AB1140,34,23 767.461 (4) A term of incarceration, extended supervision, parole, or probation for a violation of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19, 940.195, 940.20, 940.201 (2) 940.202, 940.203 (2), 940.225 (1), (2), or (3), 940.23, 940.235, 940.24 (1), 940.30, 940.302 (2), 940.305, 940.31, 940.32 (2), (2e), or (2m), 940.42, 940.43, 940.44, 940.45, 941.20, 941.29, 941.30, 941.39, 943.011 (2), 947.012, 947.013, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.051, 948.055, 948.06, 948.07, 948.08, 948.085, 948.095, 948.30, 948.55, or 951.02 or any felony to which the penalty enhancer under s. 939.621 could be imposed, for a violation of a 72-hour no contact order under s. 968.075 (5), for a violation of a domestic abuse restraining order, child abuse restraining order, or harassment restraining order, or for a violation to which a penalty enhancer for the use of a dangerous weapon is applied.

AB1140,83 Section 83. 801.50 (5sb) of the statutes is created to read:

AB1140,35,2 801.50 (5sb) Venue of an action under s. 813.124 shall be in the county in which the cause of action arose or where the petitioner or the respondent resides.

AB1140,84 Section 84. 801.58 (2m) of the statutes is amended to read:

AB1140,35,11 801.58 (2m) If, under sub. (2), the judge determines that the request for substitution was made timely and in proper form, any ex parte order granted by the original judge remains in effect according to the terms, except that a temporary restraining order issued under s. 813.12 (3), 813.122 (4), 813.123 (4), 813.124 (2t), or 813.125 (3) by the original judge is extended until the newly assigned judge holds a hearing on the issuance of an injunction. The newly assigned judge shall hear any subsequent motion to modify or vacate any ex parte order granted by the original judge.

AB1140,85 Section 85. 813.06 of the statutes is amended to read:

AB1140,35,21 813.06 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.

AB1140,86 Section 86 . 813.124 of the statutes is created to read:

AB1140,35,24 813.124 Extreme risk protection temporary restraining orders and injunctions. (1) Definitions. In this section:

AB1140,35,25 (a) “Family or household member” means any of the following:

AB1140,36,1 1. A person related by blood, adoption, or marriage to the respondent.

AB1140,36,3 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.

AB1140,36,5 3. A person who resides with, or within the 6 months before filing a petition, had resided with, the respondent.

AB1140,36,6 4. A domestic partner under ch. 770 of the respondent.

AB1140,36,9 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.

AB1140,36,12 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).

AB1140,36,13 (b) “Firearms dealer" has the meaning given in s. 175.35 (1) (ar).

AB1140,36,14 (c) “Law enforcement officer” has the meaning given in s. 165.85 (2) (c).

AB1140,36,17 (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).

AB1140,36,18 (2m) Procedure. Procedure for an action under this section is as follows:

AB1140,37,3 (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, that 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.

AB1140,37,11 (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.

AB1140,37,13 (c) When the respondent is served under this subsection, the respondent shall be provided notice of the requirements and penalties under s. 941.29.

AB1140,37,17 (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:

AB1140,37,22 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.

AB1140,37,23 2. The judge finds all of the following:

AB1140,37,24 a. Substantial likelihood that the petition for an injunction will be successful.

AB1140,38,4 b. Good cause to believe that there is 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.

AB1140,38,9 (b) A temporary restraining order issued under this section 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 only against the respondent named in the petition and may not be renewed or extended.