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Bills · 2015-2016 Regular Session

SB 9

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 Court — Procedure Interstate relations Women Women_owned enterprise

  1. Introduced, stopped here
  2. Passes Senate, not reached
  3. Passes Assembly, 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 the circumstances in which 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. An act or threat that occurred outside this state is part of an ongoing pattern

of harassment that has an adverse effect on the petitioner or a member of the

petitioner's family or household if, while the petitioner or a member of the

petitioner's family or household resides in this state, the respondent communicated

with the petitioner or his or her family or indicated a threat to the petitioner or to

a member of his or her family or household.

2. The petitioner or a member of the petitioner's family or household has sought

safety or protection in this state as a result of the respondent's actions or threats if,

while the petitioner or a member of the petitioner's family or household resides in

this state, the respondent communicated with the petitioner or his or her family or

indicated a threat to the petitioner, or a member of his or her family or household.

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: Erpenbach (D) , Gudex (R) , Harsdorf (R) , L. Taylor (D) , Marklein (R) , Moulton (R) , Nass (R) , Olsen (R) , Petrowski (R) , Vinehout (D) , Wanggaard (R)

40 cosponsors

Ballweg (R) , Bernier (R) , Billings (D) , Born (R) , Bowen (D) , Czaja (R) , Doyle (D) , E. Brooks (R) , Hintz (D) , Hutton (R) , Jacque (R) , Jagler (R) , Johnson (D) , Kahl (D) , Kerkman (R) , Kleefisch (R) , Kremer (R) , Loudenbeck (R) , Murphy (R) , Mursau (R) , Neylon (R) , Ohnstad (D) , Petersen (R) , Ripp (R) , Rodriguez (R) , Rohrkaste (R) , Sargent (D) , Sinicki (D) , Spiros (R) , Spreitzer (D) , Steffen (R) , Steineke (R) , Subeck (D) , Swearingen (R) , T. Larson (R) , Thiesfeldt (R) , Tittl (R) , Tranel (R) , Weatherston (R) , Zamarripa (D)

Full history

  1. Jan 23, 2015 · Senate

    Introduced by Senators Wanggaard, Harsdorf, Petrowski, Erpenbach, Gudex, Marklein, Moulton, Nass, Olsen, Vinehout and L. Taylor; cosponsored by Representatives Loudenbeck, Jacque, Ballweg, Billings, Born, Czaja, Doyle, Hintz, Hutton, Jagler, Johnson, Kahl, Kerkman, Kleefisch, Kremer, Murphy, Mursau, Neylon, Ohnstad, Petersen, Ripp, Rodriguez, Rohrkaste, Sargent, Spreitzer, Spiros, Steffen, Subeck, Thiesfeldt, Tittl, Weatherston, Bernier, Bowen, E. Brooks, T. Larson, Sinicki, Steineke, Swearingen, Tranel and Zamarripa

  2. Jan 23, 2015 · Senate

    Read first time and referred to Committee on Judiciary and Public Safety

  3. Feb 11, 2015 · Senate

    Public hearing held

  4. Feb 11, 2015 · Senate

    Fiscal estimate received

  5. Mar 13, 2015 · Senate

    LRB correction

  6. Apr 13, 2016 · Senate

    Failed to pass pursuant to Senate Joint Resolution 1