2021 - 2022 LEGISLATURE
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2021 ASSEMBLY BILL 520
August 31, 2021 - Introduced by Representatives DITTRICH, SKOWRONSKI, MURPHY,
GUNDRUM, CABRAL-GUEVARA, SUBECK, MURSAU, ROZAR, KNODL, HORLACHER,
MOSES, CABRERA, PENTERMAN and THIESFELDT, cosponsored by Senators
PETROWSKI, JACQUE, DARLING and MARKLEIN. Referred to Committee on
Criminal Justice and Public Safety.
1 AN ACT to create 813.12 (4) (d) 1m., 813.122 (5) (dm) 1m., 813.123 (5) (d) 1m. and
2 813.125 (4) (d) 1m. of the statutes; relating to: permanent restraining orders
3 for victims of sexual assault.
Analysis by the Legislative Reference Bureau
Under current law, a restraining order may be issued for an adult for a period
of up to four years, and for a child for a period of up to two years or until the child
attains the age of 18, whichever comes first. Restraining orders may be extended by
up to four years for adults or two years for children, or up to 10 years for adults or
five years for children if the court finds that there is a substantial risk that the person
against whom the order is issued may commit homicide or sexual assault of the
person the order protects. This bill provides that if a person requesting a restraining
order has been the victim of a sexual assault committed by the person against whom
he or she requests a restraining order, the restraining order must be permanent.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
4 SECTION 1. 813.12 (4) (d) 1m. of the statutes is created to read:
5 813.12 (4) (d) 1m. A judge or circuit court commissioner shall order that the
6 injunction is in effect permanently if the court finds by a preponderance of the
 2021 - 2022 Legislature -2- LRB-4275/1
MLJ:cjs&amn
ASSEMBLY BILL 520 SECTION 1
1 evidence stated on the record that the respondent has been convicted of a violation
2 of s. 940.225 (1) to (3) in which the petitioner was the crime victim.
3 SECTION 2. 813.122 (5) (dm) 1m. of the statutes is created to read:
4 813.122 (5) (dm) 1m. A judge or circuit court commissioner shall order that the
5 injunction is in effect permanently if the court finds by a preponderance of the
6 evidence stated on the record that the respondent has been convicted of a violation
7 of s. 948.02 or 948.025 in which the child victim was the crime victim.
8 SECTION 3. 813.123 (5) (d) 1m. of the statutes is created to read:
9 813.123 (5) (d) 1m. A judge or circuit court commissioner shall order that the
10 injunction is in effect permanently if the court finds by a preponderance of the
11 evidence stated on the record that the respondent has been convicted of a violation
12 of s. 940.225 (1) to (3) in which the individual at risk was the crime victim.
13 SECTION 4. 813.125 (4) (d) 1m. of the statutes is created to read:
14 813.125 (4) (d) 1m. A judge or circuit court commissioner shall order that the
15 injunction is in effect permanently if the court finds by a preponderance of the
16 evidence stated on the record that the respondent has been convicted of a violation
17 of s. 940.225 (1) to (3) in which the petitioner was the crime victim.
18 (END)