SB111,3068 10Section 3068 . 805.04 (2p) of the statutes is created to read:
SB111,1613,1411 805.04 (2p) False claims. An action filed under s. 20.9315 may be dismissed
12only by order of the court. In determining whether to dismiss the action filed under
13s. 20.9315, the court shall take into account the best interests of the parties and the
14purposes of s. 20.9315.
SB111,3069 15Section 3069 . 806.04 (11) of the statutes is amended to read:
SB111,1614,2116 806.04 (11) Parties. When declaratory relief is sought, all persons shall be
17made parties who have or claim any interest which would be affected by the
18declaration, and no declaration may prejudice the right of persons not parties to the
19proceeding. In any proceeding which involves the validity of a municipal ordinance
20or franchise, the municipality shall be made a party, and shall be entitled to be heard.
21If a statute, ordinance, or franchise is alleged to be unconstitutional, or to be in
22violation of or preempted by federal law, or if the construction or validity of a statute
23is otherwise challenged,
the attorney general shall also be served with a copy of the
24proceeding and be entitled to be heard. If a statute is alleged to be unconstitutional,
25or to be in violation of or preempted by federal law, or if the construction or validity

1of a statute is otherwise challenged, the speaker of the assembly, the president of the
2senate, and the senate majority leader shall also be served with a copy of the
3proceeding, and the assembly, the senate, and the state legislature are entitled to be
4heard. If the assembly, the senate, or the joint committee on legislative organization
5intervenes as provided under s. 803.09 (2m), the assembly shall represent the
6assembly, the senate shall represent the senate, and the joint committee on
7legislative organization shall represent the legislature.
In any proceeding under this
8section in which the constitutionality, construction, or application of any provision
9of ch. 227, or of any statute allowing a legislative committee to suspend, or to delay
10or prevent the adoption of, a rule as defined in s. 227.01 (13) is placed in issue by the
11parties, the joint committee for review of administrative rules shall be served with
12a copy of the petition and, with the approval of the joint committee on legislative
13organization, shall be made a party and be entitled to be heard. In any proceeding
14under this section in which the constitutionality, construction, or application of any
15provision of ch. 13, 20, 111, 227, or 230 or subch. I, III, or IV of ch. 16 or s. 753.075,
16or of any statute allowing a legislative committee to suspend, or to delay or prevent
17the adoption of, a rule as defined in s. 227.01 (13) is placed in issue by the parties,
18the joint committee on legislative organization shall be served with a copy of the
19petition and the joint committee on legislative organization, the senate committee
20on organization, or the assembly committee on organization may intervene as a party
21to the proceedings and be heard.
SB111,3070 22Section 3070 . 808.075 (4) (g) 3. of the statutes is amended to read:
SB111,1614,2423 808.075 (4) (g) 3. Imposition of sentence upon revocation of probation under s.
24973.10 (2) (a) (bm) 2. a.
SB111,3071 25Section 3071 . 809.13 of the statutes is amended to read:
SB111,1615,5
1809.13 Rule (Intervention). A person who is not a party to an appeal may
2file in the court of appeals a petition to intervene in the appeal. A party may file a
3response to the petition within 11 days after service of the petition. The court may
4grant the petition upon a showing that the petitioner's interest meets the
5requirements of s. 803.09 (1), or (2), or (2m).
SB111,3072 6Section 3072 . 813.06 of the statutes is amended to read:
SB111,1615,15 7813.06 Security for damages. In proceedings under s. 767.225 the court or
8judge may, and in all other proceedings except proceedings under ss. 813.12, 813.122,
9813.124, 813.125 and 823.113 the court or judge shall, require a bond of the party
10seeking an injunction, with sureties, to the effect that he or she will pay to the party
11enjoined such damages, not exceeding an amount to be specified, as he or she may
12sustain by reason of the injunction if the court finally decides that the party was not
13entitled thereto. Copies of such bond, affidavit or other pleading shall be served upon
14the party enjoined and the officer serving the same shall, within 8 days after such
15service, file his or her return in the office of the clerk of the court.
SB111,3073 16Section 3073 . 813.124 of the statutes is created to read:
SB111,1615,18 17813.124 Extreme risk protection injunctions. (1) Definitions. In this
18section:
SB111,1615,1919 (a) “Family or household member” means any of the following:
SB111,1615,2020 1. A person related by blood, adoption, or marriage to the respondent.
SB111,1615,2221 2. A person with whom the respondent has or had a dating relationship, as
22defined in s. 813.12 (1) (ag), or with whom the respondent has a child in common.
SB111,1615,2423 3. A person who resides with, or within the 6 months before filing a petition,
24had resided with, the respondent.
SB111,1615,2525 4. A domestic partner under ch. 770 of the respondent.
SB111,1616,3
15. A person who is acting or has acted as the respondent's legal guardian or who
2is or was a foster parent or other physical custodian described in s. 48.62 (2) of the
3respondent.
SB111,1616,64 6. A person for whom the respondent is acting or has acted as a legal guardian
5or for whom the respondent is or was the foster parent or other physical custodian
6described in s. 48.62 (2).
SB111,1616,77 (b) “Firearms dealer" has the meaning given in s. 175.35 (1) (ar).
SB111,1616,88 (c) “Law enforcement officer” has the meaning given in s. 165.85 (2) (c).
SB111,1617,2 9(2) Commencement of action and response. (a) No action under this section
10may be commenced by complaint and summons. An action under this section may
11be commenced only by a petition described under sub. (4) (a). The action commences
12with the sheriff serving the petition on the respondent if a copy of the petition is filed
13before service or promptly after service. If the petitioner files an affidavit with the
14court stating that personal service by the sheriff under s. 801.11 (1) (a) or (b) was
15unsuccessful because the respondent is avoiding service by concealment or
16otherwise, the judge or circuit court commissioner shall inform the petitioner that
17the petitioner may serve the respondent by publication of a summary of the petition
18as a class 1 notice, under ch. 985, and by mailing or sending a facsimile if the
19respondent's post-office address or facsimile number is known or can with due
20diligence be ascertained. The mailing or sending of a facsimile may be omitted if the
21post-office address or facsimile number cannot be ascertained with due diligence.
22A summary of the petition published as a class 1 notice shall include the name of the
23respondent and of the petitioner, notice of the temporary restraining order, and
24notice of the date, time, and place of the hearing regarding the injunction. The court

1shall inform the petitioner in writing that the petitioner should contact the sheriff
2to verify the proof of service of the petition.
SB111,1617,53 (b) Section 813.06 does not apply to an action under this section. The
4respondent may respond to the petition either in writing before or at the injunction
5hearing or orally at the injunction hearing.
SB111,1617,86 (c) When the respondent is served with the petition under this subsection, the
7respondent shall be provided notice of the requirements and penalties under s.
8941.29.
SB111,1617,15 9(2m) Two-part procedure. Procedure for an action under this section is in 2
10parts. First, if the petitioner requests a temporary restraining order, the court shall
11issue or refuse to issue that order. Second, the court shall hold a hearing on whether
12to issue an injunction, which is the final relief, under sub. (3). If the court issues a
13temporary restraining order, the order shall set forth the date for the hearing on an
14injunction. If the court does not issue a temporary restraining order, the date for the
15hearing shall be set upon motion by either party.
SB111,1617,21 16(2t) Temporary restraining order. (a) A judge or circuit court commissioner
17shall issue a temporary restraining order prohibiting the respondent from
18possessing a firearm and ordering the respondent to surrender all of the firearms in
19the respondent's possession if the judge or circuit court commissioner finds
20reasonable grounds that the respondent is substantially likely to injure the
21respondent or another person if the respondent possesses a firearm.
SB111,1617,2222 (am) The order issued under par. (a) shall require one of the following:
SB111,1618,323 1. If the respondent is present at the hearing, the respondent to immediately
24surrender all firearms in the respondent's possession to the sheriff of the county in
25which the action under this section was commenced or to the sheriff of the county in

1which the respondent resides. The sheriff to whom the firearms are surrendered
2may, at the request of the respondent, arrange for the transfer or sale of the firearms
3to a firearms dealer.
SB111,1618,44 2. One of the following: