The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB108, s. 1 1Section 1. 48.207 (1) (a) of the statutes is amended to read:
AB108,3,92 48.207 (1) (a) The home of a parent or guardian, except that a child may not
3be held in the home of a parent or guardian if the parent or guardian has been
4convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05
5of the 2nd-degree intentional homicide, of a parent of the child, and the conviction
6has not been reversed, set aside or vacated, unless the person making the custody
7decision determines that the child desires to be held in the home of the parent or
8guardian and is sufficiently mature to make such a decision and that the placement
9would be in the best interests of the child
.
AB108, s. 2 10Section 2. 48.207 (1) (b) of the statutes is amended to read:
AB108,4,211 48.207 (1) (b) The home of a relative, except that a child may not be held in the
12home of a relative if the relative has been convicted under s. 940.01 of the
13first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional
14homicide, of a parent of the child, and the conviction has not been reversed, set aside
15or vacated, unless the person making the custody decision determines that the child

1desires to be held in the home of the relative and is sufficiently mature to make such
2a decision and that the placement would be in the best interests of the child
.
AB108, s. 3 3Section 3. 48.345 (3) (a) of the statutes is amended to read:
AB108,4,124 48.345 (3) (a) The home of a parent or other relative of the child, except that
5the judge may not designate the home of a parent or other relative of the child as the
6child's placement if the parent or other relative has been convicted under s. 940.01
7of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree
8intentional homicide, of a parent of the child, and the conviction has not been
9reversed, set aside or vacated, unless the judge determines that the child desires to
10be placed in the home of the parent or other relative and is sufficiently mature to
11make such a decision and that the placement would be in the best interests of the
12child
.
AB108, s. 4 13Section 4. 48.345 (3) (b) of the statutes is amended to read:
AB108,4,2214 48.345 (3) (b) A home which need not be The home of a person who is not
15required to be
licensed if placement is for less than 30 days, except that the judge may
16not designate the home of a person who is not required to be licensed as the child's
17placement if the person has been convicted under s. 940.01 of the first-degree
18intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of
19a parent of the child, and the conviction has not been reversed, set aside or vacated,
20unless the judge determines that the child desires to be placed in that home and is
21sufficiently mature to make such a decision and that the placement would be in the
22best interests of the child
.
AB108, s. 5 23Section 5. 48.355 (3) of the statutes is renumbered 48.355 (3) (a) and amended
24to read:
AB108,5,4
148.355 (3) (a) If Except as provided in par. (b), if, after a hearing on the issue
2with due notice to the parent or guardian, the judge court finds that it would be in
3the best interest of the child, the judge court may set reasonable rules of parental
4visitation.
AB108, s. 6 5Section 6. 48.355 (3) (b) of the statutes is created to read:
AB108,5,106 48.355 (3) (b) 1. Except as provided in subd. 2., the court may not grant
7visitation under par. (a) to a parent of a child if the parent has been convicted under
8s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the
92nd-degree intentional homicide, of the child's other parent, and the conviction has
10not been reversed, set aside or vacated.
AB108,5,1311 2. Subdivision 1. does not apply if the court determines that the child desires
12to have visitation with the parent and is sufficiently mature to make such a decision
13and that the visitation would be in the best interests of the child.
AB108, s. 7 14Section 7. 48.357 (4d) of the statutes is created to read:
AB108,5,1915 48.357 (4d) (a) Except as provided in par. (b), the court may not change a child's
16placement to a placement in the home of a person who has been convicted under s.
17940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree
18intentional homicide, of a parent of the child, if the conviction has not been reversed,
19set aside or vacated.
AB108,5,2220 (b) Paragraph (a) does not apply if the court determines that the child desires
21to be placed in the home of the person and is sufficiently mature to make such a
22decision and that the placement would be in the best interests of the child.
AB108, s. 8 23Section 8. 48.42 (1m) (b) of the statutes is amended to read:
AB108,6,424 48.42 (1m) (b) The Subject to par. (e), the court may issue the temporary order
25ex parte or may refuse to issue the temporary order and hold a hearing on whether

1to issue an injunction. The temporary order is in effect until a hearing is held on the
2issuance of an injunction. The court shall hold a hearing on the issuance of an
3injunction on or before the date of the hearing on the petition to terminate parental
4rights under s. 48.422 (1).
AB108, s. 9 5Section 9. 48.42 (1m) (c) of the statutes is amended to read:
AB108,6,126 48.42 (1m) (c) Notwithstanding any other order under s. 48.355 (3), the court,
7subject to par. (e),
may grant an injunction prohibiting the respondent from visiting
8or contacting the child if the court determines that the prohibition would be in the
9best interests of the child. An injunction under this subsection is effective according
10to its terms but may not remain in effect beyond the date the court dismisses the
11petition for termination of parental rights under s. 48.427 (2) or issues an order
12terminating parental rights under s. 48.427 (3).
AB108, s. 10 13Section 10. 48.42 (1m) (e) of the statutes is created to read:
AB108,6,1914 48.42 (1m) (e) 1. Except as provided in subd. 2., the court shall issue a
15temporary order and injunction prohibiting a parent of a child from visitation or
16contact with the child if the parent has been convicted under s. 940.01 of the
17first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional
18homicide, of the child's other parent, and the conviction has not been reversed, set
19aside or vacated.
AB108,6,2220 2. Subdivision 1. does not apply if the court determines that the child desires
21to have visitation or contact with the parent and is sufficiently mature to make such
22a decision and that the visitation or contact would be in the best interests of the child.
AB108, s. 11 23Section 11. 48.428 (6) of the statutes is renumbered 48.428 (6) (a) and
24amended to read:
AB108,7,2
148.428 (6) (a) The Except as provided in par. (b), the court may order or prohibit
2visitation by a birth parent of a child placed in sustaining care.
AB108, s. 12 3Section 12. 48.428 (6) (b) of the statutes is created to read:
AB108,7,94 48.428 (6) (b) 1. Except as provided in subd. 2., the court may not grant
5visitation under par. (a) to a birth parent of a child who has been placed in sustaining
6care if the birth parent has been convicted under s. 940.01 of the first-degree
7intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of
8the child's other birth parent, and the conviction has not been reversed, set aside or
9vacated.
AB108,7,1210 2. Subdivision 1. does not apply if the court determines that the child desires
11to have visitation with the birth parent and is sufficiently mature to make such a
12decision and that the visitation would be in the best interests of the child.
AB108, s. 13 13Section 13. 48.925 (1) (intro.) of the statutes is amended to read:
AB108,7,2114 48.925 (1) (intro.)  Upon petition by a relative who has maintained a
15relationship similar to a parent-child relationship with a child who has been adopted
16by a stepparent or relative, the court, subject to subs. (1m) and (2), may grant
17reasonable visitation rights to that person if the petitioner has maintained such a
18relationship within 2 years prior to the filing of the petition, if the adoptive parent
19or parents, or, if a birth parent is the spouse of an adoptive parent, the adoptive
20parent and birth parent, have notice of the hearing and if the court determines all
21of the following:
AB108, s. 14 22Section 14. 48.925 (1m) of the statutes is created to read:
AB108,8,323 48.925 (1m) (a) Except as provided in par. (b), the court may not grant
24visitation rights under sub. (1) to a relative who has maintained a relationship
25similar to a parent-child relationship with a child if the relative has been convicted

1under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the
22nd-degree intentional homicide, of a parent of the child, and the conviction has not
3been reversed, set aside or vacated.
AB108,8,64 (b) Paragraph (a) does not apply if the court determines that the child desires
5to have visitation with the relative and is sufficiently mature to make such a decision
6and that the visitation would be in the best interests of the child.
AB108, s. 15 7Section 15. 767.245 (1) of the statutes is amended to read:
AB108,8,128 767.245 (1) Except as provided in sub. subs. (1m) and (2m), upon petition by
9a grandparent, greatgrandparent, stepparent or person who has maintained a
10relationship similar to a parent-child relationship with the child, the court may
11grant reasonable visitation rights to that person if the parents have notice of the
12hearing and if the court determines that visitation is in the best interest of the child.
AB108, s. 16 13Section 16. 767.245 (1m) of the statutes is created to read:
AB108,8,1814 767.245 (1m) (a) Except as provided in par. (b), the court may not grant
15visitation rights under sub. (1) to a person who has been convicted under s. 940.01
16of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree
17intentional homicide, of a parent of the child, and the conviction has not been
18reversed, set aside or vacated.
AB108,8,2119 (b) Paragraph (a) does not apply if the court determines that the child desires
20to have visitation with the person and is sufficiently mature to make such a decision
21and that the visitation would be in the best interests of the child.
AB108, s. 17 22Section 17. 767.247 of the statutes is created to read:
AB108,9,5 23767.247 Prohibiting visitation or physical placement if a parent kills
24other parent.
(1) Notwithstanding ss. 767.23 (1) (am), 767.24 (1), (4) and (5),
25767.51 (3) and 767.62 (4) (a) and except as provided in sub. (2), in an action under this

1chapter that affects a minor child, a court or family court commissioner may not
2grant to the child's parent visitation or physical placement rights with the child if the
3parent has been convicted under s. 940.01 of the first-degree intentional homicide,
4or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other parent,
5and the conviction has not been reversed, set aside or vacated.
AB108,9,9 6(2) Subsection (1) does not apply if the court or family court commissioner
7determines that the child desires to have visitation or periods of physical placement
8with the parent and is sufficiently mature to make such a decision and that the
9visitation or periods of physical placement would be in the best interests of the child.
AB108, s. 18 10Section 18. 767.325 (4m) of the statutes is created to read:
AB108,9,1711 767.325 (4m) Denial of physical placement for killing other parent. (a)
12Notwithstanding subs. (1) to (4), upon petition, motion or order to show cause by a
13party or on its own motion, a court shall modify a physical placement order by
14denying a parent physical placement with a child if the parent has been convicted
15under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the
162nd-degree intentional homicide, of the child's other parent, and the conviction has
17not been reversed, set aside or vacated.
AB108,9,2118 (b) Paragraph (a) does not apply if the court determines that the child desires
19to have physical placement with the parent and is sufficiently mature to make such
20a decision and that physical placement with the parent would be in the best interests
21of the child.
AB108, s. 19 22Section 19. 880.155 (2) of the statutes is amended to read:
AB108,9,2523 880.155 (2) If one or both parents of a minor child are deceased and the child
24is in the custody of the surviving parent or any other person, a grandparent or
25stepparent of the child may petition for visitation privileges with respect to the child,

1whether or not the person with custody is married. The grandparent or stepparent
2may file the petition in a guardianship or temporary guardianship proceeding under
3this chapter that affects the minor child or may file the petition to commence an
4independent action under this chapter. The Except as provided in sub. (3m), the
5court may grant reasonable visitation privileges to the grandparent or stepparent if
6the surviving parent or other person who has custody of the child has notice of the
7hearing and if the court determines that visitation is in the best interest of the child.
AB108, s. 20 8Section 20. 880.155 (3m) of the statutes is created to read:
AB108,10,139 880.155 (3m) (a) Except as provided in par. (b), the court may not grant
10visitation privileges to a grandparent or stepparent under this section if the
11grandparent or stepparent has been convicted under s. 940.01 of the first-degree
12intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of
13a parent of the child, and the conviction has not been reversed, set aside or vacated.
AB108,10,1714 (b) Paragraph (a) does not apply if the court determines that the child desires
15to have visitation with the grandparent or stepparent and is sufficiently mature to
16make such a decision and that the visitation would be in the best interests of the
17child.
AB108, s. 21 18Section 21. 880.157 of the statutes is created to read:
AB108,10,25 19880.157 Prohibiting visitation or physical placement if a parent kills
20other parent. (1)
Except as provided in sub. (2), in an action under this chapter
21that affects a minor child, a court may not grant to a parent of the child visitation or
22physical placement rights with the child if the parent has been convicted under s.
23940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree
24intentional homicide, of the child's other parent, and the conviction has not been
25reversed, set aside or vacated.
AB108,11,4
1(2) Subsection (1) does not apply if the court determines that the child desires
2to have visitation or periods of physical placement with the parent and is sufficiently
3mature to make such a decision and that visitation or periods of physical placement
4would be in the best interests of the child.
AB108, s. 22 5Section 22. 938.207 (1) (a) of the statutes is amended to read:
AB108,11,136 938.207 (1) (a) The home of a parent or guardian, except that a juvenile may
7not be held in the home of a parent or guardian if the parent or guardian has been
8convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05
9of the 2nd-degree intentional homicide, of a parent of the juvenile, and the conviction
10has not been reversed, set aside or vacated, unless the person making the custody
11decision determines that the juvenile desires to be held in the home of the parent or
12guardian and is sufficiently mature to make such a decision and that the placement
13would be in the best interests of the juvenile
.
AB108, s. 23 14Section 23. 938.207 (1) (b) of the statutes is amended to read:
AB108,11,2215 938.207 (1) (b) The home of a relative, except that a juvenile may not be held
16in the home of a relative if the relative has been convicted under s. 940.01 of the
17first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional
18homicide, of a parent of the juvenile, and the conviction has not been reversed, set
19aside or vacated, unless the person making the custody decision determines that the
20juvenile desires to be held in the home of the relative and is sufficiently mature to
21make such a decision and that the placement would be in the best interests of the
22juvenile
.
AB108, s. 24 23Section 24. 938.34 (3) (a) of the statutes is amended to read:
AB108,12,724 938.34 (3) (a) The home of a parent or other relative of the juvenile, except that
25the court may not designate the home of a parent or other relative of the juvenile as

1the juvenile's placement if the parent or other relative has been convicted under s.
2940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree
3intentional homicide, of a parent of the juvenile, and the conviction has not been
4reversed, set aside or vacated, unless the court determines that the juvenile desires
5to be placed in the home of the parent or other relative and is sufficiently mature to
6make such a decision and that the placement would be in the best interests of the
7juvenile
.
AB108, s. 25 8Section 25. 938.34 (3) (b) of the statutes is amended to read:
AB108,12,179 938.34 (3) (b) A home which need not be The home of a person who is not
10required to be
licensed if placement is for less than 30 days, except that the judge may
11not designate the name of a person who is not required to be licensed as the juvenile's
12placement if the person has been convicted under s. 940.01 of the first-degree
13intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of
14a parent of the juvenile, and the conviction has not been reversed, set aside or
15vacated, unless the judge determines that the juvenile desires to be placed in that
16home and is sufficiently mature to make such a decision and that the placement
17would be in the best interests of the juvenile
.
AB108, s. 26 18Section 26. 938.355 (3) of the statutes is renumbered 938.355 (3) (a) and
19amended to read:
AB108,12,2220 938.355 (3) (a) If Except as provided in par. (b), if, after a hearing on the issue
21with due notice to the parent or guardian, the court finds that it would be in the best
22interest of the juvenile, the court may set reasonable rules of parental visitation.
AB108, s. 27 23Section 27. 938.355 (3) (b) of the statutes is created to read:
AB108,13,324 938.355 (3) (b) 1. Except as provided in subd. 2., the court may not grant
25visitation under par. (a) to a parent of a juvenile if the parent has been convicted

1under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the
22nd-degree intentional homicide, of the juvenile's other parent, and the conviction
3has not been reversed, set aside or vacated.
AB108,13,64 2. Subdivision 1. does not apply if the court determines that the juvenile desires
5to have visitation with the parent and is sufficiently mature to make such a decision
6and that the visitation would be in the best interests of the juvenile.
AB108, s. 28 7Section 28. 938.357 (4d) of the statutes is created to read:
AB108,13,128 938.357 (4d) (a) Except as provided in par. (b), the court may not change a
9juvenile's placement to a placement in the home of a person who has been convicted
10under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the
112nd-degree intentional homicide, of a parent of the juvenile, if the conviction has not
12been reversed, set aside or vacated.
AB108,13,1513 (b) Paragraph (a) does not apply if the court determines that the juvenile
14desires to be placed in the home of the person and is sufficiently mature to make such
15a decision and that the placement would be in the best interests of the juvenile.
AB108, s. 29 16Section 29. Initial applicability.
AB108,13,2417 (1) This act first applies to petitions for visitation or physical placement, and
18to petitions, motions or orders to show cause for revision of physical placement
19orders, that are filed on the effective date of this subsection; to petitions to restrain
20and enjoin visitation and contact with a child that are filed on the effective date of
21this subsection; and to orders of the juvenile court placing a child in the home of a
22parent, guardian or relative or setting parental visitation granted on the effective
23date of this subsection; regardless of when the conviction of first-degree or
242nd-degree intentional homicide occurred.
AB108,13,2525 (End)
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