SB188, s. 16 13Section 16. 767.245 (1m) of the statutes is created to read:
SB188,8,1714 767.245 (1m) The court may not grant visitation rights under sub. (1) to a
15person who has been convicted under s. 939.30 for the solicitation to commit the
16first-degree intentional homicide of a parent of the child, and the conviction has not
17been reversed, set aside or vacated.
SB188, s. 17 18Section 17. 767.245 (6) of the statutes is created to read:
SB188,8,2519 767.245 (6) If a person granted visitation rights with a child under this section
20is convicted under s. 939.30 for the solicitation to commit the first-degree intentional
21homicide of a parent of the child, and the conviction has not been reversed, set aside
22or vacated, the court shall modify the visitation order by denying visitation with the
23child upon petition, motion or order to show cause by a parent or guardian of the
24child, or upon the court's own motion, and upon notice to the person granted
25visitation rights.
SB188, s. 18
1Section 18. 767.247 of the statutes is created to read:
SB188,9,8 2767.247 Prohibiting visitation or physical placement if a parent kills
3other parent.
Notwithstanding ss. 767.23 (1) (am), 767.24 (1), (4) and (5), 767.51
4(3) and 767.62 (4) (a), in an action under this chapter that affects a minor child, a
5court or family court commissioner may not grant to the child's parent visitation or
6physical placement rights with the child if the parent has been convicted under s.
7939.30 for the solicitation to commit the first-degree intentional homicide of the
8child's other parent, and the conviction has not been reversed, set aside or vacated.
SB188, s. 19 9Section 19. 767.325 (4m) of the statutes is created to read:
SB188,9,1610 767.325 (4m) Denial of physical placement for killing other parent.
11Notwithstanding subs. (1) to (4), upon petition, motion or order to show cause by a
12party or on its own motion, a court shall modify a physical placement order by
13denying a parent physical placement with a child if the parent has been convicted
14under s. 939.30 for the solicitation to commit the first-degree intentional homicide
15of the child's other parent, and the conviction has not been reversed, set aside or
16vacated.
SB188, s. 20 17Section 20. 880.155 (2) of the statutes is amended to read:
SB188,9,2518 880.155 (2) If one or both parents of a minor child are deceased and the child
19is in the custody of the surviving parent or any other person, a grandparent or
20stepparent of the child may petition for visitation privileges with respect to the child,
21whether or not the person with custody is married. The grandparent or stepparent
22may file the petition in a guardianship or temporary guardianship proceeding under
23this chapter that affects the minor child or may file the petition to commence an
24independent action under this chapter. The Except as provided in sub. (3m), the
25court may grant reasonable visitation privileges to the grandparent or stepparent if

1the surviving parent or other person who has custody of the child has notice of the
2hearing and if the court determines that visitation is in the best interest of the child.
SB188, s. 21 3Section 21. 880.155 (3m) of the statutes is created to read:
SB188,10,74 880.155 (3m) The court may not grant visitation privileges to a grandparent
5or stepparent under this section if the grandparent or stepparent has been convicted
6under s. 939.30 for the solicitation to commit the first-degree intentional homicide
7of a parent of the child, and the conviction has not been reversed, set aside or vacated.
SB188, s. 22 8Section 22. 880.155 (4m) of the statutes is created to read:
SB188,10,159 880.155 (4m) If a grandparent or stepparent granted visitation privileges with
10respect to a child under this section is convicted under s. 939.30 for the solicitation
11to commit the first-degree intentional homicide of a parent of the child, and the
12conviction has not been reversed, set aside or vacated, the court shall modify the
13visitation order by denying visitation with the child upon petition, motion or order
14to show cause by a person having custody of the child, or upon the court's own motion,
15and upon notice to the grandparent or stepparent granted visitation privileges.
SB188, s. 23 16Section 23. 880.157 of the statutes is created to read:
SB188,10,22 17880.157 Prohibiting visitation or physical placement if a parent kills
18other parent.
In an action under this chapter that affects a minor child, a court may
19not grant to a parent of the child visitation or physical placement rights with the
20child if the parent has been convicted under s. 939.30 for the solicitation to commit
21the first-degree intentional homicide of the child's other parent, and the conviction
22has not been reversed, set aside or vacated.
SB188, s. 24 23Section 24. 938.207 (1) (a) of the statutes is amended to read:
SB188,11,324 938.207 (1) (a) The home of a parent or guardian, except that a juvenile may
25not be held in the home of a parent or guardian if the parent or guardian has been

1convicted under s. 939.30 for the solicitation to commit the first-degree intentional
2homicide of a parent of the juvenile, and the conviction has not been reversed, set
3aside or vacated
.
SB188, s. 25 4Section 25. 938.207 (1) (b) of the statutes is amended to read:
SB188,11,85 938.207 (1) (b) The home of a relative, except that a juvenile may not be held
6in the home of a relative if the relative has been convicted under s. 939.30 for the
7solicitation to commit the first-degree intentional homicide of a parent of the
8juvenile, and the conviction has not been reversed, set aside or vacated
.
SB188, s. 26 9Section 26. 938.34 (3) (a) of the statutes is amended to read:
SB188,11,1410 938.34 (3) (a) The home of a parent or other relative of the juvenile, except that
11the court may not designate the home of a parent or other relative of the juvenile as
12the juvenile's placement if the parent or other relative has been convicted under s.
13939.30 for the solicitation to commit the first-degree intentional homicide of a parent
14of the juvenile, and the conviction has not been reversed, set aside or vacated
.
SB188, s. 27 15Section 27. 938.34 (3) (b) of the statutes is amended to read:
SB188,11,2116 938.34 (3) (b) A home which need not be The home of a person who is not
17required to be
licensed if placement is for less than 30 days, except that the judge may
18not designate the name of a person who is not required to be licensed as the juvenile's
19placement if the person has been convicted under s. 939.30 for the solicitation to
20commit the first-degree intentional homicide of a parent of the juvenile, and the
21conviction has not been reversed, set aside or vacated
.
SB188, s. 28 22Section 28. 938.355 (3) of the statutes is renumbered 938.355 (3) (a) and
23amended to read:
SB188,12,3
1938.355 (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 court finds that it would be in the best
3interest of the juvenile, the court may set reasonable rules of parental visitation.
SB188, s. 29 4Section 29. 938.355 (3) (b) of the statutes is created to read:
SB188,12,85 938.355 (3) (b) 1. The court may not grant visitation under par. (a) to a parent
6of a juvenile if the parent has been convicted under s. 939.30 for the solicitation to
7commit the first-degree intentional homicide of the juvenile's other parent, and the
8conviction has not been reversed, set aside or vacated.
SB188,12,169 2. If a parent who is granted visitation rights with a juvenile under par. (a) is
10convicted under s. 939.30 for the solicitation to commit the first-degree intentional
11homicide of the juvenile's other parent, and the conviction has not been reversed, set
12aside or vacated, the court shall issue an order prohibiting the parent from having
13visitation with the juvenile on petition of the juvenile, the guardian or legal
14custodian of the juvenile, a person or agency bound by the dispositional order or the
15district attorney or corporation counsel of the county in which the dispositional order
16was entered, or on the court's own motion, and on notice to the parent.
SB188, s. 30 17Section 30. 938.357 (4d) of the statutes is created to read:
SB188,12,2118 938.357 (4d) (a) The court may not change a juvenile's placement to a
19placement in the home of a person who has been convicted under s. 939.30 for the
20solicitation to commit the first-degree intentional homicide of a parent of the
21juvenile, if the conviction has not been reversed, set aside or vacated.
SB188,13,422 (b) If a parent in whose home a juvenile is placed is convicted under s. 939.30
23for the solicitation to commit the first-degree intentional homicide of the juvenile's
24other parent, and the conviction has not been reversed, set aside or vacated, the court
25shall change the juvenile's placement to a placement out of the home of the parent

1on petition of the juvenile, the guardian or legal custodian of the juvenile, a person
2or agency bound by the dispositional order or the district attorney or corporation
3counsel of the county in which the dispositional order was entered, or on the court's
4own motion, and on notice to the parent.
SB188, s. 31 5Section 31. Initial applicability.
SB188,13,13 6(1) This act first applies to orders for visitation or physical placement, and to
7orders modifying or revising visitation or physical placement orders, that are
8granted on the effective date of this subsection; to petitions to restrain and enjoin
9visitation and contact with a child that are filed on the effective date of this
10subsection; and to orders of the juvenile court placing a child in or removing a child
11from the home of a parent, guardian or relative or granting or prohibiting parental
12visitation granted on the effective date of this subsection; regardless of when the
13conviction for solicitation to commit first-degree intentional homicide occurred.
SB188,13,1414 (End)
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