LRB-4411/2
EHS&EAW:cdc
2019 - 2020 LEGISLATURE
December 19, 2019 - Introduced by Senators Jacque and Nass, cosponsored by
Representatives Brandtjen, Sinicki and Thiesfeldt. Referred to Committee
on Universities, Technical Colleges, Children and Families.
SB634,1,4
1An Act to renumber and amend 48.42 (2m) (a); and
to create 48.42 (2m) (a)
21. c. of the statutes;
relating to: the exception to the requirement to give notice
3of a termination of parental rights proceeding to an alleged father based on
4sexual assault.
Analysis by the Legislative Reference Bureau
Current law requires that notice of a termination of parental rights proceeding
be given to certain persons, including to a person who is or may be the father of the
child. Notice is not required to be given to a person who may be the father of a child
conceived as a result of a sexual assault, as evidenced by a physician who attests that
he or she believes that such a sexual assault occurred or by the father's conviction
for a sexual assault that may have led to the child's conception. This bill adds that
this exception to the notice requirement also applies if the court determines that the
person is the father of the child as a result of sexual assault based upon an allegation
and evidence presented by the birth mother.
The bill also removes a provision under current law that the notice exception
does not apply to a person who may be the father of a child conceived as a result of
first or second degree sexual assault of a child if he was under 18 years of age at the
time of the sexual assault. Under current law, a person who has not attained the age
of 19 and has sexual intercourse with a child who is at least 15 years old is guilty of
underage sexual activity. Under the bill, the notice exception does not apply to a
person who may be the father of a child conceived as a result of a third degree sexual
assault, if that sexual assault constituted underage sexual activity
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB634,1
1Section
1. 48.42 (2m) (a) of the statutes is renumbered 48.42 (2m) (a) 1. (intro.)
2and amended to read:
SB634,2,63
48.42
(2m) (a) 1. (intro.)
Except as provided in this paragraph, notice Notice 4is not required to be given to a person who may be the father of a child conceived as
5a result of a sexual assault in violation of s. 940.225 (1), (2) or (3), 948.02 (1) or (2),
6948.025, or 948.085 if
a any of the following apply:
SB634,2,8
7a. A physician attests to his or her belief that a sexual assault as specified in
8this paragraph has occurred
or if the.
SB634,2,11
9b. The person who may be the father of the child has been convicted of sexual
10assault as specified in this
paragraph subdivision for conduct which may have led
11to the child's conception.
SB634,2,15
122. A person who under this
paragraph subdivision is not given notice does not
13have standing to appear and contest a petition for the termination of his parental
14rights, present evidence relevant to the issue of disposition, or make alternative
15dispositional recommendations.
This paragraph
SB634,2,19
163. Subdivision 1. does not apply to a person who may be the father of a child
17conceived as a result of a sexual assault in violation of s.
948.02 (1) or (2) if that person
18was under 18 years of age at the time of the sexual assault
940.225 (3) if s. 948.093
19applies.
SB634,2
20Section
2. 48.42 (2m) (a) 1. c. of the statutes is created to read:
SB634,3,4
148.42
(2m) (a) 1. c. The court determines that notice to a person who may be
2the father of the child is not required, based upon an allegation and evidence
3presented by the birth mother that the person is the father as a result of sexual
4assault as specified in this paragraph.
