LRB-2415/1
PJH:bjk:jf
2009 - 2010 LEGISLATURE
April 24, 2009 - Introduced by Senators Carpenter, Vinehout, Olsen, Kreitlow
and Darling, cosponsored by Representatives Zipperer, Suder, Pasch, Roys,
Kerkman, Turner, Cullen, Lothian, Gundrum, Kleefisch, Kramer, Brooks,
Ripp, Van Roy, LeMahieu, Ballweg, Barca, Berceau, Bies, Dexter, Fields,
Gunderson, Hilgenberg, Honadel, Huebsch, Kaufert, Knodl, Meyer,
Milroy, Molepske Jr., Montgomery, Mursau, Murtha, Nerison, Newcomer,
Nygren, A. Ott, J. Ott, Petersen, Petrowski, Pridemore, Roth, Schneider,
Spanbauer, Stone, Strachota, Vos, Vruwink, Vukmir, Wood and Ziegelbauer.
Referred to Committee on Judiciary, Corrections, Insurance, Campaign
Finance Reform, and Housing.
SB178,1,8
1An Act to renumber 813.122 (11), 813.123 (10), 813.125 (7) and 813.128 (2);
to
2amend 16.705 (1n), 16.71 (5m), 20.410 (1) (gk) (title), 946.465, 971.37 (1m) (c)
31. (intro.), 971.37 (1m) (c) 2., 973.075 (1) (b) 1m. f. and 973.075 (1) (bm); and
to
4create 20.410 (1) (gL), 301.49, 813.12 (8) (c), 813.122 (11) (b), 813.123 (10) (b),
5813.125 (7) (b), 813.128 (2) (b), 814.75 (8m), 969.02 (3) (e) and 973.057 of the
6statutes;
relating to: requiring persons who violate certain restraining orders
7or injunctions to be monitored by a global positioning system, making an
8appropriation, and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, an individual who is, or who acts on behalf of, a victim of
abuse, harassment, or threats may obtain a temporary restraining order against the
person who has committed the acts of abuse, harassment, or making a threat. The
restraining order bars the person from contacting the victim and requires the person
to stay away from the victim's residence and other places temporarily occupied by the
victim until a court conducts a hearing to determine whether the restraining order
should be incorporated into a longer lasting injunction.
If the court determines that the person has engaged in, or may engage in, acts
of abuse, harassment, or threats against the victim, the court may issue an
injunction against the person. An injunction may stay in effect for up to four years
and bars the person from contacting the victim, requires the person to stay away from
the victim's residence, and may require the person to stay away from other locations
temporarily occupied by the victim.
A person who violates a restraining order or an injunction may be fined up to
$1,000 and imprisoned for up to nine months, except that a person who violates a
restraining order or injunction that was issued only for harassment faces the same
fine but may be imprisoned for up to 90 days.
This bill allows a court to order a person who is convicted of violating a
restraining order or an injunction to submit, for the duration of the restraining order
or injunction, to global positioning system (GPS) tracking by the Department of
Corrections (DOC). The bill also allows a court to order, as a condition of release, a
person who is charged with violating a restraining order or an injunction to submit
to GPS tracking. The bill requires the court to consider a request for GPS tracking
by a district attorney or by the individual who asked for the restraining order.
Under the bill, DOC must monitor the person's whereabouts with a GPS device
and, if the person enters into an area that he or she is required to avoid under the
terms of the restraining order or injunction, DOC must immediately notify local law
enforcement and the victim. Under the bill, everyone who violates a restraining
order is required to pay a $200 surcharge in addition to his or her fine that will be
used toward the costs of GPS tracking. The bill makes it a Class I felony, punishable
by a fine up to $10,000, imprisonment for up to three years and six months, or both,
for a person to tamper with the GPS device.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report concerning the proposed penalty and the costs or savings that are likely to
result if the bill is enacted.
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:
SB178, s. 1
1Section
1. 16.705 (1n) of the statutes is amended to read:
SB178,2,42
16.705
(1n) Subsection (1) does not apply to a contract entered into by the
3department of corrections for global positioning system tracking services under s.
4301.48 (3)
or 301.49.
SB178, s. 2
5Section
2. 16.71 (5m) of the statutes is amended to read:
SB178,3,3
116.71
(5m) The department shall delegate authority to the department of
2corrections to enter into contracts for global positioning system tracking services
3under
s. ss. 301.48 (3)
and 301.49.
SB178, s. 3
4Section
3. 20.410 (1) (gk) (title) of the statutes is amended to read:
SB178,3,65
20.410
(1) (gk) (title)
Global positioning system tracking devices for certain sex
6offenders.
SB178, s. 4
7Section
4. 20.410 (1) (gL) of the statutes is created to read:
SB178,3,118
20.410
(1) (gL)
Global positioning system tracking devices for certain violators
9of restraining orders. All moneys received from the domestic violence surcharge on
10court fines, as authorized under s. 971.37 (1m) (c) 1. or 973.057, for expenditures
11related to the global positioning system tracking program under s. 301.49.
SB178, s. 5
12Section
5. 301.49 of the statutes is created to read:
SB178,3,14
13301.49 Global positioning system tracking for persons who violate
14certain orders or injunctions. (1) Definitions. In this section:
SB178,3,1715
(a) "Exclusion zone" means a zone in which a person who is tracked using a
16global positioning system tracking device is prohibited from entering except for
17purposes of traveling through it to get to another destination.
SB178,3,2118
(b) "Global positioning system tracking" means tracking using a system that
19actively monitors and identifies a person's location and timely reports or records the
20person's presence in an exclusion zone. "Global positioning system tracking"
21includes comparable technology.
SB178,3,2322
(c) "Petitioner" means the person who petitioned for the restraining order or
23injunction that was issued under ss. 813.12 to 813.125 or enforced under s. 813.128.
SB178,3,2524
(d) "Restraining order or injunction" means an order or an injunction issued
25pursuant to ss. 813.12 to 813.125 or enforced under s. 813.128.
SB178,4,7
1(2) Who is covered; duration of coverage. (a) The department shall maintain
2global positioning system tracking of a person who is ordered by a court to submit
3to monitoring under s. 813.12 (8) (c), 813.122 (11) (b), 813.123 (10) (b), 813.125 (7) (b),
4813.128 (2) (b), or 969.02 (3) (e), for the duration of the restraining order or
5injunction. If a restraining order or injunction is extended beyond its original
6expiration date, the department shall maintain global positioning system tracking
7of the person for the duration of the extended restraining order or injunction.
SB178,4,108
(b) The department shall maintain global positioning system tracking of a
9person who is subject to global positioning system tracking as a condition of release
10under s. 969.02 (3) (e) for as long as the court orders under that paragraph.
SB178,4,14
11(3) Functions and operation of tracking program. (a) The department shall
12implement a continuous global positioning tracking system to electronically monitor
13the whereabouts of persons who are subject to this section. The system shall do all
14of the following:
SB178,4,1915
1. Use field monitoring equipment that supports cellular communications with
16as large a coverage area as possible and shall automatically provide instantaneous
17information regarding the whereabouts of a person who is being monitored,
18including information regarding the person's presence in an exclusion zone
19established under par. (c).
SB178,4,2220
2. Use land line communications equipment to transmit information regarding
21the location of persons who are subject to this section when they are in areas in which
22no commercial cellular service is available.
SB178,5,223
3. Immediately alert the department and the local law enforcement agency
24having jurisdiction over the exclusion zone if the person stays in any exclusion zone
1for any longer period than the time needed to travel through the zone to get to
2another destination.
SB178,5,53
4. Immediately alert the petitioner if the person stays in any exclusion zone for
4any longer period than the time needed to travel through the zone to get to another
5destination.
SB178,5,96
(b) The department shall contract with a vendor using a competitive process
7as described under s. 16.75 to provide staff in this state to install, remove, and
8maintain equipment related to global positioning system tracking for purposes of
9this section. The term of the contract may not exceed 3 years.
SB178,5,1510
(c) For each person who is subject to global positioning system tracking under
11this section, the department shall create an individualized exclusion zone for the
12person, if necessary to protect public safety. In creating an exclusion zone, the
13department shall include any location that the person is ordered to avoid or enjoined
14from entering under the restraining order or injunction that the person violated or
15is alleged to have violated.
SB178,5,20
16(4) Termination if person moves out of state. Notwithstanding sub. (2), if a
17person who is subject to being tracked under this section moves out of state, the
18department shall terminate the person's tracking. If the person returns to the state
19during the duration of the restraining order or injunction, the department shall
20reinstate the person's tracking.
SB178, s. 6
21Section
6. 813.12 (8) (c) of the statutes is created to read:
SB178,5,2522
813.12
(8) (c) If a person knowingly violates a temporary restraining order or
23injunction issued under this section, the court may report the violation to the
24department of corrections immediately upon the person's conviction and may order
25the person to submit to global position system tracking under s. 301.49.
SB178, s. 7
1Section
7. 813.122 (11) of the statutes is renumbered 813.122 (11) (a).
SB178, s. 8
2Section
8. 813.122 (11) (b) of the statutes is created to read:
SB178,6,63
813.122
(11) (b) If a person knowingly violates a temporary restraining order
4or injunction issued under this section, the court may report the violation to the
5department of corrections immediately upon the person's conviction and may order
6the person to submit to global position system tracking under s. 301.49.
SB178, s. 9
7Section
9. 813.123 (10) of the statutes is renumbered 813.123 (10) (a).
SB178, s. 10
8Section
10. 813.123 (10) (b) of the statutes is created to read:
SB178,6,129
813.123
(10) (b) If a person knowingly violates a temporary restraining order
10or injunction issued under this section, the court may report the violation to the
11department of corrections immediately upon the person's conviction and may order
12the person to submit to global position system tracking under s. 301.49.
SB178, s. 11
13Section
11. 813.125 (7) of the statutes is renumbered 813.125 (7) (a).
SB178, s. 12
14Section
12. 813.125 (7) (b) of the statutes is created to read:
