class H felony.

AB573,12,6 (8) Return of firearms and form. (a) A firearm surrendered under this section may not be returned to the respondent until the respondent completes a petition for the return of firearms under par. (c) and a judge or circuit court commissioner determines all of the following:

AB573,12,8 1. That the temporary restraining order or injunction has been vacated or has expired and not been extended.

AB573,12,13 2. That the person is not prohibited from possessing a firearm under any state or federal law or by the order of any federal court or state court, other than an order from which the judge or circuit court commissioner is competent to grant relief. The court or commissioner shall use the information provided under s. 165.63 to aid in making the determination under this subdivision.

AB573,12,22 (b) If a respondent surrenders under this section a firearm that is owned by a person other than the respondent, the person who owns the firearm may apply for its return to the circuit court for the county in which the person to whom the firearm was surrendered is located. The court shall order such notice as it considers adequate to be given to all persons who have or may have an interest in the firearm and shall hold a hearing to hear all claims to its true ownership. If the right to possession is proved to the court's satisfaction, it shall order the firearm returned. If the court returns a firearm under this paragraph, the court shall inform the person to whom the firearm is returned of the requirements and penalties under s. 941.2905.

AB573,12,24 (c) The director of state courts shall develop a petition for the return of firearms form that is substantially the same as the form under s. 813.1285 (5) (b).

AB573,13,5 (9) Notice of full faith and credit. An order or injunction issued under sub. (3) or (4) shall include a statement that the order or injunction may be accorded full faith and credit in every civil or criminal court of the United States, civil or criminal courts of any other state, and Indian tribal courts to the extent that such courts may have personal jurisdiction over nontribal members.

AB573,9 Section 9 . 813.126 (1) of the statutes is amended to read:

AB573,13,17 813.126 (1) Time limits. If a party seeks to have the judge conduct a hearing de novo under s. 757.69 (8) of a determination, order, or ruling entered by a court commissioner in an action under s. 813.12, 813.122, 813.123, 813.124, or 813.125, including a denial of a request for a temporary restraining order, the motion requesting the hearing must be filed with the court within 30 days after the circuit court commissioner issued the determination, order, or ruling. The court shall hold the de novo hearing within 30 days after the motion requesting the hearing is filed with the court unless the court finds good cause for an extension. Any determination, order, or ruling entered by a court commissioner in an action under s. 813.12, 813.122, 813.123, 813.124, or 813.125 remains in effect until the judge in the de novo hearing issues his or her final determination, order, or ruling.

AB573,10 Section 10. 813.127 of the statutes is amended to read:

AB573,13,25 813.127 Combined actions; domestic abuse, child abuse, extreme risk protection, and harassment. A petitioner may combine in one action 2 or more petitions under one or more of the provisions in ss. 813.12, 813.122 , 813.124, and 813.125 if the respondent is the same person in each petition. In any such action, there is only one fee applicable under s. 814.61 (1) (a). In any such action, the hearings for different types of temporary restraining orders or injunctions may be combined.

AB573,11 Section 11. 813.128 (2g) (b) of the statutes is amended to read:

AB573,14,6 813.128 (2g) (b) A foreign protection order or modification of the foreign protection order that meets the requirements under this section has the same effect as an order issued under s. 813.12, 813.122, 813.123, 813.124, or 813.125, except that the foreign protection order or modification shall be enforced according to its own terms.

AB573,12 Section 12 . 941.29 (1m) (g) of the statutes is amended to read:

AB573,14,9 941.29 (1m) (g) The person is subject to an order not to possess a firearm under s. 813.123 (5m), 813.124 (3) or (4), or 813.125 (4m).

AB573,14,10 (End)