AB50: Bill Text

AB50,3078 Section 3078. 805.04 (1) of the statutes is amended to read:

AB50,1540,16 805.04 (1) By plaintiff; by stipulation. An Except as provided in sub. (2p), an action may be dismissed by the plaintiff without order of court by serving and filing a notice of dismissal at any time before service by an adverse party of responsive pleading or motion or by the filing of a stipulation of dismissal signed by all parties who have appeared in the action. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is not on the merits, except that a notice of dismissal operates as an adjudication on the merits when filed by a plaintiff who has once dismissed in any court an action based on or including the same claim.

AB50,3079 Section 3079. 805.04 (2p) of the statutes is created to read:

AB50,1540,21 805.04 (2p) False claims. An action filed under s. 20.9315 may be dismissed only by order of the court. In determining whether to dismiss the action filed under s. 20.9315, the court shall take into account the best interests of the parties and the purposes of s. 20.9315.

AB50,3080 Section 3080. 806.04 (11) of the statutes is amended to read:

AB50,1542,8 806.04 (11) Parties. When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration may prejudice the right of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, the municipality shall be made a party, and shall be entitled to be heard. If a statute, ordinance, or franchise is alleged to be unconstitutional, or to be in violation of or preempted by federal law, or if the construction or validity of a statute is otherwise challenged, the attorney general shall also be served with a copy of the proceeding and be entitled to be heard. If a statute is alleged to be unconstitutional, or to be in violation of or preempted by federal law, or if the construction or validity of a statute is otherwise challenged, the speaker of the assembly, the president of the senate, and the senate majority leader shall also be served with a copy of the proceeding, and the assembly, the senate, and the state legislature are entitled to be heard. If the assembly, the senate, or the joint committee on legislative organization intervenes as provided under s. 803.09 (2m), the assembly shall represent the assembly, the senate shall represent the senate, and the joint committee on legislative organization shall represent the legislature. In any proceeding under this section in which the constitutionality, construction, or application of any provision of ch. 227, or of any statute allowing a legislative committee to suspend, or to delay or prevent the adoption of, a rule as defined in s. 227.01 (13) is placed in issue by the parties, the joint committee for review of administrative rules shall be served with a copy of the petition and, with the approval of the joint committee on legislative organization, shall be made a party and be entitled to be heard. In any proceeding under this section in which the constitutionality, construction, or application of any provision of ch. 13, 20, 111, 227, or 230 or subch. I, III, or IV of ch. 16 or s. 753.075, or of any statute allowing a legislative committee to suspend, or to delay or prevent the adoption of, a rule, as defined in s. 227.01 (13), is placed in issue by the parties, the joint committee on legislative organization shall be served with a copy of the petition and the joint committee on legislative organization, the senate committee on organization, or the assembly committee on organization may intervene as a party to the proceedings and be heard.

AB50,3081 Section 3081. 809.13 of the statutes is amended to read:

AB50,1542,14 809.13 Rule (Intervention). A person who is not a party to an appeal may file in the court of appeals a petition to intervene in the appeal. A party may file a response to the petition within 11 days after service of the petition. The court may grant the petition upon a showing that the petitioner’s interest meets the requirements of s. 803.09 (1), or (2), or (2m).

AB50,3082 Section 3082. 813.06 of the statutes is amended to read:

AB50,1543,2 813.06 Security for damages. In proceedings under s. 767.225 the court or judge may, and in all other proceedings except proceedings under ss. 813.12, 813.122, 813.124, 813.125 and 823.113 the court or judge shall, require a bond of the party seeking an injunction, with sureties, to the effect that he or she will pay to the party enjoined such damages, not exceeding an amount to be specified, as he or she may sustain by reason of the injunction if the court finally decides that the party was not entitled thereto. Copies of such bond, affidavit or other pleading shall be served upon the party enjoined and the officer serving the same shall, within 8 days after such service, file his or her return in the office of the clerk of the court.

AB50,3083 Section 3083. 813.124 of the statutes is created to read:

AB50,1543,5 813.124 Extreme risk protection temporary restraining orders and injunctions. (1) Definitions. In this section:

AB50,1543,6 (a) “Family or household member” means any of the following:

AB50,1543,7 1. A person related by blood, adoption, or marriage to the respondent.

AB50,1543,9 2. A person with whom the respondent has or had a dating relationship, as defined in s. 813.12 (1) (ag), or with whom the respondent has a child in common.

AB50,1543,11 3. A person who resides with, or within the 6 months before filing a petition, had resided with, the respondent.

AB50,1543,12 4. A domestic partner under ch. 770 of the respondent.

AB50,1543,15 5. A person who is acting or has acted as the respondent’s legal guardian or who is or was a foster parent or other physical custodian described in s. 48.62 (2) of the respondent.

AB50,1543,18 6. A person for whom the respondent is acting or has acted as a legal guardian or for whom the respondent is or was the foster parent or other physical custodian described in s. 48.62 (2).

AB50,1543,19 (b) “Firearms dealer” has the meaning given in s. 175.35 (1) (ar).

AB50,1543,20 (c) “Law enforcement officer” has the meaning given in s. 165.85 (2) (c).

AB50,1543,23 (2) Commencement of action and response. No action under this section may be commenced by complaint and summons. An action under this section may be commenced only by a petition described under sub. (4) (a).

AB50,1544,1 (2m) Procedure. Procedure for an action under this section is as follows:

AB50,1544,11 (a) If the petitioner requests an extreme risk protection temporary restraining order, the court shall consider the request as provided under sub. (2t). If the court issues a temporary restraining order, the court shall set forth the date, which must be within 14 days of issuing the temporary restraining order, for the hearing on the injunction and shall forward a copy of the temporary restraining order, the injunction hearing date, and the petition to the appropriate law enforcement agency with jurisdiction over the respondent’s residence. The law enforcement agency shall immediately, or as soon as practicable, serve it on the respondent. If personal service cannot be effected upon the respondent, the court may order other appropriate service.

AB50,1544,19 (b) The court shall hold a hearing under sub. (3) on whether to issue an extreme risk protection injunction, which is the final relief. If there was no temporary restraining order, the respondent shall be served notice of the petition by a law enforcement officer and the date for the hearing shall be set upon motion by either party. If personal service cannot be effected upon the respondent, the court may order other appropriate service. The service shall include the name of the respondent and of the petitioner, and, if known, notice of the date, time, and place of the injunction hearing.

AB50,1544,21 (c) When the respondent is served under this subsection, the respondent shall be provided notice of the requirements and penalties under s. 941.29.

AB50,1545,3 (2t) Extreme risk protection temporary restraining order. (a) A judge shall issue an extreme risk protection temporary restraining order under this subsection prohibiting the respondent from possessing a firearm and ordering the respondent to surrender all firearms in the respondent’s possession if all of the following occur:

AB50,1545,8 1. A petitioner files a petition alleging the elements under sub. (4) (a), and requests a temporary restraining order. The petition requesting a temporary restraining order shall be heard by the court in an expedited manner. The court shall examine under oath the petitioner and any witness the petitioner may produce or may rely on an affidavit submitted in support of the petition.

AB50,1545,9 2. The judge finds all of the following:

AB50,1545,10 a. Substantial likelihood that the petition for an injunction will be successful.

AB50,1545,14 b. Good cause to believe that there is an immediate and present danger that the respondent may injure themself or another person if the respondent possesses a firearm and that waiting for the injunction hearing may increase the immediate and present danger.

AB50,1545,19 (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.

AB50,1545,22 (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.

AB50,1546,2 (d) The temporary restraining order issued under this subsection shall require one of the following:

AB50,1546,5 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.

AB50,1546,16 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.

AB50,1546,22 (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:

AB50,1547,2 1. The petitioner files a petition alleging the elements set forth under sub. (4) (a).

AB50,1547,6 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.

AB50,1547,9 3. The judge finds by clear and convincing evidence that the respondent is substantially likely to injure themself or another person if the respondent possesses a firearm.

AB50,1547,11 (b) The judge may enter an injunction against only the respondent named in the petition.

AB50,1547,14 (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.

AB50,1547,18 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 themself or another person if the respondent possesses a firearm.

AB50,1548,2 (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 themself or another person if the respondent possesses a firearm.

AB50,1548,4 (e) An injunction issued under this subsection shall inform the respondent named in the petition of the requirements and penalties under s. 941.29.

AB50,1548,6 (4) Petition. (a) The petition shall allege facts sufficient to show the following:

AB50,1548,8 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.

AB50,1548,9 2. The name of the respondent.

AB50,1548,11 3. That the respondent is substantially likely to injure themself or another person if the respondent possesses a firearm.

AB50,1548,13 4. If the petitioner knows, the number, types, and locations of any firearms that the respondent possesses.

AB50,1548,17 5. If requesting a temporary restraining order, evidence of an immediate and present danger that the respondent may injure themself or another person if the respondent possesses a firearm and that waiting for the injunction hearing may increase the immediate and present danger.

AB50,1548,19 (b) The clerk of the circuit court shall provide simplified forms to help a person file a petition.

AB50,1548,20 (c) Only the following persons may file a petition under this section:

AB50,1548,21 1. A law enforcement officer.

AB50,1548,22 2. A family or household member of the respondent.

AB50,1549,7 (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).

AB50,1549,11 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).

AB50,1549,14 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.

AB50,1549,20 (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.

AB50,1550,7 (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.

AB50,1550,9 (d) 1. The court may schedule a hearing to surrender firearms for any reason relevant to the surrender of firearms.

AB50,1550,14 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.

AB50,1550,17 (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).

AB50,1550,21 (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:

AB50,1550,23 1. If a temporary restraining order was issued, that the temporary restraining order has expired and no injunction has been issued.

AB50,1551,2 2. If an injunction was issued, that the injunction has been vacated or has expired and not been extended.

AB50,1551,7 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.

AB50,1551,17 (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.

AB50,1551,19 (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).

AB50,1552,2 (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.

AB50,3084 Section 3084. 813.126 (1) of the statutes is amended to read:

AB50,1552,15 813.126 (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.

AB50,3085 Section 3085. 813.127 of the statutes is amended to read:

AB50,1552,23 813.127 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.

AB50,3086 Section 3086. 813.128 (2g) (b) of the statutes is amended to read:

AB50,1553,6 813.128 (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.

AB50,3087 Section 3087. 814.04 (intro.) of the statutes is amended to read:

AB50,1553,12 814.04 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:

AB50,3088 Section 3088. 814.75 (5g) of the statutes is created to read:

AB50,1553,14 814.75 (5g) The crime victim services surcharge under s. 973.0452.

AB50,3089 Section 3089. 814.76 (4p) of the statutes is created to read:

AB50,1553,16 814.76 (4p) The crime victim services surcharge under s. 973.0452.

AB50,3090 Section 3090. 814.77 (3p) of the statutes is created to read:

AB50,1553,18 814.77 (3p) The crime victim services surcharge under s. 973.0452.

AB50,3091 Section 3091. 814.78 (4p) of the statutes is created to read:

AB50,1553,20 814.78 (4p) The crime victim services surcharge under s. 973.0452.

AB50,3092 Section 3092. 814.79 (3p) of the statutes is created to read:

AB50,1553,22 814.79 (3p) The crime victim services surcharge under s. 973.0452.

AB50,3093 Section 3093. 814.80 (4p) of the statutes is created to read: