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SB464,312 19Section 312 . 891.395 of the statutes is amended to read:
SB464,135,5 20891.395 Presumption as to time of conception. In any paternity parentage
21proceeding, in the absence of a valid birth certificate indicating the birth weight, the
22mother person who gave birth to the child shall be competent to testify as to the birth
23weight of the child whose paternity parentage is at issue, and where the child whose
24paternity parentage is at issue weighed 5 1/2 pounds or more at the time of its birth,
25the testimony of the mother person who gave birth to the child as to the weight shall

1be presumptive evidence that the child was a full term child, unless competent
2evidence to the contrary is presented to the court. The conception of the child shall
3be presumed to have occurred within a span of time extending from 240 days to 300
4days before the date of its birth, unless competent evidence to the contrary is
5presented to the court.
SB464,313 6Section 313 . 891.40 of the statutes is amended to read:
SB464,135,22 7891.40 Artificial insemination. (1) If, A person is the natural parent of a
8child conceived by artificial insemination if the artificial insemination is performed

9under the supervision of a licensed physician and with the consent of her husband,
10a wife is inseminated artificially with semen donated by a man not her husband, the
11husband of the mother at the time of the conception of the child shall be the natural
12father of a child conceived. The husband's consent must be in writing and signed by
13him and his wife
if the person who receives the artificial insemination and the spouse
14of that person consent to the artificial insemination in a written document signed by
15both parties
. The physician performing the artificial insemination shall certify their
16both parties' signatures and the date of the insemination, and shall file the husband's
17consent form with the department of health services, where it shall be kept
18confidential and in a sealed file except as provided in s. 46.03 (7) (bm). However, the
19physician's failure to file the consent form does not affect the legal status of father
20parent and child. All papers and records pertaining to the insemination, whether
21part of the permanent record of a court or of a file held by the supervising physician
22or elsewhere, may be inspected only upon an order of the court for good cause shown.
SB464,136,2 23(2) The donor of semen provided to a licensed physician for use in artificial
24insemination of a woman person other than the donor's wife spouse is not the natural

1father parent of a child conceived, bears no liability for the support of the child and
2has no parental rights with regard to the child.
SB464,314 3Section 314 . 891.405 of the statutes is amended to read:
SB464,136,8 4891.405 Presumption of paternity parentage based on
5acknowledgment.
A man person is presumed to be the natural father parent of a
6child if he the person and the mother person who gave birth to the child have
7acknowledged paternity parentage under s. 69.15 (3) (b) 1. or 3. and no other man
8person is presumed to be the father natural parent under s. 891.41 (1).
SB464,315 9Section 315 . 891.407 of the statutes is amended to read:
SB464,136,14 10891.407 Presumption of paternity parentage based on genetic test
11results.
A man person is presumed to be the natural father parent of a child if the
12man person has been conclusively determined from genetic test results to be the
13father parent under s. 767.804 and no other man is presumed to be the father person
14is presumed to be a parent of the child
under s. 891.405 or 891.41 (1).
SB464,316 15Section 316 . 891.41 (title) of the statutes is amended to read:
SB464,136,17 16891.41 (title) Presumption of paternity parentage based on marriage of
17the parties.
SB464,317 18Section 317 . 891.41 (1) (intro.) of the statutes is amended to read:
SB464,136,2019 891.41 (1) (intro.) A man person is presumed to be the natural father parent
20of a child if any of the following applies:
SB464,318 21Section 318 . 891.41 (1) (a) of the statutes is amended to read:
SB464,136,2522 891.41 (1) (a) He The person and the child's natural mother person who gave
23birth to the child
are or have been married to each other and the child is conceived
24or born after marriage and before the granting of a decree of legal separation,
25annulment, or divorce between the parties.
SB464,319
1Section 319. 891.41 (1) (b) of the statutes is renumbered 891.41 (1) (b) (intro.)
2and amended to read:
SB464,137,73 891.41 (1) (b) (intro.) He The person and the child's natural mother person who
4gave birth to the child
were married to each other after the child was born but he the
5person
and the child's natural mother person who gave birth to the child had a
6relationship with one another during the period of time within which the child was
7conceived and no other man all of the following apply:
SB464,137,8 81. No person has been adjudicated to be the father or other parent.
SB464,137,10 92. No other person is presumed to be the father parent of the child under par.
10(a).
SB464,320 11Section 320 . 891.41 (2) of the statutes is amended to read:
SB464,137,1812 891.41 (2) In a legal action or proceeding, a presumption under sub. (1) is
13rebutted by results of a genetic test, as defined in s. 767.001 (1m), that show that a
14man person other than the man person presumed to be the father natural parent
15under sub. (1) is not excluded as the father parent of the child and that the statistical
16probability of the man's person's parentage is 99.0 percent or higher, even if the man
17person presumed to be the father natural parent under sub. (1) is unavailable to
18submit to genetic tests, as defined in s. 767.001 (1m).
SB464,321 19Section 321 . 891.41 (3) of the statutes is created to read:
SB464,137,2120 891.41 (3) This section applies with respect to children born before, on, or after
21the effective date of this subsection .... [LRB inserts date].
SB464,322 22Section 322 . 905.04 (4) (e) 3. of the statutes is amended to read:
SB464,138,523 905.04 (4) (e) 3. There is no privilege in situations where the examination of
24the expectant mother of person pregnant with an abused unborn child creates a
25reasonable ground for an opinion of the physician, registered nurse, chiropractor,

1psychologist, social worker, marriage and family therapist or professional counselor
2that the physical injury inflicted on the unborn child was caused by the habitual lack
3of self-control of the expectant mother of person pregnant with the unborn child in
4the use of alcohol beverages, controlled substances or controlled substance analogs,
5exhibited to a severe degree.
SB464,323 6Section 323 . 905.05 (title) of the statutes is amended to read:
SB464,138,7 7905.05 (title) Husband-wife Spousal and domestic partner privilege.
SB464,324 8Section 324. 938.02 (5s) of the statutes is created to read:
SB464,138,99 938.02 (5s) “Expectant parent” means a person who is pregnant.
SB464,325 10Section 325 . 938.02 (13) of the statutes is amended to read:
SB464,139,511 938.02 (13) “Parent" means a biological natural parent, a husband who has
12consented to the artificial insemination of his wife under s. 891.40,
or a parent by
13adoption. If the juvenile is a nonmarital child who is not adopted or whose parents
14do not subsequently intermarry under s. 767.803, “parent" includes a person
15conclusively determined from genetic test results to be the father parent under s.
16767.804 or a person acknowledged under s. 767.805 or a substantially similar law of
17another state or adjudicated to be the biological father natural parent. “Parent" does
18not include any person whose parental rights have been terminated. For purposes
19of the application of s. 938.028 and the federal Indian Child Welfare Act, 25 USC
201901
to 1963, “parent" means a biological natural parent of an Indian child, an Indian
21husband spouse who has consented to the artificial insemination of his wife or her
22spouse
under s. 891.40, or an Indian person who has lawfully adopted an Indian
23juvenile, including an adoption under tribal law or custom, and includes, in the case
24of a nonmarital Indian child who is not adopted or whose parents do not subsequently
25intermarry under s. 767.803, a person conclusively determined from genetic test

1results to be the father parent under s. 767.804, a person acknowledged under s.
2767.805, a substantially similar law of another state, or tribal law or custom to be the
3biological father natural parent, or a person adjudicated to be the biological father
4natural parent, but does not include any person whose parental rights have been
5terminated.
SB464,326 6Section 326. 938.27 (3) (b) of the statutes is amended to read:
SB464,139,117 938.27 (3) (b) 1. Except as provided in subd. 2., if the petition that was filed
8relates to facts concerning a situation under s. 938.13 and if the juvenile is a
9nonmarital child who is not adopted or whose parents do not subsequently
10intermarry as provided under s. 767.803 and if paternity parentage has not been
11established, the court shall notify, under s. 938.273, all of the following persons:
SB464,139,1312 a. A person who has filed a declaration of paternal parental interest under s.
1348.025.
SB464,139,1614 b. A person alleged to the court to be the father parent of the juvenile or who
15may, based on the statements of the mother person who gave birth to the child or
16other information presented to the court, be the father parent of the juvenile.
SB464,139,2117 2. A court is not required to provide notice, under subd. 1., to any person who
18may be the father parent of a juvenile conceived as a result of a sexual assault if a
19physician attests to his or her belief that there was a sexual assault of the juvenile's
20mother
person who gave birth to the juvenile that may have resulted in the juvenile's
21conception.
SB464,327 22Section 327 . 938.27 (5) of the statutes is amended to read:
SB464,140,423 938.27 (5) Notice to biological fathers parents. Subject to sub. (3) (b), the
24court shall make reasonable efforts to identify and notify any person who has filed
25a declaration of paternal parental interest under s. 48.025, any person conclusively

1determined from genetic test results to be the father parent under s. 767.804 (1), any
2person who has acknowledged paternity parentage of the child under s. 767.805 (1),
3and any person who has been adjudged to be the father parent of the juvenile in a
4judicial proceeding unless the person's parental rights have been terminated.
SB464,328 5Section 328 . 938.299 (6) (intro.) of the statutes is amended to read:
SB464,140,106 938.299 (6) Establishment of paternity when man alleges paternity
7parentage. (intro.) If a man person who has been given notice under s. 938.27 (3)
8(b) 1. appears at any hearing for which he the person received the notice, alleges that
9he is the father
to be the parent of the juvenile , and states that he wishes requests
10to establish the paternity parentage of the juvenile, all of the following apply:
SB464,329 11Section 329 . 938.299 (6) (e) 1., 2., 3. and 4. of the statutes are amended to read:
SB464,140,1612 938.299 (6) (e) 1. In this paragraph, “genetic test" means a test that examines
13genetic markers present on blood cells, skin cells, tissue cells, bodily fluid cells or
14cells of another body material for the purpose of determining the statistical
15probability that a man person who is alleged to be a juvenile's father parent is the
16juvenile's biological father parent.
SB464,140,1917 2. The court shall, at the hearing, orally inform any man person specified in
18sub. (6) (intro.) that he the person may be required to pay for any testing ordered by
19the court under this paragraph or under s. 885.23.
SB464,141,720 3. In addition to ordering testing as provided under s. 885.23, if the court
21determines that it would be in the best interests of the juvenile, the court may order
22any man person specified in sub. (6) (intro.) to submit to one or more genetic tests
23which shall be performed by an expert qualified as an examiner of genetic markers
24present on the cells and of the specific body material to be used for the tests, as
25appointed by the court. A report completed and certified by the court-appointed

1expert stating genetic test results and the statistical probability that the man alleged
2to be the juvenile's father parent is the juvenile's biological father parent based upon
3the genetic tests is admissible as evidence without expert testimony and may be
4entered into the record at any hearing. The court, upon request by a party, may order
5that independent tests be performed by other experts qualified as examiners of
6genetic markers present on the cells of the specific body materials to be used for the
7tests.
SB464,141,128 4. If the genetic tests show that an alleged father parent is not excluded and
9that the statistical probability that the alleged father parent is the juvenile's
10biological father parent is 99.0 percent or higher, the court may determine that for
11purposes of a proceeding under this chapter or ch. 48, other than a proceeding under
12subch. VIII of ch. 48, the man alleged parent is the juvenile's biological parent.
SB464,330 13Section 330 . 938.299 (7) and (8) of the statutes are amended to read:
SB464,141,2214 938.299 (7) Establishment of paternity parentage when no man person
15alleges
paternity parentage. If a man person who has been given notice under s.
16938.27 (3) (b) 1. appears at any hearing for which he the person received the notice
17but does not allege that he is the father to be the parent of the juvenile and state that
18he
wishes to establish the paternity parentage of the juvenile or if no man person to
19whom such notice was given appears at a hearing, the court may refer the matter to
20the state or to the attorney responsible for support enforcement under s. 59.53 (6) (a)
21for a determination, under s. 767.80, of whether an action should be brought for the
22purpose of determining the paternity parentage of the juvenile.
SB464,142,3 23(8) Testimony of juvenile's mother person who gave birth to a juvenile
24relating to
paternity parentage. As part of the proceedings under this chapter, the
25court may order that a record be made of any testimony of the juvenile's mother

1person who gave birth to the juvenile relating to the juvenile's paternity parentage.
2A record made under this subsection is admissible in a proceeding to determine the
3juvenile's paternity parentage under subch. IX of ch. 767.
SB464,331 4Section 331 . 938.355 (4g) (a) 1. of the statutes is amended to read:
SB464,142,115 938.355 (4g) (a) 1. The juvenile's parents are parties to a pending action for
6divorce, annulment, or legal separation, a man person determined under s. 938.299
7(6) (e) 4. to be the biological father parent of the juvenile for purposes of a proceeding
8under this chapter is a party to a pending action to determine paternity parentage
9of the juvenile under ch. 767, or the juvenile is the subject of a pending independent
10action under s. 767.41 or 767.43 to determine legal custody of the juvenile or
11visitation rights with respect to the juvenile.
SB464,332 12Section 332. 939.24 (1) of the statutes is amended to read:
SB464,142,1913 939.24 (1) In this section, “criminal recklessness" means that the actor creates
14an unreasonable and substantial risk of death or great bodily harm to another
15human being and the actor is aware of that risk, except that for purposes of ss. 940.02
16(1m), 940.06 (2) and 940.23 (1) (b) and (2) (b), “criminal recklessness" means that the
17actor creates an unreasonable and substantial risk of death or great bodily harm to
18an unborn child, to the woman person who is pregnant with that unborn child, or to
19another and the actor is aware of that risk.
SB464,333 20Section 333. 939.25 (1) of the statutes is amended to read:
SB464,143,321 939.25 (1) In this section, “criminal negligence" means ordinary negligence to
22a high degree, consisting of conduct that the actor should realize creates a
23substantial and unreasonable risk of death or great bodily harm to another, except
24that for purposes of ss. 940.08 (2), 940.10 (2) and 940.24 (2), “criminal negligence"
25means ordinary negligence to a high degree, consisting of conduct that the actor

1should realize creates a substantial and unreasonable risk of death or great bodily
2harm to an unborn child, to the woman person who is pregnant with that unborn
3child, or to another.
SB464,334 4Section 334. 940.01 (1) (b) of the statutes is amended to read:
SB464,143,75 940.01 (1) (b) Except as provided in sub. (2), whoever causes the death of an
6unborn child with intent to kill that unborn child, kill the woman person who is
7pregnant with that unborn child, or kill another is guilty of a Class A felony.
SB464,335 8Section 335. 940.02 (1m) of the statutes is amended to read:
SB464,143,129 940.02 (1m) Whoever recklessly causes the death of an unborn child under
10circumstances that show utter disregard for the life of that unborn child, the woman
11person who is pregnant with that unborn child , or another is guilty of a Class B
12felony.
SB464,336 13Section 336 . 940.05 (2g) (intro.) of the statutes is amended to read:
SB464,143,1614 940.05 (2g) (intro.) Whoever causes the death of an unborn child with intent
15to kill that unborn child, kill the woman person who is pregnant with that unborn
16child or kill another is guilty of a Class B felony if:
SB464,337 17Section 337. 940.05 (2h) of the statutes is amended to read:
SB464,143,2018 940.05 (2h) In prosecutions under sub. (2g), it is sufficient to allege and prove
19that the defendant caused the death of an unborn child with intent to kill that unborn
20child, kill the woman person who is pregnant with that unborn child, or kill another.
SB464,338 21Section 338. 940.195 (1) of the statutes is amended to read:
SB464,143,2422 940.195 (1) Whoever causes bodily harm to an unborn child by an act done with
23intent to cause bodily harm to that unborn child, to the woman person who is
24pregnant with that unborn child, or another is guilty of a Class A misdemeanor.
SB464,339 25Section 339. 940.195 (2) of the statutes is amended to read:
SB464,144,3
1940.195 (2) Whoever causes substantial bodily harm to an unborn child by an
2act done with intent to cause bodily harm to that unborn child, to the woman person
3who is pregnant with that unborn child, or another is guilty of a Class I felony.
SB464,340 4Section 340. 940.195 (4) of the statutes is amended to read:
SB464,144,75 940.195 (4) Whoever causes great bodily harm to an unborn child by an act
6done with intent to cause bodily harm to that unborn child, to the woman person who
7is pregnant with that unborn child, or another is guilty of a Class H felony.
SB464,341 8Section 341. 940.195 (5) of the statutes is amended to read:
SB464,144,129 940.195 (5) Whoever causes great bodily harm to an unborn child by an act
10done with intent to cause great bodily harm to that unborn child, to the woman
11person who is pregnant with that unborn child , or another is guilty of a Class E
12felony.
SB464,342 13Section 342. 940.23 (1) (b) of the statutes is amended to read:
SB464,144,1714 940.23 (1) (b) Whoever recklessly causes great bodily harm to an unborn child
15under circumstances that show utter disregard for the life of that unborn child, the
16woman person who is pregnant with that unborn child, or another is guilty of a Class
17D felony.
SB464,343 18Section 343. 943.20 (2) (c) of the statutes is amended to read:
SB464,144,2119 943.20 (2) (c) “Property of another" includes property in which the actor is a
20co-owner and property of a partnership of which the actor is a member, unless the
21actor and the victim are husband and wife married to each other.
SB464,344 22Section 344 . 943.201 (1) (b) 8. of the statutes is amended to read:
SB464,144,2423 943.201 (1) (b) 8. The maiden name surname of an individual's mother parent
24before marriage if the surname was changed as a result of marriage
.
SB464,345 25Section 345 . 943.205 (2) (b) of the statutes is amended to read:
SB464,145,3
1943.205 (2) (b) “Owner" includes a co-owner of the person charged and a
2partnership of which the person charged is a member, unless the person charged and
3the victim are husband and wife married to each other.
SB464,346 4Section 346 . 944.17 (3) of the statutes is amended to read:
SB464,145,65 944.17 (3) Subsection (2) does not apply to a mother's breast-feeding person's
6breastfeeding
of her that person's child.
SB464,347 7Section 347 . 944.20 (2) of the statutes is amended to read:
SB464,145,98 944.20 (2) Subsection (1) does not apply to a mother's breast-feeding person's
9breastfeeding
of her that person's child.
SB464,348 10Section 348 . 948.10 (2) (b) of the statutes is amended to read:
SB464,145,1211 948.10 (2) (b) A mother's breast-feeding person's breastfeeding of her that
12person's
child.
SB464,349 13Section 349 . 948.31 (2) of the statutes is amended to read:
SB464,145,2114 948.31 (2) Whoever causes a child to leave, takes a child away or withholds a
15child for more than 12 hours from the child's parents or, in the case of a nonmarital
16child whose parents do not subsequently intermarry under s. 767.803, from the
17child's mother or, if he has been granted legal custody, the child's father a parent with
18legal custody of the child
, without the consent of the parents , the mother or the father
19or the parent with legal custody, is guilty of a Class I felony. This subsection is not
20applicable if legal custody has been granted by court order to the person taking or
21withholding the child.
SB464,350 22Section 350. 990.01 (19j) (b) of the statutes is amended to read:
SB464,146,423 990.01 (19j) (b) “Live birth" means the complete expulsion or extraction from
24his or her mother an individual, of a human being, at any stage of development, who,
25after the expulsion or extraction, breathes or has a beating heart, pulsation of the

1umbilical cord, or definite movement of voluntary muscles, regardless of whether the
2umbilical cord has been cut, and regardless of whether the expulsion or extraction
3occurs as a result of natural or induced labor, a cesarean section, or an abortion, as
4defined in s. 253.10 (2) (a).
SB464,351 5Section 351 . 990.01 (22m) of the statutes is created to read:
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