AB66-ASA1,26,2217175.35 (3) (b) 2. A person who violates sub. (2e) by intentionally providing 18false information regarding whether he or she is purchasing receiving a transfer of 19the firearm with the purpose or intent to transfer the firearm to another who the 20person knows or reasonably should know is prohibited from possessing a firearm 21under state or federal law is guilty of a Class H felony. The penalty shall include a 22fine that is not less than $500. AB66-ASA1,7623Section 76. 175.60 (7) (d) of the statutes is amended to read: AB66-ASA1,27,2
1175.60 (7) (d) A fee for a background check that is equal to the fee charged 2under s. 175.35 (2i) (a). AB66-ASA1,773Section 77. 175.60 (9g) (a) 2. of the statutes is amended to read: AB66-ASA1,27,224175.60 (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 7prohibited from possessing a firearm under federal law; whether the applicant is 8prohibited from possessing a firearm under s. 941.29; whether the applicant is 9prohibited from possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats.; 10whether the applicant has been ordered not to possess a firearm under s. 51.20 (13) 11(cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a); whether the applicant is 12subject to an injunction under s. 813.12 or 813.122, or a tribal injunction, as defined 13in s. 813.12 (1) (e), issued by a court established by any federally recognized 14Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, 15that includes notice to the respondent that he or she is subject to the requirements 16and penalties under s. 941.29 and that has been filed with the circuit court under s. 17813.128 (3g); whether the applicant is subject to a temporary restraining order or 18injunction under s. 813.124; and whether the applicant is prohibited from 19possessing a firearm under s. 813.123 (5m) or 813.125 (4m); and to determine if the 20court has prohibited the applicant from possessing a dangerous weapon under s. 21969.02 (3) (c) or 969.03 (1) (c) and if the applicant is prohibited from possessing a 22dangerous weapon as a condition of release under s. 969.01. AB66-ASA1,7823Section 78. 175.60 (11) (a) 2. f. of the statutes is amended to read: AB66-ASA1,28,3
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). AB66-ASA1,794Section 79. 175.60 (15) (b) 4. b. of the statutes is amended to read: AB66-ASA1,28,65175.60 (15) (b) 4. b. A fee for a background check that is equal to the fee 6charged under s. 175.35 (2i) (a). AB66-ASA1,807Section 80. 301.048 (2) (bm) 1. a. of the statutes is amended to read: AB66-ASA1,28,178301.048 (2) (bm) 1. a. A crime specified in s. 940.19 (3), 1999 stats., s. 940.195 9(3), 1999 stats., s. 943.23 (1m), 1999 stats., s. 943.23 (1r), 1999 stats., or s. 943.23 10(1g), 2021 stats., or s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 11940.19 (4) or (5), 940.195 (4) or (5), 940.198 (2), 940.20, 940.201 940.202, 940.203, 12940.204, 940.21, 940.225 (1) to (3), 940.23, 940.235, 940.285 (2) (a) 1. or 2., 940.29, 13940.295 (3) (b) 1g., 1m., 1r., 2., or 3., 940.31, 940.43 (1) to (3), 940.45 (1) to (3) (2m) 14(a) to (c) or (3m), 940.44 (2m) (a) to (c), 941.20 (2) or (3), 941.26, 941.30, 941.327, 15943.01 (2) (c), 943.011, 943.013, 943.02, 943.04, 943.06, 943.10 (2), 943.231 (1), 16943.30, 943.32, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 17948.051, 948.06, 948.07, 948.08, 948.085, or 948.30. AB66-ASA1,8118Section 81. 302.43 of the statutes is amended to read: AB66-ASA1,29,1019302.43 Good time. Every inmate of a county jail is eligible to earn good time 20in the amount of one-fourth of his or her term for good behavior if sentenced to at 21least 4 days, but fractions of a day shall be ignored. An inmate shall be given credit 22for time served prior to sentencing under s. 973.155, including good time under s. 23973.155 (4). An inmate who violates any law or any regulation of the jail, or neglects
1or refuses to perform any duty lawfully required of him or her, may be deprived by 2the sheriff of good time under this section, except that the sheriff shall not deprive 3the inmate of more than 2 days good time for any one offense without the approval 4of the court. An inmate who files an action or special proceeding, including a 5petition for a common law writ of certiorari, to which s. 807.15 applies shall be 6deprived of the number of days of good time specified in the court order prepared 7under s. 807.15 (3). This section does not apply to a person who is confined in the 8county jail in connection with his or her participation in a substance abuse 9treatment program that meets the requirements of s. 165.95 (3), as determined by 10the department of justice under s. 165.95 (9) and (10). AB66-ASA1,8211Section 82. 767.461 (4) of the statutes is amended to read: AB66-ASA1,29,2312767.461 (4) A term of incarceration, extended supervision, parole, or 13probation for a violation of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 14940.10, 940.19, 940.195, 940.20, 940.201 (2) 940.202, 940.203 (2), 940.204, 940.225 15(1), (2), or (3), 940.23, 940.235, 940.24 (1), 940.30, 940.302 (2), 940.305, 940.31, 16940.32 (2), (2e), or (2m), 940.42, 940.43, 940.44, 940.45, 941.20, 941.29, 941.30, 17941.39, 943.011 (2), 947.012, 947.013, 948.02 (1) or (2), 948.025, 948.03, 948.04, 18948.05, 948.051, 948.055, 948.06, 948.07, 948.08, 948.085, 948.095, 948.30, 948.55, 19or 951.02 or any felony to which the penalty enhancer under s. 939.621 could be 20imposed, for a violation of a 72-hour no contact order under s. 968.075 (5), for a 21violation of a domestic abuse restraining order, child abuse restraining order, or 22harassment restraining order, or for a violation to which a penalty enhancer for the 23use of a dangerous weapon is applied. AB66-ASA1,83
1Section 83. 801.50 (5sb) of the statutes is created to read: AB66-ASA1,30,32801.50 (5sb) Venue of an action under s. 813.124 shall be in the county in 3which the cause of action arose or where the petitioner or the respondent resides. AB66-ASA1,844Section 84. 801.58 (2m) of the statutes is amended to read: AB66-ASA1,30,125801.58 (2m) If, under sub. (2), the judge determines that the request for 6substitution was made timely and in proper form, any ex parte order granted by the 7original judge remains in effect according to the terms, except that a temporary 8restraining order issued under s. 813.12 (3), 813.122 (4), 813.123 (4), 813.124 (2t), 9or 813.125 (3) by the original judge is extended until the newly assigned judge holds 10a hearing on the issuance of an injunction. The newly assigned judge shall hear any 11subsequent motion to modify or vacate any ex parte order granted by the original 12judge. AB66-ASA1,8513Section 85. 813.06 of the statutes is amended to read: AB66-ASA1,30,2314813.06 Security for damages. In proceedings under s. 767.225 the court or 15judge may, and in all other proceedings except proceedings under ss. 813.12, 16813.122, 813.124, 813.125 and 823.113 the court or judge shall, require a bond of 17the party seeking an injunction, with sureties, to the effect that he or she will pay to 18the party enjoined such damages, not exceeding an amount to be specified, as he or 19she may sustain by reason of the injunction if the court finally decides that the 20party was not entitled thereto. Copies of such bond, affidavit or other pleading 21shall be served upon the party enjoined and the officer serving the same shall, 22within 8 days after such service, file his or her return in the office of the clerk of the 23court. AB66-ASA1,86
1Section 86. 813.124 of the statutes is created to read: AB66-ASA1,31,32813.124 Extreme risk protection temporary restraining orders and 3injunctions. (1) Definitions. In this section: AB66-ASA1,31,44(a) “Family or household member” means any of the following: AB66-ASA1,31,551. A person related by blood, adoption, or marriage to the respondent. AB66-ASA1,31,762. A person with whom the respondent has or had a dating relationship, as 7defined in s. 813.12 (1) (ag), or with whom the respondent has a child in common. AB66-ASA1,31,983. A person who resides with, or within the 6 months before filing a petition, 9had resided with, the respondent. AB66-ASA1,31,10104. A domestic partner under ch. 770 of the respondent. AB66-ASA1,31,13115. A person who is acting or has acted as the respondent’s legal guardian or 12who is or was a foster parent or other physical custodian described in s. 48.62 (2) of 13the respondent. AB66-ASA1,31,16146. A person for whom the respondent is acting or has acted as a legal guardian 15or for whom the respondent is or was a foster parent or other physical custodian 16described in s. 48.62 (2). AB66-ASA1,31,1717(b) “Firearms dealer” has the meaning given in s. 175.35 (1) (ar). AB66-ASA1,31,1818(c) “Law enforcement officer” has the meaning given in s. 165.85 (2) (c). AB66-ASA1,31,2119(2) Commencement of action and response. No action under this section 20may be commenced by complaint and summons. An action under this section may 21be commenced only by a petition described under sub. (4) (a). AB66-ASA1,31,2222(2m) Procedure. Procedure for an action under this section is as follows: AB66-ASA1,32,923(a) If the petitioner requests an extreme risk protection temporary restraining
1order, the court shall consider the request as provided under sub. (2t). If the court 2issues a temporary restraining order, the court shall set forth the date, which must 3be within 14 days of issuing the temporary restraining order, for the hearing on the 4injunction and shall forward a copy of the temporary restraining order, the 5injunction hearing date, and the petition to the appropriate law enforcement agency 6with jurisdiction over the respondent’s residence. The law enforcement agency 7shall immediately, or as soon as practicable, serve the petition on the respondent. If 8personal service cannot be effected upon the respondent, the court may order other 9appropriate service. AB66-ASA1,32,1710(b) The court shall hold a hearing under sub. (3) on whether to issue an 11extreme risk protection injunction, which is the final relief. If there was no 12temporary restraining order, the respondent shall be served notice of the petition by 13a law enforcement officer and the date for the hearing shall be set upon motion by 14either party. If personal service cannot be effected upon the respondent, the court 15may order other appropriate service. The service shall include the name of the 16respondent and of the petitioner, and, if known, notice of the date, time, and place of 17the injunction hearing. AB66-ASA1,32,1918(c) When the respondent is served under this subsection, the respondent shall 19be provided notice of the requirements and penalties under s. 941.29. AB66-ASA1,33,220(2t) Extreme risk protection temporary restraining order. (a) A judge 21shall issue an extreme risk protection temporary restraining order under this 22subsection prohibiting the respondent from possessing a firearm and ordering the
1respondent to surrender all firearms in the respondent’s possession if all of the 2following occur: AB66-ASA1,33,731. A petitioner files a petition alleging the elements under sub. (4) (a), and 4requests a temporary restraining order. The petition requesting a temporary 5restraining order shall be heard by the court in an expedited manner. The court 6shall examine under oath the petitioner and any witness the petitioner may 7produce or may rely on an affidavit submitted in support of the petition. AB66-ASA1,33,882. The judge finds all of the following: AB66-ASA1,33,99a. Substantial likelihood that the petition for an injunction will be successful. AB66-ASA1,33,1310b. Good cause to believe that there is an immediate and present danger that 11the respondent may injure themself or another person if the respondent possesses a 12firearm and that waiting for the injunction hearing may increase the immediate 13and present danger. AB66-ASA1,33,1814(b) A temporary restraining order issued under this subsection shall remain 15in effect until a hearing is held on issuance of an injunction under sub. (3). Notice 16need not be given to the respondent before issuing a temporary restraining order 17under this subsection. A temporary restraining order may be entered only against 18the respondent named in the petition and may not be renewed or extended. AB66-ASA1,33,2119(c) A temporary restraining order issued under this subsection shall inform 20the respondent named in the petition of the requirements and penalties under s. 21941.29. AB66-ASA1,33,2322(d) A temporary restraining order issued under par. (a) shall require one of 23the following: AB66-ASA1,34,3
11. If a law enforcement officer is able to personally serve the respondent with 2the order, the officer to require the respondent to immediately surrender all 3firearms in the respondent’s possession. AB66-ASA1,34,1442. If a law enforcement officer is not able to personally serve the respondent 5with the order, the respondent to, within 24 hours of service, surrender all firearms 6in the respondent’s possession to a law enforcement officer or transfer or sell all 7firearms in the respondent’s possession to a firearms dealer. Within 48 hours of 8service, the respondent shall file with the court that issued the order under par. (a) 9a receipt indicating that the respondent surrendered, transferred, or sold the 10firearms. The receipt must include the date on which the firearm was surrendered, 11transferred, or sold and the manufacturer, model, and serial number of each 12firearm and must be signed by either the law enforcement officer to whom the 13firearm was surrendered or the firearms dealer to whom the firearm was 14transferred or sold. AB66-ASA1,34,2015(3) Extreme risk protection injunction. (a) The court shall hold a 16hearing on whether to issue an extreme risk protection injunction, which is the 17final relief. At the hearing, a judge may grant an injunction prohibiting the 18respondent from possessing a firearm and, if there was no temporary restraining 19order under sub. (2t), ordering the respondent to surrender all firearms in the 20respondent’s possession if all of the following occur: AB66-ASA1,34,22211. The petitioner files a petition alleging the elements set forth under sub. (4) 22(a). AB66-ASA1,35,3232. The petitioner serves upon the respondent a copy or summary of the
1petition and notice of the time for hearing on the issuance of the injunction, or the 2respondent serves upon the petitioner notice of the time for hearing on the issuance 3of the injunction. AB66-ASA1,35,643. The judge finds by clear and convincing evidence that the respondent is 5substantially likely to injure themself or another person if the respondent possesses 6a firearm. AB66-ASA1,35,87(b) The judge may enter an injunction only against the respondent named in 8the petition. AB66-ASA1,35,119(c) 1. Unless a judge vacates the injunction under par. (d), an injunction under 10this subsection is effective for a period determined by the judge that is no longer 11than one year. AB66-ASA1,35,15122. When an injunction expires, the court shall extend the injunction, upon 13petition, for up to one year if the judge finds by clear and convincing evidence that 14the respondent is still substantially likely to injure themself or another person if the 15respondent possesses a firearm. AB66-ASA1,35,2216(d) A respondent who is subject to an injunction issued under this subsection 17may request in writing a judge to vacate the injunction one time during any 18injunction period. If a respondent files a request under this paragraph, the 19petitioner shall be notified of the request before the judge considers the request. 20The judge shall vacate the injunction if the respondent demonstrates by clear and 21convincing evidence that the respondent is no longer substantially likely to injure 22themself or another person if the respondent possesses a firearm. AB66-ASA1,36,2
1(e) An injunction issued under this subsection shall inform the respondent 2named in the petition of the requirements and penalties under s. 941.29. AB66-ASA1,36,43(4) Petition. (a) The petition shall allege facts sufficient to show the 4following: AB66-ASA1,36,651. The name of the petitioner and, unless the petitioner is a law enforcement 6officer, how the petitioner is a family or household member of the respondent. AB66-ASA1,36,772. The name of the respondent. AB66-ASA1,36,983. That the respondent is substantially likely to injure themself or another 9person if the respondent possesses a firearm. AB66-ASA1,36,11104. If the petitioner knows, the number, type, and location of any firearm that 11the respondent possesses. AB66-ASA1,36,15125. If requesting a temporary restraining order, evidence of an immediate and 13present danger that the respondent may injure themself or another person if the 14respondent possesses a firearm and that waiting for the injunction hearing may 15increase the immediate and present danger. AB66-ASA1,36,1716(b) The clerk of the circuit court shall provide simplified forms to help a 17person file a petition. AB66-ASA1,36,1818(c) Only the following persons may file a petition under this section: AB66-ASA1,36,19191. A law enforcement officer. AB66-ASA1,36,20202. A family or household member of the respondent. AB66-ASA1,37,521(5) Enforcement assistance. (a) 1. If a temporary restraining order is 22issued under sub. (2t) or an injunction is issued, extended, or vacated under sub. (3), 23the clerk of the circuit court shall notify the department of justice of the action and
1shall provide the department of justice with information concerning the period 2during which the order or injunction is in effect or the date on which the injunction 3is vacated and with information necessary to identify the respondent for purposes 4of responding to a request under s. 165.63 or for purposes of a firearms restrictions 5record search under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a). AB66-ASA1,37,962. Except as provided in subd. 3., the department of justice may disclose 7information that it receives under subd. 1. only to respond to a request under s. 8165.63 or as part of a firearms restrictions record search under s. 175.35 (2g) (c) or 9a background check under s. 175.60 (9g) (a). AB66-ASA1,37,12103. The department of justice shall disclose any information that it receives 11under subd. 1. to a law enforcement agency when the information is needed for law 12enforcement purposes. AB66-ASA1,37,1813(b) Within one business day after a temporary restraining order is issued 14under sub. (2t) or an injunction is issued, extended, or vacated under sub. (3), the 15clerk of the circuit court shall send a copy of the temporary restraining order, of the 16injunction, or of the order extending or vacating an injunction, to the sheriff or to 17any other local law enforcement agency that is the central repository for injunctions 18and that has jurisdiction over the petitioner’s premises. AB66-ASA1,38,519(c) No later than 24 hours after receiving the information under par. (b), the 20sheriff or other appropriate local law enforcement agency under par. (b) shall enter 21the information concerning a temporary restraining order issued under sub. (2t) or 22concerning an injunction issued, extended, or vacated under sub. (3) into the 23transaction information for management of enforcement system. The sheriff or
1other appropriate local law enforcement agency shall also make available to other 2law enforcement agencies, through a verification system, information on the 3existence and status of any order or injunction issued under this section. The 4information need not be maintained after the order or injunction is no longer in 5effect. AB66-ASA1,38,76(d) 1. The court may schedule a hearing to surrender firearms for any reason 7relevant to the surrender of firearms. AB66-ASA1,38,1282. If the respondent does not comply with an order issued at a hearing to 9surrender firearms, or a law enforcement officer has probable cause to believe that 10the respondent possesses a firearm, the law enforcement officer shall request a 11search warrant to seize the firearms and may use information contained in the 12petition to establish probable cause. AB66-ASA1,38,1513(6) Penalty for false swearing. Whoever files a petition under this section 14knowing the information in the petition to be false is subject to prosecution for false 15swearing under s. 946.32 (1). AB66-ASA1,38,1916(7) Return of firearms and form. (a) A firearm surrendered under this 17section may not be returned to the respondent until the respondent completes a 18petition for the return of firearms under par. (c) and a judge or circuit court 19commissioner determines all of the following: AB66-ASA1,38,21201. If a temporary restraining order was issued, that the temporary restraining 21order has expired and no injunction has been issued. AB66-ASA1,38,23222. If an injunction was issued, that the injunction has been vacated or has 23expired and not been extended. AB66-ASA1,39,5
13. That the person is not prohibited from possessing a firearm under any state 2or federal law or by the order of any federal court or state court, other than an order 3from which the judge or circuit court commissioner is competent to grant relief. The 4judge or commissioner shall use the information provided under s. 165.63 to aid in 5making the determination under this subdivision. AB66-ASA1,39,156(b) If a respondent surrenders under this section a firearm that is owned by a 7person other than the respondent, the person who owns the firearm may apply for 8its return to the circuit court for the county in which the person to whom the 9firearm was surrendered is located. The court shall order such notice as it 10considers adequate to be given to all persons who have or may have an interest in 11the firearm and shall hold a hearing to hear all claims to its true ownership. If the 12right to possession is proved to the court’s satisfaction, it shall order the firearm 13returned. If the court returns a firearm under this paragraph, the court shall 14inform the person to whom the firearm is returned of the requirements and 15penalties under s. 941.2905. AB66-ASA1,39,1716(c) The director of state courts shall develop a petition for the return of 17firearms form that is substantially the same as the form under s. 813.1285 (5) (b). AB66-ASA1,39,2318(8) Notice of full faith and credit. A temporary restraining order issued 19under sub. (2t) and an injunction issued under sub. (3) shall include a statement 20that the order or injunction may be accorded full faith and credit in every civil or 21criminal court of the United States, civil or criminal courts of any other state, and 22Indian tribal courts to the extent that such courts may have personal jurisdiction 23over nontribal members. AB66-ASA1,87
1Section 87. 813.126 (1) of the statutes is amended to read: AB66-ASA1,40,132813.126 (1) Time limits for de novo hearing. If a party seeks to have the 3judge conduct a hearing de novo under s. 757.69 (8) of a determination, order, or 4ruling entered by a court commissioner in an action under s. 813.12, 813.122, 5813.123, 813.124, or 813.125, including a denial of a request for a temporary 6restraining order, the motion requesting the hearing must be filed with the court 7within 30 days after the circuit court commissioner issued the determination, order, 8or ruling. The court shall hold the de novo hearing within 30 days after the motion 9requesting the hearing is filed with the court unless the court finds good cause for 10an extension. Any determination, order, or ruling entered by a court commissioner 11in an action under s. 813.12, 813.122, 813.123, 813.124, or 813.125 remains in effect 12until the judge in the de novo hearing issues his or her final determination, order, or 13ruling. AB66-ASA1,8814Section 88. 813.127 of the statutes is amended to read: AB66-ASA1,40,2115813.127 Combined actions; domestic abuse, child abuse, extreme risk 16protection, and harassment. A petitioner may combine in one action 2 or more 17petitions under one or more of the provisions in ss. 813.12, 813.122, 813.124, and 18813.125 if the respondent is the same person in each petition. In any such action, 19there is only one fee applicable under s. 814.61 (1) (a). In any such action, the 20hearings for different types of temporary restraining orders or injunctions may be 21combined. AB66-ASA1,8922Section 89. 813.128 (2g) (b) of the statutes is amended to read: AB66-ASA1,41,423813.128 (2g) (b) A foreign protection order or modification of the foreign
1protection order that meets the requirements under this section has the same effect 2as an order issued under s. 813.12, 813.122, 813.123, 813.124, or 813.125, except 3that the foreign protection order or modification shall be enforced according to its 4own terms. AB66-ASA1,905Section 90. 938.208 (1) (b) of the statutes is amended to read: AB66-ASA1,41,106938.208 (1) (b) Probable cause exists to believe that the juvenile possessed, 7used or threatened to use a handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d), 8short-barreled rifle, as defined in s. 941.28 (1) (b), or short-barreled shotgun, as 9defined in s. 941.28 (1) (c), while committing a delinquent act that would be a felony 10under ch. 940 if committed by an adult.
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