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MLJ:klm
2021 - 2022 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 520
October 26, 2021 - Offered by Representative Dittrich.
AB520-ASA1,1,4 1An Act to amend 813.126 (title), 813.126 (1) (title) and 813.126 (2); and to
2create
813.12 (4) (d) 1m., 813.122 (5) (dm) 1m., 813.123 (5) (d) 1m., 813.125 (4)
3(d) 1m. and 813.126 (1m) of the statutes; relating to: permanent restraining
4orders for victims of sexual assault.
Analysis by the Legislative Reference Bureau
Under current law, a person who files a request for a restraining order is called
a “petitioner” and the person against whom protection is being sought is called the
“respondent.” Under current law, a restraining order may be issued for an adult
petitioner for a period of up to four years and for a child petitioner for a period of up
to two years or until the child attains the age of 18, whichever comes first.
Restraining orders may be extended by up to four years for adults or two years for
children, or up to 10 years for adults or five years for children if the court finds that
there is a substantial risk that the respondent may commit homicide against or
sexually assault the petitioner.
This bill provides that if the court finds by clear and convincing evidence that
the respondent has been convicted of the sexual assault of the petitioner, the
restraining order must be permanent. The bill also creates a process for a respondent
to petition the court to remove the permanent restraining order if the criminal

conviction that formed the basis for the permanent restraining order has been
vacated.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB520-ASA1,1 1Section 1. 813.12 (4) (d) 1m. of the statutes is created to read:
AB520-ASA1,2,62 813.12 (4) (d) 1m. A judge or circuit court commissioner shall order that the
3injunction is in effect permanently if the court finds by clear and convincing evidence
4that the respondent has been convicted of a violation of s. 940.225 (1) to (3) in which
5the petitioner was the crime victim. An order based on a finding under this
6subdivision is subject to review and modification under s. 813.126 (1m).
AB520-ASA1,2 7Section 2. 813.122 (5) (dm) 1m. of the statutes is created to read:
AB520-ASA1,2,128 813.122 (5) (dm) 1m. A judge shall order that the injunction is in effect
9permanently if the court finds by clear and convincing evidence that the respondent
10has been convicted of a violation of s. 948.02 or 948.025 in which the child victim was
11the crime victim. An order based on a finding under this subdivision is subject to
12review and modification under s. 813.126 (1m).
AB520-ASA1,3 13Section 3. 813.123 (5) (d) 1m. of the statutes is created to read:
AB520-ASA1,2,1814 813.123 (5) (d) 1m. A judge shall order that the injunction is in effect
15permanently if the court finds by clear and convincing evidence that the respondent
16has been convicted of a violation of s. 940.225 (1) to (3) in which the individual at risk
17was the crime victim. An order based on a finding under this subdivision is subject
18to review and modification under s. 813.126 (1m).
AB520-ASA1,4 19Section 4. 813.125 (4) (d) 1m. of the statutes is created to read:
AB520-ASA1,3,320 813.125 (4) (d) 1m. A judge or circuit court commissioner shall order that the
21injunction is in effect permanently if the court finds by clear and convincing evidence

1that the respondent has been convicted of a violation of s. 940.225 (1) to (3) in which
2the petitioner was the crime victim. An order based on a finding under this
3subdivision is subject to review and modification under s. 813.126 (1m).
AB520-ASA1,5 4Section 5. 813.126 (title) of the statutes is amended to read:
AB520-ASA1,3,5 5813.126 (title) New hearing or petition for review.
AB520-ASA1,6 6Section 6. 813.126 (1) (title) of the statutes is amended to read:
AB520-ASA1,3,77 813.126 (1) (title) Time limits for de novo hearing.
AB520-ASA1,7 8Section 7. 813.126 (1m) of the statutes is created to read:
AB520-ASA1,3,239 813.126 (1m) Hearing to review a permanent injunction. If a respondent's
10criminal conviction that formed the basis for a permanent injunction in an action
11under s. 813.12, 813.122, 813.123, or 813.125 has been vacated, the respondent may
12file a motion requesting a hearing to review the injunction. The court shall hold the
13review hearing within 30 days after the motion requesting the hearing is filed with
14the court unless the court finds good cause for an extension. At the hearing, if the
15judge finds that the conviction that formed the basis for the permanent injunction
16has been vacated, the judge shall modify the duration of the injunction or vacate the
17injunction. In so modifying or vacating the injunction, the judge shall consider all
18relevant factors, including the risk to the petitioner and the time that has passed
19since the injunction was ordered. No modified injunction ordered under this
20subsection may be in effect for a longer period than the maximum period that would
21have been possible when the injunction was first ordered if the injunction had not
22been permanent. If the maximum possible period from the time the injunction was
23first ordered has elapsed, the judge shall vacate the injunction.
AB520-ASA1,8 24Section 8. 813.126 (2) of the statutes is amended to read:
AB520-ASA1,4,3
1813.126 (2) Notice. The clerk of circuit court shall provide notice of a motion
2under sub. (1) or (1m) to the nonmoving party. This subsection does not apply to a
3motion to review a denial of a temporary restraining order.
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