Amendment SSA1-AB68

AB68-SSA1,1416,5 767.863 (1m) Paternity allegation by male person other than husband spouse; when determination not in best interest of child. In an action to establish the paternity of a child who was born to a woman while she was married, if a male person other than the woman's husband spouse alleges that he, not the husband woman's spouse, is the child's father biological parent, a party, or the woman if she is not a party, may allege that a judicial determination that a male person other than the husband woman's spouse is the father biological parent is not in the best interest of the child. If the court or a supplemental court commissioner under s. 757.675 (2) (g) determines that a judicial determination of whether a male person other than the husband woman's spouse is the father biological parent is not in the best interest of the child, no genetic tests may be ordered and the action shall be dismissed.

AB68-SSA1,3064 Section 3064 . 767.87 (1m) (intro.) of the statutes is amended to read:

AB68-SSA1,1416,11 767.87 (1m) Birth record required. (intro.) If the child was born in this state, the petitioner shall present a certified copy of the child's birth record or a printed copy of the record from the birth database of the state registrar to the court, so that the court is aware of whether a name has been inserted on the birth record as the father parent of the child other than the mother, at the earliest possible of the following:

AB68-SSA1,3065 Section 3065 . 767.87 (8) of the statutes is amended to read:

AB68-SSA1,1416,17 767.87 (8) Burden of proof. The party bringing an action for the purpose of determining paternity or for the purpose of declaring the nonexistence of paternity presumed under s. 891.405, 891.407, or the nonexistence of parentage presumed under s. 891.405 or 891.41 (1) shall have the burden of proving the issues involved by clear and satisfactory preponderance of the evidence.

AB68-SSA1,3066 Section 3066 . 767.87 (9) of the statutes is amended to read:

AB68-SSA1,1416,22 767.87 (9) Artificial insemination; natural father parent . Where If a child is conceived by artificial insemination, the husband spouse of the mother of the child at the time of the conception of the child is the natural father parent of the child, as provided in s. 891.40.

AB68-SSA1,3067 Section 3067 . 767.883 (1) of the statutes is amended to read:

AB68-SSA1,1417,19 767.883 (1) Two parts. The trial shall be divided into 2 parts, the first part dealing with the determination of paternity parentage and the 2nd part dealing with child support, legal custody, periods of physical placement, and related issues. The main issue at the first part shall be whether the alleged or presumed father parent is or is not the father parent of the mother's child, but if the child was born to the mother while she was the lawful wife spouse of a specified male person, the prior issue of whether the husband mother's spouse was not the father parent of the child shall be determined first, as provided under s. 891.39. The first part of the trial shall be by jury only if the defendant verbally requests a jury trial either at the initial appearance or pretrial hearing or requests a jury trial in writing prior to the pretrial hearing. The court may direct and, if requested by either party before the introduction of any testimony in the party's behalf, shall direct the jury to find a special verdict as to any of the issues specified in this section, except that the court shall make all of the findings enumerated in s. 767.89 (2) to (4). If the mother is dead, becomes insane, cannot be found within the jurisdiction, or fails to commence or pursue the action, the proceeding does not abate if any of the persons under s. 767.80 (1) makes a motion to continue. The testimony of the mother taken at the pretrial hearing may in any such case be read in evidence if it is competent, relevant, and material. The issues of child support, custody, and visitation, and related issues shall be determined by the court either immediately after the first part of the trial or at a later hearing before the court.

AB68-SSA1,3068 Section 3068 . 769.316 (9) of the statutes is amended to read:

AB68-SSA1,1417,23 769.316 (9) The defense of immunity based on the relationship of husband and wife between spouses or parent and child does not apply in a proceeding under this chapter.

AB68-SSA1,3069 Section 3069 . 769.401 (2) (a) of the statutes is amended to read:

AB68-SSA1,1417,25 769.401 (2) (a) A parent or presumed father parent of the child.

AB68-SSA1,3070 Section 3070. 769.401 (2) (g) of the statutes is repealed.

AB68-SSA1,3071 Section 3071 . 801.02 (1) of the statutes is amended to read:

AB68-SSA1,1418,7 801.02 (1) A Except as provided in s. 20.9315 (5) (b), a civil action in which a personal judgment is sought is commenced as to any defendant when a summons and a complaint naming the person as defendant are filed with the court, provided service of an authenticated copy of the summons and of the complaint is made upon the defendant under this chapter within 90 days after filing.

AB68-SSA1,3072 Section 3072. 801.50 (5sb) of the statutes is created to read:

AB68-SSA1,1418,10 801.50 (5sb) Venue of an action under s. 813.124 shall be in the county in which the cause of action arose or where the petitioner or the respondent resides.

AB68-SSA1,3073 Section 3073 . 803.09 (1) of the statutes is amended to read:

AB68-SSA1,1418,17 803.09 (1) Upon Except as provided in s. 20.9315, upon timely motion anyone shall be permitted to intervene in an action when the movant claims an interest relating to the property or transaction which is the subject of the action and the movant is so situated that the disposition of the action may as a practical matter impair or impede the movant's ability to protect that interest, unless the movant's interest is adequately represented by existing parties.

AB68-SSA1,3074 Section 3074 . 803.09 (2) of the statutes is amended to read:

AB68-SSA1,1419,3 803.09 (2) Upon Except as provided in s. 20.9315, upon timely motion anyone may be permitted to intervene in an action when a movant's claim or defense and the main action have a question of law or fact in common. When a party to an action relies for ground of claim or defense upon any statute or executive order or rule administered by a federal or state governmental officer or agency or upon any regulation, order, rule, requirement or agreement issued or made pursuant to the statute or executive order, the officer or agency upon timely motion may be permitted to intervene in the action. In exercising its discretion the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties.

AB68-SSA1,3075 Section 3075 . 803.09 (2m) of the statutes is repealed.

AB68-SSA1,3076 Section 3076 . 804.01 (2) (intro.) of the statutes is amended to read:

AB68-SSA1,1419,8 804.01 (2) Scope of discovery. (intro.) Unless Except as provided in s. 20.9315 (9), and unless otherwise limited by order of the court in accordance with the provisions of this chapter, the scope of discovery is as follows:

AB68-SSA1,3077 Section 3077 . 805.04 (1) of the statutes is amended to read:

AB68-SSA1,1419,17 805.04 (1) By plaintiff; by stipulation. An Except as provided in sub. (2p), an action may be dismissed by the plaintiff without order of court by serving and filing a notice of dismissal at any time before service by an adverse party of responsive pleading or motion or by the filing of a stipulation of dismissal signed by all parties who have appeared in the action. Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is not on the merits, except that a notice of dismissal operates as an adjudication on the merits when filed by a plaintiff who has once dismissed in any court an action based on or including the same claim.

AB68-SSA1,3078 Section 3078 . 805.04 (2p) of the statutes is created to read:

AB68-SSA1,1419,22 805.04 (2p) False claims. An action filed under s. 20.9315 may be dismissed only by order of the court. In determining whether to dismiss the action filed under s. 20.9315, the court shall take into account the best interests of the parties and the purposes of s. 20.9315.

AB68-SSA1,3079 Section 3079 . 806.04 (11) of the statutes is amended to read:

AB68-SSA1,1421,4 806.04 (11) Parties. When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration may prejudice the right of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, the municipality shall be made a party, and shall be entitled to be heard. If a statute, ordinance, or franchise is alleged to be unconstitutional, or to be in violation of or preempted by federal law, or if the construction or validity of a statute is otherwise challenged, the attorney general shall also be served with a copy of the proceeding and be entitled to be heard. If a statute is alleged to be unconstitutional, or to be in violation of or preempted by federal law, or if the construction or validity of a statute is otherwise challenged, the speaker of the assembly, the president of the senate, and the senate majority leader shall also be served with a copy of the proceeding, and the assembly, the senate, and the state legislature are entitled to be heard. If the assembly, the senate, or the joint committee on legislative organization intervenes as provided under s. 803.09 (2m), the assembly shall represent the assembly, the senate shall represent the senate, and the joint committee on legislative organization shall represent the legislature. In any proceeding under this section in which the constitutionality, construction, or application of any provision of ch. 227, or of any statute allowing a legislative committee to suspend, or to delay or prevent the adoption of, a rule as defined in s. 227.01 (13) is placed in issue by the parties, the joint committee for review of administrative rules shall be served with a copy of the petition and, with the approval of the joint committee on legislative organization, shall be made a party and be entitled to be heard. In any proceeding under this section in which the constitutionality, construction, or application of any provision of ch. 13, 20, 111, 227, or 230 or subch. I, III, or IV of ch. 16 or s. 753.075, or of any statute allowing a legislative committee to suspend, or to delay or prevent the adoption of, a rule as defined in s. 227.01 (13) is placed in issue by the parties, the joint committee on legislative organization shall be served with a copy of the petition and the joint committee on legislative organization, the senate committee on organization, or the assembly committee on organization may intervene as a party to the proceedings and be heard.

AB68-SSA1,3080 Section 3080. 808.075 (4) (g) 3. of the statutes is amended to read:

AB68-SSA1,1421,7 808.075 (4) (g) 3. Imposition of sentence upon revocation of probation under s. 973.10 (2) (a) (bm) 2. a.

AB68-SSA1,3081 Section 3081 . 809.13 of the statutes is amended to read:

AB68-SSA1,1421,13 809.13 Rule (Intervention). A person who is not a party to an appeal may file in the court of appeals a petition to intervene in the appeal. A party may file a response to the petition within 11 days after service of the petition. The court may grant the petition upon a showing that the petitioner's interest meets the requirements of s. 803.09 (1), or (2), or (2m).

AB68-SSA1,3082 Section 3082. 813.06 of the statutes is amended to read:

AB68-SSA1,1421,23 813.06 Security for damages. In proceedings under s. 767.225 the court or judge may, and in all other proceedings except proceedings under ss. 813.12, 813.122, 813.124, 813.125 and 823.113 the court or judge shall, require a bond of the party seeking an injunction, with sureties, to the effect that he or she will pay to the party enjoined such damages, not exceeding an amount to be specified, as he or she may sustain by reason of the injunction if the court finally decides that the party was not entitled thereto. Copies of such bond, affidavit or other pleading shall be served upon the party enjoined and the officer serving the same shall, within 8 days after such service, file his or her return in the office of the clerk of the court.

AB68-SSA1,3083 Section 3083. 813.124 of the statutes is created to read:

AB68-SSA1,1422,2 813.124 Extreme risk protection injunctions. (1) Definitions. In this section:

AB68-SSA1,1422,3 (a) “Family or household member” means any of the following:

AB68-SSA1,1422,4 1. A person related by blood, adoption, or marriage to the respondent.

AB68-SSA1,1422,6 2. A person with whom the respondent has or had a dating relationship, as defined in s. 813.12 (1) (ag), or with whom the respondent has a child in common.

AB68-SSA1,1422,8 3. A person who resides with, or within the 6 months before filing a petition, had resided with, the respondent.

AB68-SSA1,1422,9 4. A domestic partner under ch. 770 of the respondent.

AB68-SSA1,1422,12 5. A person who is acting or has acted as the respondent's legal guardian or who is or was a foster parent or other physical custodian described in s. 48.62 (2) of the respondent.

AB68-SSA1,1422,15 6. A person for whom the respondent is acting or has acted as a legal guardian or for whom the respondent is or was the foster parent or other physical custodian described in s. 48.62 (2).

AB68-SSA1,1422,16 (b) “Firearms dealer" has the meaning given in s. 175.35 (1) (ar).

AB68-SSA1,1422,17 (c) “Law enforcement officer” has the meaning given in s. 165.85 (2) (c).

AB68-SSA1,1423,10 (2) Commencement of action and response. (a) No action under this section may be commenced by complaint and summons. An action under this section may be commenced only by a petition described under sub. (4) (a). The action commences with the sheriff serving the petition on the respondent if a copy of the petition is filed before service or promptly after service. If the petitioner files an affidavit with the court stating that personal service by the sheriff under s. 801.11 (1) (a) or (b) was unsuccessful because the respondent is avoiding service by concealment or otherwise, the judge or circuit court commissioner shall inform the petitioner that the petitioner may serve the respondent by publication of a summary of the petition as a class 1 notice, under ch. 985, and by mailing or sending a facsimile if the respondent's post-office address or facsimile number is known or can with due diligence be ascertained. The mailing or sending of a facsimile may be omitted if the post-office address or facsimile number cannot be ascertained with due diligence. A summary of the petition published as a class 1 notice shall include the name of the respondent and of the petitioner, notice of the temporary restraining order, and notice of the date, time, and place of the hearing regarding the injunction. The court shall inform the petitioner in writing that the petitioner should contact the sheriff to verify the proof of service of the petition.

AB68-SSA1,1423,13 (b) Section 813.06 does not apply to an action under this section. The respondent may respond to the petition either in writing before or at the injunction hearing or orally at the injunction hearing.

AB68-SSA1,1423,16 (c) When the respondent is served with the petition under this subsection, the respondent shall be provided notice of the requirements and penalties under s. 941.29.

AB68-SSA1,1423,23 (2m) Two-part procedure. Procedure for an action under this section is in 2 parts. First, if the petitioner requests a temporary restraining order, the court shall issue or refuse to issue that order. Second, the court shall hold a hearing on whether to issue an injunction, which is the final relief, under sub. (3). If the court issues a temporary restraining order, the order shall set forth the date for the hearing on an injunction. If the court does not issue a temporary restraining order, the date for the hearing shall be set upon motion by either party.

AB68-SSA1,1424,4 (2t) Temporary restraining order. (a) A judge or circuit court commissioner shall issue a temporary restraining order prohibiting the respondent from possessing a firearm and ordering the respondent to surrender all of the firearms in the respondent's possession if the judge or circuit court commissioner finds reasonable grounds that the respondent is substantially likely to injure the respondent or another person if the respondent possesses a firearm.

AB68-SSA1,1424,5 (am) The order issued under par. (a) shall require one of the following:

AB68-SSA1,1424,11 1. If the respondent is present at the hearing, the respondent to immediately surrender all firearms in the respondent's possession to the sheriff of the county in which the action under this section was commenced or to the sheriff of the county in which the respondent resides. The sheriff to whom the firearms are surrendered may, at the request of the respondent, arrange for the transfer or sale of the firearms to a firearms dealer.

AB68-SSA1,1424,12 2. One of the following:

AB68-SSA1,1424,17 a. If the respondent is not present at the hearing and the sheriff personally serves the respondent with the order issued under par. (a), the sheriff to require the respondent to immediately surrender all firearms in the respondent's possession. The sheriff may, at the request of the respondent, arrange for the transfer or sale of the firearms to a firearms dealer.

AB68-SSA1,1424,24 b. If the respondent is not present at the hearing and the sheriff does not personally serve the respondent with the order issued under par. (a), the respondent to, within 24 hours of service, surrender all firearms in the respondent's possession to the sheriff or transfer or sell all firearms in the respondent's possession to a firearms dealer. Within 48 hours of service, the respondent shall file with the court that issued the order under par. (a) a receipt from the sheriff or firearms dealer indicating that the respondent surrendered the firearms.

AB68-SSA1,1425,2 (an) 1. The court may schedule a hearing to surrender firearms for any reason relevant to the surrender of firearms.

AB68-SSA1,1425,7 2. If the respondent does not comply with par. (am) or, if applicable, an order issued at a hearing to surrender firearms, or a law enforcement officer has probable cause to believe that the respondent possesses a firearm, the law enforcement officer shall request a search warrant to seize the firearms and may use information contained in the petition to establish probable cause.

AB68-SSA1,1425,10 (b) Notice need not be given to the respondent before issuing a temporary restraining order under this subsection. A temporary restraining order may be entered only against the respondent named in the petition.

AB68-SSA1,1425,18 (c) A temporary restraining order issued under this subsection is in effect until a hearing is held on issuance of an injunction under sub. (3). A judge shall hold a hearing on issuance of an injunction under sub. (3) within 14 days after the temporary restraining order is issued, unless the time is extended once for up to 14 days upon the written consent of the parties or upon a finding that the respondent has not been served with a copy of the temporary restraining order although the petitioner has exercised due diligence. A judge may not extend the temporary restraining order in lieu of ruling on the issuance of an injunction.

AB68-SSA1,1425,23 (d) The judge or circuit court commissioner shall advise the petitioner of the right to serve the respondent the petition by published notice if with due diligence the respondent cannot be served as provided under s. 801.11 (1) (a) or (b). The clerk of the circuit court shall assist the petitioner with the preparation of the notice and filing of the affidavit of printing.

AB68-SSA1,1426,2 (3) Injunction. (a) A judge may grant an injunction prohibiting the respondent from possessing a firearm and, if the respondent was not subject to a temporary restraining order under sub. (2t), ordering the respondent to surrender all firearms in the respondent's possession if all of the following occur:

AB68-SSA1,1426,4 1. The petitioner files a petition alleging the elements set forth under sub. (4) (a).

AB68-SSA1,1426,8 2. The petitioner serves upon the respondent a copy or summary of the petition and notice of the time for hearing on the issuance of the injunction, or the respondent serves upon the petitioner notice of the time for hearing on the issuance of the injunction.

AB68-SSA1,1426,11 3. The judge finds by clear and convincing evidence that the respondent is substantially likely to injure himself or herself or another person if the respondent possesses a firearm.

AB68-SSA1,1426,13 (b) The judge may enter an injunction only against the respondent named in the petition.

AB68-SSA1,1426,16 (c) 1. Unless a judge vacates the injunction under par. (d), an injunction under this subsection is effective for a period determined by the judge that is no longer than one year.

AB68-SSA1,1426,20 2. When an injunction expires, the court shall extend the injunction, upon petition, for up to one year if the judge finds by clear and convincing evidence that the respondent is still substantially likely to injure himself or herself or another person if the respondent possesses a firearm.

AB68-SSA1,1427,2 (d) A respondent who is subject to an injunction issued under this subsection may request in writing a judge to vacate the injunction one time during any injunction period. If a respondent files a request under this paragraph, the petitioner shall be notified of the request before the judge considers the request. The judge shall vacate the injunction if the respondent demonstrates by clear and convincing evidence that the respondent is no longer substantially likely to injure himself or herself or another person if the respondent possesses a firearm.

AB68-SSA1,1427,4 (e) An injunction issued under this subsection shall inform the respondent named in the petition of the requirements and penalties under s. 941.29.

AB68-SSA1,1427,5 (4) Petition. (a) The petition shall allege facts sufficient to show the following:

AB68-SSA1,1427,7 1. The name of the petitioner and, unless the petitioner is a law enforcement officer, how the petitioner is a family or household member of the respondent.

AB68-SSA1,1427,8 2. The name of the respondent.

AB68-SSA1,1427,10 3. That the respondent is substantially likely to injure himself or herself or another person if the respondent possesses a firearm.

AB68-SSA1,1427,12 4. If the petitioner knows, the number, types, and locations of any firearms that the respondent possesses.

AB68-SSA1,1427,14 (b) The clerk of the circuit court shall provide simplified forms to help a person file a petition.

AB68-SSA1,1427,15 (c) Only the following persons may file a petition under this section:

AB68-SSA1,1427,16 1. A law enforcement officer.

AB68-SSA1,1427,17 2. A family or household member of the respondent.

AB68-SSA1,1427,25 (5) Enforcement assistance. (a) 1. If an injunction is issued, extended, or vacated under sub. (3), the clerk of the circuit court shall notify the department of justice of the action and shall provide the department of justice with information concerning the period during which the injunction is in effect or the date on which the injunction is vacated and with information necessary to identify the respondent for purposes of responding to a request under s. 165.63 or for purposes of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).

AB68-SSA1,1428,4 2. Except as provided in subd. 3., the department of justice may disclose information that it receives under subd. 1. only to respond to a request under s. 165.63 or as part of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).

AB68-SSA1,1428,7 3. The department of justice shall disclose any information that it receives under subd. 1. to a law enforcement agency when the information is needed for law enforcement purposes.

AB68-SSA1,1428,12 (b) Within one business day after an injunction is issued, extended, or vacated under this section, the clerk of the circuit court shall send a copy of the injunction, or of the order extending or vacating an injunction, to the sheriff or to any other local law enforcement agency which is the central repository for injunctions and which has jurisdiction over the petitioner's premises.

AB68-SSA1,1428,20 (c) No later than 24 hours after receiving the information under par. (b), the sheriff or other appropriate local law enforcement agency under par. (b) shall enter the information concerning an injunction issued, extended, or vacated under this section into the transaction information for management of enforcement system. The sheriff or other appropriate local law enforcement agency shall also make available to other law enforcement agencies, through a verification system, information on the existence and status of any injunction issued under this section. The information need not be maintained after the injunction is no longer in effect.

AB68-SSA1,1428,22 (d) 1. The court may schedule a hearing to surrender firearms for any reason relevant to the surrender of firearms.

AB68-SSA1,1429,2 2. If the respondent does not comply with an order issued at a hearing to surrender firearms, or a law enforcement officer has probable cause to believe that the respondent possesses a firearm, the law enforcement officer shall request a search warrant to seize the firearms and may use information contained in the petition to establish probable cause.

AB68-SSA1,1429,5 (6) Penalty for false swearing. Whoever files a petition under this section for an injunction knowing the information in the petition to be false is subject to prosecution for false swearing under s. 946.32 (1), a Class H felony.