SB442,9,76 813.128 (2g) (a) 3. The order identifies the protected individual and the
7respondent.
SB442,27 8Section 27. 813.128 (2g) (a) 4. of the statutes is created to read:
SB442,9,99 813.128 (2g) (a) 4. The order is currently in effect.
SB442,28 10Section 28. 813.128 (3) of the statutes is renumbered 813.128 (5) and amended
11to read:
SB442,9,1812 813.128 (5) Immunity. A law enforcement officer, law enforcement agency,
13prosecuting attorney, state, local, or Indian tribe or band governmental official, or
14clerk of circuit court is immune from civil and criminal liability for his or her acts or
15omissions arising out of a decision related to the filing of a foreign protection order
16or modification or to the detention or arrest of an alleged violator of a foreign
17protection order or modification if the act or omission is done in a good faith effort
18to comply with this section and s. 806.247, 2011 stats.
SB442,29 19Section 29. 813.128 (3g) (b) 3. of the statutes is created to read:
SB442,9,2320 813.128 (3g) (b) 3. For the purposes of this paragraph, the protection order may
21be inscribed on a tangible medium or may have been stored in an electronic or other
22medium if it is retrievable in perceivable form. Presentation of a certified copy of a
23protection order is not required for enforcement.
SB442,30 24Section 30. 813.128 (3g) (c) to (i) of the statutes are created to read:
SB442,10,3
1813.128 (3g) (c) If a foreign protection order is not presented, a law enforcement
2officer of this state may consider other information in determining whether there is
3probable cause to believe that a valid foreign protection order exists.
SB442,10,94 (d) If a law enforcement officer of this state determines that an otherwise valid
5foreign protection order cannot be enforced because the respondent has not been
6notified or served with the order, the officer shall inform the respondent of the order,
7make a reasonable effort to serve the order upon the respondent, and allow the
8respondent a reasonable opportunity to comply with the order before enforcing the
9order.
SB442,10,1310 (e) A tribunal of this state shall enforce the provisions of a valid foreign
11protection order that govern custody, physical placement, and visitation, if the order
12was issued in accordance with the jurisdictional requirements governing the
13issuance of custody, physical placement, and visitation orders in the issuing state.
SB442,10,1514 (f) A foreign protection order that is valid on its face is prima facie evidence of
15its validity.
SB442,10,1716 (g) Absence of any of the criteria for validity of a foreign protection order is an
17affirmative defense in an action seeking enforcement of the order.
SB442,10,2118 (h) A tribunal of this state may enforce provisions of a foreign mutual protection
19order that favor a respondent only if the respondent filed a written pleading seeking
20a protection order from the tribunal of the issuing state and the tribunal of the
21issuing state made specific findings in favor of the respondent.
SB442,10,2422 (i) A tribunal of this state may not a enforce a foreign protection order issued
23by a tribunal of a state that does not recognize the standing of a protected individual
24to seek enforcement of the order.
SB442,31 25Section 31. 813.128 (6) of the statutes is created to read:
SB442,11,3
1813.128 (6) Other remedies. A protected individual who pursues remedies
2under this section is not precluded from pursuing other legal or equitable remedies
3against the respondent.
SB442,32 4Section 32. 813.128 (7) of the statutes is created to read:
SB442,11,55 813.128 (7) Applicability. This section applies to all of the following:
SB442,11,86 (a) A request made on or after the effective date of this paragraph .... [LRB
7inserts date], for enforcement of a foreign protection order for a violation of the order,
8regardless of when the order was issued or when the violation occurred.
SB442,11,109 (b) A continuing action for enforcement of a foreign protection order, regardless
10of when the order was issued or when the action was commenced.
SB442,33 11Section 33. 940.20 (1m) (a) of the statutes is amended to read:
SB442,11,1512 940.20 (1m) (a) Any person who is subject to an injunction under s. 813.12 or
13a tribal injunction filed under s. 806.247 (3) 813.128 (3g) and who intentionally
14causes bodily harm to the petitioner who sought the injunction by an act done
15without the consent of the petitioner is guilty of a Class I felony.
SB442,34 16Section 34. 941.29 (1) (f) of the statutes is amended to read:
SB442,11,2217 941.29 (1) (f) Enjoined under an injunction issued under s. 813.12 or 813.122
18or under a tribal injunction, as defined in s. 813.12 (1) (e), issued by a court
19established by any federally recognized Wisconsin Indian tribe or band, except the
20Menominee Indian tribe of Wisconsin, that includes notice to the respondent that he
21or she is subject to the requirements and penalties under this section and that has
22been filed under s. 806.247 (3) 813.128 (3g).
SB442,35 23Section 35. 968.07 (1m) of the statutes is amended to read:
SB442,12,3
1968.07 (1m) Notwithstanding sub. (1), a law enforcement officer shall arrest
2a person when required to do so under s. 813.12 (7), 813.122 (10), 813.125 (6), 813.128
3(1)
(3g) (b), or 968.075 (2) (a) or (5) (e).
SB442,36 4Section 36. 968.075 (2) (am) of the statutes is amended to read:
SB442,12,95 968.075 (2) (am) Notwithstanding s. 968.07 (1), unless the person's arrest is
6required under s. 813.12 (7), 813.122 (10), 813.125 (6), or 813.128 (1) (3g) (b) or sub.
7(5) (e), if a law enforcement officer identifies the predominant aggressor, it is
8generally not appropriate for a law enforcement officer to arrest anyone under par.
9(a) other than the predominant aggressor.
SB442,37 10Section 37. 973.075 (1) (b) 1m. f. of the statutes is amended to read:
SB442,12,1211 973.075 (1) (b) 1m. f. In the commission of a crime under s. 813.12 (8), 813.122
12(11), 813.123 (10), 813.125 (7), 813.128 (2) (4) or 940.32.
SB442,38 13Section 38. 973.075 (1) (bm) of the statutes is amended to read:
SB442,12,2014 973.075 (1) (bm) Any property used in the commission of a crime under s.
15813.12 (8), 813.122 (11), 813.123 (10), 813.125 (7), 813.128 (2) (4) or 940.32, but if the
16property is encumbered by a bonafide perfected security interest that was perfected
17before the date of the commission of the current violation and the holder of the
18security interest neither had knowledge of nor consented to the commission of that
19violation, the holder of the security interest shall be paid from the proceeds of the
20forfeiture.
SB442,12,2121 (End)
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