LRB-2652/2
RPN:kjf:pg
2005 - 2006 LEGISLATURE
August 30, 2005 - Introduced by Representatives Suder, Hundertmark, Bies, Vos,
Musser, Albers, Hahn, Berceau, Fields, Shilling, Van Roy, Vruwink, Owens,
Hines and Kreibich, cosponsored by Senators Roessler and A. Lasee.
Referred to Committee on Criminal Justice and Homeland Security.
AB636,1,4
1An Act to amend 813.125 (3) (a) 2., 813.125 (3) (c), 813.125 (4) (a) 3., 813.125 (4)
2(c), 813.125 (5) (a) 3., 814.61 (1) (d) and 814.61 (1) (e); and
to create 813.125 (1)
3(c) and 813.125 (1) (d) of the statutes;
relating to: harassment restraining
4orders.
Analysis by the Legislative Reference Bureau
Currently, the definition of "harassment" in criminal law and related to
allowing a person to seek a harassment injunction are the same: subjecting a person
to unwanted physical contact or committing acts that harass or intimidate another
while serving no legitimate purpose. This bill expands the definition related to
seeking an injunction to include acts that would constitute sexual assault, abuse, or
stalking.
Under current law, in actions to obtain a restraining order and injunction
against harassment, the judge is required to hold the hearing on the request for an
injunction within seven days after the temporary restraining order is issued unless
the time is extended with consent of the parties or extended for an additional seven
days upon a finding that the person who is the subject of the restraining order has
not been served with a copy of the restraining order although the petitioner has
exercised due diligence in attempting to serve the order.
This bill changes those seven-day periods to 14 days.
Currently, most persons who commence a civil action pay a filing fee of $75.
However, if an action is commenced seeking a domestic abuse injunction, the fee is
not collected from the petitioner. Instead, the fee is collected from the respondent if
he or she is convicted of violating a domestic abuse injunction or temporary
restraining order. If an action is commenced seeking a child abuse injunction, a
vulnerable adult injunction, or a harassment injunction, the fee is not collected from
the petitioner if the petition alleges that the respondent has committed certain acts,
including intentional infliction of person injury to the petitioner, sexual assault, or
stalking. In those cases, the fee is collected from the respondent if he or she is
convicted of violating the injunction or temporary restraining order.
Under this bill, if an action is commenced seeking a child abuse injunction or
a vulnerable adult injunction, the fee is not collected from the petitioner. Instead,
the fee is collected from the respondent if he or she is convicted of violating a domestic
abuse injunction or temporary restraining order. No change is made regarding the
fees when petitioning for a harassment injunction.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB636, s. 1
1Section
1. 813.125 (1) (a) of the statutes is amended to read:
AB636,2,52
813.125
(1) (a) Striking, shoving, kicking or otherwise subjecting another
3person to physical contact
; engaging in an act that would constitute abuse under s.
448.02 (1), sexual assault under s. 940.225, or stalking under s. 940.32; or attempting
5or threatening to do the same.
AB636, s. 2
6Section
2. 813.125 (3) (a) 2. of the statutes is amended to read:
AB636,2,97
813.125
(3) (a) 2. The judge or circuit court commissioner finds reasonable
8grounds to believe that the respondent has
violated s. 947.013 engaged in
9harassment with intent to harass or intimidate the petitioner.
AB636, s. 3
10Section
3. 813.125 (3) (c) of the statutes is amended to read:
AB636,3,311
813.125
(3) (c) The temporary restraining order is in effect until a hearing is
12held on issuance of an injunction under sub. (4). A judge or circuit court
13commissioner shall hold a hearing on issuance of an injunction within
7 14 days after
14the temporary restraining order is issued, unless the time is extended upon the
1written consent of the parties or extended once for
7 14 days upon a finding that the
2respondent has not been served with a copy of the temporary restraining order
3although the petitioner has exercised due diligence.
AB636, s. 4
4Section
4. 813.125 (4) (a) 3. of the statutes is amended to read:
AB636,3,75
813.125
(4) (a) 3. After hearing, the judge or circuit court commissioner finds
6reasonable grounds to believe that the respondent has
violated s. 947.013 engaged
7in harassment with intent to harass or intimidate the petitioner.
AB636, s. 5
8Section
5. 813.125 (4) (c) of the statutes is amended to read:
AB636,3,109
813.125
(4) (c) An injunction under this subsection is effective according to its
10terms, but for not more than
2 4 years.
AB636, s. 6
11Section
6. 813.125 (5) (a) 3. of the statutes is amended to read:
AB636,3,1312
813.125
(5) (a) 3. That the respondent has
violated s. 947.013 engaged in
13harassment with intent to harass or intimidate the petitioner.
AB636, s. 7
14Section
7. 814.61 (1) (d) of the statutes is amended to read:
AB636,3,2115
814.61
(1) (d) No fee charged under this subsection in any action commenced
16under s. 813.12
, 813.122, or 813.123 may be collected from a petitioner under s.
17813.12
, 813.122, or 813.123. The fee charged under this subsection for petitions filed
18and granted under s. 813.12
, 813.122, or 813.123 shall be collected from the
19respondent under s. 813.12
, 813.122, or 813.123 if he or she is convicted of violating
20a temporary restraining order or injunction issued under s. 813.12 (3) or (4)
, 813.122
21(4) or (5), or 813.123 (4) or (5).
AB636, s. 8
22Section
8. 814.61 (1) (e) of the statutes is amended to read:
AB636,4,623
814.61
(1) (e) No fee charged under this subsection in any action commenced
24under s.
813.122, 813.123, or 813.125 may be collected from a petitioner under s.
25813.122, 813.123, or 813.125 if the petition alleges conduct that is the same as or
1similar to conduct that is prohibited by s. 940.32 or that is listed in s. 813.12 (1) (am)
21. to 6. If no fee is collected under this paragraph, the fee charged under this
3subsection for petitions filed and granted under s.
813.122, 813.123, or 813.125 shall
4be collected from the respondent under s.
813.122, 813.123, or 813.125 if he or she
5is convicted of violating a temporary restraining order or injunction issued under s.
6813.122 (4) or (5), 813.123 (4) or (5), or 813.125 (3) or (4).
