AB213: Bill Text

LRB-1978/1

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2005 - 2006 LEGISLATURE

2005 Assembly BILL 213

March 16, 2005 - Introduced by Representatives Moulton, Kreibich, Suder, Pettis, Gronemus, Petrowski, Nass, Vos, Musser, Hines, Mursau, Krawczyk, Bies, Van Roy, Hahn, Gunderson, Montgomery, Albers, Townsend, Pridemore and Ott, cosponsored by Senators Harsdorf, Brown, Roessler, Lassa, Olsen and Kanavas. Referred to Committee on Family Law.

AB213,1,3 An Act to create 48.415 (11) of the statutes; relating to: termination of parental rights on the grounds of manufacturing methamphetamine with a child of the person whose parental rights are sought to be terminated present.

Analysis by the Legislative Reference Bureau

Under current law, the parental rights of a parent to a child may be terminated involuntarily on various grounds including the ground that the parent has committed a serious felony, such as homicide, assault, or sexual assault, against a child of the parent. This bill permits the parental rights of a parent to a child to be terminated involuntarily on the ground that the parent has manufactured methamphetamine with a child of the parent present. Under the bill, this ground must be established by proving that the parent has been convicted of manufacturing methamphetamine or a controlled substance analog of methamphetamine and that a child of the parent was present when the methamphetamine was being manufactured.

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:

AB213, s. 1 Section 1. 48.415 (11) of the statutes is created to read:

AB213,2,7 48.415 (11) Manufacturing methamphetamine with a child of the person present, which shall be established by proving that the person whose parental rights are sought to be terminated has been convicted of manufacturing methamphetamine or a controlled substance analog of methamphetamine under s. 961.41 (1) (e) or under the law of any other state or federal law as evidenced by a final judgment of conviction and that a child of the person was present when the methamphetamine was being manufactured.

AB213, s. 2 Section 2. Initial applicability.

AB213,2,16 (1) Termination of parental rights on grounds of manufacturing methamphetamine with child present. This act first applies to a petition for termination of parental rights under section 48.42 (1) of the statutes filed on the effective date of this subsection, but precludes consideration of a conviction under section 961.41 (1) (e) of the statutes or under the law of any other state or federal law obtained before the effective date of this subsection in determining whether to terminate, or to find grounds to terminate, the parental rights of a person under section 48.415 (11) of the statutes, as created by this act.

AB213,2,17 (End)