EHS:kjf
2019 - 2020 LEGISLATURE
August 14, 2019 - Introduced by Senators Bewley and Stroebel, cosponsored by
Representatives B. Meyers, Snyder, Doyle, Anderson, Kolste and Novak.
Referred to Committee on Judiciary and Public Safety.
SB352,1,5
1An Act to renumber and amend 48.415 (8); and
to create 48.415 (8) (a) 4. and
248.415 (8) (b) of the statutes;
relating to: attempted homicide of a parent as
3a ground for involuntary termination of parental rights and evidence necessary
4to support homicide or attempted homicide of a parent as a ground for
5involuntary termination of parental rights.
Analysis by the Legislative Reference Bureau
This bill adds attempted homicide of a child's parent as a ground for
involuntarily terminating a person's parental rights to the child and allows the
ground of homicide or attempted homicide of a parent to be based on evidence
produced at a fact-finding hearing, not only a judgment of conviction.
Under current law, in a proceeding for involuntary termination of parental
rights (TPR), the court assigned to exercise jurisdiction under the Children's Code
must determine whether grounds exist for TPR. One of the grounds for TPR under
current law is that the person whose parental rights are sought to be terminated has
been convicted of first-degree or second-degree intentional homicide, first-degree
reckless homicide, or solicitation to commit first-degree intentional homicide and
the child's parent was the victim or intended victim. This bill adds attempted
first-degree or second-degree intentional homicide of a parent to this ground. The
bill also adds that, with respect to first-degree or second-degree intentional
homicide, reckless homicide, or attempted homicide of a parent, the evidence
necessary to prove the ground includes evidence produced at the TPR fact-finding
hearing that the person committed or attempted homicide of the parent as an
alternative to a judgment of conviction.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB352,1
1Section
1. 48.415 (8) of the statutes is renumbered 48.415 (8) (intro.) and
2amended to read:
SB352,2,53
48.415
(8) Homicide, attempted homicide, or solicitation to commit homicide
4of parent. (intro.) Homicide
, attempted homicide, or solicitation to commit homicide
5of a parent, which shall be established by proving
that all of the following:
SB352,2,7
6(a) That a parent of the child has been a victim of
first-degree any of the
7following:
SB352,2,8
81. First-degree intentional homicide in violation of s. 940.01
, first-degree.
SB352,2,9
92. First-degree reckless homicide in violation of s. 940.02
or 2nd-degree.
SB352,2,12
103. Second-degree intentional homicide in violation of s. 940.05
or a crime under
11federal law or the law of any other state that is comparable to any of those crimes,
12or has been the intended victim of a .
SB352,2,14
135. A solicitation to commit first-degree intentional homicide in violation of s.
14939.30
or a .
SB352,2,16
156. A crime under federal law or the law of any other state that is comparable
16to
that a crime
, and that under subds. 1. to 5.
SB352,2,21
17(c) If a parent has been a victim of a crime described under par. (a) 5. or a
18comparable crime under federal law or the law of any other state, the person whose
19parental rights are sought to be terminated has been convicted of that
intentional
20or reckless homicide, solicitation or
comparable crime
under federal law or the law
21of any other state as evidenced by a final judgment of conviction.
SB352,2
1Section
2. 48.415 (8) (a) 4. of the statutes is created to read:
SB352,3,32
48.415
(8) (a) 4. An attempt to commit first-degree intentional homicide or
32nd-degree intentional homicide in violation of s. 939.32.
SB352,3
4Section 3
. 48.415 (8) (b) of the statutes is created to read:
SB352,3,115
48.415
(8) (b) If the parent has been a victim of a crime described under par.
6(a) 1., 2., 3., or 4. or a comparable crime under federal law or the law of any other state,
7the person whose parental rights are sought to be terminated has committed that
8intentional, reckless, or attempted homicide or comparable crime as evidenced by a
9final judgment of conviction or other evidence produced at a fact-finding hearing
10under s. 48.424 indicating that the person committed or attempted homicide of a
11parent as described in this subsection.