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Bills · 2013-2014 Regular Session

AB 171

Died at session end Official bill text Atom feed

Relating to: jurisdiction in matters relating to domestic abuse restraining orders and injunctions, child abuse restraining orders and injunctions, and harassment restraining orders and injunctions. (FE)

Children — Abuse and neglect Children — Protection and services Court — Procedure Interstate relations Women

  1. Introduced, stopped here
  2. Passes Assembly, not reached
  3. Passes Senate, not reached
  4. Governor signs, not reached
  5. Law, not reached

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan Legislative Reference Bureau

Under current law, a court may entertain a civil action only when the court has

jurisdiction over the subject matter of the action and over the persons who are served

in the action. Jurisdiction is conferred by the U.S. Constitution, the Wisconsin

Constitution, and by statute.

This bill clarifies when a court has subject matter and personal jurisdiction in

certain actions for restraining orders or injunctions in cases of domestic abuse, child

abuse, or harassment. Under the bill, a court has jurisdiction of the subject matter

to entertain those actions regardless of whether the alleged abuse or harassment

occurred within the state. Under the bill, a court has personal jurisdiction over a

person who is in another state if any of the following applies:

1. The abuse or harassment alleged in the action could have an effect in

Wisconsin.

2. The petitioner or alleged child victim resides or is living temporarily in

Wisconsin.

3. Jurisdiction is otherwise permissible under the constitution of the United

States or of the state of Wisconsin.

If a court has personal jurisdiction on any of the listed grounds and a

respondent has been served but does not appear or file a response or motion asserting

the defense of lack of personal jurisdiction, the bill requires the court to hear the

action.

What it would cost

Fiscal estimates filed by state agencies, as official PDFs

Sponsors

Introduced by: A. Ott (R) , Ballweg (R) , Berceau (D) , Bernard Schaber (D) , Bies (R) , Billings (D) , Born (R) , Brooks (R) , Endsley (R) , Hebl (D) , Hintz (D) , Jacque (R) , Kerkman (R) , Kleefisch (R) , Loudenbeck (R) , Marklein (R) , Murphy (R) , Mursau (R) , Ohnstad (D) , Pridemore (R) , Richards (D) , Ripp (R) , Schraa (R) , Steineke (R) , Strachota (R) , Swearingen (R) , T. Larson (R) , Tittl (R) , Wright (D)

14 cosponsors

Carpenter (D) , Gudex (R) , Hansen (D) , Harsdorf (R) , Jauch (D) , Kedzie (R) , Kolste (D) , Lassa (D) , Lehman (D) , Moulton (R) , Olsen (R) , Petrowski (R) , Risser (D) , Shilling (D)

Votes

Assembly: Report Assembly Amendment 1 adoption recommended by Committee on Criminal Justice, Ayes 6, Noes 0

Passed 6–0 Dec 20, 2013 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Assembly: Report passage as amended recommended by Committee on Criminal Justice, Ayes 6, Noes 0

Passed 6–0 Dec 20, 2013 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Full history

  1. Apr 25, 2013 · Assembly

    Introduced by Representatives Loudenbeck, Ballweg, Berceau, Bernard Schaber, Bies, Billings, Born, Brooks, Endsley, Jacque, Hebl, Kerkman, Kleefisch, T. Larson, Marklein, Murphy, Mursau, Ohnstad, A. Ott, Pridemore, Richards, Ripp, Schraa, Steineke, Strachota, Tittl, Wright, Hintz and Swearingen; cosponsored by Senators Harsdorf, Kedzie, Carpenter, Gudex, Hansen, Jauch, Lassa, Lehman, Moulton, Olsen, Petrowski, Risser and Shilling

  2. Apr 25, 2013 · Assembly

    Read first time and referred to Committee on Criminal Justice

  3. Nov 5, 2013 · Assembly

    Assembly Amendment 1 offered by Representative Loudenbeck

  4. Nov 7, 2013 · Assembly

    Public hearing held

  5. Dec 12, 2013 · Assembly

    Executive action taken

  6. Dec 20, 2013 · Assembly

    Report Assembly Amendment 1 adoption recommended by Committee on Criminal Justice, Ayes 6, Noes 0

  7. Dec 20, 2013 · Assembly

    Report passage as amended recommended by Committee on Criminal Justice, Ayes 6, Noes 0

  8. Dec 20, 2013 · Assembly

    Referred to Committee on Rules

  9. Jan 8, 2014 · Assembly

    Placed on calendar 1-14-2014 by Committee on Rules

  10. Jan 10, 2014 · Assembly

    Fiscal estimate received

  11. Jan 10, 2014 · Assembly

    Fiscal estimate received

  12. Jan 14, 2014 · Assembly

    Read a second time

  13. Jan 14, 2014 · Assembly

    Assembly Amendment 1 adopted

  14. Jan 14, 2014 · Assembly

    Ordered to a third reading

  15. Jan 14, 2014 · Assembly

    Rules suspended

  16. Jan 14, 2014 · Assembly

    Read a third time and passed

  17. Jan 14, 2014 · Assembly

    Representative Kolste added as a coauthor

  18. Jan 14, 2014 · Assembly

    Ordered immediately messaged

  19. Jan 15, 2014 · Senate

    Received from Assembly

  20. Jan 15, 2014 · Senate

    Read first time and referred to committee on Senate Organization

  21. Jan 15, 2014 · Senate

    Available for scheduling

  22. Jan 29, 2014 · Senate

    Fiscal estimate received

  23. Apr 8, 2014 · Senate

    Failed to concur in pursuant to Senate Joint Resolution 1