LRB-4383/1
SWB:skw
2021 - 2022 LEGISLATURE
October 22, 2021 - Introduced by Representatives James, Kitchens, Dittrich,
Kuglitsch, Callahan, Born, Subeck, Tittl and Sinicki, cosponsored by
Senators Ballweg, Roys and Smith. Referred to Committee on Family Law.
AB651,1,3
1An Act to amend 786.37 (2); and
to create 786.36 (1m) (c) of the statutes;
2relating to: allowing a parent to change a minor child's name when the other
3parent is convicted of certain homicide or sex offenses.
Analysis by the Legislative Reference Bureau
This bill allows a parent to change the last name of a child under 14 years old
without notice to the other parent if that other parent has been convicted of certain
homicide or sex offenses.
Under current law, a parent of a child under 14 years old who has two living
parents must file proof that the petitioning parent published notice of a petition to
change the last name of the child and, in addition, file proof that the petitioning
parent served a copy of the notice and petition on the nonpetitioning parent. Current
law allows that proof of notice to the nonpetitioning parent is not required if the
petitioning parent shows that he or she made a reasonable attempt to find and
provide notice to the nonpetitioning parent, but with reasonable diligence that the
nonpetitioning parent cannot be found or provided with notice. Under current law,
if the nonpetitioning parent appears at the hearing on the petition or otherwise
answers the petition, the court may require consent of the nonpetitioning parent
before changing the name of the child. Under the bill, if a nonpetitioning parent has
been convicted of certain homicide or sex offenses, the petitioning parent may
proceed with a petition for the name change of a child under 14 years old without
providing or attempting to provide notice to the nonpetitioning parent.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB651,1
1Section
1. 786.36 (1m) (c) of the statutes is created to read:
AB651,2,92
786.36
(1m) (c) Notwithstanding pars. (a) and (b), the name of a minor under
314 years of age who has 2 living parents may be changed on the petition of one parent
4without notice to the nonpetitioning parent and regardless of whether the
5nonpetitioning parent appears at the hearing on the petition if the nonpetitioning
6parent has been convicted of a violation of any of the following state laws or the law
7of another jurisdiction that would be a violation of any of the following state laws if
8the person had committed the offense in this state and been convicted of the offense
9under the laws of this state:
AB651,2,1010
1. First-degree intentional homicide under s. 940.01.
AB651,2,1111
2. First-degree reckless homicide under s. 940.02.
AB651,2,1212
3. Felony murder under s. 940.03.
AB651,2,1313
4. Second-degree intentional homicide under s. 940.05.
AB651,2,1414
5. Second-degree reckless homicide under s. 940.06.
AB651,2,1515
6. Assisting suicide under s. 940.12.
AB651,2,1616
7. Sexual exploitation by a therapist under s. 940.22 (2).
AB651,2,1717
8. Felony sexual assault under s. 940.225 (1), (2), or (3).
AB651,2,1818
9. Trafficking under s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies.
AB651,2,1919
10. Sexual assault of a child under s. 948.02 (1) or (2).
AB651,2,2120
11. Engaging in repeated acts of sexual assault of the same child under s.
21948.025.
AB651,3,1
112. Sexual exploitation of a child under s. 948.05.
AB651,3,22
13. Trafficking of a child under s. 948.051.
AB651,3,33
14. Causing a child to view or listen to sexual activity under s. 948.055.
AB651,3,44
15. Incest with a child under s. 948.06.
AB651,3,55
16. Child enticement under s. 948.07.
AB651,3,66
17. Use of a computer to facilitate a child sex crime under s. 948.075.
AB651,3,77
18. Soliciting a child for prostitution under s. 948.08.
AB651,3,88
19. Patronizing a child under s. 948.081.
AB651,3,99
20. Sexual assault of a child placed in substitute care under s. 948.085.
AB651,3,1110
21. Sexual assault of a child by a school staff person or a person who works or
11volunteers with children under s. 948.095.
AB651,3,1312
22. Felony exposing genitals, pubic area, or intimate parts under s. 948.10 (1)
13(a).
AB651,3,1514
23. Felony exposing a child to harmful material or harmful descriptions or
15narrations under s. 948.11 (2) (a) or (am).
AB651,3,1616
24. Possession of child pornography under s. 948.12.
AB651,3,1717
25. Child sex offender working with children under s. 948.13 (2).
AB651,2
18Section
2. 786.37 (2) of the statutes is amended to read:
AB651,4,219
786.37
(2) If the petition is for the name change of a minor under 14 years of
20age who has 2 living parents and if the petition is being made by one parent of the
21minor, the petitioner shall, in addition to publishing the notice under sub. (1), serve
22a copy of the notice and petition on the nonpetitioning parent in the same manner
23as a summons is served under s. 801.11 (1).
This subsection does not apply to a
1petition for the name change of a minor under 14 years of age made under s. 786.36
2(1m) (c).
