LRB-3155/1
PJK:bjk:ph
2009 - 2010 LEGISLATURE
October 8, 2009 - Introduced by Senators Taylor and Plale, cosponsored by
Representatives Seidel, Zigmunt, Vruwink, Turner, Clark, Berceau, Sinicki,
Grigsby, Kessler
and Pridemore. Referred to Committee on Judiciary,
Corrections, Insurance, Campaign Finance Reform, and Housing.
SB332,1,3 1An Act to renumber and amend 767.405 (14) (b) of the statutes; relating to:
2submitting custody study reports to the parties and offering custody study
3reports in accordance with the rules of evidence.
Analysis by the Legislative Reference Bureau
Under current law, in an action affecting the family, such as a divorce, if there
is a minor child and the parties do not agree on legal custody or physical placement,
the parties must be referred to mediation to attempt to resolve the contested issues.
The court may order a person or entity designated by the county to conduct a legal
custody or physical placement study to investigate such issues as the conditions of
the child's home, the parties' performance of parental duties, and whether either
party has engaged in domestic abuse. The report that results from the study is
submitted to the court, made available to the parties, and made a part of the record
of the action unless the court orders otherwise. This bill requires that the report be
submitted to both the court and the parties at least ten days before it is introduced
into evidence. The court may review the report but may not rely upon it as evidence
before it is properly introduced. The report must be offered in accordance with the
rules of evidence, and is a part of the record in the action if it is so offered and
admitted into evidence.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB332, s. 1
1Section 1. 767.405 (14) (b) of the statutes is renumbered 767.405 (14) (b) 1. and
2amended to read:
SB332,2,83 767.405 (14) (b) 1. The person or entity investigating the parties under par. (a)
4shall complete the investigation and, prepare a report of the results, and, at least 10
5days before the report is introduced into evidence under subd. 2.,
submit the results
6report to the court. The court shall make the results available and to both parties.
7The court may review the report, but may not rely upon it as evidence before it is
8properly introduced under subd. 2.
SB332,2,11 92. The report under subd. 1. shall be offered in accordance with the rules of
10evidence and shall be
a part of the record in the action unless the court orders
11otherwise
if it is so offered and admitted into evidence.
SB332, s. 2 12Section 2. Initial applicability.
SB332,2,1413 (1) This act first applies to legal custody and physical placement study reports
14that are completed on the effective date of this subsection.
SB332,2,1515 (End)
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