AB43: Bill Text

AB43,,9439 a. Substantial likelihood that the petition for an injunction will be successful.

AB43,,9440 b. Good cause to believe that there is an immediate and present danger that the respondent may injure himself or herself or another person if the respondent possesses a firearm and that waiting for the injunction hearing may increase the immediate and present danger.

AB43,,9441 (b) A temporary restraining order issued under this subsection shall remain in effect until a hearing is held on issuance of an injunction under sub. (3). Notice need not be given to the respondent before issuing a temporary restraining order under this subsection. A temporary restraining order may be entered against only the respondent named in the petition and may not be renewed or extended.

AB43,,9442 (c) A temporary restraining order issued under this subsection shall inform the respondent named in the petition of the requirements and penalties under s. 941.29.

AB43,,9443 (d) The temporary restraining order issued under this subsection shall require one of the following:

AB43,,9444 1. If a law enforcement officer is able to personally serve the respondent with the order, the officer to require the respondent to immediately surrender all firearms in the respondent’s possession.

AB43,,9445 2. If a law enforcement officer is not able to personally serve the respondent with the order, the respondent to, within 24 hours of service, surrender all firearms in the respondent’s possession to a law enforcement officer or transfer or sell all firearms in the respondent’s possession to a firearms dealer. Within 48 hours of service, the respondent shall file with the court that issued the order under this subsection a receipt indicating that the respondent surrendered, transferred, or sold the firearms. The receipt must include the date on which each firearm was surrendered, transferred, or sold and the manufacturer, model, and serial number of each firearm and must be signed by either the law enforcement officer to whom the firearm was surrendered or the firearms dealer to whom the firearm was transferred or sold.

AB43,,9446 (3) Extreme risk protection injunction. (a) The court shall hold a hearing on whether to issue an extreme risk protection injunction, which is the final relief. At the hearing, a judge may grant an injunction prohibiting the respondent from possessing a firearm and, if there was no temporary restraining order under sub. (2t), ordering the respondent to surrender all firearms in the respondent’s possession if all of the following occur:

AB43,,9447 1. The petitioner files a petition alleging the elements set forth under sub. (4) (a).

AB43,,9448 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.

AB43,,9449 3. The judge finds by clear and convincing evidence that the respondent is substantially likely to injure himself or herself or another person if the respondent possesses a firearm.

AB43,,9450 (b) The judge may enter an injunction against only the respondent named in the petition.

AB43,,9451 (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.

AB43,,9452 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 himself or herself or another person if the respondent possesses a firearm.

AB43,,9453 (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 himself or herself or another person if the respondent possesses a firearm.

AB43,,9454 (e) An injunction issued under this subsection shall inform the respondent named in the petition of the requirements and penalties under s. 941.29.

AB43,,9455 (4) Petition. (a) The petition shall allege facts sufficient to show the following:

AB43,,9456 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.

AB43,,9457 2. The name of the respondent.

AB43,,9458 3. That the respondent is substantially likely to injure himself or herself or another person if the respondent possesses a firearm.

AB43,,9459 4. If the petitioner knows, the number, types, and locations of any firearms that the respondent possesses.

AB43,,9460 5. If requesting a temporary restraining order, evidence of an immediate and present danger that the respondent may injure himself or herself or another person if the respondent possesses a firearm and that waiting for the injunction hearing may increase the immediate and present danger.

AB43,,9461 (b) The clerk of the circuit court shall provide simplified forms to help a person file a petition.

AB43,,9462 (c) Only the following persons may file a petition under this section:

AB43,,9463 1. A law enforcement officer.

AB43,,9464 2. A family or household member of the respondent.

AB43,,9465 (5) Enforcement assistance. (a) 1. If a temporary restraining order is issued under sub. (2t) or an injunction is issued, extended, or vacated under sub. (3), 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 order or 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).

AB43,,9466 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).

AB43,,9467 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.

AB43,,9468 (b) Within one business day after a temporary restraining order is issued under sub. (2t) or an injunction is issued, extended, or vacated under sub. (3), the clerk of the circuit court shall send a copy of the temporary restraining order, of the injunction, or of the order extending or vacating an injunction, to the sheriff or to any other local law enforcement agency that is the central repository for injunctions and that has jurisdiction over the petitioner’s premises.

AB43,,9469 (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 a temporary restraining order issued under sub. (2t) or concerning an injunction issued, extended, or vacated under sub. (3) 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.

AB43,,9470 (d) 1. The court may schedule a hearing to surrender firearms for any reason relevant to the surrender of firearms.

AB43,,9471 2. If the respondent does not comply with an order issued at a hearing to surrender firearms, or a law enforcement officer has probable cause to believe that the respondent possesses a firearm, the law enforcement officer shall request a search warrant to seize the firearms and may use information contained in the petition to establish probable cause.

AB43,,9472 (6) Penalty for false swearing. Whoever files a petition under this section knowing the information in the petition to be false is subject to the penalty for false swearing under s. 946.32 (1).

AB43,,9473 (7) 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:

AB43,,9474 1. If a temporary restraining order was issued, that the temporary restraining order has expired and no injunction has been issued.

AB43,,9475 2. If an injunction was issued, that the injunction has been vacated or has expired and not been extended.

AB43,,9476 3. 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 judge or commissioner shall use the information provided under s. 165.63 to aid in making the determination under this subdivision.

AB43,,9477 (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.

AB43,,9478 (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).

AB43,,9479 (8) Notice of full faith and credit. A temporary restraining order issued under sub. (2t) and an injunction issued under sub. (3) 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.

AB43,3199 Section 3199. 813.126 (1) of the statutes is amended to read:

AB43,,9481 813.126 (1) Time limits for de novo hearing. 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.

AB43,3200 Section 3200. 813.127 of the statutes is amended to read:

AB43,,9483 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.

AB43,3201 Section 3201. 813.128 (2g) (b) of the statutes is amended to read:

AB43,,9485 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.

AB43,3202 Section 3202. 814.04 (intro.) of the statutes is amended to read:

AB43,,9487 814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 100.195 (5m) (b), 100.30 (5m), 106.50 (6) (i) and (6m) (a), 111.397 (2) (a), 115.80 (9), 767.553 (4) (d), 769.313, 802.05, 814.245, 895.035 (4), 895.044, 895.443 (3), 895.444 (2), 895.445 (3), 895.446 (3), 895.506, 943.212 (2) (b), 943.245 (2) (d), 943.51 (2) (b), and 995.10 (3), when allowed costs shall be as follows:

AB43,3203 Section 3203. 814.04 (intro.) of the statutes, as affected by 2023 Wisconsin Act .... (this act), is amended to read:

AB43,,9489 814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 100.195 (5m) (b), 100.30 (5m), 103.135 (3), 106.50 (6) (i) and (6m) (a), 111.397 (2) (a), 115.80 (9), 767.553 (4) (d), 769.313, 802.05, 814.245, 895.035 (4), 895.044, 895.443 (3), 895.444 (2), 895.445 (3), 895.446 (3), 895.506, 943.212 (2) (b), 943.245 (2) (d), 943.51 (2) (b), and 995.10 (3), when allowed costs shall be as follows:

****Note: This is reconciled s. 814.04 (intro). This Section has been affected by drafts with the following LRB numbers: -1397/P1 and -1662/P1.

AB43,3204 Section 3204. 815.18 (3) (intro.) of the statutes is amended to read:

AB43,,9491 815.18 (3) Exempt property. (intro.) The debtor’s interest in or right to receive the following property is exempt, except as specifically provided in this section and ss. 70.20 (2), 71.91 (5m) and (6), 74.55 (2) and 102.28 (5):

AB43,3205 Section 3205. 815.20 (1) of the statutes is amended to read:

AB43,,9493 815.20 (1) An exempt homestead as defined in s. 990.01 (14) selected by a resident owner and occupied by him or her shall be exempt from execution, from the lien of every judgment, and from liability for the debts of the owner to the amount of $75,000, except mortgages, laborers’, mechanics’, and purchase money liens, and taxes, and except as otherwise provided. The exemption shall not be impaired by temporary removal with the intention to reoccupy the premises as a homestead nor by the sale of the homestead, but shall extend to the proceeds derived from the sale to an amount not exceeding $75,000, while held, with the intention to procure another homestead with the proceeds, for 2 years. The exemption extends to land owned by husband and wife spouses jointly or in common or as marital property, and each spouse may claim a homestead exemption of not more than $75,000. The exemption extends to the interest therein of tenants in common, having a homestead thereon with the consent of the cotenants, and to any estate less than a fee.

AB43,3206 Section 3206. 822.40 (4) of the statutes is amended to read:

AB43,,9495 822.40 (4) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife between spouses or parent and child may not be invoked in a proceeding under this subchapter.

AB43,3207 Section 3207. 851.30 (2) (a) of the statutes is amended to read:

AB43,,9497 851.30 (2) (a) An individual who obtains or consents to a final decree or judgment of divorce from the decedent or an annulment of their marriage, if the decree or judgment is not recognized as valid in this state, unless they subsequently participate in a marriage ceremony purporting to marry each other or they subsequently hold themselves out as husband and wife married to each other.

AB43,3208 Section 3208. 852.01 (1) (f) 1. of the statutes is amended to read:

AB43,,9499 852.01 (1) (f) 1. One-half to the maternal grandparents on one side equally if both survive, or to the surviving maternal grandparent on that side; if both maternal grandparents on that side are deceased, to the issue of the maternal grandparents on that side or either of them, per stirpes.

AB43,3209 Section 3209. 852.01 (1) (f) 2. of the statutes is amended to read:

AB43,,9501 852.01 (1) (f) 2. One-half to the paternal relations on the other side in the same manner as to the maternal relations under subd. 1.

AB43,3210 Section 3210. 852.01 (1) (f) 3. of the statutes is amended to read:

AB43,,9503 852.01 (1) (f) 3. If either the maternal side or the paternal side has no surviving grandparent or issue of a grandparent, the entire estate to the decedent’s relatives on the other side.

AB43,3211 Section 3211. 854.03 (3) of the statutes is amended to read:

AB43,,9505 854.03 (3) Marital property. Except as provided in subs. (4) and (5), if a husband and wife 2 spouses die leaving marital property and it is not established that one survived the other by at least 120 hours, 50 percent of the marital property shall be distributed as if it were the husband’s first spouse’s individual property and the husband 2nd spouse had survived, and 50 percent of the marital property shall be distributed as if it were the wife’s 2nd spouse’s individual property and the wife first spouse had survived.

AB43,3212 Section 3212. 891.39 (title) of the statutes is amended to read:

AB43,,9507 891.39 (title) Presumption as to whether a child is marital or nonmarital; self-crimination self-incrimination; birth certificates.

AB43,3213 Section 3213. 891.39 (1) (a) of the statutes is amended to read:

AB43,,9509 891.39 (1) (a) Whenever it is established in an action or proceeding that a child was born to a woman while she was the lawful wife of legally married to a specified man person, any party asserting in such action or proceeding that the husband was spouse is not the father parent of the child shall have the burden of proving that assertion by a clear and satisfactory preponderance of the evidence. In all such actions or proceedings the husband and the wife spouses are competent to testify as witnesses to the facts. The court or judge in such cases shall appoint a guardian ad litem to appear for and represent the child whose paternity parentage is questioned. Results of a genetic test, as defined in s. 767.001 (1m), showing that a man person other than the husband mother’s spouse is not excluded as the father of the child and that the statistical probability of the man’s person’s parentage is 99.0 percent or higher constitute a clear and satisfactory preponderance of the evidence of the assertion under this paragraph, even if the husband mother’s spouse is unavailable to submit to genetic tests, as defined in s. 767.001 (1m).

AB43,3214 Section 3214. 891.39 (1) (b) of the statutes is amended to read:

AB43,,9511 891.39 (1) (b) In actions affecting the family, in which the question of paternity parentage is raised, and in paternity proceedings, the court, upon being satisfied that the parties to the action are unable to adequately compensate any such guardian ad litem for the guardian ad litem’s services and expenses, shall then make an order specifying the guardian ad litem’s compensation and expenses, which compensation and expenses shall be paid as provided in s. 967.06. If the court orders a county to pay the compensation of the guardian ad litem, the amount ordered may not exceed the compensation paid to private attorneys under s. 977.08 (4m) (b).

AB43,3215 Section 3215. 891.39 (3) of the statutes is amended to read:

AB43,,9513 891.39 (3) If any court under this section adjudges a child to be a nonmarital child, the clerk of court shall report the facts to the state registrar, who shall issue a new birth record showing the correct facts as found by the court, and shall dispose of the original, with the court’s report attached under s. 69.15 (3). If the husband mother’s spouse is a party to the action and the court makes a finding as to whether or not the husband mother’s spouse is the father parent of the child, such finding shall be conclusive in all other courts of this state.

AB43,3216 Section 3216. 891.40 (1) of the statutes is renumbered 891.40 (1) (a) and amended to read:

AB43,,9515 891.40 (1) (a) If, under the supervision of a licensed physician and with the spouse’s consent of her husband, a wife person is inseminated artificially as provided in par. (b) with semen donated by a man person who is not her husband the spouse of the person being inseminated, the husband spouse of the mother inseminated person at the time of the conception of the child shall be the natural father parent of a child conceived. The husband’s spouse’s consent must be in writing and signed by him or her and his wife. The by the inseminated person.

AB43,,9516 (c) 1. If the artificial insemination under par. (a) takes place under the supervision of a licensed physician, the physician shall certify their the signatures on the consent and the date of the insemination, and shall file the husband’s spouse’s consent with the department of health services, where it shall be kept. If the artificial insemination under par. (a) does not take place under the supervision of a licensed physician, the spouses shall file the signed consent, which shall include the date of the insemination, with the department of health services.

AB43,,9517 2. The department of health services shall keep a consent filed under subd. 1. confidential and in a sealed file except as provided in s. 46.03 (7) (bm). However,

AB43,,9518 3. Notwithstanding subd. 1., the physician’s or spouses’ failure to file the consent form does not affect the legal status of father natural parent and child.

AB43,,9519 (d) All papers and records pertaining to the artificial insemination under par. (a), whether part of the permanent record of a court or of a file held by the a supervising physician or sperm bank or elsewhere, may be inspected only upon an order of the court for good cause shown.

AB43,3217 Section 3217. 891.40 (1) (b) of the statutes is created to read:

AB43,,9521 891.40 (1) (b) The artificial insemination under par. (a) must satisfy any of the following:

AB43,,9522 1. The artificial insemination takes place under the supervision of a licensed physician.

AB43,,9523 2. The semen used for the insemination is obtained from a sperm bank.

AB43,3218 Section 3218. 891.40 (2) of the statutes is amended to read:

AB43,,9525 891.40 (2) The donor of semen provided to a licensed physician or obtained from a sperm bank for use in the artificial insemination of a woman other than the donor’s wife spouse is not the natural father parent of a child conceived, bears no liability for the support of the child, and has no parental rights with regard to the child.

AB43,3219 Section 3219. 891.40 (3) of the statutes is created to read: