SB111,3071
25Section 3071
. 809.13 of the statutes is amended to read:
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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:
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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.
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16Section 3073
. 813.124 of the statutes is created to read:
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17813.124 Extreme risk protection injunctions. (1) Definitions. In this
18section:
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(a) “Family or household member” means any of the following:
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1. A person related by blood, adoption, or marriage to the respondent.
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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.
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3. A person who resides with, or within the 6 months before filing a petition,
24had resided with, the respondent.
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4. A domestic partner under ch. 770 of the respondent.
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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.
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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).
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(b) “Firearms dealer" has the meaning given in s. 175.35 (1) (ar).
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(c) “Law enforcement officer” has the meaning given in s. 165.85 (2) (c).
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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.
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(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.
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(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.
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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.
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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.
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(am) The order issued under par. (a) shall require one of the following:
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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.
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2. One of the following:
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a. If the respondent is not present at the hearing and the sheriff personally
6serves the respondent with the order issued under par. (a), the sheriff to require the
7respondent to immediately surrender all firearms in the respondent's possession.
8The sheriff may, at the request of the respondent, arrange for the transfer or sale of
9the firearms to a firearms dealer.
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b. If the respondent is not present at the hearing and the sheriff does not
11personally serve the respondent with the order issued under par. (a), the respondent
12to, within 24 hours of service, surrender all firearms in the respondent's possession
13to the sheriff or transfer or sell all firearms in the respondent's possession to a
14firearms dealer. Within 48 hours of service, the respondent shall file with the court
15that issued the order under par. (a) a receipt from the sheriff or firearms dealer
16indicating that the respondent surrendered the firearms.
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(an) 1. The court may schedule a hearing to surrender firearms for any reason
18relevant to the surrender of firearms.
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2. If the respondent does not comply with par. (am) or, if applicable, an order
20issued at a hearing to surrender firearms, or a law enforcement officer has probable
21cause to believe that the respondent possesses a firearm, the law enforcement officer
22shall request a search warrant to seize the firearms and may use information
23contained in the petition to establish probable cause.
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1(b) Notice need not be given to the respondent before issuing a temporary
2restraining order under this subsection. A temporary restraining order may be
3entered only against the respondent named in the petition.
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(c) A temporary restraining order issued under this subsection is in effect until
5a hearing is held on issuance of an injunction under sub. (3). A judge shall hold a
6hearing on issuance of an injunction under sub. (3) within 14 days after the
7temporary restraining order is issued, unless the time is extended once for up to 14
8days upon the written consent of the parties or upon a finding that the respondent
9has not been served with a copy of the temporary restraining order although the
10petitioner has exercised due diligence. A judge may not extend the temporary
11restraining order in lieu of ruling on the issuance of an injunction.