Amendment AA10-SB70

SB70-AA10,114,20 2. The judge finds all of the following:

SB70-AA10,114,21 a. Substantial likelihood that the petition for an injunction will be successful.

SB70-AA10,114,25 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.

SB70-AA10,115,5 (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.

SB70-AA10,115,7 (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.

SB70-AA10,115,9 (d) The temporary restraining order issued under this subsection shall require one of the following:

SB70-AA10,115,12 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.

SB70-AA10,115,23 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.

SB70-AA10,116,4 (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:

SB70-AA10,116,6 1. The petitioner files a petition alleging the elements set forth under sub. (4) (a).

SB70-AA10,116,10 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.

SB70-AA10,116,13 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.

SB70-AA10,116,15 (b) The judge may enter an injunction against only the respondent named in the petition.

SB70-AA10,116,18 (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.

SB70-AA10,116,22 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.

SB70-AA10,117,4 (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.

SB70-AA10,117,6 (e) An injunction issued under this subsection shall inform the respondent named in the petition of the requirements and penalties under s. 941.29.

SB70-AA10,117,7 (4) Petition. (a) The petition shall allege facts sufficient to show the following:

SB70-AA10,117,9 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.

SB70-AA10,117,10 2. The name of the respondent.

SB70-AA10,117,12 3. That the respondent is substantially likely to injure himself or herself or another person if the respondent possesses a firearm.

SB70-AA10,117,14 4. If the petitioner knows, the number, types, and locations of any firearms that the respondent possesses.

SB70-AA10,117,18 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.

SB70-AA10,117,20 (b) The clerk of the circuit court shall provide simplified forms to help a person file a petition.

SB70-AA10,117,21 (c) Only the following persons may file a petition under this section:

SB70-AA10,117,22 1. A law enforcement officer.

SB70-AA10,117,23 2. A family or household member of the respondent.

SB70-AA10,118,6 (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).

SB70-AA10,118,10 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).

SB70-AA10,118,13 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.

SB70-AA10,118,19 (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.

SB70-AA10,119,3 (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.

SB70-AA10,119,5 (d) 1. The court may schedule a hearing to surrender firearms for any reason relevant to the surrender of firearms.

SB70-AA10,119,10 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.

SB70-AA10,119,13 (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).

SB70-AA10,119,17 (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:

SB70-AA10,119,19 1. If a temporary restraining order was issued, that the temporary restraining order has expired and no injunction has been issued.

SB70-AA10,119,21 2. If an injunction was issued, that the injunction has been vacated or has expired and not been extended.

SB70-AA10,120,2 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.

SB70-AA10,120,11 (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.

SB70-AA10,120,13 (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).

SB70-AA10,120,19 (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.

SB70-AA10,207 Section 207. 813.126 (1) of the statutes is amended to read:

SB70-AA10,121,6 813.126 (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.

SB70-AA10,208 Section 208. 813.127 of the statutes is amended to read:

SB70-AA10,121,14 813.127 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.

SB70-AA10,209 Section 209. 813.128 (2g) (b) of the statutes is amended to read:

SB70-AA10,121,20 813.128 (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.

SB70-AA10,210 Section 210. 941.29 (1m) (f) of the statutes is amended to read:

SB70-AA10,122,3 941.29 (1m) (f) The person is subject to an injunction issued under s. 813.12 or 813.122, a temporary restraining order or an injunction issued under s. 813.124, or under a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court established by any federally recognized Wisconsin Indian tribe or band, except the Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he or she is subject to the requirements and penalties under this section and that has been filed under s. 813.128 (3g).”.

SB70-AA10,122,4 252. Page 374, line 11: after that line insert:

SB70-AA10,122,5 “ Section 211. 16.51 (7) of the statutes is amended to read:

SB70-AA10,123,6 16.51 (7) Audit claims for expenses in connection with prisoners and juveniles in juvenile correctional facilities. Receive, examine, determine, and audit claims, duly certified and approved by the department of corrections, from the county clerk of any county in, city, village, or town on behalf of the county, city, village, or town, which are presented for payment to reimburse the county reimbursement for certain expenses incurred or paid by it in reference to all matters growing out of actions and proceedings involving prisoners in state prisons, as defined in s. 302.01, or juveniles in juvenile correctional facilities, as defined in s. 938.02 (10p), including prisoners or juveniles transferred to a mental health institute for observation or treatment, when the. The department shall reimburse under this subsection a county in which a state prison or juvenile correctional facility is located for expenses relating to actions or proceedings involving a prisoner in the state prison or a juvenile in the juvenile correctional facility that are commenced in counties in which the prisons or juvenile correctional facilities are located by a district attorney or by the prisoner or juvenile as a postconviction remedy or a matter involving the prisoner's status as a prisoner or the juvenile's status as a resident of a juvenile correctional facility and for certain expenses incurred or paid by it the county in reference to holding those juveniles in secure custody while those actions or proceedings are pending. The department shall reimburse a county, city, village, or town under this subsection for expenses relating to law enforcement investigative services that it provided for an incident involving a prisoner in a state prison or a juvenile in a juvenile correctional facility within its jurisdiction. Expenses shall only include the amounts that were necessarily incurred and actually paid and shall be no more than the legitimate cost would be to any other county jurisdiction had the offense or crime occurred therein.

SB70-AA10,212 Section 212. 20.410 (1) (c) of the statutes is amended to read:

SB70-AA10,123,10 20.410 (1) (c) Reimbursement claims of counties or municipalities containing state prisons. A sum sufficient to pay all valid claims made by county clerks of counties, cities, villages, or towns containing state prisons as provided in s. 16.51 (7).

SB70-AA10,213 Section 213. 20.410 (3) (c) of the statutes is amended to read:

SB70-AA10,123,15 20.410 (3) (c) Reimbursement claims of counties or municipalities containing juvenile correctional facilities. A sum sufficient to pay all valid claims made by county clerks of counties, cities, villages, or towns containing state juvenile correctional facilities as provided in s. 16.51 (7).

SB70-AA10,214 Section 214. 60.33 (10p) of the statutes is created to read:

SB70-AA10,123,21 60.33 (10p) Claims in towns containing state institutions. Make a certified claim against the state, without direction from the board, in all cases in which the reimbursement is directed in s. 16.51 (7), upon forms prescribed by the department of administration. The forms shall contain information required by the clerk and shall be filed annually with the department of corrections on or before June 1.

SB70-AA10,215 Section 215. 61.25 (11) of the statutes is created to read:

SB70-AA10,124,2 61.25 (11) To make a certified claim against the state, without direction from the board, in all cases in which the reimbursement is directed in s. 16.51 (7), upon forms prescribed by the department of administration. The forms shall contain information required by the clerk and shall be filed annually with the department of corrections on or before June 1.

SB70-AA10,216 Section 216. 62.03 (1) of the statutes is amended to read:

SB70-AA10,124,6 62.03 (1) This subchapter, except ss. 62.071, 62.08 (1), 62.09 (1) (e) and (11) (j) and, (k), and (m), 62.175, 62.23 (7) (em) and (he), and 62.237, does not apply to 1st class cities under special charter.

SB70-AA10,217 Section 217. 62.09 (11) (m) of the statutes is created to read:

SB70-AA10,124,12 62.09 (11) (m) The clerk shall make a certified claim against the state, without direction from the council, in all cases in which the reimbursement is directed in s. 16.51 (7), upon forms prescribed by the department of administration. The forms shall contain information required by the clerk and shall be filed annually with the department of corrections on or before June 1.”.

SB70-AA10,124,13 253. Page 374, line 11: after that line insert:

SB70-AA10,124,14 “ Section 218. 977.08 (5) (br) of the statutes is amended to read:

SB70-AA10,124,18 977.08 (5) (br) Beginning on July 1, 2000 , and until June 30, 2023, the state public defender may exempt up to 10 full-time assistant state public defenders in the subunit responsible for trials from the annual caseload standards under par. (bn) based on their need to perform other assigned duties.

SB70-AA10,219 Section 219. 977.08 (5) (bs) of the statutes is created to read:

SB70-AA10,124,23 977.08 (5) (bs) Beginning on July 1, 2023, the state public defender may exempt up to 25 full-time assistant state public defenders in the subunit responsible for trials from the annual caseload standards under par. (bn) based on their need to perform other assigned duties.”.

SB70-AA10,124,24 254. Page 374, line 11: after that line insert:

SB70-AA10,125,1 “ Section 9108. Nonstatutory provisions; Corrections.

SB70-AA10,125,4 (1) Realignment of funding and positions. Adjust funding and positions between appropriations to reflect various organizational modifications within the Department. The adjustments include a reallocation of all of the following:

SB70-AA10,125,8 (a) $9,072,200 GPR and $12,100 PR within the Secretary's Office to allow the Department to create budgetary subunits for the currently existing research unit, reentry unit, Prison Rape Elimination Act (PREA) unit, Office of Legal Counsel, Office of Internal Affairs, and Office of Public Information.

SB70-AA10,125,12 (b) $251,000 GPR from the general program operations appropriation (Bureau of Personnel and Human Resources) to the services for community corrections appropriation (Bureau of Personnel and Human Resources) to more accurately reflect human resource services by appropriation.

SB70-AA10,125,15 (c) 8.0 GPR positions and associated funding ($676,800 GPR) from the general programs operations appropriation to the services for community corrections appropriation related to a previous transfer of positions.

SB70-AA10,125,18 (d) 7.70 PR positions and associated funding ($553,700) to GPR positions and funding to account for a decrease in PR revenue, but an on-going utilization of the positions.

SB70-AA10,125,21 (e) $490,000 GPR and 4.0 GPR positions to match the reallocation of the positions (and associated funding) from the Divisions of Community Corrections and Juvenile Justice to the Office of the Secretary in calendar year 2021.

SB70-AA10,125,23 (f) $11,200 GPR to provide supplies and services to previously transferred positions.

SB70-AA10,126,3 (g) $2,210,300 GPR to align funding between the general program operations, the community corrections, and the purchased services for offenders appropriations to reflect actions in the 2021-23 budget.

SB70-AA10,126,6 (2) Program Revenue reestimates. Provide $9,575,800 in 2023-24 and $9,903,500 in 2024-25 associated with funding adjustments for the following program revenue purposes:

SB70-AA10,126,9 (a) For Badger State Logistics, increase the dollar amount for fiscal year 2023-24 by $600,000 and increase the dollar amount for fiscal year 2024-25 by $600,000.

SB70-AA10,126,11 (b) For Canteen Operations, increase the dollar amount for fiscal year 2023-24 by $1,000,000 and increase the dollar amount for fiscal year 2024-25 by $1,000,000.

SB70-AA10,126,13 (c) For Correctional Farms, increase the dollar amount for fiscal year 2023-24 by $1,600,000 and increase the dollar amount for fiscal year 2024-25 by $1,600,000.

SB70-AA10,126,15 (d) For Prison Industries, increase the dollar amount for fiscal year 2023-24 by $1,400,000 and increase the dollar amount for fiscal year 2024-25 by $1,400,000.

SB70-AA10,126,17 (e) For Prison Industries, increase the dollar amount for fiscal year 2023-24 by $1,000,000 and increase the dollar amount for fiscal year 2024-25 by $1,000,000.

SB70-AA10,126,20 (f) For Telephone Company Commissions, increase the dollar amount for fiscal year 2023-24 by $1,000,000 and increase the dollar amount for fiscal year 2024-25 by $1,000,000.

SB70-AA10,126,22 (g) For General Operations, increase the dollar amount for fiscal year 2023-24 by $1,000,000 and increase the dollar amount for fiscal year 2024-25 by $1,000,000.

SB70-AA10,126,25 (h) For Probation, Parole, and Extended Supervision, increase the dollar amount for fiscal year 2023-24 by $2,000,000 and increase the dollar amount for fiscal year 2024-25 by $2,000,000.