LRB-1773/1
SWB:amn
2021 - 2022 LEGISLATURE
February 11, 2021 - Introduced by Senators Jacque and Ballweg, cosponsored by
Representatives Brooks, Armstrong, Brandtjen, Dittrich, Kuglitsch,
Murphy, Mursau, Skowronski, Tusler and Wichgers. Referred to Committee
on Judiciary and Public Safety.
SB106,1,2
1An Act to create 767.135 of the statutes;
relating to: judicial notice of certain
2court records relating to domestic violence or child abuse.
Analysis by the Legislative Reference Bureau
This bill allows a court in an action affecting the family to take judicial notice
of certain records relating to domestic violence.
Under current law, certain aspects of family law proceedings are modified if a
court finds that a parent has engaged in a pattern or serious incident of interspousal
battery or domestic abuse. If a guardian ad litem is appointed for a child in an action
affecting the family, the guardian ad litem is required to investigate whether there
is evidence that either parent engaged in interspousal battery or domestic abuse and
must report the results of the investigation to the court.
The bill specifies that in a family law action in which the parties have a minor
child, a court may take judicial notice of records available on the Internet site of the
consolidated court automation programs, commonly referred to as CCAP, relating to
certain convictions and restraining orders between the parties. Under the bill, the
court may take judicial notice of records available on CCAP relating to 1) a conviction
of a parent for a crime that is subject to the statutory domestic abuse surcharge and
is committed against the other parent, including battery, stalking, sexual assault,
damage to property, disorderly conduct, and other specified crimes; 2) a conviction
of a parent for a crime against a child that is committed against a child of the parties;
or 3) an injunction issued against a parent if the injunction was requested by the
other parent, for a domestic abuse or harassment restraining order.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB106,1
1Section 1
. 767.135 of the statutes is created to read:
SB106,2,6
2767.135 Judicial notice. (1) In this section, “Wisconsin Circuit Court Access
3Internet site" means the Internet site of the consolidated court automation
4programs, which is the statewide electronic circuit court case management system
5established under s. 758.19 (4) and maintained by the director of state courts, that
6provides information regarding the cases filed in the circuit courts.
SB106,2,10
7(2) In an action affecting the family in which the parties have a minor child,
8the court assigned to exercise jurisdiction in the action may take judicial notice of any
9court record available on the Wisconsin Circuit Court Access Internet site relating
10to any of the following:
SB106,2,1211
(a) A conviction of a party for a crime committed against the other party that
12is subject to the domestic abuse surcharge under s. 973.055 (1).
SB106,2,1413
(b) A conviction of a party for a crime committed against a child of the parties
14under ch. 948.
SB106,2,1615
(c) An injunction issued against a party under s. 813.12 or 813.125, if the
16injunction was requested by the other party.
