AB68: Bill Text

AB68,1621,5 3. That the respondent is substantially likely to injure himself or herself or another person if the respondent possesses a firearm.

AB68,1621,7 4. If the petitioner knows, the number, types, and locations of any firearms that the respondent possesses.

AB68,1621,9 (b) The clerk of the circuit court shall provide simplified forms to help a person file a petition.

AB68,1621,10 (c) Only the following persons may file a petition under this section:

AB68,1621,11 1. A law enforcement officer.

AB68,1621,12 2. A family or household member of the respondent.

AB68,1621,20 (5) Enforcement assistance. (a) 1. If an injunction is issued, extended, or vacated under sub. (3), the clerk of the circuit court shall notify the department of justice of the action and shall provide the department of justice with information concerning the period during which the injunction is in effect or the date on which the injunction is vacated and with information necessary to identify the respondent for purposes of responding to a request under s. 165.63 or for purposes of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).

AB68,1621,24 2. Except as provided in subd. 3., the department of justice may disclose information that it receives under subd. 1. only to respond to a request under s. 165.63 or as part of a firearms restrictions record search under s. 175.35 (2g) (c) or a background check under s. 175.60 (9g) (a).

AB68,1622,3 3. The department of justice shall disclose any information that it receives under subd. 1. to a law enforcement agency when the information is needed for law enforcement purposes.

AB68,1622,8 (b) Within one business day after an injunction is issued, extended, or vacated under this section, the clerk of the circuit court shall send a copy of the injunction, or of the order extending or vacating an injunction, to the sheriff or to any other local law enforcement agency which is the central repository for injunctions and which has jurisdiction over the petitioner's premises.

AB68,1622,16 (c) No later than 24 hours after receiving the information under par. (b), the sheriff or other appropriate local law enforcement agency under par. (b) shall enter the information concerning an injunction issued, extended, or vacated under this section into the transaction information for management of enforcement system. The sheriff or other appropriate local law enforcement agency shall also make available to other law enforcement agencies, through a verification system, information on the existence and status of any injunction issued under this section. The information need not be maintained after the injunction is no longer in effect.

AB68,1622,18 (d) 1. The court may schedule a hearing to surrender firearms for any reason relevant to the surrender of firearms.

AB68,1622,23 2. If the respondent does not comply with an order issued at a hearing to surrender firearms, or a law enforcement officer has probable cause to believe that the respondent possesses a firearm, the law enforcement officer shall request a search warrant to seize the firearms and may use information contained in the petition to establish probable cause.

AB68,1623,3 (6) Penalty for false swearing. Whoever files a petition under this section for an injunction knowing the information in the petition to be false is subject to prosecution for false swearing under s. 946.32 (1), a Class H felony.

AB68,1623,7 (7) Return of firearms and form. (a) A firearm surrendered under this section may not be returned to the respondent until the respondent completes a petition for the return of firearms under par. (c) and a judge or circuit court commissioner determines all of the following:

AB68,1623,9 1. That the temporary restraining order or injunction has been vacated or has expired and not been extended.

AB68,1623,14 2. That the person is not prohibited from possessing a firearm under any state or federal law or by the order of any federal court or state court, other than an order from which the judge or circuit court commissioner is competent to grant relief. The judge or commissioner shall use the information provided under s. 165.63 to aid in making the determination under this subdivision.

AB68,1623,23 (b) If a respondent surrenders under this section a firearm that is owned by a person other than the respondent, the person who owns the firearm may apply for its return to the circuit court for the county in which the person to whom the firearm was surrendered is located. The court shall order such notice as it considers adequate to be given to all persons who have or may have an interest in the firearm and shall hold a hearing to hear all claims to its true ownership. If the right to possession is proved to the court's satisfaction, it shall order the firearm returned. If the court returns a firearm under this paragraph, the court shall inform the person to whom the firearm is returned of the requirements and penalties under s. 941.2905.

AB68,1623,25 (c) The director of state courts shall develop a petition for the return of firearms form that is substantially the same as the form under s. 813.1285 (5) (b).

AB68,1624,5 (8) Notice of full faith and credit. An order or injunction issued under sub. (2t) or (3) shall include a statement that the order or injunction may be accorded full faith and credit in every civil or criminal court of the United States, civil or criminal courts of any other state, and Indian tribal courts to the extent that such courts may have personal jurisdiction over nontribal members.

AB68,3074 Section 3074 . 813.126 (1) of the statutes is amended to read:

AB68,1624,17 813.126 (1) Time limits. If a party seeks to have the judge conduct a hearing de novo under s. 757.69 (8) of a determination, order, or ruling entered by a court commissioner in an action under s. 813.12, 813.122, 813.123, 813.124, or 813.125, including a denial of a request for a temporary restraining order, the motion requesting the hearing must be filed with the court within 30 days after the circuit court commissioner issued the determination, order, or ruling. The court shall hold the de novo hearing within 30 days after the motion requesting the hearing is filed with the court unless the court finds good cause for an extension. Any determination, order, or ruling entered by a court commissioner in an action under s. 813.12, 813.122, 813.123, 813.124, or 813.125 remains in effect until the judge in the de novo hearing issues his or her final determination, order, or ruling.

AB68,3075 Section 3075. 813.127 of the statutes is amended to read:

AB68,1624,25 813.127 Combined actions; domestic abuse, child abuse, extreme risk protection, and harassment. A petitioner may combine in one action 2 or more petitions under one or more of the provisions in ss. 813.12, 813.122 , 813.124, and 813.125 if the respondent is the same person in each petition. In any such action, there is only one fee applicable under s. 814.61 (1) (a). In any such action, the hearings for different types of temporary restraining orders or injunctions may be combined.

AB68,3076 Section 3076. 813.128 (2g) (b) of the statutes is amended to read:

AB68,1625,6 813.128 (2g) (b) A foreign protection order or modification of the foreign protection order that meets the requirements under this section has the same effect as an order issued under s. 813.12, 813.122, 813.123, 813.124, or 813.125, except that the foreign protection order or modification shall be enforced according to its own terms.

AB68,3077 Section 3077. 814.04 (intro.) of the statutes is amended to read:

AB68,1625,12 814.04 Items of costs. (intro.) Except as provided in ss. 93.20, 100.195 (5m) (b), 100.30 (5m), 106.50 (6) (i) and (6m) (a), 111.397 (2) (a), 115.80 (9), 767.553 (4) (d), 769.313, 802.05, 814.245, 895.035 (4), 895.044, 895.443 (3), 895.444 (2), 895.445 (3), 895.446 (3), 895.506, 943.212 (2) (b), 943.245 (2) (d), 943.51 (2) (b), and 995.10 (3), when allowed costs shall be as follows:

AB68,3078 Section 3078 . 815.20 (1) of the statutes is amended to read:

AB68,1626,2 815.20 (1) An exempt homestead as defined in s. 990.01 (14) selected by a resident owner and occupied by him or her shall be exempt from execution, from the lien of every judgment, and from liability for the debts of the owner to the amount of $75,000, except mortgages, laborers', mechanics', and purchase money liens, and taxes, and except as otherwise provided. The exemption shall not be impaired by temporary removal with the intention to reoccupy the premises as a homestead nor by the sale of the homestead, but shall extend to the proceeds derived from the sale to an amount not exceeding $75,000, while held, with the intention to procure another homestead with the proceeds, for 2 years. The exemption extends to land owned by husband and wife spouses jointly or in common or as marital property, and each spouse may claim a homestead exemption of not more than $75,000. The exemption extends to the interest therein of tenants in common, having a homestead thereon with the consent of the cotenants, and to any estate less than a fee.

AB68,3079 Section 3079 . 822.40 (4) of the statutes is amended to read:

AB68,1626,7 822.40 (4) A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife between spouses or parent and child may not be invoked in a proceeding under this subchapter.

AB68,3080 Section 3080 . 851.30 (2) (a) of the statutes is amended to read:

AB68,1626,13 851.30 (2) (a) An individual who obtains or consents to a final decree or judgment of divorce from the decedent or an annulment of their marriage, if the decree or judgment is not recognized as valid in this state, unless they subsequently participate in a marriage ceremony purporting to marry each other or they subsequently hold themselves out as husband and wife married to each other.

AB68,3081 Section 3081 . 852.01 (1) (f) 1. of the statutes is amended to read:

AB68,1626,18 852.01 (1) (f) 1. One-half to the maternal grandparents on one side equally if both survive, or to the surviving maternal grandparent on that side; if both maternal grandparents on that side are deceased, to the issue of the maternal grandparents on that side or either of them, per stirpes.

AB68,3082 Section 3082 . 852.01 (1) (f) 2. of the statutes is amended to read:

AB68,1626,21 852.01 (1) (f) 2. One-half to the paternal relations on the other side in the same manner as to the maternal relations under subd. 1.

AB68,3083 Section 3083 . 852.01 (1) (f) 3. of the statutes is amended to read:

AB68,1626,25 852.01 (1) (f) 3. If either the maternal side or the paternal side has no surviving grandparent or issue of a grandparent, the entire estate to the decedent's relatives on the other side.

AB68,3084 Section 3084. 854.03 (3) of the statutes is amended to read:

AB68,1627,8 854.03 (3) Marital property. Except as provided in subs. (4) and (5), if a husband and wife 2 spouses die leaving marital property and it is not established that one survived the other by at least 120 hours, 50 percent of the marital property shall be distributed as if it were the husband's the first spouse's individual property and the husband 2nd spouse had survived, and 50 percent of the marital property shall be distributed as if it were the wife's 2nd spouse's individual property and the wife first spouse had survived.

AB68,3085 Section 3085 . 891.39 (title) of the statutes is amended to read:

AB68,1627,11 891.39 (title) Presumption as to whether a child is marital or nonmarital; self-crimination self-incrimination; birth certificates.

AB68,3086 Section 3086 . 891.39 (1) (a) of the statutes is amended to read:

AB68,1628,2 891.39 (1) (a) Whenever it is established in an action or proceeding that a child was born to a woman while she was the lawful wife of legally married to a specified man person, any party asserting in such action or proceeding that the husband was spouse is not the father parent of the child shall have the burden of proving that assertion by a clear and satisfactory preponderance of the evidence. In all such actions or proceedings the husband and the wife spouses are competent to testify as witnesses to the facts. The court or judge in such cases shall appoint a guardian ad litem to appear for and represent the child whose paternity parentage is questioned. Results of a genetic test, as defined in s. 767.001 (1m), showing that a man person other than the husband mother's spouse is not excluded as the father of the child and that the statistical probability of the man's person's parentage is 99.0 percent or higher constitute a clear and satisfactory preponderance of the evidence of the assertion under this paragraph, even if the husband mother's spouse is unavailable to submit to genetic tests, as defined in s. 767.001 (1m).

AB68,3087 Section 3087 . 891.39 (1) (b) of the statutes is amended to read:

AB68,1628,11 891.39 (1) (b) In actions affecting the family , in which the question of paternity parentage is raised, and in paternity proceedings, the court, upon being satisfied that the parties to the action are unable to adequately compensate any such guardian ad litem for the guardian ad litem's services and expenses, shall then make an order specifying the guardian ad litem's compensation and expenses, which compensation and expenses shall be paid as provided in s. 967.06. If the court orders a county to pay the compensation of the guardian ad litem, the amount ordered may not exceed the compensation paid to private attorneys under s. 977.08 (4m) (b).

AB68,3088 Section 3088 . 891.39 (3) of the statutes is amended to read:

AB68,1628,19 891.39 (3) If any court under this section adjudges a child to be a nonmarital child, the clerk of court shall report the facts to the state registrar, who shall issue a new birth record showing the correct facts as found by the court, and shall dispose of the original, with the court's report attached under s. 69.15 (3). If the husband mother's spouse is a party to the action and the court makes a finding as to whether or not the husband mother's spouse is the father parent of the child, such finding shall be conclusive in all other courts of this state.

AB68,3089 Section 3089 . 891.40 (1) of the statutes is renumbered 891.40 (1) (a) and amended to read:

AB68,1629,3 891.40 (1) (a) If, under the supervision of a licensed physician and with the spouse's consent of her husband, a wife person is inseminated artificially as provided in par. (b) with semen donated by a man person who is not her husband the spouse of the person being inseminated, the husband spouse of the mother inseminated person at the time of the conception of the child shall be the natural father parent of a child conceived. The husband's spouse's consent must be in writing and signed by him or her and his wife. The by the inseminated person.

AB68,1629,10 (c) 1. If the artificial insemination under par. (a) takes place under the supervision of a licensed physician, the physician shall certify their the signatures on the consent and the date of the insemination, and shall file the husband's spouse's consent with the department of health services, where it shall be kept. If the artificial insemination under par. (a) does not take place under the supervision of a licensed physician, the spouses shall file the signed consent, which shall include the date of the insemination, with the department of health services.

AB68,1629,12 2. The department of health services shall keep a consent filed under subd. 1. confidential and in a sealed file except as provided in s. 46.03 (7) (bm). However,

AB68,1629,14 3. Notwithstanding subd. 1., the physician's or spouses' failure to file the consent form does not affect the legal status of father natural parent and child.

AB68,1629,18 (d) All papers and records pertaining to the artificial insemination under par. (a), whether part of the permanent record of a court or of a file held by the a supervising physician or sperm bank or elsewhere, may be inspected only upon an order of the court for good cause shown.

AB68,3090 Section 3090 . 891.40 (1) (b) of the statutes is created to read:

AB68,1629,21 891.40 (1) (b) The artificial insemination under par. (a) must satisfy any of the following:

AB68,1629,23 1. The artificial insemination takes place under the supervision of a licensed physician.

AB68,1629,24 2. The semen used for the insemination is obtained from a sperm bank.

AB68,3091 Section 3091 . 891.40 (2) of the statutes is amended to read:

AB68,1630,4 891.40 (2) The donor of semen provided to a licensed physician or obtained from a sperm bank for use in the artificial insemination of a woman other than the donor's wife spouse is not the natural father parent of a child conceived, bears no liability for the support of the child, and has no parental rights with regard to the child.

AB68,3092 Section 3092 . 891.40 (3) of the statutes is created to read:

AB68,1630,8 891.40 (3) This section applies with respect to children conceived before, on, or after the effective date of this subsection .... [LRB inserts date], as a result of artificial insemination.

AB68,3093 Section 3093 . 891.405 of the statutes is amended to read:

AB68,1630,14 891.405 Presumption of paternity parentage based on acknowledgment. A man person is presumed to be the natural father parent of a child if he the person and the mother person who gave birth have acknowledged paternity parentage under s. 69.15 (3) (b) 1. or 3. and no other man person is presumed to be the father natural parent under s. 891.41 (1).

AB68,3094 Section 3094 . 891.407 of the statutes is amended to read:

AB68,1630,20 891.407 Presumption of paternity based on genetic test results. A man is presumed to be the natural father of a child if the man has been conclusively determined from genetic test results to be the father under s. 767.804 and no other man person is presumed to be the father natural parent under s. 891.405 or 891.41 (1).

AB68,3095 Section 3095 . 891.41 (title) of the statutes is amended to read:

AB68,1630,23 891.41 (title) Presumption of paternity parentage based on marriage of the parties.

AB68,3096 Section 3096 . 891.41 (1) (intro.) of the statutes is amended to read:

AB68,1631,2 891.41 (1) (intro.) A man person is presumed to be the natural father parent of a child if any of the following applies:

AB68,3097 Section 3097 . 891.41 (1) (a) of the statutes is amended to read:

AB68,1631,7 891.41 (1) (a) He The person and the child's established natural mother parent are or have been married to each other and the child is conceived or born after marriage and before the granting of a decree of legal separation, annulment, or divorce between the parties.

AB68,3098 Section 3098 . 891.41 (1) (b) of the statutes is renumbered 891.41 (1) (b) (intro.) and amended to read:

AB68,1631,14 891.41 (1) (b) (intro.) He The person and the child's established natural mother parent were married to each other after the child was born but he the person and the child's established natural mother parent had a relationship with one another during the period of time within which the child was conceived and no other man all of the following apply:

AB68,1631,15 1. No person has been adjudicated to be the father or.

AB68,1631,17 2. No other person is presumed to be the father parent of the child under par. (a).

AB68,3099 Section 3099 . 891.41 (2) of the statutes is amended to read:

AB68,1631,25 891.41 (2) In a legal action or proceeding, a presumption under sub. (1) is rebutted by results of a genetic test, as defined in s. 767.001 (1m), that show that a man person other than the man person presumed to be the father parent under sub. (1) is not excluded as the father of the child and that the statistical probability of the man's person's parentage is 99.0 percent or higher, even if the man person presumed to be the father natural parent under sub. (1) is unavailable to submit to genetic tests, as defined in s. 767.001 (1m).

AB68,3100 Section 3100. 891.41 (3) of the statutes is created to read:

AB68,1632,3 891.41 (3) This section applies with respect to children born before, on, or after the effective date of this subsection .... [LRB inserts date].

AB68,3101 Section 3101 . Subchapter VIII (title) of chapter 893 [precedes 893.80] of the statutes is amended to read:

AB68,1632,6 CHAPTER 893

AB68,1632,10 SUBCHAPTER VIII CLAIMS AGAINST GOVERNMENTAL BODIES, OFFICERS AND EMPLOYEES; STATUTORY CHALLENGES

AB68,3102 Section 3102 . 893.825 of the statutes is repealed.

AB68,3103 Section 3103 . 893.9815 of the statutes is created to read:

AB68,1632,15 893.9815 False claims. An action or claim under s. 20.9315 shall be commenced within 10 years after the cause of the action or claim accrues or be barred.

AB68,3104 Section 3104 . 895.440 of the statutes is created to read: