AB43,3204
14Section
3204. 815.18 (3) (intro.) of the statutes is amended to read:
AB43,1678,1715
815.18
(3) Exempt property. (intro.) The debtor's interest in or right to receive
16the following property is exempt, except as specifically provided in this section and
17ss.
70.20 (2), 71.91 (5m) and (6)
, 74.55 (2) and 102.28 (5):
AB43,3205
18Section 3205
. 815.20 (1) of the statutes is amended to read:
AB43,1679,619
815.20
(1) An exempt homestead as defined in s. 990.01 (14) selected by a
20resident owner and occupied by him or her shall be exempt from execution, from the
21lien of every judgment, and from liability for the debts of the owner to the amount
22of $75,000, except mortgages, laborers', mechanics', and purchase money liens
, and
23taxes
, and except as otherwise provided. The exemption shall not be impaired by
24temporary removal with the intention to reoccupy the premises as a homestead nor
25by the sale of the homestead, but shall extend to the proceeds derived from the sale
1to an amount not exceeding $75,000, while held, with the intention to procure
2another homestead with the proceeds, for 2 years. The exemption extends to land
3owned by
husband and wife spouses jointly or in common or as marital property, and
4each spouse may claim a homestead exemption of not more than $75,000. The
5exemption extends to the interest therein of tenants in common, having a homestead
6thereon with the consent of the cotenants, and to any estate less than a fee.
AB43,3206
7Section 3206
. 822.40 (4) of the statutes is amended to read:
AB43,1679,118
822.40
(4) A privilege against disclosure of communications between spouses
9and a defense of immunity based on the relationship
of husband and wife between
10spouses or parent and child may not be invoked in a proceeding under this
11subchapter.
AB43,3207
12Section 3207
. 851.30 (2) (a) of the statutes is amended to read:
AB43,1679,1713
851.30
(2) (a) An individual who obtains or consents to a final decree or
14judgment of divorce from the decedent or an annulment of their marriage, if the
15decree or judgment is not recognized as valid in this state, unless they subsequently
16participate in a marriage ceremony purporting to marry each other or they
17subsequently hold themselves out as
husband and wife
married to each other.
AB43,3208
18Section 3208
. 852.01 (1) (f) 1. of the statutes is amended to read:
AB43,1679,2219
852.01
(1) (f) 1. One-half to the
maternal grandparents
on one side equally if
20both survive, or to the surviving
maternal grandparent
on that side; if both
maternal 21grandparents
on that side are deceased, to the issue of the
maternal grandparents
22on that side or either of them, per stirpes.
AB43,3209
23Section 3209
. 852.01 (1) (f) 2. of the statutes is amended to read:
AB43,1679,2524
852.01
(1) (f) 2. One-half to the
paternal relations
on the other side in the same
25manner as to the
maternal relations under subd. 1.
AB43,3210
1Section
3210. 852.01 (1) (f) 3. of the statutes is amended to read:
AB43,1680,42
852.01
(1) (f) 3. If either
the maternal side or the paternal side has no surviving
3grandparent or issue of a grandparent, the entire estate to the decedent's relatives
4on the other side.
AB43,3211
5Section 3211
. 854.03 (3) of the statutes is amended to read:
AB43,1680,126
854.03
(3) Marital property. Except as provided in subs. (4) and (5), if
a
7husband and wife 2 spouses die leaving marital property and it is not established
8that one survived the other by at least 120 hours, 50 percent of the marital property
9shall be distributed as if it were the
husband's
first spouse's individual property and
10the
husband 2nd spouse had survived, and 50 percent of the marital property shall
11be distributed as if it were the
wife's 2nd spouse's individual property and the
wife 12first spouse had survived.
AB43,3212
13Section 3212
. 891.39 (title) of the statutes is amended to read:
AB43,1680,15
14891.39 (title)
Presumption as to whether a child is marital or
15nonmarital; self-crimination self-incrimination; birth certificates.
AB43,3213
16Section 3213
. 891.39 (1) (a) of the statutes is amended to read:
AB43,1681,517
891.39
(1) (a) Whenever it is established in an action or proceeding that a child
18was born to a woman while she was
the lawful wife of
legally married to a specified
19man person, any party asserting in such action or proceeding that the
husband was 20spouse is not the
father parent of the child shall have the burden of proving that
21assertion by a clear and satisfactory preponderance of the evidence. In all such
22actions or proceedings the
husband and the wife
spouses are competent to testify as
23witnesses to the facts. The court or judge in such cases shall appoint a guardian ad
24litem to appear for and represent the child whose
paternity parentage is questioned.
25Results of a genetic test, as defined in s. 767.001 (1m), showing that a
man person
1other than the
husband mother's spouse is not excluded as the father of the child and
2that the statistical probability of the
man's
person's parentage is 99.0 percent or
3higher constitute a clear and satisfactory preponderance of the evidence of the
4assertion under this paragraph, even if the
husband
mother's spouse is unavailable
5to submit to genetic tests, as defined in s. 767.001 (1m).
AB43,3214
6Section 3214
. 891.39 (1) (b) of the statutes is amended to read:
AB43,1681,147
891.39
(1) (b) In actions affecting the family
, in which the question of
paternity 8parentage is raised, and in paternity proceedings, the court, upon being satisfied that
9the parties to the action are unable to adequately compensate any such guardian ad
10litem for the guardian ad litem's services and expenses, shall then make an order
11specifying the guardian ad litem's compensation and expenses, which compensation
12and expenses shall be paid as provided in s. 967.06. If the court orders a county to
13pay the compensation of the guardian ad litem, the amount ordered may not exceed
14the compensation paid to private attorneys under s. 977.08 (4m) (b).
AB43,3215
15Section 3215
. 891.39 (3) of the statutes is amended to read:
AB43,1681,2216
891.39
(3) If any court under this section adjudges a child to be a nonmarital
17child, the clerk of court shall report the facts to the state registrar, who shall issue
18a new birth record showing the correct facts as found by the court, and shall dispose
19of the original, with the court's report attached under s. 69.15 (3). If the
husband 20mother's spouse is a party to the action and the court makes a finding as to whether
21or not the
husband mother's spouse is the
father parent of the child, such finding
22shall be conclusive in all other courts of this state.
AB43,3216
23Section 3216
. 891.40 (1) of the statutes is renumbered 891.40 (1) (a) and
24amended to read:
AB43,1682,7
1891.40
(1) (a) If,
under the supervision of a licensed physician and with the
2spouse's consent
of her husband, a
wife person is inseminated artificially
as provided
3in par. (b) with semen donated by a
man person who is not
her husband the spouse
4of the person being inseminated, the
husband
spouse of the
mother inseminated
5person at the time of the conception of the child shall be the natural
father parent 6of a child conceived. The
husband's spouse's consent must be in writing and signed
7by him
or her and
his wife. The
by the inseminated person.
AB43,1682,14
8(c) 1. If the artificial insemination under par. (a) takes place under the
9supervision of a licensed physician, the physician shall certify
their the signatures
10on the consent and the date of the insemination, and shall file the
husband's spouse's 11consent with the department of health services
, where it shall be kept. If the
12artificial insemination under par. (a) does not take place under the supervision of a
13licensed physician, the spouses shall file the signed consent, which shall include the
14date of the insemination, with the department of health services.
AB43,1682,16
152. The department of health services shall keep a consent filed under subd. 1.
16confidential and in a sealed file except as provided in s. 46.03 (7) (bm).
However,
AB43,1682,18
173. Notwithstanding subd. 1., the physician's
or spouses' failure to file the
18consent form does not affect the legal status of
father natural parent and child.
AB43,1682,22
19(d) All papers and records pertaining to the
artificial insemination
under par.
20(a), whether part of the permanent record of a court or of a file held by
the a
21supervising physician
or sperm bank or elsewhere, may be inspected only upon an
22order of the court for good cause shown.
AB43,3217
23Section 3217
. 891.40 (1) (b) of the statutes is created to read:
AB43,1682,2524
891.40
(1) (b) The artificial insemination under par. (a) must satisfy any of the
25following:
AB43,1683,2
11. The artificial insemination takes place under the supervision of a licensed
2physician.
AB43,1683,33
2. The semen used for the insemination is obtained from a sperm bank.
AB43,3218
4Section 3218
. 891.40 (2) of the statutes is amended to read:
AB43,1683,85
891.40
(2) The donor of semen provided to a licensed physician
or obtained from
6a sperm bank for use in
the artificial insemination of a woman other than the donor's
7wife spouse is not the natural
father parent of a child conceived, bears no liability for
8the support of the child
, and has no parental rights with regard to the child.
AB43,3219
9Section 3219
. 891.40 (3) of the statutes is created to read:
AB43,1683,1210
891.40
(3) This section applies with respect to children conceived before, on,
11or after the effective date of this subsection .... [LRB inserts date], as a result of
12artificial insemination.
AB43,3220
13Section 3220
. 891.405 of the statutes is amended to read:
AB43,1683,18
14891.405 Presumption of paternity parentage based on
15acknowledgment. A
man person is presumed to be the natural
father parent of a
16child if
he the person and the
mother person who gave birth have acknowledged
17paternity parentage under s. 69.15 (3) (b) 1. or 3. and no other
man person is
18presumed to be the
father natural parent under s. 891.41 (1).
AB43,3221
19Section 3221
. 891.407 of the statutes is amended to read:
AB43,1683,24
20891.407 Presumption of paternity based on genetic test results. A man
21is presumed to be the natural father of a child if the man has been conclusively
22determined from genetic test results to be the father under s. 767.804 and no other
23man person is presumed to be the
father natural parent under s. 891.405 or 891.41
24(1).
AB43,3222
25Section 3222
. 891.41 (title) of the statutes is amended to read:
AB43,1684,2
1891.41 (title)
Presumption of paternity parentage based on marriage of
2the parties.
AB43,3223
3Section 3223
. 891.41 (1) (intro.) of the statutes is amended to read:
AB43,1684,54
891.41
(1) (intro.) A
man person is presumed to be the natural
father
parent 5of a child if any of the following applies:
AB43,3224
6Section 3224
. 891.41 (1) (a) of the statutes is amended to read:
AB43,1684,107
891.41
(1) (a)
He The person and the child's
established natural
mother parent 8are or have been married to each other and the child is conceived or born after
9marriage and before the granting of a decree of legal separation, annulment
, or
10divorce between the parties.
AB43,3225
11Section 3225
. 891.41 (1) (b) of the statutes is renumbered 891.41 (1) (b) (intro.)
12and amended to read:
AB43,1684,1713
891.41
(1) (b) (intro.)
He
The person and the child's
established natural
mother 14parent were married to each other after the child was born but
he the person and the
15child's
established natural
mother parent had a relationship with one another
16during the period of time within which the child was conceived and
no other man all
17of the following apply:
AB43,1684,18
181. No person has been adjudicated to be the father
or.
AB43,1684,20
192. No other person is presumed to be the
father parent of the child under par.
20(a).
AB43,3226
21Section 3226
. 891.41 (2) of the statutes is amended to read:
AB43,1685,322
891.41
(2) In a legal action or proceeding, a presumption under sub. (1) is
23rebutted by results of a genetic test, as defined in s. 767.001 (1m), that show that a
24man person other than the
man person presumed to be the
father parent under sub.
25(1) is not excluded as the father of the child and that the statistical probability of the
1man's person's parentage is 99.0 percent or higher, even if the
man person presumed
2to be the
father natural parent under sub. (1) is unavailable to submit to genetic
3tests, as defined in s. 767.001 (1m).
AB43,3227
4Section 3227
. 891.41 (3) of the statutes is created to read:
AB43,1685,65
891.41
(3) This section applies with respect to children born before, on, or after
6the effective date of this subsection .... [LRB inserts date].
AB43,3228
7Section 3228
. Subchapter VIII (title) of chapter 893 [precedes 893.80] of the
8statutes is amended to read:
AB43,1685,1310
SUBCHAPTER VIII
11
CLAIMS AGAINST GOVERNMENTAL
12
BODIES, OFFICERS
, AND EMPLOYEES
;
13STATUTORY CHALLENGES
AB43,3229
14Section 3229
. 893.825 of the statutes is repealed.
AB43,3230
15Section 3230
. 893.9815 of the statutes is created to read:
AB43,1685,18
16893.9815 False claims. An action or claim under s. 20.9315 shall be
17commenced within 10 years after the cause of the action or claim accrues or be
18barred.
AB43,3231
19Section
3231. 893.995 of the statutes is created to read:
AB43,1685,21
20893.995 Employment discrimination; civil remedies. Any civil action
21arising under s. 111.397 is subject to the limitations of s. 111.397 (1) (b).
AB43,3232
22Section 3232
. 895.48 (1m) (a) (intro.) of the statutes is amended to read:
AB43,1686,923
895.48
(1m) (a) (intro.) Except as provided in par. (b), any physician,
24naturopathic doctor, physician assistant, podiatrist, or athletic trainer licensed
25under ch. 448, chiropractor licensed under ch. 446, dentist
or dental therapist
1licensed under ch. 447, emergency medical services practitioner licensed under s.
2256.15, emergency medical responder certified under s. 256.15 (8), registered nurse
3licensed under ch. 441, or a massage therapist or bodywork therapist licensed under
4ch. 460 who renders voluntary health care to a participant in an athletic event or
5contest sponsored by a nonprofit corporation, as defined in s. 66.0129 (6) (b), a private
6school, as defined in s. 115.001 (3r), a tribal school, as defined in s. 115.001 (15m), a
7public agency, as defined in s. 46.856 (1) (b), or a school, as defined in s. 609.655 (1)
8(c), is immune from civil liability for his or her acts or omissions in rendering that
9care if all of the following conditions exist:
AB43,3233
10Section 3233
. 895.48 (1m) (a) 2. of the statutes is amended to read:
AB43,1686,1611
895.48
(1m) (a) 2. The physician, naturopathic doctor, podiatrist, athletic
12trainer, chiropractor, dentist,
dental therapist, emergency medical services
13practitioner, as defined in s. 256.01 (5), emergency medical responder, as defined in
14s. 256.01 (4p), physician assistant, registered nurse, massage therapist or bodywork
15therapist does not receive compensation for the health care, other than
16reimbursement for expenses.
AB43,3234
17Section 3234
. 905.05 (title) of the statutes is amended to read:
AB43,1686,18
18905.05 (title)
Husband-wife Spousal and domestic partner privilege.
AB43,3235
19Section 3235
. 938.02 (1) of the statutes is amended to read:
AB43,1686,2320
938.02
(1) “Adult" means a person who is 18 years of age or older
, except that
21for purposes of investigating or prosecuting a person who is alleged to have violated
22any state or federal criminal law or any civil law or municipal ordinance, “
adult" 23means a person who has attained 17 years of age.
AB43,3236
24Section 3236
. 938.02 (10m) of the statutes is amended to read:
AB43,1687,5
1938.02
(10m) “Juvenile," when used without further qualification, means a
2person who is less than 18 years of age
, except that for purposes of investigating or
3prosecuting a person who is alleged to have violated a state or federal criminal law
4or any civil law or municipal ordinance, “juvenile" does not include a person who has
5attained 17 years of age.
AB43,3237
6Section
3237. 938.02 (12c) of the statutes is created to read:
AB43,1687,97
938.02
(12c) “Like-kin” means a person who has a significant emotional
8relationship with a child or the child's family and to whom any of the following
9applies:
AB43,1687,1210
(a) Prior to the child's placement in out-of-home care, the person had an
11existing relationship with the child or the child's family that is similar to a familial
12relationship.
AB43,1687,1613
(b) During the child's placement in out-of-home care, the person developed a
14relationship with the child or the child's family that is similar to a familial
15relationship, and the person is not and has not previously been the child's licensed
16foster parent.
AB43,1687,1817
(c) For an Indian child, “like-kin” includes individuals identified by the child's
18tribe according to tribal tradition, custom or resolution, code, or law.
AB43,3238
19Section 3238
. 938.02 (13) of the statutes is amended to read:
AB43,1688,1420
938.02
(13) “Parent" means a
biological natural parent
, a husband who has
21consented to the artificial insemination of his wife under s. 891.40, or a parent by
22adoption. If the juvenile is a nonmarital child who is not adopted or whose parents
23do not subsequently intermarry under s. 767.803, “parent" includes a person
24conclusively determined from genetic test results to be the father under s. 767.804
25or a person acknowledged under s. 767.805 or a substantially similar law of another
1state or adjudicated to be the
biological father natural parent. “Parent" does not
2include any person whose parental rights have been terminated. For purposes of the
3application of s. 938.028 and the federal Indian Child Welfare Act,
25 USC 1901 to
41963, “parent" means a
biological natural parent
of an Indian child, an Indian
5husband spouse who has consented to the artificial insemination of his
wife or her
6spouse under s. 891.40, or an Indian person who has lawfully adopted an Indian
7juvenile, including an adoption under tribal law or custom, and includes, in the case
8of a nonmarital
Indian child who is not adopted or whose parents do not subsequently
9intermarry under s. 767.803, a person conclusively determined from genetic test
10results to be the father under s. 767.804, a person acknowledged under s. 767.805,
11a substantially similar law of another state, or tribal law or custom to be the
12biological father natural parent, or a person adjudicated to be the
biological father 13natural parent, but does not include any person whose parental rights have been
14terminated.
AB43,3239
15Section
3239. 938.02 (15) of the statutes is amended to read:
AB43,1689,216
938.02
(15) “Relative" means a parent, stepparent, brother, sister, stepbrother,
17stepsister, half brother, half sister, brother-in-law, sister-in-law, first cousin, 2nd
18cousin,
first cousin once removed, nephew, niece, uncle, aunt, stepuncle, stepaunt,
19or any person of a preceding generation as denoted by the prefix of grand, great, or
20great-great, whether by blood, marriage, or legal adoption, or the spouse of any
21person named in this subsection, even if the marriage is terminated by death or
22divorce. For purposes of the application of s. 938.028 and the federal Indian Child
23Welfare Act,
25 USC 1901 to
1963, “relative" includes an extended family member,
24as defined in s. 938.028 (2) (a), whether by blood, marriage, or adoption, including
25adoption under tribal law or custom. For purposes of placement of a juvenile,
1“relative" also includes a parent of a sibling of the juvenile who has legal custody of
2that sibling.
AB43,3240
3Section
3240. 938.028 (2) (c) of the statutes is amended to read:
AB43,1689,114
938.028
(2) (c) “Out-of-home care placement" means the removal of an Indian
5juvenile from the home of his or her parent or Indian custodian for temporary
6placement in a foster home, group home, residential care center for children and
7youth, or shelter care facility, in the home of a relative other than a parent,
in the
8home of like-kin, or in the home of a guardian, from which placement the parent or
9Indian custodian cannot have the juvenile returned upon demand. “Out-of-home
10care placement" does not include an emergency change in placement under s.
11938.357 (2) (b) or holding an Indian juvenile in custody under ss. 938.19 to 938.21.
AB43,3241
12Section 3241
. 938.12 (2) of the statutes is amended to read:
AB43,1689,1713
938.12
(2) Seventeen-year-olds Juveniles who become adults. If a petition
14alleging that a juvenile is delinquent is filed before the juvenile
is 17 years of age 15becomes an adult, but the juvenile becomes
17 years of age an adult before admitting
16the facts of the petition at the plea hearing or
, if the juvenile denies the facts, before
17an adjudication, the court retains jurisdiction over the case.
AB43,3242
18Section 3242
. 938.18 (2) of the statutes is amended to read:
AB43,1690,219
938.18
(2) Petition. The petition for waiver of jurisdiction may be filed by the
20district attorney or the juvenile or may be initiated by the court and shall contain a
21brief statement of the facts supporting the request for waiver. The petition for waiver
22of jurisdiction shall be accompanied by or filed after the filing of a petition alleging
23delinquency and shall be filed prior to the plea hearing, except that if the juvenile
24denies the facts of the petition and becomes
17 years of age an adult before an
25adjudication, the petition for waiver of jurisdiction may be filed at any time prior to
1the adjudication. If the court initiates the petition for waiver of jurisdiction, the
2judge shall disqualify himself or herself from any future proceedings on the case.