LRB-1987/1
GMM:skg:aj
1995 - 1996 LEGISLATURE
January 24, 1995 - Introduced by Senators A. Lasee, Drzewiecki, Petak, Farrow,
Clausing, Rosenzweig, Buettner and Cowles, cosponsored by
Representatives Brandemuehl, Owens, Hoven, Nass, Duff, Dobyns,
Ainsworth, Wirch, Schneiders, Grothman, Kreibich, Silbaugh, F. Lasee,
Kaufert, Ladwig, Ziegelbauer, Gard, Hahn, Musser, Gunderson, Lehman,
Otte, Klusman, Ward, Wasserman, Underheim and Seratti. Referred to
Committee on Judiciary.
SB34,1,2
1An Act to create 48.415 (9) of the statutes;
relating to: termination of parental
2rights over a child conceived as a result of sexual assault.
Analysis by the Legislative Reference Bureau
Under current law, a person's parental rights over a child may be terminated
involuntarily on the grounds of abandonment, continuing need of the child for
protection or services, continuing parental disability, continuing denial of periods of
physical placement, child abuse, failure to assume parental responsibility,
incestuous parenthood and intentional homicide of the child's other parent.
This bill adds as a ground for involuntary termination of parental rights
parenthood as a result of sexual assault, which may be established by a showing that
the child was conceived as a result of sexual assault and that the person whose
parental rights are sought to be terminated has been convicted of that sexual assault.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB34, s. 1
3Section
1. 48.415 (9) of the statutes is created to read:
SB34,1,84
48.415
(9) Parenthood as a result of sexual assault. Parenthood as a result
5of sexual assault may be established by a showing that the child was conceived as
6a result of a sexual assault in violation of s. 940.225 (1), (2) or (3), 948.02 (1) or (2)
7or 948.025 and that the person whose parental rights are sought to be terminated has
8been convicted of that sexual assault.
SB34,2,8
2(1) This act first applies to petitions for termination of parental rights under
3section 48.42 (1) of the statutes filed on the effective date of this subsection, but does
4not preclude consideration of a conviction under section 940.225 (1), (2) or (3), 948.02
5(1) or (2) or 948.025 of the statutes obtained before the effective date of this
6subsection in determining whether to terminate, or to find grounds to terminate, the
7parental rights of a person under section 48.415 (9) of the statutes, as created by this
8act.
