AB68-SSA1,1426,2017
2. When an injunction expires, the court shall extend the injunction, upon
18petition, for up to one year if the judge finds by clear and convincing evidence that
19the respondent is still substantially likely to injure himself or herself or another
20person if the respondent possesses a firearm.
AB68-SSA1,1427,221
(d) A respondent who is subject to an injunction issued under this subsection
22may request in writing a judge to vacate the injunction one time during any
23injunction period. If a respondent files a request under this paragraph, the
24petitioner shall be notified of the request before the judge considers the request. The
25judge shall vacate the injunction if the respondent demonstrates by clear and
1convincing evidence that the respondent is no longer substantially likely to injure
2himself or herself or another person if the respondent possesses a firearm.
AB68-SSA1,1427,43
(e) An injunction issued under this subsection shall inform the respondent
4named in the petition of the requirements and penalties under s. 941.29.
AB68-SSA1,1427,5
5(4) Petition. (a) The petition shall allege facts sufficient to show the following:
AB68-SSA1,1427,76
1. The name of the petitioner and, unless the petitioner is a law enforcement
7officer, how the petitioner is a family or household member of the respondent.
AB68-SSA1,1427,88
2. The name of the respondent.
AB68-SSA1,1427,109
3. That the respondent is substantially likely to injure himself or herself or
10another person if the respondent possesses a firearm.
AB68-SSA1,1427,1211
4. If the petitioner knows, the number, types, and locations of any firearms that
12the respondent possesses.
AB68-SSA1,1427,1413
(b) The clerk of the circuit court shall provide simplified forms to help a person
14file a petition.
AB68-SSA1,1427,1515
(c) Only the following persons may file a petition under this section:
AB68-SSA1,1427,1616
1. A law enforcement officer.
AB68-SSA1,1427,1717
2. A family or household member of the respondent.
AB68-SSA1,1427,25
18(5) Enforcement assistance. (a) 1. If an injunction is issued, extended, or
19vacated under sub. (3), the clerk of the circuit court shall notify the department of
20justice of the action and shall provide the department of justice with information
21concerning the period during which the injunction is in effect or the date on which
22the injunction is vacated and with information necessary to identify the respondent
23for purposes of responding to a request under s. 165.63 or for purposes of a firearms
24restrictions record search under s. 175.35 (2g) (c) or a background check under s.
25175.60 (9g) (a).
AB68-SSA1,1428,4
12. Except as provided in subd. 3., the department of justice may disclose
2information that it receives under subd. 1. only to respond to a request under s.
3165.63 or as part of a firearms restrictions record search under s. 175.35 (2g) (c) or
4a background check under s. 175.60 (9g) (a).
AB68-SSA1,1428,75
3. The department of justice shall disclose any information that it receives
6under subd. 1. to a law enforcement agency when the information is needed for law
7enforcement purposes.
AB68-SSA1,1428,128
(b) Within one business day after an injunction is issued, extended, or vacated
9under this section, the clerk of the circuit court shall send a copy of the injunction,
10or of the order extending or vacating an injunction, to the sheriff or to any other local
11law enforcement agency which is the central repository for injunctions and which has
12jurisdiction over the petitioner's premises.
AB68-SSA1,1428,2013
(c) No later than 24 hours after receiving the information under par. (b), the
14sheriff or other appropriate local law enforcement agency under par. (b) shall enter
15the information concerning an injunction issued, extended, or vacated under this
16section into the transaction information for management of enforcement system.
17The sheriff or other appropriate local law enforcement agency shall also make
18available to other law enforcement agencies, through a verification system,
19information on the existence and status of any injunction issued under this section.
20The information need not be maintained after the injunction is no longer in effect.
AB68-SSA1,1428,2221
(d) 1. The court may schedule a hearing to surrender firearms for any reason
22relevant to the surrender of firearms.
AB68-SSA1,1429,223
2. If the respondent does not comply with an order issued at a hearing to
24surrender firearms, or a law enforcement officer has probable cause to believe that
25the respondent possesses a firearm, the law enforcement officer shall request a
1search warrant to seize the firearms and may use information contained in the
2petition to establish probable cause.
AB68-SSA1,1429,5
3(6) Penalty for false swearing. Whoever files a petition under this section for
4an injunction knowing the information in the petition to be false is subject to
5prosecution for false swearing under s. 946.32 (1), a Class H felony.
AB68-SSA1,1429,9
6(7) Return of firearms and form. (a) A firearm surrendered under this section
7may not be returned to the respondent until the respondent completes a petition for
8the return of firearms under par. (c) and a judge or circuit court commissioner
9determines all of the following:
AB68-SSA1,1429,1110
1. That the temporary restraining order or injunction has been vacated or has
11expired and not been extended.
AB68-SSA1,1429,1612
2. That the person is not prohibited from possessing a firearm under any state
13or federal law or by the order of any federal court or state court, other than an order
14from which the judge or circuit court commissioner is competent to grant relief. The
15judge or commissioner shall use the information provided under s. 165.63 to aid in
16making the determination under this subdivision.
AB68-SSA1,1429,2517
(b) If a respondent surrenders under this section a firearm that is owned by a
18person other than the respondent, the person who owns the firearm may apply for
19its return to the circuit court for the county in which the person to whom the firearm
20was surrendered is located. The court shall order such notice as it considers
21adequate to be given to all persons who have or may have an interest in the firearm
22and shall hold a hearing to hear all claims to its true ownership. If the right to
23possession is proved to the court's satisfaction, it shall order the firearm returned.
24If the court returns a firearm under this paragraph, the court shall inform the person
25to whom the firearm is returned of the requirements and penalties under s. 941.2905.
AB68-SSA1,1430,2
1(c) The director of state courts shall develop a petition for the return of firearms
2form that is substantially the same as the form under s. 813.1285 (5) (b).
AB68-SSA1,1430,7
3(8) Notice of full faith and credit. An order or injunction issued under sub.
4(2t) or (3) shall include a statement that the order or injunction may be accorded full
5faith and credit in every civil or criminal court of the United States, civil or criminal
6courts of any other state, and Indian tribal courts to the extent that such courts may
7have personal jurisdiction over nontribal members.
AB68-SSA1,3084
8Section 3084
. 813.126 (1) of the statutes is amended to read:
AB68-SSA1,1430,199
813.126
(1) Time limits. If a party seeks to have the judge conduct a hearing
10de novo under s. 757.69 (8) of a determination, order, or ruling entered by a court
11commissioner in an action under s. 813.12, 813.122, 813.123,
813.124, or 813.125,
12including a denial of a request for a temporary restraining order, the motion
13requesting the hearing must be filed with the court within 30 days after the circuit
14court commissioner issued the determination, order, or ruling. The court shall hold
15the de novo hearing within 30 days after the motion requesting the hearing is filed
16with the court unless the court finds good cause for an extension. Any determination,
17order, or ruling entered by a court commissioner in an action under s. 813.12,
18813.122, 813.123,
813.124, or 813.125 remains in effect until the judge in the de novo
19hearing issues his or her final determination, order, or ruling.
AB68-SSA1,3085
20Section
3085. 813.127 of the statutes is amended to read: