SB151,4,221 2. You have the right to be represented by an attorney. If you are unable to
22afford an attorney, the court will appoint one for you subject to certain limitations.
23One limitation is that representation by the appointed attorney will end if during the
24proceedings all of the blood genetic tests show that you are excluded as the father or
25that the statistical probability of your being the father is 99.0% or higher. In order

1to determine whether you are entitled to have an attorney appointed for you, you may
2call the following telephone number .... .
SB151,4,63 3. You may request blood genetic tests which will indicate the probability that
4you are or are not the father of the child. The court will order blood genetic tests on
5request by you, the state or any other party. Any person who refuses to take
6court-ordered blood genetic tests may be punished for contempt of court.
SB151,4,117 4. The petitioner has the burden of proving by a clear and satisfactory
8preponderance of the evidence that you are the father. However, if blood genetic tests
9show that you are not excluded as the father and that the statistical probability of
10your being the father is 99.0% or higher, you are rebuttably presumed to be the
11father.
SB151,4,1212 5. The following defenses are available to you:
SB151, s. 7 13Section 7. 767.455 (5g) (c) 7. of the statutes is amended to read:
SB151,4,2214 767.455 (5g) (c) 7. If you fail to appear at any stage of the proceeding, including
15a scheduled blood genetic test, the court will enter a default judgment finding you
16to be the father. A default judgment will take effect 30 days after it is served on or
17mailed to you at your address on file with the court, unless within those 30 days you
18present to the court evidence of good cause for your failure to appear or your failure
19to have undergone a blood genetic test. You need not appear at the time and place
20specified in the summons if you complete the attached waiver of first appearance
21statement and deliver it to the court by the date specified in the waiver of first
22appearance statement.
SB151, s. 8 23Section 8. 767.455 (5r) of the statutes is amended to read:
SB151,5,3
1767.455 (5r) Waiver of first appearance. The waiver of first appearance
2statement shall be attached to the summons. The waiver of first appearance
3statement shall be in boldface type and substantially the following form:
SB151,5,44 WAIVER OF FIRST APPEARANCE
SB151,5,85 1. I understand that by signing this waiver and agreeing to its terms I am not
6required to appear at the time and place specified in the summons. If I do not sign
7this statement, I am required to appear at the time and place specified in the
8summons.
SB151,5,159 2. I understand that I will be notified by the court of all future stages in the
10proceeding and agree to appear at those stages. If I fail to appear at any stage,
11including a scheduled blood genetic test, the court will enter a default judgment
12finding me to be the father. A default judgment will take effect 30 days after it is
13served on or mailed to me, unless within those 30 days I present to the court evidence
14of good cause for my failure to appear or my failure to have undergone a blood genetic
15test.
SB151,5,1616 3. I enter the following plea (check only one):
SB151,5,1717 .... I agree that I am the child's father.
SB151,5,1818 .... I deny that I am the child's father.
SB151,5,2019 .... I agree that I am the child's father, subject to confirmation by a blood genetic
20test.
SB151,5,2421 If I enter a plea agreeing that I am the child's father, a judgment of paternity
22will be entered against me. If I enter a plea denying that I am the child's father or
23a plea agreeing that I am the child's father, subject to a blood genetic test, I agree to
24undergo a blood genetic test.
SB151,5,2525 4. I have read the summons and the notice or have had them read to me.
SB151,6,2
15. This waiver of first appearance statement is valid only if it is delivered to the
2court on or before .....
SB151,6,43 6. I will keep the clerk of court informed of my address at all times. The
4following is my current address:
SB151,6,55 ..............................................................
SB151,6,66 Street address and apartment number
SB151,6,77 ..............................................
SB151,6,88 City State Zip Code
SB151,6,99 ........ ......................................
SB151,6,1010 Date Signature of Respondent
SB151, s. 9 11Section 9. 767.458 (1) (c) of the statutes is amended to read:
SB151,6,1512 767.458 (1) (c) Except as provided under sub. (1m), the respondent may request
13the administration of blood genetic tests which either demonstrate that he is not the
14father of the child or which demonstrate the probability that he is or is not the father
15of the child;
SB151, s. 10 16Section 10. 767.458 (1) (d) of the statutes is amended to read:
SB151,6,1817 767.458 (1) (d) Except as provided under sub. (1m), the court will order blood
18genetic tests upon the request of any party; and
SB151, s. 11 19Section 11. 767.458 (1m) of the statutes is amended to read:
SB151,7,220 767.458 (1m) In an action to establish the paternity of a child who was born
21to a woman while she was married, where a man other than the woman's husband
22alleges that he, not the husband, is the child's father, a party may allege that a
23judicial determination that a man other than the husband is the father is not in the
24best interest of the child. If the court or court commissioner under s. 757.69 (3) (g)
25determines that a judicial determination of whether a man other than the husband

1is the father is not in the best interest of the child, no blood genetic tests may be
2ordered and the action shall be dismissed.
SB151, s. 12 3Section 12. 767.458 (2) of the statutes is amended to read:
SB151,7,94 767.458 (2) At the first appearance, if it appears from a sufficient petition or
5affidavit of the child's mother that there is probable cause to believe that any of the
6males named has had sexual intercourse with the mother during a possible time of
7the child's conception, the court may, or upon the request of any party shall, order any
8of the named persons to submit to blood genetic tests. The tests shall be conducted
9in accordance with s. 767.48.
SB151, s. 13 10Section 13. 767.46 (1) of the statutes is amended to read:
SB151,7,1511 767.46 (1) A pretrial hearing shall be held before the court or a court
12commissioner under s. 757.69 (3) (g). A record or minutes of the proceeding shall be
13kept. At the pretrial hearing the parties may present and cross-examine witnesses,
14request blood genetic tests and present other evidence relevant to the determination
15of paternity.
SB151, s. 14 16Section 14. 767.46 (4) of the statutes is amended to read:
SB151,7,2117 767.46 (4) If a party or the guardian ad litem refuses to accept a
18recommendation made under this section and blood genetic tests have not yet been
19taken, the court shall require the appropriate parties to submit to blood genetic tests.
20After the blood genetic tests have been taken the court shall make an appropriate
21final recommendation.
SB151, s. 15 22Section 15. 767.465 (2) (a) of the statutes is amended to read:
SB151,8,823 767.465 (2) (a) Except as provided in sub. (2m), if a respondent is the alleged
24father and fails to appear at the first appearance, unless the first appearance is not
25required under s. 767.457 (2), scheduled blood genetic test, pretrial hearing or trial,

1the court shall enter an order adjudicating the respondent to be the father and
2appropriate orders for support, legal custody and physical placement. The orders
3shall be either served on the respondent or mailed by regular, registered or certified
4mail, to the last-known address of the respondent. The orders shall take effect 30
5days after service or 30 days after the date on which the orders were mailed unless,
6within that time, the respondent presents to the court or court commissioner under
7s. 757.69 (3) (g) evidence of good cause for failure to appear or failure to have
8undergone a blood genetic test.
SB151, s. 16 9Section 16. 767.47 (1) (c) of the statutes is amended to read:
SB151,8,1010 767.47 (1) (c) Blood Genetic test results under ss. 767.48 and or 885.23.
SB151, s. 17 11Section 17. 767.47 (1) (d) of the statutes is amended to read:
SB151,8,1312 767.47 (1) (d) The statistical probability of the alleged father's paternity based
13upon the blood genetic tests.
SB151, s. 18 14Section 18. 767.47 (3) of the statutes is amended to read:
SB151,8,2015 767.47 (3) In an action against an alleged father, evidence offered by him with
16respect to an identified man who is not subject to the jurisdiction of the court
17concerning that man's sexual intercourse with the mother at or about the
18presumptive time of conception of the child is admissible in evidence only after the
19alleged father has undergone and made available to the court blood genetic tests as
20provided in s. 767.48.
SB151, s. 19 21Section 19. 767.48 (title) of the statutes is amended to read:
SB151,8,22 22767.48 (title) Blood Genetic tests in paternity actions.
SB151, s. 20 23Section 20. 767.48 (1) (a) of the statutes is amended to read:
SB151,9,724 767.48 (1) (a) The court may, and upon request of a party shall, require the
25child, mother, any male for whom there is probable cause to believe that he had

1sexual intercourse with the mother during a possible time of the child's conception,
2or any male witness who testifies or will testify about his sexual relations with the
3mother at a possible time of conception to submit to blood genetic tests. Probable
4cause of sexual intercourse during a possible time of conception may be established
5by a sufficient petition or affidavit of the child's mother filed with the court, or after
6an examination under oath of a complainant or witness, when the court determines
7such an examination is necessary.
SB151, s. 21 8Section 21. 767.48 (1) (b) of the statutes is amended to read:
SB151,9,179 767.48 (1) (b) The blood genetic tests shall be performed by an expert qualified
10as an examiner of genetic markers present on blood the cells and components of the
11specific body material to be used for the tests
, appointed by the court. A report
12completed and certified by the court-appointed expert stating blood genetic test
13results and the statistical probability of the alleged father's paternity based upon the
14blood genetic tests is admissible as evidence without expert testimony and may be
15entered into the record at the trial or pretrial hearing if, at least 10 days before the
16trial or pretrial hearing, the party offering the report files it with the court and
17notifies all other parties of that filing.
SB151, s. 22 18Section 22. 767.48 (1m) of the statutes is amended to read:
SB151,9,2219 767.48 (1m) Under sub. (1), if the blood genetic tests show that the alleged
20father is not excluded and that the statistical probability of the alleged father's
21parentage is 99.0% or higher, the alleged father shall be rebuttably presumed to be
22the child's parent.
SB151, s. 23 23Section 23. 767.48 (2) of the statutes is amended to read:
SB151,9,2524 767.48 (2) The court, upon request by a party, shall order that independent
25tests be performed by other experts qualified as examiners of genetic markers

1present on blood the cells and components of the specific body material to be used for
2the tests
. Additional tests performed by other experts of the same qualifications may
3be ordered by the court at the request of any party.
SB151, s. 24 4Section 24. 767.48 (4) of the statutes is amended to read:
SB151,10,155 767.48 (4) Whenever the results of the blood genetic tests exclude the alleged
6father as the father of the child, this evidence shall be conclusive evidence of
7nonpaternity and the court shall dismiss the action. Whenever the results of the
8tests exclude any male witness from possible paternity, the tests shall be conclusive
9evidence of nonpaternity of the male witness. Testimony relating to sexual
10intercourse or possible sexual intercourse of the mother with any person excluded as
11a possible father, as a result of a blood genetic test, is inadmissible as evidence. If
12any party refuses to submit to the blood a genetic test, this fact shall be disclosed to
13the fact finder. This refusal is a contempt of the court for failure to produce evidence
14under s. 767.47 (5). If the action was brought by the child's mother but she refuses
15to submit herself or the child to blood genetic tests, the action shall be dismissed.
SB151, s. 25 16Section 25. 767.48 (5) (intro.) of the statutes is amended to read:
SB151,10,1817 767.48 (5) (intro.) The fees and costs for blood genetic tests performed upon any
18person listed under sub. (1) shall be paid for by the county except as follows:
SB151, s. 26 19Section 26. 767.48 (5) (a) of the statutes is amended to read:
SB151,10,2220 767.48 (5) (a) At the close of the proceeding the court may order either or both
21parties to reimburse the county if the court finds that they have sufficient resources
22to pay the costs of the blood genetic tests.
SB151, s. 27 23Section 27. 767.48 (5) (b) of the statutes is amended to read:
SB151,11,3
1767.48 (5) (b) If 2 or more identical series of blood genetic tests are performed
2upon the same person, the court may require the person requesting the 2nd or
3subsequent series of tests to pay for it in advance.
SB151, s. 28 4Section 28. 767.48 (6) of the statutes is amended to read:
SB151,11,125 767.48 (6) Any party calling a male witness for the purpose of testifying that
6he had sexual intercourse with the mother at any possible time of conception shall
7provide all other parties with the name and address of the witness 20 days before the
8trial or pretrial hearing. If a male witness is produced at the hearing for the purpose
9stated in this subsection but the party calling the witness failed to provide the
1020-day notice, the court may adjourn the proceeding for the purpose of taking a blood
11genetic test of the witness prior to hearing the testimony of the witness if the court
12finds that the party calling the witness acted in good faith.
SB151, s. 29 13Section 29. 767.48 (7) of the statutes is amended to read:
SB151,11,1514 767.48 (7) The court shall ensure that all parties are aware of their right to
15request blood genetic tests under this section.
SB151, s. 30 16Section 30. 767.51 (3) of the statutes is amended to read:
SB151,12,517 767.51 (3) The judgment or order may contain any other provision directed
18against the appropriate party to the proceeding, concerning the duty of support, the
19legal custody and guardianship of the child, periods of physical placement, the
20furnishing of bond or other security for the payment of the judgment, or any other
21matter in the best interest of the child. Unless the court orders otherwise, if there
22is no presumption of paternity under s. 891.41 the mother shall have sole legal
23custody of the child. The court shall order either party or both to pay for the support
24of any child of the parties who is less than 19 years old and is pursuing an accredited
25course of instruction leading to the acquisition of a high school diploma or its

1equivalent. The judgment or order may direct the father to pay or contribute to the
2reasonable expenses of the mother's pregnancy and confinement during pregnancy
3and may direct either party to pay or contribute to the costs of blood genetic tests,
4attorney fees and other costs. Contributions to the costs of blood genetic tests shall
5be paid to the county which paid for the blood genetic tests.
SB151, s. 31 6Section 31. 767.52 (2m) of the statutes is amended to read:
SB151,12,157 767.52 (2m) Representation by an attorney appointed under sub. (1) shall be
8provided beginning at the pretrial hearing unless, as of the date of the hearing, the
9results of any blood genetic tests that were ordered by the court show that the alleged
10father is excluded or give rise to the rebuttable presumption under s. 767.48 (1m)
11that the alleged father is the father of the child. Representation by an attorney
12appointed under sub. (1) shall terminate during the paternity proceeding if the
13results of all of the blood genetic tests ordered by the court show that the alleged
14father is excluded or give rise to the rebuttable presumption under s. 767.48 (1m)
15that the alleged father is the father of the child.
SB151, s. 32 16Section 32. 767.62 (3) of the statutes is amended to read:
SB151,13,317 767.62 (3) Within one year after signing the statement or one year after
18attaining the age of 18, whichever is later, a person who has signed a statement
19acknowledging paternity that is filed as specified in sub. (1) may request that the
20court or family court commissioner order blood genetic tests. Upon such a request,
21the court or family court commissioner shall require the appropriate parties to
22submit to blood genetic tests. If the results of the blood genetic tests exclude as the
23father of the child the man who signed the statement, the court shall dismiss any
24action for child support under this section, or shall vacate any order for child support
25entered under this section, with respect to the man. This subsection does not apply

1if, before a request for blood genetic tests under this subsection, the man who signed
2the statement acknowledging paternity is determined to be the father of the child
3after the performance of blood genetic tests.
SB151, s. 33 4Section 33. 885.23 of the statutes is amended to read:
SB151,13,12 5885.23 (title) Blood Genetic tests in civil actions. Whenever it is relevant
6in a civil action to determine the parentage or identity of any child, person or corpse,
7the court, by order, shall direct any party to the action and any person involved in
8the controversy to submit to one or more blood genetic tests as provided in s. 767.48.
9The results of the tests shall be receivable as evidence in any case where exclusion
10from parentage is established or where a probability of parentage is shown to exist.
11Whenever the court orders the blood genetic tests and one of the parties refuses to
12submit to the tests that fact shall be disclosed upon trial.
SB151, s. 34 13Section 34. 948.01 (1g) of the statutes is amended to read:
SB151,13,1414 948.01 (1g) "Joint legal custody" has the meaning given in s. 767.001 (1) (1s).
SB151,13,1515 (End)
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