AB314: Bill Text

AB314,325 Section 325. 938.02 (13) of the statutes is amended to read:

AB314,150,16 938.02 (13) “Parent” means a biological natural parent, a husband who has consented to the artificial insemination of his wife under s. 891.40, or a parent by adoption. If the juvenile is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803, “parent” includes a person conclusively determined from genetic test results to be the father parent under s. 767.804 or a person acknowledged under s. 767.805 or a substantially similar law of another state or adjudicated to be the biological father natural parent. “Parent” does not include any person whose parental rights have been terminated. For purposes of the application of s. 938.028 and the federal Indian Child Welfare Act, 25 USC 1901 to 1963, “parent” means a biological natural parent of an Indian child, an Indian husband spouse who has consented to the artificial insemination of his wife or her spouse under s. 891.40, or an Indian person who has lawfully adopted an Indian juvenile, including an adoption under tribal law or custom, and includes, in the case of a nonmarital Indian child who is not adopted or whose parents do not subsequently intermarry under s. 767.803, a person conclusively determined from genetic test results to be the father parent under s. 767.804, a person acknowledged under s. 767.805, a substantially similar law of another state, or tribal law or custom to be the biological father natural parent, or a person adjudicated to be the biological father natural parent, but does not include any person whose parental rights have been terminated.

AB314,326 Section 326. 938.27 (3) (b) of the statutes is amended to read:

AB314,150,22 938.27 (3) (b) 1. Except as provided in subd. 2., if the petition that was filed relates to facts concerning a situation under s. 938.13 and if the juvenile is a nonmarital child who is not adopted or whose parents do not subsequently intermarry as provided under s. 767.803 and if paternity parentage has not been established, the court shall notify, under s. 938.273, all of the following persons:

AB314,151,2 a. A person who has filed a declaration of paternal parental interest under s. 48.025.

AB314,151,5 b. A person alleged to the court to be the father parent of the juvenile or who may, based on the statements of the mother person who gave birth to the child or other information presented to the court, be the father parent of the juvenile.

AB314,151,10 2. A court is not required to provide notice, under subd. 1., to any person who may be the father parent of a juvenile conceived as a result of a sexual assault if a physician attests to his or her belief that there was a sexual assault of the juvenile’s mother person who gave birth to the juvenile that may have resulted in the juvenile’s conception.

AB314,327 Section 327. 938.27 (5) of the statutes is amended to read:

AB314,151,19 938.27 (5) Notice to biological fathers parents. Subject to sub. (3) (b), the court shall make reasonable efforts to identify and notify any person who has filed a declaration of paternal parental interest under s. 48.025, any person conclusively determined from genetic test results to be the father parent under s. 767.804 (1), any person who has acknowledged paternity parentage of the child under s. 767.805 (1), and any person who has been adjudged to be the father parent of the juvenile in a judicial proceeding unless the person’s parental rights have been terminated.

AB314,328 Section 328. 938.299 (6) (intro.) of the statutes is amended to read:

AB314,152,3 938.299 (6) Establishment of paternity when man alleges paternity parentage. (intro.) If a man person who has been given notice under s. 938.27 (3) (b) 1. appears at any hearing for which he the person received the notice, alleges that he is the father to be the parent of the juvenile, and states that he wishes requests to establish the paternity parentage of the juvenile, all of the following apply:

AB314,329 Section 329. 938.299 (6) (e) 1., 2., 3. and 4. of the statutes are amended to read:

AB314,152,10 938.299 (6) (e) 1. In this paragraph, “genetic test” means a test that examines genetic markers present on blood cells, skin cells, tissue cells, bodily fluid cells or cells of another body material for the purpose of determining the statistical probability that a man person who is alleged to be a juvenile’s father parent is the juvenile’s biological father parent.

AB314,152,13 2. The court shall, at the hearing, orally inform any man person specified in sub. (6) (intro.) that he the person may be required to pay for any testing ordered by the court under this paragraph or under s. 885.23.

AB314,153,3 3. In addition to ordering testing as provided under s. 885.23, if the court determines that it would be in the best interests of the juvenile, the court may order any man person specified in sub. (6) (intro.) to submit to one or more genetic tests which shall be performed by an expert qualified as an examiner of genetic markers present on the cells and of the specific body material to be used for the tests, as appointed by the court. A report completed and certified by the court-appointed expert stating genetic test results and the statistical probability that the man alleged to be the juvenile’s father parent is the juvenile’s biological father parent based upon the genetic tests is admissible as evidence without expert testimony and may be entered into the record at any hearing. The court, upon request by a party, may order that independent tests be performed by other experts qualified as examiners of genetic markers present on the cells of the specific body materials to be used for the tests.

AB314,153,9 4. If the genetic tests show that an alleged father parent is not excluded and that the statistical probability that the alleged father parent is the juvenile’s biological father parent is 99.0 percent or higher, the court may determine that for purposes of a proceeding under this chapter or ch. 48, other than a proceeding under subch. VIII of ch. 48, the man alleged parent is the juvenile’s biological parent.

AB314,330 Section 330. 938.299 (7) and (8) of the statutes are amended to read:

AB314,153,19 938.299 (7) Establishment of paternity parentage when no man person alleges paternity parentage. If a man person who has been given notice under s. 938.27 (3) (b) 1. appears at any hearing for which he the person received the notice but does not allege that he is the father to be the parent of the juvenile and state that he wishes to establish the paternity parentage of the juvenile or if no man person to whom such notice was given appears at a hearing, the court may refer the matter to the state or to the attorney responsible for support enforcement under s. 59.53 (6) (a) for a determination, under s. 767.80, of whether an action should be brought for the purpose of determining the paternity parentage of the juvenile.

AB314,154,2 (8) Testimony of juvenile’s mother person who gave birth to a juvenile relating to paternity parentage. As part of the proceedings under this chapter, the court may order that a record be made of any testimony of the juvenile’s mother person who gave birth to the juvenile relating to the juvenile’s paternity parentage. A record made under this subsection is admissible in a proceeding to determine the juvenile’s paternity parentage under subch. IX of ch. 767.

AB314,331 Section 331. 938.355 (4g) (a) 1. of the statutes is amended to read:

AB314,154,10 938.355 (4g) (a) 1. The juvenile’s parents are parties to a pending action for divorce, annulment, or legal separation, a man person determined under s. 938.299 (6) (e) 4. to be the biological father parent of the juvenile for purposes of a proceeding under this chapter is a party to a pending action to determine paternity parentage of the juvenile under ch. 767, or the juvenile is the subject of a pending independent action under s. 767.41 or 767.43 to determine legal custody of the juvenile or visitation rights with respect to the juvenile.

AB314,332 Section 332. 939.24 (1) of the statutes is amended to read:

AB314,154,18 939.24 (1) In this section, “criminal recklessness” means that the actor creates an unreasonable and substantial risk of death or great bodily harm to another human being and the actor is aware of that risk, except that for purposes of ss. 940.02 (1m), 940.06 (2) and 940.23 (1) (b) and (2) (b), “criminal recklessness” means that the actor creates an unreasonable and substantial risk of death or great bodily harm to an unborn child, to the woman person who is pregnant with that unborn child, or to another and the actor is aware of that risk.

AB314,333 Section 333. 939.25 (1) of the statutes is amended to read:

AB314,155,4 939.25 (1) In this section, “criminal negligence” means ordinary negligence to a high degree, consisting of conduct that the actor should realize creates a substantial and unreasonable risk of death or great bodily harm to another, except that for purposes of ss. 940.08 (2), 940.10 (2) and 940.24 (2), “criminal negligence” means ordinary negligence to a high degree, consisting of conduct that the actor should realize creates a substantial and unreasonable risk of death or great bodily harm to an unborn child, to the woman person who is pregnant with that unborn child, or to another.

AB314,334 Section 334. 940.01 (1) (b) of the statutes is amended to read:

AB314,155,8 940.01 (1) (b) Except as provided in sub. (2), whoever causes the death of an unborn child with intent to kill that unborn child, kill the woman person who is pregnant with that unborn child, or kill another is guilty of a Class A felony.

AB314,335 Section 335. 940.02 (1m) of the statutes is amended to read:

AB314,155,13 940.02 (1m) Whoever recklessly causes the death of an unborn child under circumstances that show utter disregard for the life of that unborn child, the woman person who is pregnant with that unborn child, or another is guilty of a Class B felony.

AB314,336 Section 336. 940.05 (2g) (intro.) of the statutes is amended to read:

AB314,155,17 940.05 (2g) (intro.) Whoever causes the death of an unborn child with intent to kill that unborn child, kill the woman person who is pregnant with that unborn child or kill another is guilty of a Class B felony if:

AB314,337 Section 337. 940.05 (2h) of the statutes is amended to read:

AB314,155,22 940.05 (2h) In prosecutions under sub. (2g), it is sufficient to allege and prove that the defendant caused the death of an unborn child with intent to kill that unborn child, kill the woman person who is pregnant with that unborn child, or kill another.

AB314,338 Section 338. 940.195 (1) of the statutes is amended to read:

AB314,156,3 940.195 (1) Whoever causes bodily harm to an unborn child by an act done with intent to cause bodily harm to that unborn child, to the woman person who is pregnant with that unborn child, or another is guilty of a Class A misdemeanor.

AB314,339 Section 339. 940.195 (2) of the statutes is amended to read:

AB314,156,7 940.195 (2) Whoever causes substantial bodily harm to an unborn child by an act done with intent to cause bodily harm to that unborn child, to the woman person who is pregnant with that unborn child, or another is guilty of a Class I felony.

AB314,340 Section 340. 940.195 (4) of the statutes is amended to read:

AB314,156,11 940.195 (4) Whoever causes great bodily harm to an unborn child by an act done with intent to cause bodily harm to that unborn child, to the woman person who is pregnant with that unborn child, or another is guilty of a Class H felony.

AB314,341 Section 341. 940.195 (5) of the statutes is amended to read:

AB314,156,16 940.195 (5) Whoever causes great bodily harm to an unborn child by an act done with intent to cause great bodily harm to that unborn child, to the woman person who is pregnant with that unborn child, or another is guilty of a Class E felony.

AB314,342 Section 342. 940.23 (1) (b) of the statutes is amended to read:

AB314,156,21 940.23 (1) (b) Whoever recklessly causes great bodily harm to an unborn child under circumstances that show utter disregard for the life of that unborn child, the woman person who is pregnant with that unborn child, or another is guilty of a Class D felony.

AB314,343 Section 343. 943.20 (2) (c) of the statutes is amended to read:

AB314,157,2 943.20 (2) (c) “Property of another” includes property in which the actor is a co-owner and property of a partnership of which the actor is a member, unless the actor and the victim are husband and wife married to each other.

AB314,344 Section 344. 943.201 (1) (b) 8. of the statutes is amended to read:

AB314,157,5 943.201 (1) (b) 8. The maiden name surname of an individual’s mother parent before marriage if the surname was changed as a result of marriage.

AB314,345 Section 345. 943.205 (2) (b) of the statutes is amended to read:

AB314,157,9 943.205 (2) (b) “Owner” includes a co-owner of the person charged and a partnership of which the person charged is a member, unless the person charged and the victim are husband and wife married to each other.

AB314,346 Section 346. 944.17 (3) of the statutes is amended to read:

AB314,157,12 944.17 (3) Subsection (2) does not apply to a mother’s breast-feeding person’s breastfeeding of her that person’s child.

AB314,347 Section 347. 944.20 (2) of the statutes is amended to read:

AB314,157,15 944.20 (2) Subsection (1) does not apply to a mother’s breast-feeding person’s breastfeeding of her that person’s child.

AB314,348 Section 348. 948.10 (2) (b) of the statutes is amended to read:

AB314,157,18 948.10 (2) (b) A mother’s breast-feeding person’s breastfeeding of her that person’s child.

AB314,349 Section 349. 948.31 (2) of the statutes is amended to read:

AB314,158,4 948.31 (2) Whoever causes a child to leave, takes a child away or withholds a child for more than 12 hours from the child’s parents or, in the case of a nonmarital child whose parents do not subsequently intermarry under s. 767.803, from the child’s mother or, if he has been granted legal custody, the child’s father a parent with legal custody of the child, without the consent of the parents, the mother or the father or the parent with legal custody, is guilty of a Class I felony. This subsection is not applicable if legal custody has been granted by court order to the person taking or withholding the child.

AB314,350 Section 350. 990.01 (19j) (b) of the statutes is amended to read:

AB314,158,12 990.01 (19j) (b) “Live birth” means the complete expulsion or extraction from his or her mother an individual, of a human being, at any stage of development, who, after the expulsion or extraction, breathes or has a beating heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, regardless of whether the umbilical cord has been cut, and regardless of whether the expulsion or extraction occurs as a result of natural or induced labor, a cesarean section, or an abortion, as defined in s. 253.10 (2) (a).

AB314,351 Section 351. 990.01 (22h) of the statutes is created to read:

AB314,158,16 990.01 (22h) Natural parent. “Natural parent” means a parent of a child who is not an adoptive parent, whether the parent is biologically related to the child or not.

AB314,352 Section 352. 990.01 (39) of the statutes is created to read:

AB314,158,19 990.01 (39) Spouses. “Spouses” means 2 individuals of the same sex or different sexes who are legally married to each other.

AB314,353 Section 353. 990.01 (40m) of the statutes is created to read:

AB314,158,22 990.01 (40m) Stepparent. “Stepparent” means a person who is the spouse of a child’s parent and who is not also a parent of the child.

AB314,354 Section 354. Nonstatutory provisions.

AB314,159,1 (1) Terminology changes.

AB314,160,13 (a) In the statutes indicated, replace “paternity” with “parentage”: ss. 13.63 (1) (b), 13.64 (2), 29.024 (2g) (d) 1., 29.229 (5m) (c), 45.01 (4), 46.03 (7) (bm), 48.235 (4) (a) 7m. and (4m) (a) 7m., 48.299 (6) (a), (d), and (e) 5., 48.355 (4g) (a) (intro.) and (d) 1., 48.396 (2) (dm), 48.40 (1r), 48.42 (2) (b) (intro.) and (bm) (intro.) and (4) (b) 2., 48.422 (6) (c), 48.423 (title), 48.46 (1m), 48.48 (11), 48.715 (6), 48.837 (4) (e), 48.91 (2), 49.141 (1) (i) 2., 49.145 (2) (f) 1. a., 49.19 (4) (h) 1. a., 49.22 (title), (1), (7), and (7g) (a), 49.463 (3) (title) and (b) 1. b. and 2. (intro.) and b. and (6), 49.48 (3), 49.79 (6q) (title) and (b) 1. b. and 2. (intro.) and b. and (6u) (title) and (a) 1., 49.83, 49.855 (6), 49.857 (1) (f), 49.90 (2r) and (11), 59.40 (2) (p), 59.53 (5) (title) and (a), 69.15 (3) (d) and (3m) (a) (intro.), 93.135 (3), 102.17 (1) (cm), 103.275 (2) (bm), 103.34 (10) (b), 103.91 (4) (b), 103.92 (6), 104.07 (5), 105.13 (2), 115.315, 118.19 (1r) (b), 138.09 (3) (am) 3. and (4) (b), 138.12 (4) (b) 6. and (5) (am) 1. c. and 2., 138.14 (5) (b) 3. and (9) (b), 165.85 (3) (cm) 8. and (3m) (a), 169.34 (3) (a), 170.12 (8) (b) 1. c. and 2., 202.021 (4) (a) 7., 202.06 (2) (e), 218.0116 (1g) (a) and (1m) (a) 3. and (b), 218.02 (3) (e), (6) (b), and (9) (a) 2., 218.04 (4) (am) 3. and (5) (am), 218.05 (4) (c) 3., (11) (c), and (12) (am), 218.11 (6m) (a), 218.12 (3m) (a), 218.22 (3m) (a), 218.32 (3m) (a), 218.41 (3m) (a), 218.51 (4m) (a), 224.72 (7m) (c), 224.725 (6) (c), 224.77 (2m) (c), 224.95 (1) (c), 250.041 (3), 256.17 (3), 299.08 (2), 341.51 (4m) (a), 343.345, 343.66 (2), 440.13 (2) (a) and (b), 551.412 (4g) (a) 3. and (b), 562.05 (5) (a) 9. and (8) (d), 563.28 (1), 628.097 (1m), 628.10 (2) (c), 632.69 (2) (d) 1. and (4) (c), 633.14 (2m) (a), 633.15 (2) (c), 751.15 (3), 757.675 (2) (g), 757.69 (1) (p) 3., 767.001 (1) (L), 767.01 (2), 767.041 (1) (b), 767.205 (2) (a) (intro.) and 1. and (b) 2., 767.215 (5) (am), 767.35 (6) and (7), 767.401 (1) (b) and (2) (a) and (b), 767.407 (1) (c) (intro.) and (d) and (4), 767.41 (1) (b) and (1m) (intro.), 767.511 (1) (intro.), 767.513 (2), 767.521 (intro.), 767.77 (1), 767.80 (title) and (1) (intro.), 767.805 (title), (1), (1m), (2) (a), (3) (title) and (a), (4) (intro.), (5) (a), and (6) (a) (intro.), (b), and (c), 767.814, 767.815 (intro.), 767.82 (title), (1) (a), (2), (5), (6), and (8), 767.83 (2) and (3), 767.84 (title), 767.853 (intro.), (1) (intro.), (2), and (3) (a), 767.863 (1) and (3), 767.865 (2), 767.87 (title), (1) (intro.) and (f), (2m), (4) (a), and (8), 767.88 (title), (1), and (2) (intro.), 767.89 (title), (1), (3) (intro.) and (a), (3m) (a) and (b), and (4) (a) 1. c., 769.316 (10), 769.401 (2) (b) and (f), 803.01 (3) (b) 1., 814.61 (1) (c) 1. and (7) (c), 818.02 (6), 818.05, 822.02 (4), 852.05 (4), 885.06 (1) and (2), 885.10, 891.39 (1) (b), 893.88, 895.01 (1) (am) 1., 895.4803, 905.04 (4) (g), 938.235 (4) (a) 7m., 938.299 (6) (a), (d), and (e) 5., 938.355 (4g) (a) (intro.) and (d) 1., 938.396 (2g) (g), 948.22 (7) (b) 2. and (bm), 948.31 (1) (a) 1., 977.05 (4) (i) 7., and 977.08 (2) (h).

AB314,160,19 (b) In the statutes indicated, replace “father,” “fathers,” or “father’s” with “parent,” “parents,” or “parent’s”: ss. 48.025 (5) (a) (intro.), 48.42 (2) (b) 3. and (bm) 2., (2m) (a), and (4) (b) 3., 48.422 (6) (b), 48.432 (1) (am) 2. a., 48.837 (4) (e), 48.91 (2), 48.913 (1) (h), (4), and (7), 49.90 (11), 767.83 (2m), 767.84 (1) (b) 3. and (1m), 767.893 (2) (a) and (b) (intro.), (2m) (c), and (3) (intro.), 769.201 (1m) (gm), and 769.401 (2) (c), (d), and (e).

AB314,162,2 (c) In the statutes indicated, replace “mother,” “mothers,” or “mother’s” with “parent,” “parents,” or “parent’s”: ss. 48.01 (1) (a), (am), (ap), (bm), (br), and (h), 48.02 (1) (am) and (17m), 48.06 (1) (a) 3., 48.067 (1), (2), (3), (4), and (8), 48.069 (1) (a) and (c), 48.07 (4), 48.08 (1) and (3), 48.133, 48.135 (title), (1), and (2), 48.14 (5), 48.15, 48.185 (1) (a) and (b), subch. IV (title) of ch. 48, 48.19 (1) (d) 8., 48.193 (title), (1) (intro.) and (d) 1., 2., and 3., and (2), 48.20 (4m), 48.203 (title), (1), (2), (3), (6) (b) and (c), and (7), 48.205 (title) and (2), 48.207 (title), (1m) (intro.), (a), (c), (d), and (e), and (2) (b), 48.21 (3) (title), (ag), and (b) and (7), 48.213 (title), (1) (a), (2), (3), (4), (4m), and (5), 48.217 (title), (1) (a), (b) 1. b., and (c) 3., (2) (a), and (2m) (a) and (b) 2., 48.23 (2m) (title), (a), and (c) and (4) (b), 48.235 (3) (b) 1. and (4m) (a) 3m., 48.24 (1m), (2) (a), (2m) (a) 6., and (5), 48.243 (1) (intro.), (3), and (4), 48.245 (1) (c) and (2) (a) 1., 2., 3., and 4. and (c), 48.25 (1), 48.255 (1m) (intro.), (b), (bm), (c), and (e), 48.263 (1), 48.27 (1), (3) (a) 1., (4) (b) 1., and (8), 48.275 (1) and (2) (a), (b), (c), and (cg) (intro.), 48.29 (1), 48.293 (2), 48.295 (1c), (1g), (2), and (3), 48.297 (4) and (5), 48.299 (1) (b) and (4) (b), 48.30 (1), (3), (6) (a), (7), and (8) (a) and (c), 48.305, 48.31 (2), (4), and (7) (a), 48.315 (1) (a) and (f), 48.32 (1) (am), (2) (a) and (c), (3), (5) (intro.), and (6), 48.33 (1) (a), (b), (c), (d), and (f), 48.345 (3) (cm), 48.347 (1), (2), (3) (intro.) and (a), (4) (a), and (5) (a) and (b), 48.35 (1) (b) (intro.) and 1., 48.355 (2) (a), (b) 1., 1m., and 7., and (d), (2m), (5), and (7), 48.356 (2), 48.357 (title), (1) (a) and (am) 1. b. and 2. c., (2) (a) 1. and (b) 1. and 2., and (2m) (a) 1. and (b) 2., 48.36 (2), 48.361 (2) (b) 1m. and (c), 48.362 (4) (a) and (c), 48.363 (1) (a) and (b), 48.365 (1m), (2), (2g) (a), (2m) (b), and (5) (a), 48.375 (2) (c), 48.396 (1), (1b), (1d), (2) (aj) and (ap), and (5) (b), (c), and (e), 48.415 (2) (a) 2. a. and b., 48.45 (1) (am) and (b) and (1r), 48.46 (1), 48.48 (1) and (17) (a) 1., 2., and 3., 48.52 (title), (1m) (intro) and (c), and (2) (a), 48.547 (1) and (3) (intro.), 48.57 (1) (a), (b), (c), and (g), 48.59 (1) and (2), 48.625 (1m), 48.63 (5) (b), 48.647 (1) (ag) (intro.), 48.78 (2) (aj) and (ap), 48.981 (3) (b) 2m., (bm) (intro.) and 2., (c) 2m. a. and b., 3., 5., 6m., and 7., and (d) 1., (4) (a) 4., and (7) (a) 3m., 4., and 5., and 938.34 (3) (cm).

AB314,162,20 (2) Legislative intent. The legislature intends this act to harmonize the language of the Wisconsin statutes relating to marriage and the determination of parentage with the provision of s. 990.001 (2), which specifies that words importing one gender extend and may be applied to any gender. The legislature intends that by amending the statutes relating to marriage and the determination of parentage with respect to married couples to use gender-neutral language where appropriate so as to clarify that the same statutory rights and responsibilities apply between married persons of the same sex as between married persons of different sexes and to extend some of the presumptions of parentage to either parent, the Wisconsin statutes will be better aligned with the holding of the U.S. Supreme Court in Obergefell v. Hodges, 135 S. Ct. 2584, 192 L. Ed. 2d 609 (2015), which recognizes that same-sex couples have a fundamental constitutional right to marriage. To the extent language remains in Wisconsin law referring to one gender after the effective date of this subsection, the rule of construction regarding gender under s. 990.001 (2) remains applicable, and it is not the intent of the legislature, except to the extent necessary to conform to the requirements of federal law, to narrow to one gender the construction of any provision for which an application to any gender would be appropriate.

AB314,162,21 (end)