AB68: Bill Text

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AB68,3102 Section 3102 . 893.825 of the statutes is repealed.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

AB68,1632,20 895.440 Unnecessarily summoning officer; action for. (1) A person may bring a civil cause of action for damages against another person who, with the intent to do any of the following, knowingly causes a law enforcement officer to arrive at a location to contact the person:

AB68,1632,22 (a) Infringe upon a right of the person under the Wisconsin Constitution or the U.S. Constitution.

AB68,1632,23 (b) Unlawfully discriminate against the person.

AB68,1632,24 (c) Cause the person to feel harassed, humiliated, or embarrassed.

AB68,1633,2 (d) Cause the person to be expelled from a place in which the person is lawfully located.

AB68,1633,3 (e) Damage the person's reputation or standing within the community.

AB68,1633,5 (f) Damage the person's financial, economic, consumer, or business prospects or interests.

AB68,1633,7 (2) The burden of proof in a civil action under sub. (1) rests with the plaintiff to prove his or her case by a preponderance of the credible evidence.

AB68,1633,12 (3) If the plaintiff prevails in a civil action under sub. (1), he or she may recover the greater of special and general damages, including damages for emotional distress, or an amount equal to $250 from each defendant found liable; punitive damages; and costs, including all reasonable attorney fees and other costs of the investigation and litigation that were reasonably incurred.

AB68,3105 Section 3105 . 895.48 (1m) (a) (intro.) of the statutes is amended to read:

AB68,1633,25 895.48 (1m) (a) (intro.) Except as provided in par. (b), any physician, physician assistant, podiatrist, or athletic trainer licensed under ch. 448, chiropractor licensed under ch. 446, dentist or dental therapist licensed under ch. 447, emergency medical services practitioner licensed under s. 256.15, emergency medical responder certified under s. 256.15 (8), registered nurse licensed under ch. 441, or a massage therapist or bodywork therapist licensed under ch. 460 who renders voluntary health care to a participant in an athletic event or contest sponsored by a nonprofit corporation, as defined in s. 66.0129 (6) (b), a private school, as defined in s. 115.001 (3r), a tribal school, as defined in s. 115.001 (15m), a public agency, as defined in s. 46.856 (1) (b), or a school, as defined in s. 609.655 (1) (c), is immune from civil liability for his or her acts or omissions in rendering that care if all of the following conditions exist:

AB68,3106 Section 3106. 895.48 (1m) (a) 2. of the statutes is amended to read:

AB68,1634,6 895.48 (1m) (a) 2. The physician, podiatrist, athletic trainer, chiropractor, dentist, dental therapist, emergency medical services practitioner, as defined in s. 256.01 (5), emergency medical responder, as defined in s. 256.01 (4p), physician assistant, registered nurse, massage therapist or bodywork therapist does not receive compensation for the health care, other than reimbursement for expenses.

AB68,3107 Section 3107 . 895.483 (4) of the statutes is amended to read:

AB68,1634,13 895.483 (4) A regional structural collapse team An urban search and rescue task force, a member of such a team task force, and a local agency, as defined in s. 323.70 (1) (b), that contracts with the division of emergency management in the department of military affairs for the provision of a regional structural collapse team emergency services, are immune from civil liability for acts or omissions related to carrying out responsibilities under a contract under s. 323.72 (1).

AB68,3108 Section 3108 . 895.537 of the statutes is created to read:

AB68,1634,16 895.537 Liability exemption; sexual assault evidence collection. (1) In this section:

AB68,1634,17 (a) “Health care professional” has the meaning given in s. 154.01 (3).

AB68,1634,19 (b) “Sexual assault forensic examination” has the meaning given in s. 165.775 (1) (d).

AB68,1634,23 (2) Any health care professional conducting a sexual assault forensic examination pursuant to informed consent or a court order is immune from any civil or criminal liability for the act, except for civil liability for negligence in the performance of the act.

AB68,1635,3 (3) Any employer of the health care professional under sub. (2) or any health care facility where the sexual assault forensic examination is conducted by that health care professional has the same immunity from liability under sub (2).

AB68,3109 Section 3109 . 905.05 (title) of the statutes is amended to read:

AB68,1635,5 905.05 (title) Husband-wife Spousal and domestic partner privilege.

AB68,3110 Section 3110 . 911.01 (4) (c) of the statutes is amended to read:

AB68,1635,15 911.01 (4) (c) Miscellaneous proceedings. Proceedings for extradition or rendition; sentencing, granting or revoking probation, modification of a bifurcated sentence under s. 302.113 (9g), or adjustment of a bifurcated sentence under s. 973.01 (5m), 973.195 (1r) or 973.198; issuance of subpoenas or warrants under s. 968.375, arrest warrants, criminal summonses, and search warrants; hearings under s. 980.09 (2); proceedings under s. 971.14 (1r) (c); proceedings with respect to pretrial release under ch. 969 except where habeas corpus is utilized with respect to release on bail or as otherwise provided in ch. 969; or proceedings under s. 165.76 (6) to compel provision of a biological specimen for deoxyribonucleic acid analysis.

AB68,3111 Section 3111 . 938.02 (1) of the statutes is amended to read:

AB68,1635,20 938.02 (1) “Adult" means a person who is 18 years of age or older, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, “ adult" means a person who has attained 17 years of age.

AB68,3112 Section 3112. 938.02 (3m) of the statutes is amended to read:

AB68,1635,25 938.02 (3m) “Delinquent" means a juvenile who is 10 12 years of age or older who has violated any state or federal criminal law, except as provided in ss. 938.17, 938.18 and 938.183, or who has committed a contempt of court, as defined in s. 785.01 (1), as specified in s. 938.355 (6g).

AB68,3113 Section 3113. 938.02 (4) of the statutes is amended to read:

AB68,1636,6 938.02 (4) “Department" means the department of children and families, except that with respect to a juvenile who is under the supervision of the department of corrections under s. 938.183, 938.34 (2), (4h), (4m), (4n), or (7g), or 938.357 (3) or (4) a court order under this chapter, “department" means the department of corrections.

AB68,3114 Section 3114 . 938.02 (4) of the statutes, as affected by 2019 Wisconsin Act 8 and 2021 Wisconsin Act .... (this act), is repealed and recreated to read:

AB68,1636,12 938.02 (4) “Department" means the department of children and families except that with respect to a juvenile who is under the supervision of the department of corrections under a court order under this chapter, “department” means the department of corrections.

AB68,3115 Section 3115 . 938.02 (10m) of the statutes is amended to read:

AB68,1636,18 938.02 (10m) “Juvenile," when used without further qualification, means a person who is less than 18 years of age, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, “juvenile" does not include a person who has attained 17 years of age.

AB68,3116 Section 3116. 938.02 (10p) of the statutes is amended to read:

AB68,1637,2 938.02 (10p) “Juvenile correctional facility" means a correctional institution operated or contracted for by the department of corrections or operated by the department of health services for holding in secure custody persons adjudged delinquent. “Juvenile correctional facility" includes the Mendota juvenile treatment center under s. 46.057 and a facility authorized under s. 938.533 (3) (b), 938.538 (4) (b), or 938.539 (5) and a secured residential care center for children and youth operated by the department of corrections.

AB68,3117 Section 3117 . 938.02 (12d) of the statutes is created to read:

AB68,1637,5 938.02 (12d) “Mendota juvenile treatment center” means the center established and operated by the department of health services under s. 46.057.

AB68,3118 Section 3118 . 938.02 (13) of the statutes is amended to read:

AB68,1638,2 938.02 (13) “Parent" means a biological natural parent, a husband who has consented to the artificial insemination of his wife under s. 891.40, or a parent by adoption. If the juvenile is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803, “parent" includes a person conclusively determined from genetic test results to be the father under s. 767.804 or a person acknowledged under s. 767.805 or a substantially similar law of another state or adjudicated to be the biological father natural parent. “Parent" does not include any person whose parental rights have been terminated. For purposes of the application of s. 938.028 and the federal Indian Child Welfare Act, 25 USC 1901 to 1963, “parent" means a biological natural parent of an Indian child, an Indian husband spouse who has consented to the artificial insemination of his wife or her spouse under s. 891.40, or an Indian person who has lawfully adopted an Indian juvenile, including an adoption under tribal law or custom, and includes, in the case of a nonmarital Indian child who is not adopted or whose parents do not subsequently intermarry under s. 767.803, a person conclusively determined from genetic test results to be the father under s. 767.804, a person acknowledged under s. 767.805, a substantially similar law of another state, or tribal law or custom to be the biological father natural parent, or a person adjudicated to be the biological father natural parent, but does not include any person whose parental rights have been terminated.

AB68,3119 Section 3119. 938.02 (14m) of the statutes is created to read:

AB68,1638,5 938.02 (14m) “Qualified individual” has the meaning given under 42 USC 675a (c) (1) (D).

AB68,3120 Section 3120. 938.02 (15g) of the statutes is amended to read:

AB68,1638,11 938.02 (15g) “Secured residential care center for children and youth" means a facility that complies with the requirements of ss. 301.37 and 938.48 (16) (b) operated by the department of corrections, by an Indian tribe or a county under ss. 46.20, 59.53 (8m), and 938.22 (1) (a), or by a child welfare agency that is licensed under s. 48.66 (1) (b) to hold in secure custody persons adjudged delinquent.

AB68,3121 Section 3121. 938.02 (17r) of the statutes is created to read:

AB68,1638,14 938.02 (17r) “Status offense” means an offense committed by a juvenile that would not be an offense if committed by an adult.

AB68,3122 Section 3122. 938.02 (17t) of the statutes is created to read:

AB68,1638,19 938.02 (17t) “Standardized assessment” means an assessment, using a tool determined by the department, of the strengths and needs of a juvenile to determine appropriateness of a placement in a residential care center for children and youth, group home, or shelter care facility certified under s. 48.675.

AB68,3123 Section 3123. 938.02 (19) of the statutes is repealed.

AB68,3124 Section 3124. 938.02 (19r) of the statutes is repealed.

AB68,3125 Section 3125. 938.02 (20) of the statutes is repealed.

AB68,3126 Section 3126. 938.06 (5) (a) 1. of the statutes is amended to read:

AB68,1639,2 938.06 (5) (a) 1. Use placement in a juvenile detention facility or juvenile portion of the county jail as a disposition under s. 938.34 (3) (f) , as a sanction under s. 938.355 (6m) (a) 1g., or as a place of short-term detention under s. 938.355 (6d) (a) 1. or 2. or (b) 1. or 2. or 938.534 (1) (b) 1. or 2.

AB68,3127 Section 3127. 938.06 (5) (b) of the statutes is amended to read:

AB68,1639,7 938.06 (5) (b) The use by the court of a disposition under s. 938.34 (3) (f) or (6) (am), a sanction under s. 938.355 (6m) (a) 1g., or short-term detention under s. 938.355 (6d) (a) 1. or 2. or (b) 1. or 2. or 938.534 (1) (b) 1. or 2. is subject to any resolution adopted under par. (a).

AB68,3128 Section 3128. 938.069 (1) (intro.) of the statutes is amended to read:

AB68,1639,13 938.069 (1) Duties. (intro.) The staff of the department of corrections shall provide community supervision services for juveniles as provided in s. 938.533. Subject to sub. (2), the staff of the department of corrections, the court, a county department, or a licensed child welfare agency designated by the court to carry out the objectives of this chapter shall:

AB68,3129 Section 3129. 938.12 (1) of the statutes is amended to read:

AB68,1639,17 938.12 (1) In general. The court has exclusive jurisdiction, except as provided in ss. 938.17, 938.18, and 938.183, over any juvenile 10 12 years of age or older who is alleged to be delinquent.

AB68,3130 Section 3130 . 938.12 (2) of the statutes is amended to read:

AB68,1639,23 938.12 (2) Seventeen-year-olds Juveniles who become adults. If a petition alleging that a juvenile is delinquent is filed before the juvenile is 17 years of age becomes an adult, but the juvenile becomes 17 years of age an adult before admitting the facts of the petition at the plea hearing or, if the juvenile denies the facts, before an adjudication, the court retains jurisdiction over the case.

AB68,3131 Section 3131. 938.13 (12) of the statutes is amended to read:

AB68,1640,2 938.13 (12) Delinquent act before age 10 12 . The juvenile is under 10 12 years of age and has committed a delinquent act.

AB68,3132 Section 3132 . 938.18 (1) (a) of the statutes is amended to read:

AB68,1640,7 938.18 (1) (a) The juvenile is alleged to have violated attempted or committed a violation of s. 940.01 on or after the juvenile's 14th birthday or to have committed a violation of s. 940.02, 940.03, 940.05, 940.06, 940.225 (1) or (2), 940.305, 940.31, 943.10 (2), 943.32 (2), or 943.87 or 961.41 (1) on or after the juvenile's 14th birthday.

AB68,3133 Section 3133 . 938.18 (1) (bm) of the statutes is created to read:

AB68,1640,12 938.18 (1) (bm) 1. The juvenile has been adjudicated delinquent and is alleged to have committed a violation of s. 940.20 (1) or 946.43 while placed in a juvenile correctional facility, a juvenile detention facility, or a secured residential care center for children and youth on or after the juvenile's 14th birthday.

AB68,1640,14 2. The juvenile has been adjudicated delinquent and is alleged to have committed a violation of s. 940.20 (2m) on or after the juvenile's 14th birthday.

AB68,3134 Section 3134 . 938.18 (1) (c) of the statutes is amended to read:

AB68,1640,18 938.18 (1) (c) The juvenile is alleged to have violated any state criminal law that would be a felony if committed by an adult on or after the juvenile's 15th 16th birthday.

AB68,3135 Section 3135 . 938.18 (2) of the statutes is amended to read:

AB68,1641,3 938.18 (2) Petition. The petition for waiver of jurisdiction may be filed by the district attorney or the juvenile or may be initiated by the court and shall contain a brief statement of the facts supporting the request for waiver. The petition for waiver of jurisdiction shall be accompanied by or filed after the filing of a petition alleging delinquency and shall be filed prior to the plea hearing, except that if the juvenile denies the facts of the petition and becomes 17 years of age an adult before an adjudication, the petition for waiver of jurisdiction may be filed at any time prior to the adjudication. If the court initiates the petition for waiver of jurisdiction, the judge shall disqualify himself or herself from any future proceedings on the case.

AB68,3136 Section 3136 . 938.183 (1) (intro.) of the statutes is amended to read:

AB68,1641,7 938.183 (1) Juveniles under adult court jurisdiction. (intro.) Notwithstanding ss. 938.12 (1) and 938.18, but subject to sub. (1d), courts of criminal jurisdiction have exclusive original jurisdiction over all of the following: