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SB70-AA10,108,22 22249. Page 374, line 11: after that line insert:
SB70-AA10,108,23 23 Section 196. 165.25 (11) of the statutes is repealed.”.
SB70-AA10,108,24 24250. Page 374, line 11: after that line insert:
SB70-AA10,109,1
1 Section 197. 756.04 (2) (b) of the statutes is amended to read:
SB70-AA10,109,182 756.04 (2) (b) Each year, on a date agreed upon with the office of the director
3of state courts, the department of transportation shall compile a list that includes the
4name, address, county, date of birth, race, gender, identification number and renewal
5date of each person residing in the state who is licensed as a motor vehicle operator
6under ch. 343 or who has received an identification card under s. 343.50 or 343.51,
7and social security number, as permitted by law and any record sharing agreement
8between the department of transportation and the office of the director of state
9courts. The office of the director of state courts shall establish the format of the list
10by agreement with the department of transportation. The department of
11transportation shall transmit the list without charge to the office of the director of
12state courts, without charge. and to the clerks of court for the district courts of the
13United States within this state. If the department of transportation does not have
14a record sharing agreement with the clerk of court for a district court that requires
15the clerk of court to keep prospective jurors' identification numbers, renewal dates,
16and social security numbers confidential and secure from unauthorized access, the
17department of transportation shall redact that information from the list the
18department of transportation transmits to the clerk of court.
”.
SB70-AA10,109,19 19251. Page 374, line 11: after that line insert:
SB70-AA10,109,20 20 Section 198. 165.63 (3) of the statutes is amended to read:
SB70-AA10,109,2421 165.63 (3) Requests from courts. In making a determination required under
22s. 813.124 (7) (a), 813.1285 (7) (a), or 968.20 (1m) (d) 1., a judge or court commissioner
23shall request information under sub. (2) from the department or from a law
24enforcement agency or law enforcement officer as provided in sub. (4) (d).
SB70-AA10,199
1Section 199. 165.63 (4) (d) of the statutes is amended to read:
SB70-AA10,110,42 165.63 (4) (d) Aid the court in making a determination required under s.
3813.124 (7) (a), 813.1285 (7) (a), or 968.20 (1m) (d) 1. or aid an entity in making a
4determination required under s. 968.20 (1m) (d) 2.
SB70-AA10,200 5Section 200. 175.35 (1) (at) of the statutes is amended to read:
SB70-AA10,110,226 175.35 (1) (at) “Firearms restrictions record search" means a search of
7department of justice records to determine whether a person seeking to purchase a
8handgun is prohibited from possessing a firearm under s. 941.29. “Firearms
9restrictions record search" includes a criminal history record search, a search to
10determine whether a person is prohibited from possessing a firearm under s. 51.20
11(13) (cv) 1., 2007 stats., a search in the national instant criminal background check
12system to determine whether a person has been ordered not to possess a firearm
13under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a), a search
14to determine whether the person is subject to an injunction under s. 813.12 or
15813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court
16established by any federally recognized Wisconsin Indian tribe or band, except the
17Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he
18or she is subject to the requirements and penalties under s. 941.29 and that has been
19filed with the circuit court under s. 813.128 (3g), a search to determine whether the
20person is subject to a temporary restraining order or injunction under s. 813.124,
and
21a search to determine whether the person is prohibited from possessing a firearm
22under s. 813.123 (5m) or 813.125 (4m).
SB70-AA10,201 23Section 201. 175.60 (9g) (a) 2. of the statutes is amended to read:
SB70-AA10,111,1724 175.60 (9g) (a) 2. The department shall conduct a criminal history record
25search and shall search its records and conduct a search in the national instant

1criminal background check system to determine whether the applicant is prohibited
2from possessing a firearm under federal law; whether the applicant is prohibited
3from possessing a firearm under s. 941.29; whether the applicant is prohibited from
4possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats.; whether the applicant
5has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1.,
654.10 (3) (f) 1., or 55.12 (10) (a); whether the applicant is subject to an injunction
7under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued
8by a court established by any federally recognized Wisconsin Indian tribe or band,
9except the Menominee Indian tribe of Wisconsin, that includes notice to the
10respondent that he or she is subject to the requirements and penalties under s.
11941.29 and that has been filed with the circuit court under s. 813.128 (3g); whether
12the applicant is subject to a temporary restraining order or injunction under s.
13813.124;
and whether the applicant is prohibited from possessing a firearm under
14s. 813.123 (5m) or 813.125 (4m); and to determine if the court has prohibited the
15applicant from possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03 (1)
16(c) and if the applicant is prohibited from possessing a dangerous weapon as a
17condition of release under s. 969.01.
SB70-AA10,202 18Section 202. 175.60 (11) (a) 2. f. of the statutes is amended to read:
SB70-AA10,111,2119 175.60 (11) (a) 2. f. The individual becomes subject to an a temporary
20restraining order or
injunction described in s. 941.29 (1m) (f) or is ordered not to
21possess a firearm under s. 813.123 (5m) or 813.125 (4m).
SB70-AA10,203 22Section 203. 801.50 (5sb) of the statutes is created to read:
SB70-AA10,111,2423 801.50 (5sb) Venue of an action under s. 813.124 shall be in the county in which
24the cause of action arose or where the petitioner or the respondent resides.
SB70-AA10,204 25Section 204. 801.58 (2m) of the statutes is amended to read:
SB70-AA10,112,8
1801.58 (2m) If, under sub. (2), the judge determines that the request for
2substitution was made timely and in proper form, any ex parte order granted by the
3original judge remains in effect according to the terms, except that a temporary
4restraining order issued under s. 813.12 (3), 813.122 (4), 813.123 (4), 813.124 (2t), or
5813.125 (3) by the original judge is extended until the newly assigned judge holds a
6hearing on the issuance of an injunction. The newly assigned judge shall hear any
7subsequent motion to modify or vacate any ex parte order granted by the original
8judge.
SB70-AA10,205 9Section 205. 813.06 of the statutes is amended to read:
SB70-AA10,112,18 10813.06 Security for damages. In proceedings under s. 767.225 the court or
11judge may, and in all other proceedings except proceedings under ss. 813.12, 813.122,
12813.124, 813.125 and 823.113 the court or judge shall, require a bond of the party
13seeking an injunction, with sureties, to the effect that he or she will pay to the party
14enjoined such damages, not exceeding an amount to be specified, as he or she may
15sustain by reason of the injunction if the court finally decides that the party was not
16entitled thereto. Copies of such bond, affidavit or other pleading shall be served upon
17the party enjoined and the officer serving the same shall, within 8 days after such
18service, file his or her return in the office of the clerk of the court.
SB70-AA10,206 19Section 206. 813.124 of the statutes is created to read:
SB70-AA10,112,21 20813.124 Extreme risk protection temporary restraining orders and
21injunctions.
(1) Definitions. In this section:
SB70-AA10,112,2222 (a) “Family or household member” means any of the following:
SB70-AA10,112,2323 1. A person related by blood, adoption, or marriage to the respondent.
SB70-AA10,112,2524 2. A person with whom the respondent has or had a dating relationship, as
25defined in s. 813.12 (1) (ag), or with whom the respondent has a child in common.
SB70-AA10,113,2
13. A person who resides with, or within the 6 months before filing a petition,
2had resided with, the respondent.
SB70-AA10,113,33 4. A domestic partner under ch. 770 of the respondent.
SB70-AA10,113,64 5. A person who is acting or has acted as the respondent's legal guardian or who
5is or was a foster parent or other physical custodian described in s. 48.62 (2) of the
6respondent.
SB70-AA10,113,97 6. A person for whom the respondent is acting or has acted as a legal guardian
8or for whom the respondent is or was the foster parent or other physical custodian
9described in s. 48.62 (2).
SB70-AA10,113,1010 (b) “Firearms dealer" has the meaning given in s. 175.35 (1) (ar).
SB70-AA10,113,1111 (c) “Law enforcement officer” has the meaning given in s. 165.85 (2) (c).
SB70-AA10,113,14 12(2) Commencement of action and response. No action under this section may
13be commenced by complaint and summons. An action under this section may be
14commenced only by a petition described under sub. (4) (a).
SB70-AA10,113,15 15(2m) Procedure. Procedure for an action under this section is as follows:
SB70-AA10,113,2516 (a) If the petitioner requests an extreme risk protection temporary restraining
17order, the court shall consider the request as provided under sub. (2t). If the court
18issues a temporary restraining order, the court shall set forth the date, which must
19be within 14 days of issuing the temporary restraining order, for the hearing on the
20injunction and shall forward a copy of the temporary restraining order, the
21injunction hearing date, and the petition to the appropriate law enforcement agency
22with jurisdiction over the respondent's residence. The law enforcement agency shall
23immediately, or as soon as practicable, serve it on the respondent. If personal service
24cannot be effected upon the respondent, the court may order other appropriate
25service.
SB70-AA10,114,8
1(b) The court shall hold a hearing under sub. (3) on whether to issue an extreme
2risk protection injunction, which is the final relief. If there was no temporary
3restraining order, the respondent shall be served notice of the petition by a law
4enforcement officer and the date for the hearing shall be set upon motion by either
5party. If personal service cannot be effected upon the respondent, the court may
6order other appropriate service. The service shall include the name of the respondent
7and of the petitioner, and, if known, notice of the date, time, and place of the
8injunction hearing.
SB70-AA10,114,109 (c) When the respondent is served under this subsection, the respondent shall
10be provided notice of the requirements and penalties under s. 941.29.
SB70-AA10,114,14 11(2t) Extreme risk protection temporary restraining order. (a) A judge shall
12issue an extreme risk protection temporary restraining order under this subsection
13prohibiting the respondent from possessing a firearm and ordering the respondent
14to surrender all firearms in the respondent's possession if all of the following occur:
SB70-AA10,114,1915 1. A petitioner files a petition alleging the elements under sub. (4) (a), and
16requests a temporary restraining order. The petition requesting a temporary
17restraining order shall be heard by the court in an expedited manner. The court shall
18examine under oath the petitioner and any witness the petitioner may produce or
19may rely on an affidavit submitted in support of the petition.
SB70-AA10,114,2020 2. The judge finds all of the following:
SB70-AA10,114,2121 a. Substantial likelihood that the petition for an injunction will be successful.
SB70-AA10,114,2522 b. Good cause to believe that there is an immediate and present danger that
23the respondent may injure himself or herself or another person if the respondent
24possesses a firearm and that waiting for the injunction hearing may increase the
25immediate and present danger.
SB70-AA10,115,5
1(b) A temporary restraining order issued under this subsection shall remain
2in effect until a hearing is held on issuance of an injunction under sub. (3). Notice
3need not be given to the respondent before issuing a temporary restraining order
4under this subsection. A temporary restraining order may be entered against only
5the respondent named in the petition and may not be renewed or extended.
SB70-AA10,115,76 (c) A temporary restraining order issued under this subsection shall inform the
7respondent named in the petition of the requirements and penalties under s. 941.29.
SB70-AA10,115,98 (d) The temporary restraining order issued under this subsection shall require
9one of the following:
SB70-AA10,115,1210 1. If a law enforcement officer is able to personally serve the respondent with
11the order, the officer to require the respondent to immediately surrender all firearms
12in the respondent's possession.
SB70-AA10,115,2313 2. If a law enforcement officer is not able to personally serve the respondent
14with the order, the respondent to, within 24 hours of service, surrender all firearms
15in the respondent's possession to a law enforcement officer or transfer or sell all
16firearms in the respondent's possession to a firearms dealer. Within 48 hours of
17service, the respondent shall file with the court that issued the order under this
18subsection a receipt indicating that the respondent surrendered, transferred, or sold
19the firearms. The receipt must include the date on which each firearm was
20surrendered, transferred, or sold and the manufacturer, model, and serial number
21of each firearm and must be signed by either the law enforcement officer to whom the
22firearm was surrendered or the firearms dealer to whom the firearm was transferred
23or sold.
SB70-AA10,116,4 24(3) Extreme risk protection injunction. (a) The court shall hold a hearing on
25whether to issue an extreme risk protection injunction, which is the final relief. At

1the hearing, a judge may grant an injunction prohibiting the respondent from
2possessing a firearm and, if there was no temporary restraining order under sub. (2t),
3ordering the respondent to surrender all firearms in the respondent's possession if
4all of the following occur:
SB70-AA10,116,65 1. The petitioner files a petition alleging the elements set forth under sub. (4)
6(a).
SB70-AA10,116,107 2. The petitioner serves upon the respondent a copy or summary of the petition
8and notice of the time for hearing on the issuance of the injunction, or the respondent
9serves upon the petitioner notice of the time for hearing on the issuance of the
10injunction.
SB70-AA10,116,1311 3. The judge finds by clear and convincing evidence that the respondent is
12substantially likely to injure himself or herself or another person if the respondent
13possesses a firearm.
SB70-AA10,116,1514 (b) The judge may enter an injunction against only the respondent named in
15the petition.
SB70-AA10,116,1816 (c) 1. Unless a judge vacates the injunction under par. (d), an injunction under
17this subsection is effective for a period determined by the judge that is no longer than
18one year.
SB70-AA10,116,2219 2. When an injunction expires, the court shall extend the injunction, upon
20petition, for up to one year if the judge finds by clear and convincing evidence that
21the respondent is still substantially likely to injure himself or herself or another
22person if the respondent possesses a firearm.
SB70-AA10,117,423 (d) A respondent who is subject to an injunction issued under this subsection
24may request in writing a judge to vacate the injunction one time during any
25injunction period. If a respondent files a request under this paragraph, the

1petitioner shall be notified of the request before the judge considers the request. The
2judge shall vacate the injunction if the respondent demonstrates by clear and
3convincing evidence that the respondent is no longer substantially likely to injure
4himself or herself or another person if the respondent possesses a firearm.
SB70-AA10,117,65 (e) An injunction issued under this subsection shall inform the respondent
6named in the petition of the requirements and penalties under s. 941.29.
SB70-AA10,117,7 7(4) Petition. (a) The petition shall allege facts sufficient to show the following:
SB70-AA10,117,98 1. The name of the petitioner and, unless the petitioner is a law enforcement
9officer, how the petitioner is a family or household member of the respondent.
SB70-AA10,117,1010 2. The name of the respondent.
SB70-AA10,117,1211 3. That the respondent is substantially likely to injure himself or herself or
12another person if the respondent possesses a firearm.
SB70-AA10,117,1413 4. If the petitioner knows, the number, types, and locations of any firearms that
14the respondent possesses.
SB70-AA10,117,1815 5. If requesting a temporary restraining order, evidence of an immediate and
16present danger that the respondent may injure himself or herself or another person
17if the respondent possesses a firearm and that waiting for the injunction hearing may
18increase the immediate and present danger.
SB70-AA10,117,2019 (b) The clerk of the circuit court shall provide simplified forms to help a person
20file a petition.
SB70-AA10,117,2121 (c) Only the following persons may file a petition under this section:
SB70-AA10,117,2222 1. A law enforcement officer.
SB70-AA10,117,2323 2. A family or household member of the respondent.
SB70-AA10,118,6 24(5) Enforcement assistance. (a) 1. If a temporary restraining order is issued
25under sub. (2t) or an injunction is issued, extended, or vacated under sub. (3), the

1clerk of the circuit court shall notify the department of justice of the action and shall
2provide the department of justice with information concerning the period during
3which the order or injunction is in effect or the date on which the injunction is vacated
4and with information necessary to identify the respondent for purposes of
5responding to a request under s. 165.63 or for purposes of a firearms restrictions
6record search under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).
SB70-AA10,118,107 2. Except as provided in subd. 3., the department of justice may disclose
8information that it receives under subd. 1. only to respond to a request under s.
9165.63 or as part of a firearms restrictions record search under s. 175.35 (2g) (c) or
10a background check under s. 175.60 (9g) (a).
SB70-AA10,118,1311 3. The department of justice shall disclose any information that it receives
12under subd. 1. to a law enforcement agency when the information is needed for law
13enforcement purposes.
SB70-AA10,118,1914 (b) Within one business day after a temporary restraining order is issued under
15sub. (2t) or an injunction is issued, extended, or vacated under sub. (3), the clerk of
16the circuit court shall send a copy of the temporary restraining order, of the
17injunction, or of the order extending or vacating an injunction, to the sheriff or to any
18other local law enforcement agency that is the central repository for injunctions and
19that has jurisdiction over the petitioner's premises.
SB70-AA10,119,320 (c) No later than 24 hours after receiving the information under par. (b), the
21sheriff or other appropriate local law enforcement agency under par. (b) shall enter
22the information concerning a temporary restraining order issued under sub. (2t) or
23concerning an injunction issued, extended, or vacated under sub. (3) into the
24transaction information for management of enforcement system. The sheriff or other
25appropriate local law enforcement agency shall also make available to other law

1enforcement agencies, through a verification system, information on the existence
2and status of any order or injunction issued under this section. The information need
3not be maintained after the order or injunction is no longer in effect.
SB70-AA10,119,54 (d) 1. The court may schedule a hearing to surrender firearms for any reason
5relevant to the surrender of firearms.
SB70-AA10,119,106 2. If the respondent does not comply with an order issued at a hearing to
7surrender firearms, or a law enforcement officer has probable cause to believe that
8the respondent possesses a firearm, the law enforcement officer shall request a
9search warrant to seize the firearms and may use information contained in the
10petition to establish probable cause.
SB70-AA10,119,13 11(6) Penalty for false swearing. Whoever files a petition under this section
12knowing the information in the petition to be false is subject to the penalty for false
13swearing under s. 946.32 (1).
SB70-AA10,119,17 14(7) Return of firearms and form. (a) A firearm surrendered under this section
15may not be returned to the respondent until the respondent completes a petition for
16the return of firearms under par. (c) and a judge or circuit court commissioner
17determines all of the following:
SB70-AA10,119,1918 1. If a temporary restraining order was issued, that the temporary restraining
19order has expired and no injunction has been issued.
SB70-AA10,119,2120 2. If an injunction was issued, that the injunction has been vacated or has
21expired and not been extended.
SB70-AA10,120,222 3. That the person is not prohibited from possessing a firearm under any state
23or federal law or by the order of any federal court or state court, other than an order
24from which the judge or circuit court commissioner is competent to grant relief. The

1judge or commissioner shall use the information provided under s. 165.63 to aid in
2making the determination under this subdivision.
SB70-AA10,120,113 (b) If a respondent surrenders under this section a firearm that is owned by a
4person other than the respondent, the person who owns the firearm may apply for
5its return to the circuit court for the county in which the person to whom the firearm
6was surrendered is located. The court shall order such notice as it considers
7adequate to be given to all persons who have or may have an interest in the firearm
8and shall hold a hearing to hear all claims to its true ownership. If the right to
9possession is proved to the court's satisfaction, it shall order the firearm returned.
10If the court returns a firearm under this paragraph, the court shall inform the person
11to whom the firearm is returned of the requirements and penalties under s. 941.2905.
SB70-AA10,120,1312 (c) The director of state courts shall develop a petition for the return of firearms
13form that is substantially the same as the form under s. 813.1285 (5) (b).
SB70-AA10,120,19 14(8) Notice of full faith and credit. A temporary restraining order issued
15under sub. (2t) and an injunction issued under sub. (3) shall include a statement that
16the order or injunction may be accorded full faith and credit in every civil or criminal
17court of the United States, civil or criminal courts of any other state, and Indian
18tribal courts to the extent that such courts may have personal jurisdiction over
19nontribal members.
SB70-AA10,207 20Section 207. 813.126 (1) of the statutes is amended to read:
SB70-AA10,121,621 813.126 (1) Time limits for de novo hearing. If a party seeks to have the judge
22conduct a hearing de novo under s. 757.69 (8) of a determination, order, or ruling
23entered by a court commissioner in an action under s. 813.12, 813.122, 813.123,
24813.124, or 813.125, including a denial of a request for a temporary restraining order,
25the motion requesting the hearing must be filed with the court within 30 days after

1the circuit court commissioner issued the determination, order, or ruling. The court
2shall hold the de novo hearing within 30 days after the motion requesting the hearing
3is filed with the court unless the court finds good cause for an extension. Any
4determination, order, or ruling entered by a court commissioner in an action under
5s. 813.12, 813.122, 813.123, 813.124, or 813.125 remains in effect until the judge in
6the de novo hearing issues his or her final determination, order, or ruling.
SB70-AA10,208 7Section 208. 813.127 of the statutes is amended to read:
SB70-AA10,121,14 8813.127 Combined actions; domestic abuse, child abuse, extreme risk
9protection,
and harassment. A petitioner may combine in one action 2 or more
10petitions under one or more of the provisions in ss. 813.12, 813.122 , 813.124, and
11813.125 if the respondent is the same person in each petition. In any such action,
12there is only one fee applicable under s. 814.61 (1) (a). In any such action, the
13hearings for different types of temporary restraining orders or injunctions may be
14combined.
SB70-AA10,209 15Section 209. 813.128 (2g) (b) of the statutes is amended to read:
SB70-AA10,121,2016 813.128 (2g) (b) A foreign protection order or modification of the foreign
17protection order that meets the requirements under this section has the same effect
18as an order issued under s. 813.12, 813.122, 813.123, 813.124, or 813.125, except that
19the foreign protection order or modification shall be enforced according to its own
20terms.
SB70-AA10,210 21Section 210. 941.29 (1m) (f) of the statutes is amended to read:
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