AB50: Bill Text

AB50,3103 Section 3103. 891.39 (1) (a) of the statutes is amended to read:

AB50,1556,20 891.39 (1) (a) Whenever it is established in an action or proceeding that a child was born to a woman while she was the lawful wife of legally married to a specified man person, any party asserting in such action or proceeding that the husband was spouse is not the father parent of the child shall have the burden of proving that assertion by a clear and satisfactory preponderance of the evidence. In all such actions or proceedings the husband and the wife spouses are competent to testify as witnesses to the facts. The court or judge in such cases shall appoint a guardian ad litem to appear for and represent the child whose paternity parentage is questioned. Results of a genetic test, as defined in s. 767.001 (1m), showing that a man person other than the husband mother’s spouse is not excluded as the father of the child and that the statistical probability of the man’s person’s parentage is 99.0 percent or higher constitute a clear and satisfactory preponderance of the evidence of the assertion under this paragraph, even if the husband mother’s spouse is unavailable to submit to genetic tests, as defined in s. 767.001 (1m).

AB50,3104 Section 3104. 891.39 (1) (b) of the statutes is amended to read:

AB50,1557,7 891.39 (1) (b) In actions affecting the family, in which the question of paternity parentage is raised, and in paternity proceedings, the court, upon being satisfied that the parties to the action are unable to adequately compensate any such guardian ad litem for the guardian ad litem’s services and expenses, shall then make an order specifying the guardian ad litem’s compensation and expenses, which compensation and expenses shall be paid as provided in s. 967.06. If the court orders a county to pay the compensation of the guardian ad litem, the amount ordered may not exceed the compensation paid to private attorneys under s. 977.08 (4m) (b).

AB50,3105 Section 3105. 891.39 (3) of the statutes is amended to read:

AB50,1557,15 891.39 (3) If any court under this section adjudges a child to be a nonmarital child, the clerk of court shall report the facts to the state registrar, who shall issue a new birth record showing the correct facts as found by the court, and shall dispose of the original, with the court’s report attached under s. 69.15 (3). If the husband mother’s spouse is a party to the action and the court makes a finding as to whether or not the husband mother’s spouse is the father parent of the child, such finding shall be conclusive in all other courts of this state.

AB50,3106 Section 3106. 891.40 (1) of the statutes is renumbered 891.40 (1) (a) and amended to read:

AB50,1558,2 891.40 (1) (a) If, under the supervision of a licensed physician and with the spouse’s consent of her husband, a wife person is inseminated artificially as provided in par. (b) with semen donated by a man person who is not her husband the spouse of the person being inseminated, the husband spouse of the mother inseminated person at the time of the conception of the child shall be the natural father parent of a child conceived. The husband’s spouse’s consent must be in writing and signed by him or her and his wife. The by the inseminated person.

AB50,1558,9 (c) 1. If the artificial insemination under par. (a) takes place under the supervision of a licensed physician, the physician shall certify their the signatures on the consent and the date of the insemination, and shall file the husband’s spouse’s consent with the department of health services, where it shall be kept. If the artificial insemination under par. (a) does not take place under the supervision of a licensed physician, the spouses shall file the signed consent, which shall include the date of the insemination, with the department of health services.

AB50,1558,11 2. The department of health services shall keep a consent filed under subd. 1. confidential and in a sealed file except as provided in s. 46.03 (7) (bm). However,

AB50,1558,13 3. Notwithstanding subd. 1., the physician’s or spouses’ failure to file the consent form does not affect the legal status of father natural parent and child.

AB50,1558,17 (d) All papers and records pertaining to the artificial insemination under par. (a), whether part of the permanent record of a court or of a file held by the a supervising physician or sperm bank or elsewhere, may be inspected only upon an order of the court for good cause shown.

AB50,3107 Section 3107. 891.40 (1) (b) of the statutes is created to read:

AB50,1558,20 891.40 (1) (b) The artificial insemination under par. (a) must satisfy any of the following:

AB50,1558,22 1. The artificial insemination takes place under the supervision of a licensed physician.

AB50,1558,23 2. The semen used for the insemination is obtained from a sperm bank.

AB50,3108 Section 3108. 891.40 (2) of the statutes is amended to read:

AB50,1559,6 891.40 (2) The donor of semen provided to a licensed physician or obtained from a sperm bank for use in the artificial insemination of a woman other than the donor’s wife spouse is not the natural father parent of a child conceived, bears no liability for the support of the child, and has no parental rights with regard to the child.

AB50,3109 Section 3109. 891.40 (3) of the statutes is created to read:

AB50,1559,10 891.40 (3) This section applies with respect to children conceived before, on, or after the effective date of this subsection .... [LRB inserts date], as a result of artificial insemination.

AB50,3110 Section 3110. 891.405 of the statutes is amended to read:

AB50,1559,16 891.405 Presumption of paternity parentage based on acknowledgment. A man person is presumed to be the natural father parent of a child if he the person and the mother person who gave birth have acknowledged paternity parentage under s. 69.15 (3) (b) 1. or 3. and no other man person is presumed to be the father natural parent under s. 891.41 (1).

AB50,3111 Section 3111. 891.407 of the statutes is amended to read:

AB50,1559,23 891.407 Presumption of paternity parentage based on genetic test results. A man person is presumed to be the natural father parent of a child if the man person has been conclusively determined from genetic test results to be the father natural parent under s. 767.804 and no other man person, other than the person who gave birth to the child, is presumed to be the father natural parent under s. 891.405 or 891.41 (1).

AB50,3112 Section 3112. 891.41 (title) of the statutes is amended to read:

AB50,1560,2 891.41 (title) Presumption of paternity parentage based on marriage of the parties.

AB50,3113 Section 3113. 891.41 (1) (intro.) of the statutes is amended to read:

AB50,1560,5 891.41 (1) (intro.) A man person is presumed to be the natural father parent of a child if any of the following applies:

AB50,3114 Section 3114. 891.41 (1) (a) of the statutes is amended to read:

AB50,1560,10 891.41 (1) (a) He The person and the child’s established natural mother parent are or have been married to each other and the child is conceived or born after marriage and before the granting of a decree of legal separation, annulment, or divorce between the parties.

AB50,3115 Section 3115. 891.41 (1) (b) of the statutes is renumbered 891.41 (1) (b) (intro.) and amended to read:

AB50,1560,17 891.41 (1) (b) (intro.) He The person and the child’s established natural mother parent were married to each other after the child was born but he the person and the child’s established natural mother parent had a relationship with one another during the period of time within which the child was conceived and no other man all of the following apply:

AB50,1560,18 1. No person has been adjudicated to be the father or.

AB50,1560,20 2. No other person is presumed to be the father parent of the child under par. (a).

AB50,3116 Section 3116. 891.41 (2) of the statutes is amended to read:

AB50,1561,5 891.41 (2) In a legal action or proceeding, a presumption under sub. (1) is rebutted by results of a genetic test, as defined in s. 767.001 (1m), that show that a man person other than the man person presumed to be the father parent under sub. (1) is not excluded as the father of the child and that the statistical probability of the man’s person’s parentage is 99.0 percent or higher, even if the man person presumed to be the father natural parent under sub. (1) is unavailable to submit to genetic tests, as defined in s. 767.001 (1m).

AB50,3117 Section 3117. 891.41 (3) of the statutes is created to read:

AB50,1561,8 891.41 (3) This section applies with respect to children born before, on, or after the effective date of this subsection .... [LRB inserts date].

AB50,3118 Section 3118. 893.415 (2) of the statutes is amended to read:

AB50,1561,18 893.415 (2) An action to collect child or family support owed under a judgment or order entered under ch. 767, or to collect child support owed under a judgment or order entered under s. 48.355 (2) (b) 4. or (4g) (a), 48.357 (5m) (a), 48.363 (2), 938.183 (4), 938.355 (2) (b) 4. or (4g) (a), 938.357 (5m) (a), 938.363 (2), or 948.22 (7) or s. 48.355 (2) (b) 4., 2023 stats., s. 48.357 (5m) (a), 2023 stats., s. 938.355 (2) (b) 4., 2023 stats., or s. 938.357 (5m) (a), 2023 stats., shall be commenced within 20 years after the youngest child for whom the support was ordered under the judgment or order reaches the age of 18 or, if the child is enrolled full-time in high school or its equivalent, reaches the age of 19.

AB50,3119 Section 3119. Subchapter VIII (title) of chapter 893 [precedes 893.80] of the statutes is amended to read:

AB50,1561,21 CHAPTER 893

AB50,1562,2 SUBCHAPTER VIII CLAIMS AGAINST GOVERNMENTAL BODIES, OFFICERS, AND EMPLOYEES; STATUTORY CHALLENGES

AB50,3120 Section 3120. 893.825 of the statutes is repealed.

AB50,3121 Section 3121. 893.9815 of the statutes is created to read:

AB50,1562,7 893.9815 False claims. An action or claim under s. 20.9315 shall be commenced within 10 years after the cause of the action or claim accrues or be barred.

AB50,3122 Section 3122. 893.995 of the statutes is created to read:

AB50,1562,10 893.995 Employment discrimination; civil remedies. Any civil action arising under s. 111.397 is subject to the limitations of s. 111.397 (1) (b).

AB50,3123 Section 3123. 895.478 (3m) of the statutes is amended to read:

AB50,1562,21 895.478 (3m) Elementary and secondary schools. An elementary or secondary school and its designated school personnel, and a physician, advanced practice registered nurse prescriber, or physician assistant who provides or administers an opioid antagonist, are not liable for any injury that results from the opioid antagonist, regardless of whether authorization was given by the pupil’s parent or guardian or by the pupil’s physician, advanced practice registered nurse prescriber, or physician assistant, unless the injury is the result of an act or omission that constitutes gross negligence or willful or wanton misconduct. The immunity from liability provided under this subsection is in addition to and not in lieu of that provided under s. 895.48.

AB50,3124 Section 3124. 905.05 (title) of the statutes is amended to read:

AB50,1562,23 905.05 (title) Husband-wife Spousal and domestic partner privilege.

AB50,3125 Section 3125. 938.02 (1) of the statutes is amended to read:

AB50,1563,4 938.02 (1) “Adult” means a person who is 18 years of age or older, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, “adult” means a person who has attained 17 years of age.

AB50,3126 Section 3126. 938.02 (10m) of the statutes is amended to read:

AB50,1563,10 938.02 (10m) “Juvenile,” when used without further qualification, means a person who is less than 18 years of age, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, “juvenile” does not include a person who has attained 17 years of age.

AB50,3127 Section 3127. 938.02 (13) of the statutes is amended to read:

AB50,1564,8 938.02 (13) “Parent” means a biological natural parent, a husband who has consented to the artificial insemination of his wife under s. 891.40, or a parent by adoption. If the juvenile is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803, “parent” includes a person conclusively determined from genetic test results to be the father under s. 767.804 or a person acknowledged under s. 767.805 or a substantially similar law of another state or adjudicated to be the biological father natural parent. “Parent” does not include any person whose parental rights have been terminated. For purposes of the application of s. 938.028 and the federal Indian Child Welfare Act, 25 USC 1901 to 1963, “parent” means a biological natural parent of an Indian child, an Indian husband spouse who has consented to the artificial insemination of his wife or her spouse under s. 891.40, or an Indian person who has lawfully adopted an Indian juvenile, including an adoption under tribal law or custom, and includes, in the case of a nonmarital Indian child who is not adopted or whose parents do not subsequently intermarry under s. 767.803, a person conclusively determined from genetic test results to be the father under s. 767.804, a person acknowledged under s. 767.805, a substantially similar law of another state, or tribal law or custom to be the biological father natural parent, or a person adjudicated to be the biological father natural parent, but does not include any person whose parental rights have been terminated.

AB50,3128 Section 3128. 938.12 (2) of the statutes is amended to read:

AB50,1564,14 938.12 (2) Seventeen-year-olds Juveniles who become adults. If a petition alleging that a juvenile is delinquent is filed before the juvenile is 17 years of age becomes an adult, but the juvenile becomes 17 years of age an adult before admitting the facts of the petition at the plea hearing or, if the juvenile denies the facts, before an adjudication, the court retains jurisdiction over the case.

AB50,3129 Section 3129. 938.18 (2) of the statutes is amended to read:

AB50,1565,2 938.18 (2) Petition. The petition for waiver of jurisdiction may be filed by the district attorney or the juvenile or may be initiated by the court and shall contain a brief statement of the facts supporting the request for waiver. The petition for waiver of jurisdiction shall be accompanied by or filed after the filing of a petition alleging delinquency and shall be filed prior to the plea hearing, except that if the juvenile denies the facts of the petition and becomes 17 years of age an adult before an adjudication, the petition for waiver of jurisdiction may be filed at any time prior to the adjudication. If the court initiates the petition for waiver of jurisdiction, the judge shall disqualify himself or herself from any future proceedings on the case.

AB50,3130 Section 3130. 938.183 (3) of the statutes is amended to read:

AB50,1565,11 938.183 (3) Placement in state prison; parole. When Subject to s. 973.013 (3m), when a juvenile who is subject to a criminal penalty under sub. (1m) or s. 938.183 (2), 2003 stats., attains the age of 17 years becomes an adult, the department of corrections may place the juvenile in a state prison named in s. 302.01, except that that department may not place any person under the age of 18 years in the correctional institution authorized in s. 301.16 (1n). A juvenile who is subject to a criminal penalty under sub. (1m) or under s. 938.183 (2), 2003 stats., for an act committed before December 31, 1999, is eligible for parole under s. 304.06.

AB50,3131 Section 3131. 938.255 (1) (intro.) of the statutes is amended to read:

AB50,1565,19 938.255 (1) Title and contents. (intro.) A petition initiating proceedings under this chapter, other than a petition initiating proceedings under s. 938.12, 938.125, or 938.13 (12), shall be entitled, “In the interest of (juvenile’s name), a person under the age of 18”..” A petition initiating proceedings under s. 938.12, 938.125, or 938.13 (12) shall be entitled, “In the interest of (juvenile’s name), a person under the age of 17”. juvenile.” A petition initiating proceedings under this chapter shall specify all of the following:

AB50,3132 Section 3132. 938.33 (3) (intro.) and (a) of the statutes are consolidated, renumbered 938.33 (3) and amended to read:

AB50,1566,11 938.33 (3) Correctional placement reports. A report recommending placement of a juvenile in a juvenile correctional facility or a secured residential care center for children and youth shall be in writing, except that the report may be presented orally at the dispositional hearing if the juvenile and the juvenile’s counsel consent. A report that is presented orally shall be transcribed and made a part of the court record. In addition to the information specified under sub. (1) (a) to (d), the report shall include all of the following: (a) A a description of any less restrictive alternatives that are available and that have been considered, and why they have been determined to be inappropriate. If the court has found that any of the conditions specified in s. 938.34 (4m) (b) 1., 2., or 3. applies, the report shall indicate that a less restrictive alternative than placement in a juvenile correctional facility or a secured residential care center for children and youth is not appropriate.

AB50,3133 Section 3133. 938.33 (3) (b) of the statutes is repealed.

AB50,3134 Section 3134. 938.33 (4) (b) of the statutes is repealed.

AB50,3135 Section 3135. 938.33 (4m) of the statutes is repealed.

AB50,3136 Section 3136. 938.335 (3r) of the statutes is repealed.

AB50,3137 Section 3137. 938.34 (8) of the statutes is amended to read:

AB50,1567,16 938.34 (8) Forfeiture. Impose a forfeiture based upon a determination that this disposition is in the best interest of the juvenile and the juvenile’s rehabilitation. The maximum forfeiture that the court may impose under this subsection for a violation by a juvenile is the maximum amount of the fine that may be imposed on an adult for committing that violation or, if the violation is applicable only to a person under 18 years of age juveniles, $100. The order shall include a finding that the juvenile alone is financially able to pay the forfeiture and shall allow up to 12 months for payment. If the juvenile fails to pay the forfeiture, the court may vacate the forfeiture and order other alternatives under this section; or the court may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or suspend the juvenile’s operating privilege, as defined in s. 340.01 (40), for not more than 2 years. If the court suspends any license under this subsection, the clerk of the court shall immediately take possession of the suspended license if issued under ch. 29 or, if the license is issued under ch. 343, the court may take possession of, and if possession is taken, shall destroy, the license. The court shall forward to the department which that issued the license a notice of suspension stating that the suspension is for failure to pay a forfeiture imposed by the court, together with any license issued under ch. 29 of which the court takes possession. If the forfeiture is paid during the period of suspension, the suspension shall be reduced to the time period which that has already elapsed and the court shall immediately notify the department, which shall then, if the license is issued under ch. 29, return the license to the juvenile. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.45 (1r) (b).

AB50,3138 Section 3138. 938.341 of the statutes is amended to read:

AB50,1567,21 938.341 Delinquency adjudication; restriction on firearm possession. Whenever a court adjudicates a juvenile delinquent for an act that if committed by an adult in this state would be a felony or for a violation under s. 175.33 (2), the court shall inform the juvenile of the requirements and penalties under s. 941.29.

AB50,3139 Section 3139. 938.343 (2) of the statutes is amended to read:

AB50,1568,16 938.343 (2) Forfeiture. Impose a forfeiture not to exceed the maximum forfeiture that may be imposed on an adult for committing that violation or, if the violation is only applicable to a person under 18 years of age juveniles, $50. The order shall include a finding that the juvenile alone is financially able to pay and shall allow up to 12 months for the payment. If a juvenile fails to pay the forfeiture, the court may suspend any license issued under ch. 29 or suspend the juvenile’s operating privilege, as defined in s. 340.01 (40), for not more than 2 years. The court shall immediately take possession of the suspended license if issued under ch. 29 or, if the license is issued under ch. 343, the court may take possession of, and if possession is taken, shall destroy, the license. The court shall forward to the department which that issued the license the notice of suspension stating that the suspension is for failure to pay a forfeiture imposed by the court, together with any license issued under ch. 29 of which the court takes possession. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which shall, if the license is issued under ch. 29, return the license to the person. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.45 (1r) (b).

AB50,3140 Section 3140. 938.344 (3) of the statutes is amended to read:

AB50,1569,2 938.344 (3) Prosecution in adult court. If the juvenile alleged to have committed the violation is within 3 months of his or her 17th birthday becoming an adult, the court assigned to exercise jurisdiction under this chapter and ch. 48 may, at the request of the district attorney or on its own motion, dismiss the citation without prejudice and refer the matter to the district attorney for prosecution under s. 125.07 (4). The juvenile is entitled to a hearing only on the issue of his or her age. This subsection does not apply to violations under s. 961.573 (2), 961.574 (2), or 961.575 (2) or a local ordinance that strictly conforms to one of those statutes.

AB50,3141 Section 3141. 938.35 (1m) of the statutes is amended to read:

AB50,1569,9 938.35 (1m) Future criminal proceedings barred. Disposition by the court assigned to exercise jurisdiction under this chapter and ch. 48 of any allegation under s. 938.12 or 938.13 (12) shall bar any future proceeding on the same matter in criminal court when the juvenile attains 17 years of age becomes an adult. This subsection does not affect proceedings in criminal court that have been transferred under s. 938.18.

AB50,3142 Section 3142. 938.355 (2) (b) 4. of the statutes is repealed.

AB50,3143 Section 3143. 938.355 (2) (b) 6. of the statutes is renumbered 938.355 (2) (b) 6. a. and amended to read:

AB50,1569,15 938.355 (2) (b) 6. a. If the juvenile is placed outside the home, a finding that continued placement of the juvenile in his or her home would be contrary to the welfare of the juvenile or, if.

AB50,1569,20 b. If the juvenile has been adjudicated delinquent and is placed outside the home under s. 938.34 (3) (a), (c), (cm), or (d) or (4d), in addition to the finding under subd. 6. a., a finding that the juvenile’s current residence will not safeguard the welfare of the juvenile or the community due to the serious nature of the act for which the juvenile was adjudicated delinquent.

AB50,1570,5 c. The court order under subd. 6. a. or b. shall also contain a finding as to whether the county department or the agency primarily responsible for providing services under a court order has made reasonable efforts to prevent the removal of the juvenile from the home, while assuring that the juvenile’s health and safety are the paramount concerns, unless the court finds that any of the circumstances under sub. (2d) (b) 1. to 4. applies, and, if a permanency plan has previously been prepared for the juvenile, a finding as to whether the county department or agency has made reasonable efforts to achieve the permanency goal of the juvenile’s permanency plan, including, if appropriate, through an out-of-state placement.

AB50,1570,12 d. The court shall make the findings specified in this subdivision on a case-by- case basis based on circumstances specific to the juvenile and shall document or reference the specific information on which those findings are based in the court order. A court order that merely references this subdivision without documenting or referencing that specific information in the court order or an amended court order that retroactively corrects an earlier court order that does not comply with this subdivision is not sufficient to comply with this subdivision.

AB50,3144 Section 3144. 938.355 (4) (b) of the statutes is amended to read: