AB68,1607,5
1(b) If a statement acknowledging paternity parentage is timely rescinded as
2provided in s. 69.15 (3m), a court may not enter an order specified in sub. (4) with
3respect to the male person who signed the statement as the father parent of the child
4unless the male person is adjudicated the child's father parent using the procedures
5set forth in this subchapter, except for this section.
AB68,1607,11 6(3) (title) Actions when paternity parentage acknowledged. (a) Unless the
7statement acknowledging paternity parentage has been rescinded, an action
8affecting the family concerning custody, child support or physical placement rights
9may be brought with respect to persons who, with respect to a child, jointly signed
10and filed with the state registrar under s. 69.15 (3) (b) 3. as parents of the child a
11statement acknowledging paternity parentage.
AB68,3048 12Section 3048 . 767.805 (4) (intro.) of the statutes is amended to read:
AB68,1607,1613 767.805 (4) Orders when paternity parentage acknowledged. (intro.) In an
14action under sub. (3) (a), if the persons who signed and filed the statement
15acknowledging paternity as parents parentage of the child had notice of the hearing,
16the court shall make an order that contains all of the following provisions:
AB68,3049 17Section 3049 . 767.805 (4) (d) of the statutes is amended to read:
AB68,1608,218 767.805 (4) (d) 1. An order establishing the amount of the father's obligation
19to pay or contribute to the reasonable expenses of the mother's pregnancy and the
20child's birth
childbirth by the parent who did not give birth. The amount established
21may not exceed one-half of the total actual and reasonable pregnancy and birth
22expenses. The order also shall specify the court's findings as to whether the father's
23parent who did not give birth has an income that is at or below the poverty line
24established under 42 USC 9902 (2), and shall specify whether periodic payments are

1due on the obligation, based on the father's parent's ability to pay or contribute to
2those expenses.
AB68,1608,63 2. If the order does not require periodic payments because the father parent has
4no present ability to pay or contribute to the expenses, the court may modify the
5judgment or order at a later date to require periodic payments if the father parent
6has the ability to pay at that time.
AB68,3050 7Section 3050 . 767.805 (5) of the statutes is amended to read:
AB68,1608,128 767.805 (5) Voiding determination. (a) A determination of paternity
9parentage that arises under this section may be voided at any time upon a motion
10or petition stating facts that show fraud, duress or a mistake of fact. Except for good
11cause shown, any orders entered under sub. (4) shall remain in effect during the
12pendency of a proceeding under this paragraph.
AB68,1608,1913 (b) If a court in a proceeding under par. (a) determines that the male person is
14not the father parent of the child, the court shall vacate any order entered under sub.
15(4) with respect to the male person. The court or the county child support agency
16under s. 59.53 (5) shall notify the state registrar, in the manner provided in s. 69.15
17(1) (b), to remove the male's person's name as the father parent of the child from the
18child's birth record. No paternity action may thereafter be brought against the male
19person with respect to the child.
AB68,3051 20Section 3051 . 767.805 (6) (a) (intro.) of the statutes is amended to read:
AB68,1608,2221 767.805 (6) (a) (intro.) This section does not apply unless all of the following
22apply to the statement acknowledging paternity parentage:
AB68,3052 23Section 3052 . 767.855 of the statutes is amended to read:
AB68,1609,10 24767.855 Dismissal if adjudication not in child's best interest. Except as
25provided in s. 767.863 (1m), at any time in an action to establish the paternity of a

1child, upon the motion of a party or guardian ad litem or the child's mother if she is
2not a party
, the court or supplemental court commissioner under s. 757.675 (2) (g)
3may, if the court or supplemental court commissioner determines that a judicial
4determination of whether a male is the father of the child is not in the best interest
5of the child, dismiss the action with respect to the male, regardless of whether genetic
6tests have been performed or what the results of the tests, if performed, were.
7Notwithstanding ss. 767.813 (5g) (form) 4., 767.84 (1) and (2), 767.863 (2), 767.865
8(2), and 767.88 (4), if genetic tests have not yet been performed with respect to the
9male, the court or supplemental court commissioner is not required to order those
10genetic tests.
AB68,3053 11Section 3053 . 767.863 (1m) of the statutes is amended to read:
AB68,1609,2212 767.863 (1m) Paternity allegation by male person other than husband
13spouse; when determination not in best interest of child. In an action to establish
14the paternity of a child who was born to a woman while she was married, if a male
15person other than the woman's husband spouse alleges that he, not the husband
16woman's spouse, is the child's father biological parent, a party, or the woman if she
17is not a party,
may allege that a judicial determination that a male person other than
18the husband woman's spouse is the father biological parent is not in the best interest
19of the child. If the court or a supplemental court commissioner under s. 757.675 (2)
20(g) determines that a judicial determination of whether a male person other than the
21husband woman's spouse is the father biological parent is not in the best interest of
22the child, no genetic tests may be ordered and the action shall be dismissed.
AB68,3054 23Section 3054 . 767.87 (1m) (intro.) of the statutes is amended to read:
AB68,1610,324 767.87 (1m) Birth record required. (intro.) If the child was born in this state,
25the petitioner shall present a certified copy of the child's birth record or a printed copy

1of the record from the birth database of the state registrar to the court, so that the
2court is aware of whether a name has been inserted on the birth record as the father
3parent of the child other than the mother, at the earliest possible of the following:
AB68,3055 4Section 3055 . 767.87 (8) of the statutes is amended to read:
AB68,1610,95 767.87 (8) Burden of proof. The party bringing an action for the purpose of
6determining paternity or for the purpose of declaring the nonexistence of paternity
7presumed under s. 891.405, 891.407, or the nonexistence of parentage presumed
8under s. 891.405 or
891.41 (1) shall have the burden of proving the issues involved
9by clear and satisfactory preponderance of the evidence.
AB68,3056 10Section 3056 . 767.87 (9) of the statutes is amended to read:
AB68,1610,1411 767.87 (9) Artificial insemination; natural father parent . Where If a child
12is conceived by artificial insemination, the husband spouse of the mother of the child
13at the time of the conception of the child is the natural father parent of the child, as
14provided in s. 891.40.
AB68,3057 15Section 3057 . 767.883 (1) of the statutes is amended to read:
AB68,1611,1116 767.883 (1) Two parts. The trial shall be divided into 2 parts, the first part
17dealing with the determination of paternity parentage and the 2nd part dealing with
18child support, legal custody, periods of physical placement, and related issues. The
19main issue at the first part shall be whether the alleged or presumed father parent
20is or is not the father parent of the mother's child, but if the child was born to the
21mother while she was the lawful wife spouse of a specified male person, the prior
22issue of whether the husband mother's spouse was not the father parent of the child
23shall be determined first, as provided under s. 891.39. The first part of the trial shall
24be by jury only if the defendant verbally requests a jury trial either at the initial
25appearance or pretrial hearing or requests a jury trial in writing prior to the pretrial

1hearing. The court may direct and, if requested by either party before the
2introduction of any testimony in the party's behalf, shall direct the jury to find a
3special verdict as to any of the issues specified in this section, except that the court
4shall make all of the findings enumerated in s. 767.89 (2) to (4). If the mother is dead,
5becomes insane, cannot be found within the jurisdiction, or fails to commence or
6pursue the action, the proceeding does not abate if any of the persons under s. 767.80
7(1) makes a motion to continue. The testimony of the mother taken at the pretrial
8hearing may in any such case be read in evidence if it is competent, relevant, and
9material. The issues of child support, custody, and visitation, and related issues shall
10be determined by the court either immediately after the first part of the trial or at
11a later hearing before the court.
AB68,3058 12Section 3058 . 769.316 (9) of the statutes is amended to read:
AB68,1611,1513 769.316 (9) The defense of immunity based on the relationship of husband and
14wife
between spouses or parent and child does not apply in a proceeding under this
15chapter.
AB68,3059 16Section 3059 . 769.401 (2) (a) of the statutes is amended to read:
AB68,1611,1717 769.401 (2) (a) A parent or presumed father parent of the child.
AB68,3060 18Section 3060 . 769.401 (2) (g) of the statutes is repealed.
AB68,3061 19Section 3061 . 801.02 (1) of the statutes is amended to read:
AB68,1611,2420 801.02 (1) A Except as provided in s. 20.9315 (5) (b), a civil action in which a
21personal judgment is sought is commenced as to any defendant when a summons and
22a complaint naming the person as defendant are filed with the court, provided service
23of an authenticated copy of the summons and of the complaint is made upon the
24defendant under this chapter within 90 days after filing.
AB68,3062 25Section 3062. 801.50 (5sb) of the statutes is created to read:
AB68,1612,2
1801.50 (5sb) Venue of an action under s. 813.124 shall be in the county in which
2the cause of action arose or where the petitioner or the respondent resides.
AB68,3063 3Section 3063 . 803.09 (1) of the statutes is amended to read:
AB68,1612,94 803.09 (1) Upon Except as provided in s. 20.9315, upon timely motion anyone
5shall be permitted to intervene in an action when the movant claims an interest
6relating to the property or transaction which is the subject of the action and the
7movant is so situated that the disposition of the action may as a practical matter
8impair or impede the movant's ability to protect that interest, unless the movant's
9interest is adequately represented by existing parties.
AB68,3064 10Section 3064 . 803.09 (2) of the statutes is amended to read:
AB68,1612,2011 803.09 (2) Upon Except as provided in s. 20.9315, upon timely motion anyone
12may be permitted to intervene in an action when a movant's claim or defense and the
13main action have a question of law or fact in common. When a party to an action
14relies for ground of claim or defense upon any statute or executive order or rule
15administered by a federal or state governmental officer or agency or upon any
16regulation, order, rule, requirement or agreement issued or made pursuant to the
17statute or executive order, the officer or agency upon timely motion may be permitted
18to intervene in the action. In exercising its discretion the court shall consider
19whether the intervention will unduly delay or prejudice the adjudication of the rights
20of the original parties.
AB68,3065 21Section 3065 . 803.09 (2m) of the statutes is repealed.
AB68,3066 22Section 3066 . 804.01 (2) (intro.) of the statutes is amended to read:
AB68,1612,2523 804.01 (2) Scope of discovery. (intro.) Unless Except as provided in s. 20.9315
24(9), and unless
otherwise limited by order of the court in accordance with the
25provisions of this chapter, the scope of discovery is as follows:
AB68,3067
1Section 3067. 805.04 (1) of the statutes is amended to read:
AB68,1613,92 805.04 (1) By plaintiff; by stipulation. An Except as provided in sub. (2p), an
3action may be dismissed by the plaintiff without order of court by serving and filing
4a notice of dismissal at any time before service by an adverse party of responsive
5pleading or motion or by the filing of a stipulation of dismissal signed by all parties
6who have appeared in the action. Unless otherwise stated in the notice of dismissal
7or stipulation, the dismissal is not on the merits, except that a notice of dismissal
8operates as an adjudication on the merits when filed by a plaintiff who has once
9dismissed in any court an action based on or including the same claim.
AB68,3068 10Section 3068 . 805.04 (2p) of the statutes is created to read:
AB68,1613,1411 805.04 (2p) False claims. An action filed under s. 20.9315 may be dismissed
12only by order of the court. In determining whether to dismiss the action filed under
13s. 20.9315, the court shall take into account the best interests of the parties and the
14purposes of s. 20.9315.
AB68,3069 15Section 3069 . 806.04 (11) of the statutes is amended to read:
AB68,1614,2116 806.04 (11) Parties. When declaratory relief is sought, all persons shall be
17made parties who have or claim any interest which would be affected by the
18declaration, and no declaration may prejudice the right of persons not parties to the
19proceeding. In any proceeding which involves the validity of a municipal ordinance
20or franchise, the municipality shall be made a party, and shall be entitled to be heard.
21If a statute, ordinance, or franchise is alleged to be unconstitutional, or to be in
22violation of or preempted by federal law, or if the construction or validity of a statute
23is otherwise challenged,
the attorney general shall also be served with a copy of the
24proceeding and be entitled to be heard. If a statute is alleged to be unconstitutional,
25or to be in violation of or preempted by federal law, or if the construction or validity

1of a statute is otherwise challenged, the speaker of the assembly, the president of the
2senate, and the senate majority leader shall also be served with a copy of the
3proceeding, and the assembly, the senate, and the state legislature are entitled to be
4heard. If the assembly, the senate, or the joint committee on legislative organization
5intervenes as provided under s. 803.09 (2m), the assembly shall represent the
6assembly, the senate shall represent the senate, and the joint committee on
7legislative organization shall represent the legislature.
In any proceeding under this
8section in which the constitutionality, construction, or application of any provision
9of ch. 227, or of any statute allowing a legislative committee to suspend, or to delay
10or prevent the adoption of, a rule as defined in s. 227.01 (13) is placed in issue by the
11parties, the joint committee for review of administrative rules shall be served with
12a copy of the petition and, with the approval of the joint committee on legislative
13organization, shall be made a party and be entitled to be heard. In any proceeding
14under this section in which the constitutionality, construction, or application of any
15provision of ch. 13, 20, 111, 227, or 230 or subch. I, III, or IV of ch. 16 or s. 753.075,
16or of any statute allowing a legislative committee to suspend, or to delay or prevent
17the adoption of, a rule as defined in s. 227.01 (13) is placed in issue by the parties,
18the joint committee on legislative organization shall be served with a copy of the
19petition and the joint committee on legislative organization, the senate committee
20on organization, or the assembly committee on organization may intervene as a party
21to the proceedings and be heard.
AB68,3070 22Section 3070. 808.075 (4) (g) 3. of the statutes is amended to read:
AB68,1614,2423 808.075 (4) (g) 3. Imposition of sentence upon revocation of probation under s.
24973.10 (2) (a) (bm) 2. a.
AB68,3071 25Section 3071 . 809.13 of the statutes is amended to read:
AB68,1615,5
1809.13 Rule (Intervention). A person who is not a party to an appeal may
2file in the court of appeals a petition to intervene in the appeal. A party may file a
3response to the petition within 11 days after service of the petition. The court may
4grant the petition upon a showing that the petitioner's interest meets the
5requirements of s. 803.09 (1), or (2), or (2m).
AB68,3072 6Section 3072. 813.06 of the statutes is amended to read:
AB68,1615,15 7813.06 Security for damages. In proceedings under s. 767.225 the court or
8judge may, and in all other proceedings except proceedings under ss. 813.12, 813.122,
9813.124, 813.125 and 823.113 the court or judge shall, require a bond of the party
10seeking an injunction, with sureties, to the effect that he or she will pay to the party
11enjoined such damages, not exceeding an amount to be specified, as he or she may
12sustain by reason of the injunction if the court finally decides that the party was not
13entitled thereto. Copies of such bond, affidavit or other pleading shall be served upon
14the party enjoined and the officer serving the same shall, within 8 days after such
15service, file his or her return in the office of the clerk of the court.
AB68,3073 16Section 3073. 813.124 of the statutes is created to read:
AB68,1615,18 17813.124 Extreme risk protection injunctions. (1) Definitions. In this
18section:
AB68,1615,1919 (a) “Family or household member” means any of the following:
AB68,1615,2020 1. A person related by blood, adoption, or marriage to the respondent.
AB68,1615,2221 2. A person with whom the respondent has or had a dating relationship, as
22defined in s. 813.12 (1) (ag), or with whom the respondent has a child in common.
AB68,1615,2423 3. A person who resides with, or within the 6 months before filing a petition,
24had resided with, the respondent.
AB68,1615,2525 4. A domestic partner under ch. 770 of the respondent.
AB68,1616,3
15. A person who is acting or has acted as the respondent's legal guardian or who
2is or was a foster parent or other physical custodian described in s. 48.62 (2) of the
3respondent.
AB68,1616,64 6. A person for whom the respondent is acting or has acted as a legal guardian
5or for whom the respondent is or was the foster parent or other physical custodian
6described in s. 48.62 (2).
AB68,1616,77 (b) “Firearms dealer" has the meaning given in s. 175.35 (1) (ar).
AB68,1616,88 (c) “Law enforcement officer” has the meaning given in s. 165.85 (2) (c).
AB68,1617,2 9(2) Commencement of action and response. (a) No action under this section
10may be commenced by complaint and summons. An action under this section may
11be commenced only by a petition described under sub. (4) (a). The action commences
12with the sheriff serving the petition on the respondent if a copy of the petition is filed
13before service or promptly after service. If the petitioner files an affidavit with the
14court stating that personal service by the sheriff under s. 801.11 (1) (a) or (b) was
15unsuccessful because the respondent is avoiding service by concealment or
16otherwise, the judge or circuit court commissioner shall inform the petitioner that
17the petitioner may serve the respondent by publication of a summary of the petition
18as a class 1 notice, under ch. 985, and by mailing or sending a facsimile if the
19respondent's post-office address or facsimile number is known or can with due
20diligence be ascertained. The mailing or sending of a facsimile may be omitted if the
21post-office address or facsimile number cannot be ascertained with due diligence.
22A summary of the petition published as a class 1 notice shall include the name of the
23respondent and of the petitioner, notice of the temporary restraining order, and
24notice of the date, time, and place of the hearing regarding the injunction. The court

1shall inform the petitioner in writing that the petitioner should contact the sheriff
2to verify the proof of service of the petition.
AB68,1617,53 (b) Section 813.06 does not apply to an action under this section. The
4respondent may respond to the petition either in writing before or at the injunction
5hearing or orally at the injunction hearing.
AB68,1617,86 (c) When the respondent is served with the petition under this subsection, the
7respondent shall be provided notice of the requirements and penalties under s.
8941.29.
AB68,1617,15 9(2m) Two-part procedure. Procedure for an action under this section is in 2
10parts. First, if the petitioner requests a temporary restraining order, the court shall
11issue or refuse to issue that order. Second, the court shall hold a hearing on whether
12to issue an injunction, which is the final relief, under sub. (3). If the court issues a
13temporary restraining order, the order shall set forth the date for the hearing on an
14injunction. If the court does not issue a temporary restraining order, the date for the
15hearing shall be set upon motion by either party.
AB68,1617,21 16(2t) Temporary restraining order. (a) A judge or circuit court commissioner
17shall issue a temporary restraining order prohibiting the respondent from
18possessing a firearm and ordering the respondent to surrender all of the firearms in
19the respondent's possession if the judge or circuit court commissioner finds
20reasonable grounds that the respondent is substantially likely to injure the
21respondent or another person if the respondent possesses a firearm.
AB68,1617,2222 (am) The order issued under par. (a) shall require one of the following:
AB68,1618,323 1. If the respondent is present at the hearing, the respondent to immediately
24surrender all firearms in the respondent's possession to the sheriff of the county in
25which the action under this section was commenced or to the sheriff of the county in

1which the respondent resides. The sheriff to whom the firearms are surrendered
2may, at the request of the respondent, arrange for the transfer or sale of the firearms
3to a firearms dealer.
AB68,1618,44 2. One of the following:
AB68,1618,95 a. If the respondent is not present at the hearing and the sheriff personally
6serves the respondent with the order issued under par. (a), the sheriff to require the
7respondent to immediately surrender all firearms in the respondent's possession.
8The sheriff may, at the request of the respondent, arrange for the transfer or sale of
9the firearms to a firearms dealer.
AB68,1618,1610 b. If the respondent is not present at the hearing and the sheriff does not
11personally serve the respondent with the order issued under par. (a), the respondent
12to, within 24 hours of service, surrender all firearms in the respondent's possession
13to the sheriff or transfer or sell all firearms in the respondent's possession to a
14firearms dealer. Within 48 hours of service, the respondent shall file with the court
15that issued the order under par. (a) a receipt from the sheriff or firearms dealer
16indicating that the respondent surrendered the firearms.
AB68,1618,1817 (an) 1. The court may schedule a hearing to surrender firearms for any reason
18relevant to the surrender of firearms.
AB68,1618,2319 2. If the respondent does not comply with par. (am) or, if applicable, an order
20issued at a hearing to surrender firearms, or a law enforcement officer has probable
21cause to believe that the respondent possesses a firearm, the law enforcement officer
22shall request a search warrant to seize the firearms and may use information
23contained in the petition to establish probable cause.
AB68,1619,3
1(b) Notice need not be given to the respondent before issuing a temporary
2restraining order under this subsection. A temporary restraining order may be
3entered only against the respondent named in the petition.
AB68,1619,114 (c) A temporary restraining order issued under this subsection is in effect until
5a hearing is held on issuance of an injunction under sub. (3). A judge shall hold a
6hearing on issuance of an injunction under sub. (3) within 14 days after the
7temporary restraining order is issued, unless the time is extended once for up to 14
8days upon the written consent of the parties or upon a finding that the respondent
9has not been served with a copy of the temporary restraining order although the
10petitioner has exercised due diligence. A judge may not extend the temporary
11restraining order in lieu of ruling on the issuance of an injunction.
AB68,1619,1612 (d) The judge or circuit court commissioner shall advise the petitioner of the
13right to serve the respondent the petition by published notice if with due diligence
14the respondent cannot be served as provided under s. 801.11 (1) (a) or (b). The clerk
15of the circuit court shall assist the petitioner with the preparation of the notice and
16filing of the affidavit of printing.
AB68,1619,20 17(3) Injunction. (a) A judge may grant an injunction prohibiting the respondent
18from possessing a firearm and, if the respondent was not subject to a temporary
19restraining order under sub. (2t), ordering the respondent to surrender all firearms
20in the respondent's possession if all of the following occur:
AB68,1619,2221 1. The petitioner files a petition alleging the elements set forth under sub. (4)
22(a).
AB68,1620,223 2. The petitioner serves upon the respondent a copy or summary of the petition
24and notice of the time for hearing on the issuance of the injunction, or the respondent

1serves upon the petitioner notice of the time for hearing on the issuance of the
2injunction.
AB68,1620,53 3. The judge finds by clear and convincing evidence that the respondent is
4substantially likely to injure himself or herself or another person if the respondent
5possesses a firearm.
AB68,1620,76 (b) The judge may enter an injunction only against the respondent named in
7the petition.
AB68,1620,108 (c) 1. Unless a judge vacates the injunction under par. (d), an injunction under
9this subsection is effective for a period determined by the judge that is no longer than
10one year.
AB68,1620,1411 2. When an injunction expires, the court shall extend the injunction, upon
12petition, for up to one year if the judge finds by clear and convincing evidence that
13the respondent is still substantially likely to injure himself or herself or another
14person if the respondent possesses a firearm.
AB68,1620,2115 (d) A respondent who is subject to an injunction issued under this subsection
16may request in writing a judge to vacate the injunction one time during any
17injunction period. If a respondent files a request under this paragraph, the
18petitioner shall be notified of the request before the judge considers the request. The
19judge shall vacate the injunction if the respondent demonstrates by clear and
20convincing evidence that the respondent is no longer substantially likely to injure
21himself or herself or another person if the respondent possesses a firearm.
AB68,1620,2322 (e) An injunction issued under this subsection shall inform the respondent
23named in the petition of the requirements and penalties under s. 941.29.
AB68,1620,24 24(4) Petition. (a) The petition shall allege facts sufficient to show the following:
AB68,1621,2
11. The name of the petitioner and, unless the petitioner is a law enforcement
2officer, how the petitioner is a family or household member of the respondent.
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