AB1140,29,1715 175.35 (2k) (c) 2. a. A statement that the Wisconsin law enforcement agency
16is conducting an investigation of a crime in which a handgun firearm was used or was
17attempted to be used or was unlawfully possessed.
AB1140,67 18Section 67 . 175.35 (2k) (c) 2. b. of the statutes is amended to read:
AB1140,29,2219 175.35 (2k) (c) 2. b. A statement by a division commander or higher authority
20within the Wisconsin law enforcement agency that he or she has a reasonable
21suspicion that the person who is the subject of the information request has obtained
22or is attempting to obtain a handgun firearm.
AB1140,68 23Section 68. 175.35 (2k) (cm) of the statutes is created to read:
AB1140,30,3
1175.35 (2k) (cm) The department of justice may forward a final transaction
2status to the national instant criminal background check system in accordance with
3applicable federal regulations.
AB1140,69 4Section 69 . 175.35 (2k) (g) of the statutes is amended to read:
AB1140,30,85 175.35 (2k) (g) If a search conducted under sub. (2g) indicates that the
6transferee is prohibited from possessing a firearm under s. 941.29 or 18 USC 922, the
7attorney general or his or her designee may disclose to a law enforcement agency that
8the transferee has attempted to obtain a handgun.
AB1140,70 9Section 70 . 175.35 (2k) (g) of the statutes, as affected by 2021 Wisconsin Act
10.... (this act), is amended to read:
AB1140,30,1411 175.35 (2k) (g) If a search conducted under sub. (2g) indicates that the
12transferee is prohibited from possessing a firearm under s. 941.29 or 18 USC 922, the
13attorney general or his or her designee may disclose to a law enforcement agency that
14the transferee has attempted to obtain a handgun firearm.
AB1140,71 15Section 71. 175.35 (2k) (gm) of the statutes is created to read:
AB1140,30,1916 175.35 (2k) (gm) If the circumstances surrounding a search conducted under
17sub. (2g) indicate a potential violation of s. 941.2905 (1), the attorney general or his
18or her designee may disclose to a law enforcement agency any information sufficient
19for the law enforcement agency to conduct an investigation of the potential violation.
AB1140,72 20Section 72 . 175.35 (2k) (h) of the statutes is amended to read:
AB1140,31,221 175.35 (2k) (h) If a search conducted under sub. (2g) indicates a felony charge
22without a recorded disposition and the attorney general or his or her designee has
23reasonable grounds to believe the transferee may pose a danger to himself, herself
24or another, the attorney general or his or her designee may disclose to a law

1enforcement agency that the transferee has obtained or has attempted to obtain a
2handgun firearm.
AB1140,73 3Section 73 . 175.35 (2L) of the statutes is amended to read:
AB1140,31,104 175.35 (2L) The department of justice shall promulgate rules providing for the
5review of nonapprovals under sub. (2g) (c) 4. a. Any person who is denied the right
6to purchase receive a transfer of a handgun firearm because the firearms dealer
7received a nonapproval number under sub. (2g) (c) 4. a. may request a firearms
8restrictions record search review under those rules. If the person disagrees with the
9results of that review, the person may file an appeal under rules promulgated by the
10department.
AB1140,74 11Section 74 . 175.35 (2t) (a), (b) and (c) of the statutes are amended to read:
AB1140,31,1312 175.35 (2t) (a) Transfers of any handgun firearm classified as an antique by
13regulations of the U.S. department of the treasury.
AB1140,31,1514 (b) Transfers of any handgun firearm between firearms dealers or between
15wholesalers and dealers.
AB1140,31,1716 (c) Transfers of any handgun firearm to law enforcement or armed services
17agencies.
AB1140,75 18Section 75 . 175.35 (3) (b) 2. of the statutes is amended to read:
AB1140,31,2419 175.35 (3) (b) 2. A person who violates sub. (2e) by intentionally providing false
20information regarding whether he or she is purchasing receiving a transfer of the
21firearm with the purpose or intent to transfer the firearm to another who the person
22knows or reasonably should know is prohibited from possessing a firearm under
23state or federal law is guilty of a Class H felony. The penalty shall include a fine that
24is not less than $500.
AB1140,76 25Section 76 . 175.60 (7) (d) of the statutes is amended to read:
AB1140,32,2
1175.60 (7) (d) A fee for a background check that is equal to the fee charged under
2s. 175.35 (2i) (a).
AB1140,77 3Section 77 . 175.60 (9g) (a) 2. of the statutes is amended to read:
AB1140,32,224 175.60 (9g) (a) 2. The department shall conduct a criminal history record
5search and shall search its records and conduct a search in the national instant
6criminal background check system to determine whether the applicant is prohibited
7from possessing a firearm under federal law; whether the applicant is prohibited
8from possessing a firearm under s. 941.29; whether the applicant is prohibited from
9possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats.; whether the applicant
10has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1.,
1154.10 (3) (f) 1., or 55.12 (10) (a); whether the applicant is subject to an injunction
12under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued
13by a court established by any federally recognized Wisconsin Indian tribe or band,
14except the Menominee Indian tribe of Wisconsin, that includes notice to the
15respondent that he or she is subject to the requirements and penalties under s.
16941.29 and that has been filed with the circuit court under s. 813.128 (3g); whether
17the applicant is subject to a temporary restraining order or injunction under s.
18813.124;
and whether the applicant is prohibited from possessing a firearm under
19s. 813.123 (5m) or 813.125 (4m); and to determine if the court has prohibited the
20applicant from possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03 (1)
21(c) and if the applicant is prohibited from possessing a dangerous weapon as a
22condition of release under s. 969.01.
AB1140,78 23Section 78. 175.60 (11) (a) 2. f. of the statutes is amended to read:
AB1140,33,3
1175.60 (11) (a) 2. f. The individual becomes subject to an a temporary
2restraining order or
injunction described in s. 941.29 (1m) (f) or is ordered not to
3possess a firearm under s. 813.123 (5m) or 813.125 (4m).
AB1140,79 4Section 79 . 175.60 (15) (b) 4. b. of the statutes is amended to read:
AB1140,33,65 175.60 (15) (b) 4. b. A fee for a background check that is equal to the fee charged
6under s. 175.35 (2i) (a).
AB1140,80 7Section 80. 301.048 (2) (bm) 1. a. of the statutes, as affected by 2021 Wisconsin
8Act 76
, is amended to read:
AB1140,33,189 301.048 (2) (bm) 1. a. A crime specified in s. 940.19 (3), 1999 stats., s. 940.195
10(3), 1999 stats., s. 943.23 (1m), 1999 stats., or s. 943.23 (1r), 1999 stats., or s. 940.01,
11940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19 (4) or (5), 940.195 (4)
12or (5), 940.198 (2), 940.20, 940.201, 940.202, 940.203, 940.21, 940.225 (1) to (3),
13940.23, 940.235, 940.285 (2) (a) 1. or 2., 940.29, 940.295 (3) (b) 1g., 1m., 1r., 2., or 3.,
14940.31, 940.43 (1) to (3), 940.45 (1) to (3) (2m) (a) to (c) or (3m), 940.44 (2m) (a) to (c),
15941.20 (2) or (3), 941.26, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02,
16943.04, 943.06, 943.10 (2), 943.23 (1g), 943.30, 943.32, 946.43, 947.015, 948.02 (1) or
17(2), 948.025, 948.03, 948.04, 948.05, 948.051, 948.06, 948.07, 948.08, 948.085, or
18948.30.
AB1140,81 19Section 81 . 302.43 of the statutes is amended to read:
AB1140,34,9 20302.43 Good time. Every inmate of a county jail is eligible to earn good time
21in the amount of one-fourth of his or her term for good behavior if sentenced to at
22least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit
23for time served prior to sentencing under s. 973.155, including good time under s.
24973.155 (4). An inmate who violates any law or any regulation of the jail, or neglects
25or refuses to perform any duty lawfully required of him or her, may be deprived by

1the sheriff of good time under this section, except that the sheriff shall not deprive
2the inmate of more than 2 days good time for any one offense without the approval
3of the court. An inmate who files an action or special proceeding, including a petition
4for a common law writ of certiorari, to which s. 807.15 applies shall be deprived of
5the number of days of good time specified in the court order prepared under s. 807.15
6(3). This section does not apply to a person who is confined in the county jail in
7connection with his or her participation in a substance abuse treatment program
8that meets the requirements of s. 165.95 (3), as determined by the department of
9justice under s. 165.95 (9) and (10).
AB1140,82 10Section 82. 767.461 (4) of the statutes, as created by 2021 Wisconsin Act 20,
11is amended to read:
AB1140,34,2312 767.461 (4) A term of incarceration, extended supervision, parole, or probation
13for a violation of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10,
14940.19, 940.195, 940.20, 940.201 (2) 940.202, 940.203 (2), 940.225 (1), (2), or (3),
15940.23, 940.235, 940.24 (1), 940.30, 940.302 (2), 940.305, 940.31, 940.32 (2), (2e), or
16(2m), 940.42, 940.43, 940.44, 940.45, 941.20, 941.29, 941.30, 941.39, 943.011 (2),
17947.012, 947.013, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.051, 948.055,
18948.06, 948.07, 948.08, 948.085, 948.095, 948.30, 948.55, or 951.02 or any felony to
19which the penalty enhancer under s. 939.621 could be imposed, for a violation of a
2072-hour no contact order under s. 968.075 (5), for a violation of a domestic abuse
21restraining order, child abuse restraining order, or harassment restraining order, or
22for a violation to which a penalty enhancer for the use of a dangerous weapon is
23applied.
AB1140,83 24Section 83. 801.50 (5sb) of the statutes is created to read:
AB1140,35,2
1801.50 (5sb) Venue of an action under s. 813.124 shall be in the county in which
2the cause of action arose or where the petitioner or the respondent resides.
AB1140,84 3Section 84. 801.58 (2m) of the statutes is amended to read:
AB1140,35,114 801.58 (2m) If, under sub. (2), the judge determines that the request for
5substitution was made timely and in proper form, any ex parte order granted by the
6original judge remains in effect according to the terms, except that a temporary
7restraining order issued under s. 813.12 (3), 813.122 (4), 813.123 (4), 813.124 (2t), or
8813.125 (3) by the original judge is extended until the newly assigned judge holds a
9hearing on the issuance of an injunction. The newly assigned judge shall hear any
10subsequent motion to modify or vacate any ex parte order granted by the original
11judge.
AB1140,85 12Section 85. 813.06 of the statutes is amended to read:
AB1140,35,21 13813.06 Security for damages. In proceedings under s. 767.225 the court or
14judge may, and in all other proceedings except proceedings under ss. 813.12, 813.122,
15813.124, 813.125 and 823.113 the court or judge shall, require a bond of the party
16seeking an injunction, with sureties, to the effect that he or she will pay to the party
17enjoined such damages, not exceeding an amount to be specified, as he or she may
18sustain by reason of the injunction if the court finally decides that the party was not
19entitled thereto. Copies of such bond, affidavit or other pleading shall be served upon
20the party enjoined and the officer serving the same shall, within 8 days after such
21service, file his or her return in the office of the clerk of the court.
AB1140,86 22Section 86 . 813.124 of the statutes is created to read:
AB1140,35,24 23813.124 Extreme risk protection temporary restraining orders and
24injunctions.
(1) Definitions. In this section:
AB1140,35,2525 (a) “Family or household member” means any of the following:
AB1140,36,1
11. A person related by blood, adoption, or marriage to the respondent.
AB1140,36,32 2. A person with whom the respondent has or had a dating relationship, as
3defined in s. 813.12 (1) (ag), or with whom the respondent has a child in common.
AB1140,36,54 3. A person who resides with, or within the 6 months before filing a petition,
5had resided with, the respondent.
AB1140,36,66 4. A domestic partner under ch. 770 of the respondent.
AB1140,36,97 5. A person who is acting or has acted as the respondent's legal guardian or who
8is or was a foster parent or other physical custodian described in s. 48.62 (2) of the
9respondent.
AB1140,36,1210 6. A person for whom the respondent is acting or has acted as a legal guardian
11or for whom the respondent is or was the foster parent or other physical custodian
12described in s. 48.62 (2).
AB1140,36,1313 (b) “Firearms dealer" has the meaning given in s. 175.35 (1) (ar).
AB1140,36,1414 (c) “Law enforcement officer” has the meaning given in s. 165.85 (2) (c).
AB1140,36,17 15(2) Commencement of action and response. No action under this section may
16be commenced by complaint and summons. An action under this section may be
17commenced only by a petition described under sub. (4) (a).
AB1140,36,18 18(2m) Procedure. Procedure for an action under this section is as follows:
AB1140,37,319 (a) If the petitioner requests an extreme risk protection temporary restraining
20order, the court shall consider the request as provided under sub. (2t). If the court
21issues a temporary restraining order, the court shall set forth the date, that must be
22within 14 days of issuing the temporary restraining order, for the hearing on the
23injunction and shall forward a copy of the temporary restraining order, the
24injunction hearing date, and the petition to the appropriate law enforcement agency
25with jurisdiction over the respondent's residence. The law enforcement agency shall

1immediately, or as soon as practicable, serve it on the respondent. If personal service
2cannot be effected upon the respondent, the court may order other appropriate
3service.
AB1140,37,114 (b) The court shall hold a hearing under sub. (3) on whether to issue an extreme
5risk protection injunction, which is the final relief. If there was no temporary
6restraining order, the respondent shall be served notice of the petition by a law
7enforcement officer and the date for the hearing shall be set upon motion by either
8party. If personal service cannot be effected upon the respondent, the court may
9order other appropriate service. The service shall include the name of the respondent
10and of the petitioner, and, if known, notice of the date, time, and place of the
11injunction hearing.
AB1140,37,1312 (c) When the respondent is served under this subsection, the respondent shall
13be provided notice of the requirements and penalties under s. 941.29.
AB1140,37,17 14(2t) Extreme risk protection temporary restraining order. (a) A judge shall
15issue an extreme risk protection temporary restraining order under this subsection
16prohibiting the respondent from possessing a firearm and ordering the respondent
17to surrender all firearms in the respondent's possession if all of the following occur:
AB1140,37,2218 1. A petitioner files a petition alleging the elements under sub. (4) (a), and
19requests a temporary restraining order. The petition requesting a temporary
20restraining order shall be heard by the court in an expedited manner. The court shall
21examine under oath the petitioner and any witness the petitioner may produce or
22may rely on an affidavit submitted in support of the petition.
AB1140,37,2323 2. The judge finds all of the following:
AB1140,37,2424 a. Substantial likelihood that the petition for an injunction will be successful.
AB1140,38,4
1b. Good cause to believe that there is an immediate and present danger that
2the respondent may injure himself or herself or another person if the respondent
3possesses a firearm and that waiting for the injunction hearing may increase the
4immediate and present danger.
AB1140,38,95 (b) A temporary restraining order issued under this section shall remain in
6effect until a hearing is held on issuance of an injunction under sub. (3). Notice need
7not be given to the respondent before issuing a temporary restraining order under
8this subsection. A temporary restraining order may be entered only against the
9respondent named in the petition and may not be renewed or extended.
AB1140,38,1110 (c) A temporary restraining order issued under this subsection shall inform the
11respondent named in the petition of the requirements and penalties under s. 941.29.
AB1140,38,1312 (d) The temporary restraining order issued under par. (a) shall require one of
13the following:
AB1140,38,1614 1. If a law enforcement officer is able to personally serve the respondent with
15the order, the officer to require the respondent to immediately surrender all firearms
16in the respondent's possession.
AB1140,39,217 2. If a law enforcement officer is not able to personally serve the respondent
18with the order, the respondent to, within 24 hours of service, surrender all firearms
19in the respondent's possession to a law enforcement officer or transfer or sell all
20firearms in the respondent's possession to a firearms dealer. Within 48 hours of
21service, the respondent shall file with the court that issued the order under par. (a)
22a receipt indicating that the respondent surrendered, transferred, or sold the
23firearms. The receipt must include the date on which the firearm was surrendered,
24transferred, or sold and the manufacturer, model, and serial number of each firearm

1and must be signed by either the law enforcement officer to whom the firearm was
2surrendered or the firearms dealer to whom the firearm was transferred or sold.
AB1140,39,8 3(3) Extreme risk protection injunction. (a) The court shall hold a hearing on
4whether to issue an extreme risk protection injunction, which is the final relief. At
5the hearing, a judge may grant an injunction prohibiting the respondent from
6possessing a firearm and, if there was no temporary restraining order under sub. (2t),
7ordering the respondent to surrender all firearms in the respondent's possession if
8all of the following occur:
AB1140,39,109 1. The petitioner files a petition alleging the elements set forth under sub. (4)
10(a).
AB1140,39,1411 2. The petitioner serves upon the respondent a copy or summary of the petition
12and notice of the time for hearing on the issuance of the injunction, or the respondent
13serves upon the petitioner notice of the time for hearing on the issuance of the
14injunction.
AB1140,39,1715 3. The judge finds by clear and convincing evidence that the respondent is
16substantially likely to injure himself or herself or another person if the respondent
17possesses a firearm.
AB1140,39,1918 (b) The judge may enter an injunction only against the respondent named in
19the petition.
AB1140,39,2220 (c) 1. Unless a judge vacates the injunction under par. (d), an injunction under
21this subsection is effective for a period determined by the judge that is no longer than
22one year.
AB1140,40,223 2. When an injunction expires, the court shall extend the injunction, upon
24petition, for up to one year if the judge finds by clear and convincing evidence that

1the respondent is still substantially likely to injure himself or herself or another
2person if the respondent possesses a firearm.
AB1140,40,93 (d) A respondent who is subject to an injunction issued under this subsection
4may request in writing a judge to vacate the injunction one time during any
5injunction period. If a respondent files a request under this paragraph, the
6petitioner shall be notified of the request before the judge considers the request. The
7judge shall vacate the injunction if the respondent demonstrates by clear and
8convincing evidence that the respondent is no longer substantially likely to injure
9himself or herself or another person if the respondent possesses a firearm.
AB1140,40,1110 (e) An injunction issued under this subsection shall inform the respondent
11named in the petition of the requirements and penalties under s. 941.29.
AB1140,40,12 12(4) Petition. (a) The petition shall allege facts sufficient to show the following:
AB1140,40,1413 1. The name of the petitioner and, unless the petitioner is a law enforcement
14officer, how the petitioner is a family or household member of the respondent.
AB1140,40,1515 2. The name of the respondent.
AB1140,40,1716 3. That the respondent is substantially likely to injure himself or herself or
17another person if the respondent possesses a firearm.
AB1140,40,1918 4. If the petitioner knows, the number, types, and locations of any firearms that
19the respondent possesses.
AB1140,40,2320 5. If requesting a temporary restraining order, evidence of an immediate and
21present danger that the respondent may injure himself or herself or another person
22if the respondent possesses a firearm and that waiting for the injunction hearing may
23increase the immediate and present danger.
AB1140,40,2524 (b) The clerk of the circuit court shall provide simplified forms to help a person
25file a petition.
AB1140,41,1
1(c) Only the following persons may file a petition under this section:
AB1140,41,22 1. A law enforcement officer.
AB1140,41,33 2. A family or household member of the respondent.
AB1140,41,11 4(5) Enforcement assistance. (a) 1. If a temporary restraining order is issued
5under sub. (2t) or an injunction is issued, extended, or vacated under sub. (3), the
6clerk of the circuit court shall notify the department of justice of the action and shall
7provide the department of justice with information concerning the period during
8which the order or injunction is in effect or the date on which the injunction is vacated
9and with information necessary to identify the respondent for purposes of
10responding to a request under s. 165.63 or for purposes of a firearms restrictions
11record search under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).
AB1140,41,1512 2. Except as provided in subd. 3., the department of justice may disclose
13information that it receives under subd. 1. only to respond to a request under s.
14165.63 or as part of a firearms restrictions record search under s. 175.35 (2g) (c) or
15a background check under s. 175.60 (9g) (a).
AB1140,41,1816 3. The department of justice shall disclose any information that it receives
17under subd. 1. to a law enforcement agency when the information is needed for law
18enforcement purposes.
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