AB68: Bill Text

AB68,3079 Section 3079 . 822.40 (4) of the statutes is amended to read:

AB68,1626,7 822.40 (4) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife between spouses or parent and child may not be invoked in a proceeding under this subchapter.

AB68,3080 Section 3080 . 851.30 (2) (a) of the statutes is amended to read:

AB68,1626,13 851.30 (2) (a) An individual who obtains or consents to a final decree or judgment of divorce from the decedent or an annulment of their marriage, if the decree or judgment is not recognized as valid in this state, unless they subsequently participate in a marriage ceremony purporting to marry each other or they subsequently hold themselves out as husband and wife married to each other.

AB68,3081 Section 3081 . 852.01 (1) (f) 1. of the statutes is amended to read:

AB68,1626,18 852.01 (1) (f) 1. One-half to the maternal grandparents on one side equally if both survive, or to the surviving maternal grandparent on that side; if both maternal grandparents on that side are deceased, to the issue of the maternal grandparents on that side or either of them, per stirpes.

AB68,3082 Section 3082 . 852.01 (1) (f) 2. of the statutes is amended to read:

AB68,1626,21 852.01 (1) (f) 2. One-half to the paternal relations on the other side in the same manner as to the maternal relations under subd. 1.

AB68,3083 Section 3083 . 852.01 (1) (f) 3. of the statutes is amended to read:

AB68,1626,25 852.01 (1) (f) 3. If either the maternal side or the paternal side has no surviving grandparent or issue of a grandparent, the entire estate to the decedent's relatives on the other side.

AB68,3084 Section 3084. 854.03 (3) of the statutes is amended to read:

AB68,1627,8 854.03 (3) Marital property. Except as provided in subs. (4) and (5), if a husband and wife 2 spouses die leaving marital property and it is not established that one survived the other by at least 120 hours, 50 percent of the marital property shall be distributed as if it were the husband's the first spouse's individual property and the husband 2nd spouse had survived, and 50 percent of the marital property shall be distributed as if it were the wife's 2nd spouse's individual property and the wife first spouse had survived.

AB68,3085 Section 3085 . 891.39 (title) of the statutes is amended to read:

AB68,1627,11 891.39 (title) Presumption as to whether a child is marital or nonmarital; self-crimination self-incrimination; birth certificates.

AB68,3086 Section 3086 . 891.39 (1) (a) of the statutes is amended to read:

AB68,1628,2 891.39 (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).

AB68,3087 Section 3087 . 891.39 (1) (b) of the statutes is amended to read:

AB68,1628,11 891.39 (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).

AB68,3088 Section 3088 . 891.39 (3) of the statutes is amended to read:

AB68,1628,19 891.39 (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.

AB68,3089 Section 3089 . 891.40 (1) of the statutes is renumbered 891.40 (1) (a) and amended to read:

AB68,1629,3 891.40 (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.

AB68,1629,10 (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.

AB68,1629,12 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,

AB68,1629,14 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.

AB68,1629,18 (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.

AB68,3090 Section 3090 . 891.40 (1) (b) of the statutes is created to read:

AB68,1629,21 891.40 (1) (b) The artificial insemination under par. (a) must satisfy any of the following:

AB68,1629,23 1. The artificial insemination takes place under the supervision of a licensed physician.

AB68,1629,24 2. The semen used for the insemination is obtained from a sperm bank.

AB68,3091 Section 3091 . 891.40 (2) of the statutes is amended to read:

AB68,1630,4 891.40 (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.

AB68,3092 Section 3092 . 891.40 (3) of the statutes is created to read:

AB68,1630,8 891.40 (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.

AB68,3093 Section 3093 . 891.405 of the statutes is amended to read:

AB68,1630,14 891.405 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).

AB68,3094 Section 3094 . 891.407 of the statutes is amended to read:

AB68,1630,20 891.407 Presumption of paternity based on genetic test results. A man is presumed to be the natural father of a child if the man has been conclusively determined from genetic test results to be the father under s. 767.804 and no other man person is presumed to be the father natural parent under s. 891.405 or 891.41 (1).

AB68,3095 Section 3095 . 891.41 (title) of the statutes is amended to read:

AB68,1630,23 891.41 (title) Presumption of paternity parentage based on marriage of the parties.

AB68,3096 Section 3096 . 891.41 (1) (intro.) of the statutes is amended to read:

AB68,1631,2 891.41 (1) (intro.) A man person is presumed to be the natural father parent of a child if any of the following applies:

AB68,3097 Section 3097 . 891.41 (1) (a) of the statutes is amended to read:

AB68,1631,7 891.41 (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.

AB68,3098 Section 3098 . 891.41 (1) (b) of the statutes is renumbered 891.41 (1) (b) (intro.) and amended to read:

AB68,1631,14 891.41 (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:

AB68,1631,15 1. No person has been adjudicated to be the father or.

AB68,1631,17 2. No other person is presumed to be the father parent of the child under par. (a).

AB68,3099 Section 3099 . 891.41 (2) of the statutes is amended to read:

AB68,1631,25 891.41 (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).

AB68,3100 Section 3100. 891.41 (3) of the statutes is created to read:

AB68,1632,3 891.41 (3) This section applies with respect to children born before, on, or after the effective date of this subsection .... [LRB inserts date].

AB68,3101 Section 3101 . Subchapter VIII (title) of chapter 893 [precedes 893.80] of the statutes is amended to read:

AB68,1632,6 CHAPTER 893

AB68,1632,10 SUBCHAPTER VIII CLAIMS AGAINST GOVERNMENTAL BODIES, OFFICERS AND EMPLOYEES; STATUTORY CHALLENGES

AB68,3102 Section 3102 . 893.825 of the statutes is repealed.

AB68,3103 Section 3103 . 893.9815 of the statutes is created to read:

AB68,1632,15 893.9815 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.

AB68,3104 Section 3104 . 895.440 of the statutes is created to read:

AB68,1632,20 895.440 Unnecessarily summoning officer; action for. (1) A person may bring a civil cause of action for damages against another person who, with the intent to do any of the following, knowingly causes a law enforcement officer to arrive at a location to contact the person:

AB68,1632,22 (a) Infringe upon a right of the person under the Wisconsin Constitution or the U.S. Constitution.

AB68,1632,23 (b) Unlawfully discriminate against the person.

AB68,1632,24 (c) Cause the person to feel harassed, humiliated, or embarrassed.

AB68,1633,2 (d) Cause the person to be expelled from a place in which the person is lawfully located.

AB68,1633,3 (e) Damage the person's reputation or standing within the community.

AB68,1633,5 (f) Damage the person's financial, economic, consumer, or business prospects or interests.

AB68,1633,7 (2) The burden of proof in a civil action under sub. (1) rests with the plaintiff to prove his or her case by a preponderance of the credible evidence.

AB68,1633,12 (3) If the plaintiff prevails in a civil action under sub. (1), he or she may recover the greater of special and general damages, including damages for emotional distress, or an amount equal to $250 from each defendant found liable; punitive damages; and costs, including all reasonable attorney fees and other costs of the investigation and litigation that were reasonably incurred.

AB68,3105 Section 3105 . 895.48 (1m) (a) (intro.) of the statutes is amended to read:

AB68,1633,25 895.48 (1m) (a) (intro.) Except as provided in par. (b), any physician, physician assistant, podiatrist, or athletic trainer licensed under ch. 448, chiropractor licensed under ch. 446, dentist or dental therapist licensed under ch. 447, emergency medical services practitioner licensed under s. 256.15, emergency medical responder certified under s. 256.15 (8), registered nurse licensed under ch. 441, or a massage therapist or bodywork therapist licensed under ch. 460 who renders voluntary health care to a participant in an athletic event or contest sponsored by a nonprofit corporation, as defined in s. 66.0129 (6) (b), a private school, as defined in s. 115.001 (3r), a tribal school, as defined in s. 115.001 (15m), a public agency, as defined in s. 46.856 (1) (b), or a school, as defined in s. 609.655 (1) (c), is immune from civil liability for his or her acts or omissions in rendering that care if all of the following conditions exist:

AB68,3106 Section 3106. 895.48 (1m) (a) 2. of the statutes is amended to read:

AB68,1634,6 895.48 (1m) (a) 2. The physician, podiatrist, athletic trainer, chiropractor, dentist, dental therapist, emergency medical services practitioner, as defined in s. 256.01 (5), emergency medical responder, as defined in s. 256.01 (4p), physician assistant, registered nurse, massage therapist or bodywork therapist does not receive compensation for the health care, other than reimbursement for expenses.

AB68,3107 Section 3107 . 895.483 (4) of the statutes is amended to read:

AB68,1634,13 895.483 (4) A regional structural collapse team An urban search and rescue task force, a member of such a team task force, and a local agency, as defined in s. 323.70 (1) (b), that contracts with the division of emergency management in the department of military affairs for the provision of a regional structural collapse team emergency services, are immune from civil liability for acts or omissions related to carrying out responsibilities under a contract under s. 323.72 (1).

AB68,3108 Section 3108 . 895.537 of the statutes is created to read:

AB68,1634,16 895.537 Liability exemption; sexual assault evidence collection. (1) In this section:

AB68,1634,17 (a) “Health care professional” has the meaning given in s. 154.01 (3).

AB68,1634,19 (b) “Sexual assault forensic examination” has the meaning given in s. 165.775 (1) (d).

AB68,1634,23 (2) Any health care professional conducting a sexual assault forensic examination pursuant to informed consent or a court order is immune from any civil or criminal liability for the act, except for civil liability for negligence in the performance of the act.

AB68,1635,3 (3) Any employer of the health care professional under sub. (2) or any health care facility where the sexual assault forensic examination is conducted by that health care professional has the same immunity from liability under sub (2).

AB68,3109 Section 3109 . 905.05 (title) of the statutes is amended to read:

AB68,1635,5 905.05 (title) Husband-wife Spousal and domestic partner privilege.

AB68,3110 Section 3110 . 911.01 (4) (c) of the statutes is amended to read:

AB68,1635,15 911.01 (4) (c) Miscellaneous proceedings. Proceedings for extradition or rendition; sentencing, granting or revoking probation, modification of a bifurcated sentence under s. 302.113 (9g), or adjustment of a bifurcated sentence under s. 973.01 (5m), 973.195 (1r) or 973.198; issuance of subpoenas or warrants under s. 968.375, arrest warrants, criminal summonses, and search warrants; hearings under s. 980.09 (2); proceedings under s. 971.14 (1r) (c); proceedings with respect to pretrial release under ch. 969 except where habeas corpus is utilized with respect to release on bail or as otherwise provided in ch. 969; or proceedings under s. 165.76 (6) to compel provision of a biological specimen for deoxyribonucleic acid analysis.

AB68,3111 Section 3111 . 938.02 (1) of the statutes is amended to read:

AB68,1635,20 938.02 (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.

AB68,3112 Section 3112. 938.02 (3m) of the statutes is amended to read:

AB68,1635,25 938.02 (3m) “Delinquent" means a juvenile who is 10 12 years of age or older who has violated any state or federal criminal law, except as provided in ss. 938.17, 938.18 and 938.183, or who has committed a contempt of court, as defined in s. 785.01 (1), as specified in s. 938.355 (6g).

AB68,3113 Section 3113. 938.02 (4) of the statutes is amended to read: