SB1094,,213 (d) A temporary restraining order issued under par. (a) shall require one of the following:

SB1094,,214 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.

SB1094,,215 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 par. (a) a receipt indicating that the respondent surrendered, transferred, or sold the firearms. The receipt must include the date on which the 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.

SB1094,,216 (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:

SB1094,,217 1. The petitioner files a petition alleging the elements set forth under sub. (4) (a).

SB1094,,218 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.

SB1094,,219 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.

SB1094,,220 (b) The judge may enter an injunction only against the respondent named in the petition.

SB1094,,221 (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.

SB1094,,222 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.

SB1094,,223 (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.

SB1094,,224 (e) An injunction issued under this subsection shall inform the respondent named in the petition of the requirements and penalties under s. 941.29.

SB1094,,225 (4) Petition. (a) The petition shall allege facts sufficient to show the following:

SB1094,,226 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.

SB1094,,227 2. The name of the respondent.

SB1094,,228 3. That the respondent is substantially likely to injure himself or herself or another person if the respondent possesses a firearm.

SB1094,,229 4. If the petitioner knows, the number, type, and location of any firearm that the respondent possesses.

SB1094,,230 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.

SB1094,,231 (b) The clerk of the circuit court shall provide simplified forms to help a person file a petition.

SB1094,,232 (c) Only the following persons may file a petition under this section:

SB1094,,233 1. A law enforcement officer.

SB1094,,234 2. A family or household member of the respondent.

SB1094,,235 (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).

SB1094,,236 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).

SB1094,,237 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.

SB1094,,238 (b) Within one business day after a temporary restraining order is issued under sub. (2t) or an injunction is issued, extended, or vacated under this section, 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.

SB1094,,239 (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 this section 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.

SB1094,,240 (d) 1. The court may schedule a hearing to surrender firearms for any reason relevant to the surrender of firearms.

SB1094,,241 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.