LRB-1225/3
PJK:jrd:aj
1995 - 1996 LEGISLATURE
April 26, 1995 - Introduced by Senators Buettner, Huelsman, Darling, Cowles,
Rosenzweig, A. Lasee and Petak, cosponsored by Representatives Green,
Krusick, Ladwig, Wasserman, Owens, Duff, Brandemuehl, Dobyns,
Underheim, F. Lasee, Goetsch, Olsen, Wirch, Albers, Kelso, Ott, Seratti,
Klusman, Gunderson, Grothman, Ziegelbauer, Hahn, Lazich and Ainsworth.
Referred to Committee on Judiciary.
SB151,1,8
1An Act to renumber 767.001 (1);
to amend 343.15 (2) (a), 767.24 (6) (b), 767.45
2(5) (b), 767.455 (5g) (intro.), 767.455 (5g) (c) 7., 767.455 (5r), 767.458 (1) (c),
3767.458 (1) (d), 767.458 (1m), 767.458 (2), 767.46 (1), 767.46 (4), 767.465 (2) (a),
4767.47 (1) (c), 767.47 (1) (d), 767.47 (3), 767.48 (title), 767.48 (1) (a), 767.48 (1)
5(b), 767.48 (1m), 767.48 (2), 767.48 (4), 767.48 (5) (intro.), 767.48 (5) (a), 767.48
6(5) (b), 767.48 (6), 767.48 (7), 767.51 (3), 767.52 (2m), 767.62 (3), 885.23 and
7948.01 (1g); and
to create 767.001 (1m) of the statutes;
relating to: allowing
8genetic testing for paternity determinations.
Analysis by the Legislative Reference Bureau
Under current law, a court or family court commissioner in a paternity action
may order the parties and the child to submit to blood tests without the request of
a party. Any party, however, may request blood tests, in which case the court or
family court commissioner must order the tests. The tests can either exclude the
person alleged to be the father as the father of the child or show the probability that
the person alleged to be the father of the child is the father of the child. If the tests
show that the alleged father is the father of the child with a statistical probability
of 99.0% or higher, the alleged father is rebuttably presumed to be the father of the
child. Additionally under current law, a court in any civil action in which it is
relevant to determine the parentage or identity of any child, person or corpse may
order blood tests for that purpose.
Testing to determine a child's paternity or a person's identity is testing for
genetic sameness or similarity. Blood tests are genetic tests performed on blood cells.
Genetic tests may also be performed on other types of cells, including skin cells.
There may be differences in the costs or the timing of the tests, depending on the body
material used. This bill provides that in situations in which a court or family court
commissioner could order blood tests, or in which a party could request blood tests,
a court or family court commissioner may order, or a party may request, genetic tests.
A genetic test is defined in the bill as a test that examines genetic markers present
on the cells of the body material being used in the test for the purpose of determining
the statistical probability of an alleged father's paternity.
For further information see the 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:
SB151, s. 1
1Section
1. 343.15 (2) (a) of the statutes is amended to read:
SB151,2,32
343.15
(2) (a) In this subsection, "custody" does not mean joint legal custody
3as defined in s. 767.001
(1) (1s).
SB151, s. 2
4Section
2. 767.001 (1) of the statutes is renumbered 767.001 (1s).
SB151, s. 3
5Section
3. 767.001 (1m) of the statutes is created to read:
SB151,2,96
767.001
(1m) "Genetic test" means a test that examines genetic markers
7present on blood cells, skin cells, tissue cells, bodily fluid cells or cells of another body
8material for the purpose of determining the statistical probability of an alleged
9father's paternity.
SB151, s. 4
10Section
4. 767.24 (6) (b) of the statutes is amended to read:
SB151,2,1311
767.24
(6) (b) Notwithstanding s. 767.001
(1) (1s), in making an order of joint
12legal custody, the court may give one party sole power to make specified decisions,
13while both parties retain equal rights and responsibilities for other decisions.
SB151, s. 5
14Section
5. 767.45 (5) (b) of the statutes is amended to read:
SB151,3,1015
767.45
(5) (b) An action under this section may be joined with any other action
16for child support and shall be governed by the procedures specified in s. 767.05
17relating to child support, except that the title of the action shall be "In re the
1paternity of A.B." The petition shall state the name and date of birth of the child if
2born or that the mother is pregnant if the child is unborn, the name of any alleged
3father, whether or not an action by any of the parties to determine the paternity of
4the child or rebut the presumption of paternity to the child has at any time been
5commenced, or is pending before any judge or court commissioner, in this state or
6elsewhere. If a paternity judgment has been rendered, or if a paternity action has
7been dismissed, the petition shall state the court which rendered the judgment or
8dismissed the action, and the date and the place the judgment was granted if known.
9The petition shall also give notice of a party's right to request a
blood genetic test
10under s. 767.48.
SB151, s. 6
11Section
6. 767.455 (5g) (intro.) of the statutes is amended to read:
SB151,3,1312
767.455
(5g) Notice. (intro.) The notice to respondent shall be attached to the
13summons. The notice shall be in boldface type and substantially the following form:
SB151,3,1414
NOTICE TO RESPONDENT
SB151,3,2015
1. You have been named in a petition alleging paternity. A judgment of
16paternity would legally designate the child as your child, grant parental rights to
17you, create the right of inheritance for the child, obligate you to pay child support
18until the child reaches the age of 18, or the age 19 if the child is enrolled full-time
19in high school or its equivalent, and make your failure to pay child support
20punishable by imprisonment as a contempt of court or as a criminal violation.
SB151,4,221
2. You have the right to be represented by an attorney. If you are unable to
22afford an attorney, the court will appoint one for you subject to certain limitations.
23One limitation is that representation by the appointed attorney will end if during the
24proceedings all of the
blood genetic tests show that you are excluded as the father or
25that the statistical probability of your being the father is 99.0% or higher. In order
1to determine whether you are entitled to have an attorney appointed for you, you may
2call the following telephone number .... .
SB151,4,63
3. You may request
blood genetic tests which will indicate the probability that
4you are or are not the father of the child. The court will order
blood genetic tests on
5request by you, the state or any other party. Any person who refuses to take
6court-ordered
blood genetic tests may be punished for contempt of court.
SB151,4,117
4. The petitioner has the burden of proving by
a clear and satisfactory
8preponderance of the evidence that you are the father. However, if
blood genetic tests
9show that you are not excluded as the father and that the statistical probability of
10your being the father is 99.0% or higher, you are rebuttably presumed to be the
11father.
SB151,4,1212
5. The following defenses are available to you:
SB151, s. 7
13Section
7. 767.455 (5g) (c) 7. of the statutes is amended to read:
SB151,4,2214
767.455
(5g) (c) 7. If you fail to appear at any stage of the proceeding, including
15a scheduled
blood genetic test, the court will enter a default judgment finding you
16to be the father. A default judgment will take effect 30 days after it is served on or
17mailed to you at your address on file with the court, unless within those 30 days you
18present to the court evidence of good cause for your failure to appear or your failure
19to have undergone a
blood genetic test. You need not appear at the time and place
20specified in the summons if you complete the attached waiver of first appearance
21statement and deliver it to the court by the date specified in the waiver of first
22appearance statement.
SB151, s. 8
23Section
8. 767.455 (5r) of the statutes is amended to read:
SB151,5,3
1767.455
(5r) Waiver of first appearance. The waiver of first appearance
2statement shall be attached to the summons. The waiver of first appearance
3statement shall be in boldface type and substantially the following form:
SB151,5,44
WAIVER OF FIRST APPEARANCE
SB151,5,85
1. I understand that by signing this waiver and agreeing to its terms I am not
6required to appear at the time and place specified in the summons. If I do not sign
7this statement, I am required to appear at the time and place specified in the
8summons.
SB151,5,159
2. I understand that I will be notified by the court of all future stages in the
10proceeding and agree to appear at those stages. If I fail to appear at any stage,
11including a scheduled
blood genetic test, the court will enter a default judgment
12finding me to be the father. A default judgment will take effect 30 days after it is
13served on or mailed to me, unless within those 30 days I present to the court evidence
14of good cause for my failure to appear or my failure to have undergone a
blood genetic 15test.
SB151,5,1616
3. I enter the following plea (check only one):
SB151,5,1717
.... I agree that I am the child's father.
SB151,5,1818
.... I deny that I am the child's father.
SB151,5,2019
.... I agree that I am the child's father, subject to confirmation by a
blood genetic 20test.
SB151,5,2421
If I enter a plea agreeing that I am the child's father, a judgment of paternity
22will be entered against me. If I enter a plea denying that I am the child's father or
23a plea agreeing that I am the child's father, subject to a
blood genetic test, I agree to
24undergo a
blood genetic test.
SB151,5,2525
4. I have read the summons and the notice or have had them read to me.
SB151,6,2
15. This waiver of first appearance statement is valid only if it is delivered to the
2court on or before .....
SB151,6,43
6. I will keep the clerk of court informed of my address at all times. The
4following is my current address:
SB151,6,55
..............................................................
SB151,6,66
Street address and apartment number
SB151,6,77
..............................................
SB151,6,88
City State Zip Code
SB151,6,99
........ ......................................
SB151,6,1010
Date Signature of Respondent
SB151, s. 9
11Section
9. 767.458 (1) (c) of the statutes is amended to read:
SB151,6,1512
767.458
(1) (c) Except as provided under sub. (1m), the respondent may request
13the administration of
blood genetic tests which either demonstrate that he is not the
14father of the child or which demonstrate the probability that he is or is not the father
15of the child;