Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB352 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 352
5	5	June 29, 2023 - Introduced by Senators TAYLOR, AGARD, L. JOHNSON, CARPENTER,
6	6	HESSELBEIN, LARSON, ROYS, SMITH and SPREITZER, cosponsored by
7	7	Representatives ANDRACA, STUBBS, C. ANDERSON, J. ANDERSON, BALDEH, BARE,
8	8	BILLINGS, CABRERA, CONLEY, CONSIDINE, DONOVAN, DOYLE, GOYKE, HONG,
9	9	JACOBSON, JOERS, MOORE OMOKUNDE, MYERS, OHNSTAD, PALMERI, RATCLIFF,
10	10	SHELTON, SINICKI, SNODGRASS, SUBECK and VINING. Referred to Committee on
11	11	Judiciary and Public Safety.
12	12	*AUTHORS SUBJECT TO CHANGE*
13	13	AN ACT to amend 165.63 (3), 165.63 (4) (d), 175.35 (1) (at), 175.60 (9g) (a) 2.,
14	14	175.60 (11) (a) 2. f., 801.58 (2m), 813.06, 813.126 (1), 813.127, 813.128 (2g) (b)
15	15	and 941.29 (1m) (f); and to create 801.50 (5sb) and 813.124 of the statutes;
16	16	relating to: extreme risk protection temporary restraining orders and
17	17	injunctions and providing a penalty.
18	18	Analysis by the Legislative Reference Bureau
19	19	Under current law, a person is prohibited from possessing a firearm, and must
20	20	surrender all firearms, if the person is subject to a domestic abuse injunction, a child
21	21	abuse injunction, or, in certain cases, a harassment or an individuals-at-risk
22	22	injunction. If a person surrenders a firearm because the person is subject to one of
23	23	those injunctions, the firearm may not be returned to the person until a court
24	24	determines that the injunction has been vacated or has expired and that the person
25	25	is not otherwise prohibited from possessing a firearm. A person who is prohibited
26	26	from possessing a firearm under such an injunction is guilty of a Class G felony for
27	27	violating the prohibition.
28	28	This bill creates an extreme risk protection temporary restraining order and
29	29	injunction to prohibit a person from possessing a firearm. Under the bill, either a
30	30	law enforcement officer or a family or household member of the person may file a
31	31	petition with a court to request an extreme risk protection injunction. The petition
32	32	must allege facts that show that the person is substantially likely to injure himself
33	33	or herself or another if the person possesses a firearm.
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40	40	SENATE BILL 352
41	41	Under the bill, the petitioner may request the court to consider first granting
42	42	a temporary restraining order. If the petitioner does request a TRO, the petitioner
43	43	must include evidence that there is an immediate and present danger that the person
44	44	may injure himself or herself or another if the person possesses a firearm and that
45	45	waiting for the injunction hearing increases the immediate and present danger.
46	46	If the petitioner requests a TRO, the court must hear the petition in an
47	47	expedited manner. The judge must issue a TRO if, after questioning the petitioner
48	48	and witnesses or relying on affidavits, the judge determines that it is substantially
49	49	likely that the petition for an injunction will be granted and the judge finds good
50	50	cause to believe there is an immediate and present danger that the person will injure
51	51	himself or herself or another if the person has a firearm and that waiting for the
52	52	injunction hearing may increase the immediate and present danger. If the judge
53	53	issues a TRO, the TRO is in effect until the injunction hearing, which must occur
54	54	within 14 days of the TRO issuance. The TRO must require a law enforcement officer
55	55	to personally serve the person with the order and to require the person to
56	56	immediately surrender all firearms in his or her possession. If a law enforcement
57	57	officer is unable to personally serve the person, then the TRO requires the person to
58	58	surrender within 24 hours all firearms to a law enforcement officer or a firearms
59	59	dealer and to provide the court a receipt indicating the surrender occurred.
60	60	At the injunction hearing, the court may grant an extreme risk protection
61	61	injunction ordering the person to refrain from possessing a firearm and, if the person
62	62	was not subject to a TRO, to surrender all firearms he or she possesses if the court
63	63	finds by clear and convincing evidence that the person is substantially likely to injure
64	64	himself or herself or another if the person possesses a firearm. An extreme risk
65	65	protection injunction is effective for up to one year and may be renewed. A person
66	66	who is subject to an extreme risk protection injunction may petition to vacate the
67	67	injunction. If a person surrenders a firearm because the person is subject to an
68	68	extreme risk protection TRO or injunction, the firearm may not be returned to the
69	69	person until a court determines that the TRO has expired or the injunction has been
70	70	vacated or has expired and that the person is not otherwise prohibited from
71	71	possessing a firearm.
72	72	A person who possesses a firearm while subject to an extreme risk protection
73	73	TRO or injunction is guilty of a Class G felony. In addition, a person who files a
74	74	petition for an extreme risk protection injunction, knowing the information in the
75	75	petition to be false, is guilty of the crime of false swearing, a Class H felony.
76	76	Because this bill creates a new crime or revises a penalty for an existing crime,
77	77	the Joint Review Committee on Criminal Penalties may be requested to prepare a
78	78	report.
79	79	For further information see the state and local fiscal estimate, which will be
80	80	printed as an appendix to this bill.
81	81	The people of the state of Wisconsin, represented in senate and assembly, do
82	82	enact as follows: - 3 -2023 - 2024 Legislature
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85	85	SECTION 1
86	86	SENATE BILL 352
87	87	SECTION 1. 165.63 (3) of the statutes is amended to read:
88	88	165.63 (3) REQUESTS FROM COURTS. In making a determination required under
89	89	s. 813.124 (7) (a), 813.1285 (7) (a), or 968.20 (1m) (d) 1., a judge or court commissioner
90	90	shall request information under sub. (2) from the department or from a law
91	91	enforcement agency or law enforcement officer as provided in sub. (4) (d).
92	92	SECTION 2. 165.63 (4) (d) of the statutes is amended to read:
93	93	165.63 (4) (d) Aid the court in making a determination required under s.
94	94	813.124 (7) (a), 813.1285 (7) (a), or 968.20 (1m) (d) 1. or aid an entity in making a
95	95	determination required under s. 968.20 (1m) (d) 2.
96	96	SECTION 3. 175.35 (1) (at) of the statutes is amended to read:
97	97	175.35 (1) (at) “Firearms restrictions record search" means a search of
98	98	department of justice records to determine whether a person seeking to purchase a
99	99	handgun is prohibited from possessing a firearm under s. 941.29. “Firearms
100	100	restrictions record search" includes a criminal history record search, a search to
101	101	determine whether a person is prohibited from possessing a firearm under s. 51.20
102	102	(13) (cv) 1., 2007 stats., a search in the national instant criminal background check
103	103	system to determine whether a person has been ordered not to possess a firearm
104	104	under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1., 54.10 (3) (f) 1., or 55.12 (10) (a), a search
105	105	to determine whether the person is subject to an injunction under s. 813.12 or
106	106	813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court
107	107	established by any federally recognized Wisconsin Indian tribe or band, except the
108	108	Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he
109	109	or she is subject to the requirements and penalties under s. 941.29 and that has been
110	110	filed with the circuit court under s. 813.128 (3g), a search to determine whether the
111	111	person is subject to a temporary restraining order or injunction under s. 813.124, and
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138	138	SECTION 3 SENATE BILL 352
139	139	a search to determine whether the person is prohibited from possessing a firearm
140	140	under s. 813.123 (5m) or 813.125 (4m).
141	141	SECTION 4. 175.60 (9g) (a) 2. of the statutes is amended to read:
142	142	175.60 (9g) (a) 2. The department shall conduct a criminal history record
143	143	search and shall search its records and conduct a search in the national instant
144	144	criminal background check system to determine whether the applicant is prohibited
145	145	from possessing a firearm under federal law; whether the applicant is prohibited
146	146	from possessing a firearm under s. 941.29; whether the applicant is prohibited from
147	147	possessing a firearm under s. 51.20 (13) (cv) 1., 2007 stats.; whether the applicant
148	148	has been ordered not to possess a firearm under s. 51.20 (13) (cv) 1., 51.45 (13) (i) 1.,
149	149	54.10 (3) (f) 1., or 55.12 (10) (a); whether the applicant is subject to an injunction
150	150	under s. 813.12 or 813.122, or a tribal injunction, as defined in s. 813.12 (1) (e), issued
151	151	by a court established by any federally recognized Wisconsin Indian tribe or band,
152	152	except the Menominee Indian tribe of Wisconsin, that includes notice to the
153	153	respondent that he or she is subject to the requirements and penalties under s.
154	154	941.29 and that has been filed with the circuit court under s. 813.128 (3g); whether
155	155	the applicant is subject to a temporary restraining order or injunction under s.
156	156	813.124; and whether the applicant is prohibited from possessing a firearm under
157	157	s. 813.123 (5m) or 813.125 (4m); and to determine if the court has prohibited the
158	158	applicant from possessing a dangerous weapon under s. 969.02 (3) (c) or 969.03 (1)
159	159	(c) and if the applicant is prohibited from possessing a dangerous weapon as a
160	160	condition of release under s. 969.01.
161	161	SECTION 5. 175.60 (11) (a) 2. f. of the statutes is amended to read:
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187	187	SECTION 5
188	188	SENATE BILL 352
189	189	175.60 (11) (a) 2. f. The individual becomes subject to an a temporary
190	190	restraining order or injunction described in s. 941.29 (1m) (f) or is ordered not to
191	191	possess a firearm under s. 813.123 (5m) or 813.125 (4m).
192	192	SECTION 6. 801.50 (5sb) of the statutes is created to read:
193	193	801.50 (5sb) Venue of an action under s. 813.124 shall be in the county in which
194	194	the cause of action arose or where the petitioner or the respondent resides.
195	195	SECTION 7. 801.58 (2m) of the statutes is amended to read:
196	196	801.58 (2m) If, under sub. (2), the judge determines that the request for
197	197	substitution was made timely and in proper form, any ex parte order granted by the
198	198	original judge remains in effect according to the terms, except that a temporary
199	199	restraining order issued under s. 813.12 (3), 813.122 (4), 813.123 (4), 813.124 (2t), or
200	200	813.125 (3) by the original judge is extended until the newly assigned judge holds a
201	201	hearing on the issuance of an injunction. The newly assigned judge shall hear any
202	202	subsequent motion to modify or vacate any ex parte order granted by the original
203	203	judge.
204	204	SECTION 8. 813.06 of the statutes is amended to read:
205	205	813.06 Security for damages. In proceedings under s. 767.225 the court or
206	206	judge may, and in all other proceedings except proceedings under ss. 813.12, 813.122,
207	207	813.124, 813.125 and 823.113 the court or judge shall, require a bond of the party
208	208	seeking an injunction, with sureties, to the effect that he or she will pay to the party
209	209	enjoined such damages, not exceeding an amount to be specified, as he or she may
210	210	sustain by reason of the injunction if the court finally decides that the party was not
211	211	entitled thereto. Copies of such bond, affidavit or other pleading shall be served upon
212	212	the party enjoined and the officer serving the same shall, within 8 days after such
213	213	service, file his or her return in the office of the clerk of the court.
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240	240	SECTION 9 SENATE BILL 352
241	241	SECTION 9. 813.124 of the statutes is created to read:
242	242	813.124 Extreme risk protection temporary restraining orders and
243	243	injunctions. (1) DEFINITIONS. In this section:
244	244	(a) “Family or household member” means any of the following:
245	245	1. A person related by blood, adoption, or marriage to the respondent.
246	246	2. A person with whom the respondent has or had a dating relationship, as
247	247	defined in s. 813.12 (1) (ag), or with whom the respondent has a child in common.
248	248	3. A person who resides with, or within the 6 months before filing a petition,
249	249	had resided with, the respondent.
250	250	4. A domestic partner under ch. 770 of the respondent.
251	251	5. A person who is acting or has acted as the respondent's legal guardian or who
252	252	is or was a foster parent or other physical custodian described in s. 48.62 (2) of the
253	253	respondent.
254	254	6. A person for whom the respondent is acting or has acted as a legal guardian
255	255	or for whom the respondent is or was the foster parent or other physical custodian
256	256	described in s. 48.62 (2).
257	257	(b) “Firearms dealer" has the meaning given in s. 175.35 (1) (ar).
258	258	(c) “Law enforcement officer” has the meaning given in s. 165.85 (2) (c).
259	259	(2) COMMENCEMENT OF ACTION AND RESPONSE. No action under this section may
260	260	be commenced by complaint and summons. An action under this section may be
261	261	commenced only by a petition described under sub. (4) (a).
262	262	(2m) PROCEDURE. Procedure for an action under this section is as follows:
263	263	(a) If the petitioner requests an extreme risk protection temporary restraining
264	264	order, the court shall consider the request as provided under sub. (2t). If the court
265	265	issues a temporary restraining order, the court shall set forth the date, which must
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293	293	SECTION 9
294	294	SENATE BILL 352
295	295	be within 14 days of issuing the temporary restraining order, for the hearing on the
296	296	injunction and shall forward a copy of the temporary restraining order, the
297	297	injunction hearing date, and the petition to the appropriate law enforcement agency
298	298	with jurisdiction over the respondent's residence. The law enforcement agency shall
299	299	immediately, or as soon as practicable, serve it on the respondent. If personal service
300	300	cannot be effected upon the respondent, the court may order other appropriate
301	301	service.
302	302	(b) The court shall hold a hearing under sub. (3) on whether to issue an extreme
303	303	risk protection injunction, which is the final relief. If there was no temporary
304	304	restraining order, the respondent shall be served notice of the petition by a law
305	305	enforcement officer and the date for the hearing shall be set upon motion by either
306	306	party. If personal service cannot be effected upon the respondent, the court may
307	307	order other appropriate service. The service shall include the name of the respondent
308	308	and of the petitioner, and, if known, notice of the date, time, and place of the
309	309	injunction hearing.
310	310	(c) When the respondent is served under this subsection, the respondent shall
311	311	be provided notice of the requirements and penalties under s. 941.29.
312	312	(2t) EXTREME RISK PROTECTION TEMPORARY RESTRAINING ORDER. (a) A judge shall
313	313	issue an extreme risk protection temporary restraining order under this subsection
314	314	prohibiting the respondent from possessing a firearm and ordering the respondent
315	315	to surrender all firearms in the respondent's possession if all of the following occur:
316	316	1. A petitioner files a petition alleging the elements under sub. (4) (a), and
317	317	requests a temporary restraining order. The petition requesting a temporary
318	318	restraining order shall be heard by the court in an expedited manner. The court shall
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344	344	SECTION 9 SENATE BILL 352
345	345	examine under oath the petitioner and any witness the petitioner may produce or
346	346	may rely on an affidavit submitted in support of the petition.
347	347	2. The judge finds all of the following:
348	348	a. Substantial likelihood that the petition for an injunction will be successful.
349	349	b. Good cause to believe that there is an immediate and present danger that
350	350	the respondent may injure himself or herself or another person if the respondent
351	351	possesses a firearm and that waiting for the injunction hearing may increase the
352	352	immediate and present danger.
353	353	(b) A temporary restraining order issued under this subsection shall remain
354	354	in effect until a hearing is held on issuance of an injunction under sub. (3). Notice
355	355	need not be given to the respondent before issuing a temporary restraining order
356	356	under this subsection. A temporary restraining order may be entered against only
357	357	the respondent named in the petition and may not be renewed or extended.
358	358	(c) A temporary restraining order issued under this subsection shall inform the
359	359	respondent named in the petition of the requirements and penalties under s. 941.29.
360	360	(d) The temporary restraining order issued under this subsection shall require
361	361	one of the following:
362	362	1. If a law enforcement officer is able to personally serve the respondent with
363	363	the order, the officer to require the respondent to immediately surrender all firearms
364	364	in the respondent's possession.
365	365	2. If a law enforcement officer is not able to personally serve the respondent
366	366	with the order, the respondent to, within 24 hours of service, surrender all firearms
367	367	in the respondent's possession to a law enforcement officer or transfer or sell all
368	368	firearms in the respondent's possession to a firearms dealer. Within 48 hours of
369	369	service, the respondent shall file with the court that issued the order under this
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397	397	SECTION 9
398	398	SENATE BILL 352
399	399	subsection a receipt indicating that the respondent surrendered, transferred, or sold
400	400	the firearms. The receipt must include the date on which each firearm was
401	401	surrendered, transferred, or sold and the manufacturer, model, and serial number
402	402	of each firearm and must be signed by either the law enforcement officer to whom the
403	403	firearm was surrendered or the firearms dealer to whom the firearm was transferred
404	404	or sold.
405	405	(3) EXTREME RISK PROTECTION INJUNCTION. (a) The court shall hold a hearing on
406	406	whether to issue an extreme risk protection injunction, which is the final relief. At
407	407	the hearing, a judge may grant an injunction prohibiting the respondent from
408	408	possessing a firearm and, if there was no temporary restraining order under sub. (2t),
409	409	ordering the respondent to surrender all firearms in the respondent's possession if
410	410	all of the following occur:
411	411	1. The petitioner files a petition alleging the elements set forth under sub. (4)
412	412	(a).
413	413	2. The petitioner serves upon the respondent a copy or summary of the petition
414	414	and notice of the time for hearing on the issuance of the injunction, or the respondent
415	415	serves upon the petitioner notice of the time for hearing on the issuance of the
416	416	injunction.
417	417	3. The judge finds by clear and convincing evidence that the respondent is
418	418	substantially likely to injure himself or herself or another person if the respondent
419	419	possesses a firearm.
420	420	(b) The judge may enter an injunction against only the respondent named in
421	421	the petition.
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446	446	SECTION 9 SENATE BILL 352
447	447	(c) 1. Unless a judge vacates the injunction under par. (d), an injunction under
448	448	this subsection is effective for a period determined by the judge that is no longer than
449	449	one year.
450	450	2. When an injunction expires, the court shall extend the injunction, upon
451	451	petition, for up to one year if the judge finds by clear and convincing evidence that
452	452	the respondent is still substantially likely to injure himself or herself or another
453	453	person if the respondent possesses a firearm.
454	454	(d) A respondent who is subject to an injunction issued under this subsection
455	455	may request in writing a judge to vacate the injunction one time during any
456	456	injunction period. If a respondent files a request under this paragraph, the
457	457	petitioner shall be notified of the request before the judge considers the request. The
458	458	judge shall vacate the injunction if the respondent demonstrates by clear and
459	459	convincing evidence that the respondent is no longer substantially likely to injure
460	460	himself or herself or another person if the respondent possesses a firearm.
461	461	(e) An injunction issued under this subsection shall inform the respondent
462	462	named in the petition of the requirements and penalties under s. 941.29.
463	463	(4) PETITION. (a) The petition shall allege facts sufficient to show the following:
464	464	1. The name of the petitioner and, unless the petitioner is a law enforcement
465	465	officer, how the petitioner is a family or household member of the respondent.
466	466	2. The name of the respondent.
467	467	3. That the respondent is substantially likely to injure himself or herself or
468	468	another person if the respondent possesses a firearm.
469	469	4. If the petitioner knows, the number, types, and locations of any firearms that
470	470	the respondent possesses.
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497	497	SECTION 9
498	498	SENATE BILL 352
499	499	5. If requesting a temporary restraining order, evidence of an immediate and
500	500	present danger that the respondent may injure himself or herself or another person
501	501	if the respondent possesses a firearm and that waiting for the injunction hearing may
502	502	increase the immediate and present danger.
503	503	(b) The clerk of the circuit court shall provide simplified forms to help a person
504	504	file a petition.
505	505	(c) Only the following persons may file a petition under this section:
506	506	1. A law enforcement officer.
507	507	2. A family or household member of the respondent.
508	508	(5) ENFORCEMENT ASSISTANCE. (a) 1. If a temporary restraining order is issued
509	509	under sub. (2t) or an injunction is issued, extended, or vacated under sub. (3), the
510	510	clerk of the circuit court shall notify the department of justice of the action and shall
511	511	provide the department of justice with information concerning the period during
512	512	which the order or injunction is in effect or the date on which the injunction is vacated
513	513	and with information necessary to identify the respondent for purposes of
514	514	responding to a request under s. 165.63 or for purposes of a firearms restrictions
515	515	record search under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).
516	516	2. Except as provided in subd. 3., the department of justice may disclose
517	517	information that it receives under subd. 1. only to respond to a request under s.
518	518	165.63 or as part of a firearms restrictions record search under s. 175.35 (2g) (c) or
519	519	a background check under s. 175.60 (9g) (a).
520	520	3. The department of justice shall disclose any information that it receives
521	521	under subd. 1. to a law enforcement agency when the information is needed for law
522	522	enforcement purposes.
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547	547	CMH:cjs
548	548	SECTION 9 SENATE BILL 352
549	549	(b) Within one business day after a temporary restraining order is issued under
550	550	sub. (2t) or an injunction is issued, extended, or vacated under sub. (3), the clerk of
551	551	the circuit court shall send a copy of the temporary restraining order, of the
552	552	injunction, or of the order extending or vacating an injunction, to the sheriff or to any
553	553	other local law enforcement agency that is the central repository for injunctions and
554	554	that has jurisdiction over the petitioner's premises.
555	555	(c) No later than 24 hours after receiving the information under par. (b), the
556	556	sheriff or other appropriate local law enforcement agency under par. (b) shall enter
557	557	the information concerning a temporary restraining order issued under sub. (2t) or
558	558	concerning an injunction issued, extended, or vacated under sub. (3) into the
559	559	transaction information for management of enforcement system. The sheriff or other
560	560	appropriate local law enforcement agency shall also make available to other law
561	561	enforcement agencies, through a verification system, information on the existence
562	562	and status of any order or injunction issued under this section. The information need
563	563	not be maintained after the order or injunction is no longer in effect.
564	564	(d) 1. The court may schedule a hearing to surrender firearms for any reason
565	565	relevant to the surrender of firearms.
566	566	2. If the respondent does not comply with an order issued at a hearing to
567	567	surrender firearms, or a law enforcement officer has probable cause to believe that
568	568	the respondent possesses a firearm, the law enforcement officer shall request a
569	569	search warrant to seize the firearms and may use information contained in the
570	570	petition to establish probable cause.
571	571	(6) PENALTY FOR FALSE SWEARING. Whoever files a petition under this section
572	572	knowing the information in the petition to be false is subject to the penalty for false
573	573	swearing under s. 946.32 (1).
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599	599	LRB-3541/1
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601	601	SECTION 9
602	602	SENATE BILL 352
603	603	(7) RETURN OF FIREARMS AND FORM. (a) A firearm surrendered under this section
604	604	may not be returned to the respondent until the respondent completes a petition for
605	605	the return of firearms under par. (c) and a judge or circuit court commissioner
606	606	determines all of the following:
607	607	1. If a temporary restraining order was issued, that the temporary restraining
608	608	order has expired and no injunction has been issued.
609	609	2. If an injunction was issued, that the injunction has been vacated or has
610	610	expired and not been extended.
611	611	3. That the person is not prohibited from possessing a firearm under any state
612	612	or federal law or by the order of any federal court or state court, other than an order
613	613	from which the judge or circuit court commissioner is competent to grant relief. The
614	614	judge or commissioner shall use the information provided under s. 165.63 to aid in
615	615	making the determination under this subdivision.
616	616	(b) If a respondent surrenders under this section a firearm that is owned by a
617	617	person other than the respondent, the person who owns the firearm may apply for
618	618	its return to the circuit court for the county in which the person to whom the firearm
619	619	was surrendered is located. The court shall order such notice as it considers
620	620	adequate to be given to all persons who have or may have an interest in the firearm
621	621	and shall hold a hearing to hear all claims to its true ownership. If the right to
622	622	possession is proved to the court's satisfaction, it shall order the firearm returned.
623	623	If the court returns a firearm under this paragraph, the court shall inform the person
624	624	to whom the firearm is returned of the requirements and penalties under s. 941.2905.
625	625	(c) The director of state courts shall develop a petition for the return of firearms
626	626	form that is substantially the same as the form under s. 813.1285 (5) (b).
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651	651	CMH:cjs
652	652	SECTION 9 SENATE BILL 352
653	653	(8) NOTICE OF FULL FAITH AND CREDIT. A temporary restraining order issued
654	654	under sub. (2t) and an injunction issued under sub. (3) shall include a statement that
655	655	the order or injunction may be accorded full faith and credit in every civil or criminal
656	656	court of the United States, civil or criminal courts of any other state, and Indian
657	657	tribal courts to the extent that such courts may have personal jurisdiction over
658	658	nontribal members.
659	659	SECTION 10. 813.126 (1) of the statutes is amended to read:
660	660	813.126 (1) TIME LIMITS FOR DE NOVO HEARING. If a party seeks to have the judge
661	661	conduct a hearing de novo under s. 757.69 (8) of a determination, order, or ruling
662	662	entered by a court commissioner in an action under s. 813.12, 813.122, 813.123,
663	663	813.124, or 813.125, including a denial of a request for a temporary restraining order,
664	664	the motion requesting the hearing must be filed with the court within 30 days after
665	665	the circuit court commissioner issued the determination, order, or ruling. The court
666	666	shall hold the de novo hearing within 30 days after the motion requesting the hearing
667	667	is filed with the court unless the court finds good cause for an extension. Any
668	668	determination, order, or ruling entered by a court commissioner in an action under
669	669	s. 813.12, 813.122, 813.123, 813.124, or 813.125 remains in effect until the judge in
670	670	the de novo hearing issues his or her final determination, order, or ruling.
671	671	SECTION 11. 813.127 of the statutes is amended to read:
672	672	813.127 Combined actions; domestic abuse, child abuse, extreme risk
673	673	protection, and harassment. A petitioner may combine in one action 2 or more
674	674	petitions under one or more of the provisions in ss. 813.12, 813.122, 813.124, and
675	675	813.125 if the respondent is the same person in each petition. In any such action,
676	676	there is only one fee applicable under s. 814.61 (1) (a). In any such action, the
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702	702	CMH:cjs
703	703	SECTION 11
704	704	SENATE BILL 352
705	705	hearings for different types of temporary restraining orders or injunctions may be
706	706	combined.
707	707	SECTION 12. 813.128 (2g) (b) of the statutes is amended to read:
708	708	813.128 (2g) (b) A foreign protection order or modification of the foreign
709	709	protection order that meets the requirements under this section has the same effect
710	710	as an order issued under s. 813.12, 813.122, 813.123, 813.124, or 813.125, except that
711	711	the foreign protection order or modification shall be enforced according to its own
712	712	terms.
713	713	SECTION 13. 941.29 (1m) (f) of the statutes is amended to read:
714	714	941.29 (1m) (f) The person is subject to an injunction issued under s. 813.12
715	715	or 813.122, a temporary restraining order or an injunction issued under s. 813.124,
716	716	or under a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court
717	717	established by any federally recognized Wisconsin Indian tribe or band, except the
718	718	Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he
719	719	or she is subject to the requirements and penalties under this section and that has
720	720	been filed under s. 813.128 (3g).
721	721	(END)
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