SB907,263915Section 263. 767.82 (2m) and (4) of the statutes are amended to read: SB907,,916916767.82 (2m) Custody pending court order. If there is no presumption of paternity parentage under s. 891.41 (1) or if paternity parentage is conclusively determined from genetic test results under s. 767.804 (1) or acknowledged under s. 767.805 (1), the mother parent who gave birth shall have sole legal custody of the child until the court orders otherwise. SB907,,917917(4) Discovery. Discovery shall be conducted as provided in ch. 804, except that no discovery may be obtained later than 30 days before the trial. No discovery may solicit information relating to the sexual relations of the mother parent who gave birth occurring at any time other than the probable time of conception. SB907,264918Section 264. 767.83 (1) of the statutes is amended to read: SB907,,919919767.83 (1) Generally. At the pretrial hearing, at the trial, and in any other proceedings in any paternity parentage action, any party may be represented by counsel. If the male alleged parent respondent is indigent and the state is the petitioner under s. 767.80 (1) (g), the petitioner is represented by a government attorney as provided in s. 767.80 (6), or the action is commenced on behalf of the child by an attorney appointed under s. 767.407 (1) (c), counsel shall be appointed for the respondent as provided in ch. 977, subject to the limitations under sub. (2m), unless the respondent knowingly and voluntarily waives the appointment of counsel. SB907,265920Section 265. 767.84 (1) (a) (intro.) of the statutes is amended to read: SB907,,921921767.84 (1) (a) (intro.) Except as provided in ss. 767.855 and 767.863, and except in actions to which s. 767.893 applies, the court shall require the all of the following to submit to genetic tests: SB907,,9229221m. The child, mother, any male. SB907,,9239233m. Any person for whom there is probable cause to believe that he had the person’s sexual intercourse with the mother during a possible time of the person who gave birth to the child may have resulted in the child’s conception, or any male. SB907,,9249244. Any witness who testifies or will testify about his the witness’s sexual relations with the mother at a possible time of conception to submit to genetic tests. person who gave birth to the child that may have resulted in conception of the child. SB907,,925925(ac) Probable cause of sexual intercourse during a possible time of that may have resulted in conception of the child for the purposes of par. (a) may be established by a sufficient petition or affidavit of the child’s mother person who gave birth to the child or an alleged father parent, filed with the court, or after an examination under oath of a party or witness, when the court determines that an examination is necessary. SB907,,926926(am) The court is not required to order a genetic test under this paragraph par. (a) with respect to any of the following: SB907,266927Section 266. 767.84 (1) (a) 1. and 2. of the statutes are renumbered 767.84 (1) (am) 1. and 2. SB907,267928Section 267. 767.84 (1) (a) 2m. of the statutes is created to read: SB907,,929929767.84 (1) (a) 2m. The person who gave birth to the child. SB907,268930Section 268. 767.84 (1) (a) 3. of the statutes is renumbered 767.84 (1) (am) 3. and amended to read: SB907,,931931767.84 (1) (am) 3. a. Except as provided in subd. 3. b., a male respondent who fails to appear, if genetic test results with respect to another man person, other than the person who gave birth to the child, show that the other man person is not excluded as the father parent and that the statistical probability of the other man’s person’s parentage is 99.0 percent or higher creating a presumption of the other man’s paternity person’s parentage. SB907,,932932b. Subdivision 3. a. does not apply if the presumption of the other man’s paternity person’s parentage is rebutted. SB907,269933Section 269. 767.84 (1) (b) (intro.) and 2. of the statutes are amended to read: SB907,,934934767.84 (1) (b) (intro.) The genetic tests shall be performed by an expert qualified as an examiner of genetic markers present on the cells of the specific body material to be used for the tests, appointed by the court. A report completed and certified by the court-appointed expert stating genetic test results and the statistical probability of the alleged father’s paternity parent’s parentage based upon the genetic tests is admissible as evidence without expert testimony and may be entered into the record at the trial or pretrial hearing if all of the following apply: SB907,,9359352. At least 10 days before the trial or pretrial hearing, the department or county child support agency under s. 59.53 (5) notifies the alleged father parent of the results of the genetic tests and that he the alleged parent may object to the test results by submitting an objection in writing to the court no later than the day before the hearing. SB907,270936Section 270. 767.84 (4) of the statutes is amended to read: SB907,,937937767.84 (4) Tests excluding paternity parentage; refusal to submit to test. Genetic test results excluding an alleged father parent as the father parent of the child are conclusive evidence of nonpaternity that the alleged parent is not the parent of the child and the court shall dismiss any paternity parentage action with respect to that alleged father parent. Genetic test results excluding any male witness from possible paternity parentage are conclusive evidence of nonpaternity of the male that the witness is not the parent of the child. Testimony relating to sexual intercourse or possible sexual intercourse of the mother with between the person who gave birth to the child and any person excluded as a possible father parent, as a result of a genetic test, is inadmissible as evidence. Refusal of a party to submit to a genetic test shall be disclosed to the fact finder. Refusal to submit to a genetic test ordered by the court is a contempt of the court for failure to produce evidence under s. 767.87 (5). If the action was brought by the child’s mother person who gave birth to the child but she that person refuses to submit to a genetic test, or refuses to submit herself or the child to a genetic tests test, the action shall be dismissed. SB907,271938Section 271. 767.84 (6) of the statutes is amended to read: SB907,,939939767.84 (6) Calling certain witnesses; notice. Any party calling a male witness for the purpose of testifying that he the witness had sexual intercourse with the mother at any possible time of person who gave birth to the child that may have resulted in conception of the child shall provide all other parties with the name and address of the witness 20 days before the trial or pretrial hearing. If a male witness is produced at the hearing for the purpose stated in this subsection but the party calling the witness failed to provide the 20-day notice, the court may adjourn the proceeding for the purpose of taking a genetic test of the witness prior to hearing the testimony of the witness if the court finds that the party calling the witness acted in good faith. SB907,272940Section 272. 767.85 (1) of the statutes is amended to read: SB907,,941941767.85 (1) When required. At any time during the pendency of an action to establish the paternity parentage of a child, if genetic tests show that the alleged father person is not excluded and that the statistical probability of the alleged father’s person’s parentage is 99.0 percent or higher, on the motion of a party, the court shall make an appropriate temporary order for the payment of child support and may make a temporary order assigning responsibility for and directing the manner of payment of the child’s health care expenses. SB907,273942Section 273. 767.855 of the statutes is amended to read: SB907,,943943767.855 Dismissal if adjudication not in child’s best interest. Except as provided in s. 767.863 (1m), at any time in an action to establish the paternity parentage of a child, upon the motion of a party or guardian ad litem or the person who gave birth to the child if that person is not a party, the court or supplemental court commissioner under s. 757.675 (2) (g) may, if the court or supplemental court commissioner determines that a judicial determination of whether a male is the father of the child parentage is not in the best interest of the child, dismiss the action with respect to the male alleged parent, regardless of whether genetic tests have been performed or what the results of the tests, if performed, were. Notwithstanding ss. 767.813 (5g) (form) 4., 767.84 (1) and (2), 767.863 (2), 767.865 (2), and 767.88 (4), if genetic tests have not yet been performed with respect to the male alleged parent, the court or supplemental court commissioner is not required to order those genetic tests.