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:
SB70-AA10,122,322
941.29
(1m) (f) The person is subject to an injunction issued under s. 813.12
23or 813.122
, a temporary restraining order or an injunction issued under s. 813.124, 24or
under a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court
25established by any federally recognized Wisconsin Indian tribe or band, except the
1Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he
2or she is subject to the requirements and penalties under this section and that has
3been filed under s. 813.128 (3g).”.
SB70-AA10,122,5
5“
Section
211. 16.51 (7) of the statutes is amended to read:
SB70-AA10,123,66
16.51
(7) Audit claims for expenses in connection with prisoners and
7juveniles in juvenile correctional facilities. Receive, examine, determine, and
8audit claims, duly certified and approved by the department of corrections, from the
9county clerk of any county
in, city, village, or town on behalf of the county,
city, village,
10or town, which are presented for
payment to reimburse the county reimbursement 11for certain expenses incurred or paid by it in reference to
all matters
growing out of
12actions and proceedings involving prisoners in state prisons, as defined in s. 302.01,
13or juveniles in juvenile correctional facilities, as defined in s. 938.02 (10p), including
14prisoners or juveniles transferred to a mental health institute for observation or
15treatment
, when the. The department shall reimburse under this subsection a
16county in which a state prison or juvenile correctional facility is located for expenses
17relating to actions or proceedings
involving a prisoner in the state prison or a juvenile
18in the juvenile correctional facility that are commenced
in counties in which the
19prisons or juvenile correctional facilities are located by a district attorney or by the
20prisoner or juvenile as a postconviction remedy or a matter involving the prisoner's
21status as a prisoner or the juvenile's status as a resident of a juvenile correctional
22facility and for certain expenses incurred or paid by
it the county in reference to
23holding those juveniles in secure custody while those actions or proceedings are
24pending.
The department shall reimburse a county, city, village, or town under this
1subsection for expenses relating to law enforcement investigative services that it
2provided for an incident involving a prisoner in a state prison or a juvenile in a
3juvenile correctional facility within its jurisdiction. Expenses shall only include the
4amounts that were necessarily incurred and actually paid and shall be no more than
5the legitimate cost would be to any other
county
jurisdiction had the offense or crime
6occurred therein.
SB70-AA10,212
7Section
212. 20.410 (1) (c) of the statutes is amended to read:
SB70-AA10,123,108
20.410
(1) (c)
Reimbursement claims of counties or municipalities containing
9state prisons. A sum sufficient to pay all valid claims made by
county clerks of
10counties
, cities, villages, or towns containing state prisons as provided in s. 16.51 (7).
SB70-AA10,213
11Section
213. 20.410 (3) (c) of the statutes is amended to read:
SB70-AA10,123,1512
20.410
(3) (c)
Reimbursement claims of counties or municipalities containing
13juvenile correctional facilities. A sum sufficient to pay all valid claims made by
14county clerks of counties
, cities, villages, or towns containing state juvenile
15correctional facilities as provided in s. 16.51 (7).
SB70-AA10,214
16Section
214. 60.33 (10p) of the statutes is created to read:
SB70-AA10,123,2117
60.33
(10p) Claims in towns containing state institutions. Make a certified
18claim against the state, without direction from the board, in all cases in which the
19reimbursement is directed in s. 16.51 (7), upon forms prescribed by the department
20of administration. The forms shall contain information required by the clerk and
21shall be filed annually with the department of corrections on or before June 1.
SB70-AA10,215
22Section
215. 61.25 (11) of the statutes is created to read:
SB70-AA10,124,223
61.25
(11) To make a certified claim against the state, without direction from
24the board, in all cases in which the reimbursement is directed in s. 16.51 (7), upon
25forms prescribed by the department of administration. The forms shall contain
1information required by the clerk and shall be filed annually with the department
2of corrections on or before June 1.
SB70-AA10,216
3Section
216. 62.03 (1) of the statutes is amended to read:
SB70-AA10,124,64
62.03
(1) This subchapter, except ss. 62.071, 62.08 (1), 62.09 (1) (e) and (11) (j)
5and, (k),
and (m), 62.175, 62.23 (7) (em) and (he)
, and 62.237, does not apply to 1st
6class cities under special charter.
SB70-AA10,217
7Section
217. 62.09 (11) (m) of the statutes is created to read:
SB70-AA10,124,128
62.09
(11) (m) The clerk shall make a certified claim against the state, without
9direction from the council, in all cases in which the reimbursement is directed in s.
1016.51 (7), upon forms prescribed by the department of administration. The forms
11shall contain information required by the clerk and shall be filed annually with the
12department of corrections on or before June 1.”.
SB70-AA10,124,14
14“
Section
218. 977.08 (5) (br) of the statutes is amended to read:
SB70-AA10,124,1815
977.08
(5) (br) Beginning on July 1, 2000
, and until June 30, 2023, the state
16public defender may exempt up to 10 full-time assistant state public defenders in the
17subunit responsible for trials from the annual caseload standards under par. (bn)
18based on their need to perform other assigned duties.
SB70-AA10,219
19Section
219. 977.08 (5) (bs) of the statutes is created to read:
SB70-AA10,124,2320
977.08
(5) (bs) Beginning on July 1, 2023, the state public defender may exempt
21up to 25 full-time assistant state public defenders in the subunit responsible for
22trials from the annual caseload standards under par. (bn) based on their need to
23perform other assigned duties.”.
SB70-AA10,125,4
2(1) Realignment of funding and positions. Adjust funding and positions
3between appropriations to reflect various organizational modifications within the
4Department. The adjustments include a reallocation of all of the following:
SB70-AA10,125,8
5(a) $9,072,200 GPR and $12,100 PR within the Secretary's Office to allow the
6Department to create budgetary subunits for the currently existing research unit,
7reentry unit, Prison Rape Elimination Act (PREA) unit, Office of Legal Counsel,
8Office of Internal Affairs, and Office of Public Information.
SB70-AA10,125,12
9(b) $251,000 GPR from the general program operations appropriation (Bureau
10of Personnel and Human Resources) to the services for community corrections
11appropriation (Bureau of Personnel and Human Resources) to more accurately
12reflect human resource services by appropriation.
SB70-AA10,125,15
13(c) 8.0 GPR positions and associated funding ($676,800 GPR) from the general
14programs operations appropriation to the services for community corrections
15appropriation related to a previous transfer of positions.
SB70-AA10,125,18
16(d) 7.70 PR positions and associated funding ($553,700) to GPR positions and
17funding to account for a decrease in PR revenue, but an on-going utilization of the
18positions.
SB70-AA10,125,21
19(e) $490,000 GPR and 4.0 GPR positions to match the reallocation of the
20positions (and associated funding) from the Divisions of Community Corrections and
21Juvenile Justice to the Office of the Secretary in calendar year 2021.
SB70-AA10,125,23
22(f) $11,200 GPR to provide supplies and services to previously transferred
23positions.
SB70-AA10,126,3
1(g) $2,210,300 GPR to align funding between the general program operations,
2the community corrections, and the purchased services for offenders appropriations
3to reflect actions in the 2021-23 budget.
SB70-AA10,126,6
4(2) Program Revenue reestimates. Provide $9,575,800 in 2023-24 and
5$9,903,500 in 2024-25 associated with funding adjustments for the following
6program revenue purposes:
SB70-AA10,126,9
7(a) For Badger State Logistics, increase the dollar amount for fiscal year
82023-24 by $600,000 and increase the dollar amount for fiscal year 2024-25 by
9$600,000.
SB70-AA10,126,11
10(b) For Canteen Operations, increase the dollar amount for fiscal year 2023-24
11by $1,000,000 and increase the dollar amount for fiscal year 2024-25 by $1,000,000.
SB70-AA10,126,13
12(c) For Correctional Farms, increase the dollar amount for fiscal year 2023-24
13by $1,600,000 and increase the dollar amount for fiscal year 2024-25 by $1,600,000.
SB70-AA10,126,15
14(d) For Prison Industries, increase the dollar amount for fiscal year 2023-24
15by $1,400,000 and increase the dollar amount for fiscal year 2024-25 by $1,400,000.
SB70-AA10,126,17
16(e) For Prison Industries, increase the dollar amount for fiscal year 2023-24
17by $1,000,000 and increase the dollar amount for fiscal year 2024-25 by $1,000,000.
SB70-AA10,126,20
18(f) For Telephone Company Commissions, increase the dollar amount for fiscal
19year 2023-24 by $1,000,000 and increase the dollar amount for fiscal year 2024-25
20by $1,000,000.
SB70-AA10,126,22
21(g) For General Operations, increase the dollar amount for fiscal year 2023-24
22by $1,000,000 and increase the dollar amount for fiscal year 2024-25 by $1,000,000.
SB70-AA10,126,25
23(h) For Probation, Parole, and Extended Supervision, increase the dollar
24amount for fiscal year 2023-24 by $2,000,000 and increase the dollar amount for
25fiscal year 2024-25 by $2,000,000.
SB70-AA10,127,3
1(i) For Juvenile Alternate Care Services, increase the dollar amount for fiscal
2year 2023-24 by $741,000 and increase the dollar amount for fiscal year 2024-25 by
3$913,600.
SB70-AA10,127,6
4(j) For Juvenile Utilities & Heating, increase the dollar amount for fiscal year
52023-24 by $234,800 and increase the dollar amount for fiscal year 2024-25 by
6$389,900.”.
SB70-AA10,127,8
8“
Section
220. 20.866 (2) (uw) of the statutes is amended to read:
SB70-AA10,127,189
20.866
(2) (uw)
Transportation; rail acquisitions and improvements and
10intermodal freight facilities. From the capital improvement fund, a sum sufficient
11for the department of transportation to acquire railroad property under ss. 85.08 (2)
12(L) and 85.09; to provide grants and loans for rail property acquisitions and
13improvements under s. 85.08 (4m) (c) and (d); and to provide intermodal freight
14facilities grants under s. 85.093. The state may contract public debt in an amount
15not to exceed
$250,300,000 $320,300,000 for these purposes.
The state may contract
16additional public debt in an amount up to $30,000,000 for these purposes. The state
17may contract additional public debt in an amount up to $20,000,000 for these
18purposes.”.
SB70-AA10,127,20
20“
Section
221. 20.866 (2) (ug) of the statutes is amended to read:
SB70-AA10,128,321
20.866
(2) (ug)
Transportation; accelerated bridge improvements. From the
22capital improvement fund, a sum sufficient to acquire, construct, develop, enlarge or
23improve local bridges under s. 84.11 and interstate bridges under s. 84.12. The state
24may contract public debt in an amount not to exceed $46,849,800 for this purpose.
1In addition, the state may contract public debt in an amount not to exceed
2$50,000,000 for the construction of the Southern Bridge project crossing the Fox
3River in Brown County.”.
SB70-AA10,128,5
5“
Section
222. 15.01 (6) of the statutes is amended to read:
SB70-AA10,128,186
15.01
(6) “Division," “bureau," “section," and “unit" means the subunits of a
7department or an independent agency, whether specifically created by law or created
8by the head of the department or the independent agency for the more economic and
9efficient administration and operation of the programs assigned to the department
10or independent agency. The office of credit unions in the department of financial
11institutions, the office of the inspector general in the department of children and
12families, the office of the inspector general in the department of health services, and
13the office of children's mental health in the department of health services have the
14meaning of “division" under this subsection. The office of the long-term care
15ombudsman under the board on aging and long-term care
, the office of homeland
16security under the department of military affairs, and the office of educational
17accountability in the department of public instruction have the meaning of “bureau"
18under this subsection.
SB70-AA10,223
19Section
223. 15.317 of the statutes is created to read:
SB70-AA10,128,22
2015.317 Same; offices. (1) Office of homeland security. There is created an
21office of homeland security in the department of military affairs. The director of the
22office shall be appointed by the adjutant general.