Amendment AA4-SB501

LRBa4610/2

GMM:skg&kaf:dw

1995 - 1996 LEGISLATURE

ASSEMBLY AMENDMENT 4, To 1995 SENATE BILL 501

March 21, 1996 - Offered by Representatives Ladwig, Huebsch, Krug, Wood and Albers.

SB501-AA4,1,1 At the locations indicated, amend the bill as follows:

SB501-AA4,1,2 1. Page 29, line 11: before that line insert:

SB501-AA4,1,3 " Section 1m. 48.01 (1) (intro.) of the statutes is amended to read:

SB501-AA4,1,7 48.01 (1) (intro.)  This chapter may be cited as "The Children's Code". In construing this chapter, the best interests of the child shall always be of paramount consideration. This chapter shall be interpreted liberally construed to effectuate the following express legislative purposes:

SB501-AA4, s. 1p Section 1p. 48.01 (1) (a) of the statutes is renumbered 48.01 (1) (ad).".

SB501-AA4,1,9 2. Page 31, line 11: delete that line and substitute:

SB501-AA4,1,11 " Section 8m. 48.01 (1) (g) of the statutes is renumbered 48.01 (1) (a) and amended to read:".

SB501-AA4,1,12 3. Page 31, line 12: substitute "(a)" for "(g)".

SB501-AA4,1,13 4. Page 31, line 15: after " parents" insert ", whenever appropriate,".

SB501-AA4,1,14 5. Page 33, line 4: delete lines 4 to 16.

SB501-AA4,1,15 6. Page 34, line 1: delete lines 1 and 2 and substitute:

SB501-AA4,2,1 " Section 11m. 48.01 (2) of the statutes is repealed and recreated to read:

SB501-AA4,2,5 48.01 (2) In proceedings involving an American Indian child, the best interests of the child shall be determined consistent with the Indian child welfare act, 25 USC 1901 to 1963. In this subsection, "American Indian child" means any unmarried person who is under 18 years of age and who is one of the following:

SB501-AA4,2,6 (a) A member of an Indian tribe, as defined in 25 USC 1903 (8).

SB501-AA4,2,8 (b) Eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe.".

SB501-AA4,2,9 7. Page 35, line 9: before that line insert:

SB501-AA4,2,10 " Section 15m. 48.02 (14g) of the statutes is created to read:

SB501-AA4,2,13 48.02 (14g) "Physical injury" includes but is not limited to lacerations, fractured bones, burns, internal injuries, severe or frequent bruising or great bodily harm, as defined in s. 939.22 (14).".

SB501-AA4,2,16 8. Page 94, line 3: delete the material inserted by engrossed senate amendment 1 and insert the following, which was deleted by engrossed senate amendment 1:

SB501-AA4,2,17 " Section 111. 48.981 (1) (a) of the statutes is repealed.".

SB501-AA4,2,19 9. Page 95, line 6: before that line, insert the following, which was deleted by engrossed senate amendment 1:

SB501-AA4,2,20 " Section 114. 48.981 (1) (e) of the statutes is repealed.

SB501-AA4, s. 115 Section 115. 48.981 (2m) (c) (intro.) of the statutes is amended to read:

SB501-AA4,2,24 48.981 (2m) (c) (intro.) Except as provided under pars. (d) and (e), the following persons are not required to report as suspected or threatened abuse, as defined under sub. in s. 48.02 (1) (a) 2. (b), sexual intercourse or sexual contact involving a child:".

SB501-AA4,3,2 10. Page 98, line 11: before that line, insert the following, which was deleted by engrossed senate amendment 1:

SB501-AA4,3,3 " Section 120. 48.982 (1) (a) of the statutes is repealed.".

SB501-AA4,3,5 11. Page 102, line 4: before that line, insert the following, which was deleted by engrossed senate amendment 1:

SB501-AA4,3,6 " Section 125. 767.11 (8) (b) 1. of the statutes is amended to read:

SB501-AA4,3,8 767.11 (8) (b) 1. That a party engaged in abuse, as defined in s. 813.122 (1) (a), of the child, as defined in s. 48.981 (1) (a) and (b) or 813.122 (1) (a) 48.02 (2).

SB501-AA4, s. 126 Section 126. 767.11 (10) (e) 1. of the statutes is amended to read:

SB501-AA4,3,12 767.11 (10) (e) 1. There is evidence that a party engaged in abuse, as defined in s. 813.122 (1) (a), of the child, as defined in s. 48.981 (1) (a) and (b) or 813.122 (1) (a) 48.02 (2).

SB501-AA4, s. 127 Section 127. 767.24 (2) (b) 2. c. of the statutes is amended to read:

SB501-AA4,3,24 767.24 (2) (b) 2. c. The parties will be able to cooperate in the future decision making required under an award of joint legal custody. In making this finding the court shall consider, along with any other pertinent items, any reasons offered by a party objecting to joint legal custody. Evidence that either party engaged in abuse, as defined in s. 813.122 (1) (a), of the child, as defined in s. 48.981 (1) (a) and (b) or 813.122 (1) (a) 48.02 (2), or evidence of interspousal battery, as described under s. 940.19, or domestic abuse, as defined in s. 813.12 (1) (a), creates a rebuttable presumption that the parties will not be able to cooperate in the future decision making required. This presumption may be rebutted by clear and convincing evidence that the abuse will not interfere with the parties' ability to cooperate in the future decision making required.

SB501-AA4, s. 128 Section 128. 767.24 (5) (h) of the statutes is amended to read:

SB501-AA4,4,4 767.24 (5) (h) Whether there is evidence that a party engaged in abuse, as defined in s. 813.122 (1) (a), of the child, as defined in s. 48.981 (1) (a) and (b) or 813.122 (1) (a) 48.02 (2).".

SB501-AA4,4,7 12. Page 107, line 7: delete the material inserted by engrossed senate amendment 1 and insert the following, which was deleted by engrossed senate amendment 1:

SB501-AA4,4,9 "813.122 (1) (a) "Abuse" has the meaning given in s. 48.02 (1) and, in addition, includes a threat to engage in any conduct under s. 48.02 (1).".

SB501-AA4,4,11 13. Page 107, line 11: before that line insert the following, which was deleted by engrossed senate amendment 1:

SB501-AA4,4,12 " Section 145. 813.122 (1) (f) of the statutes is repealed.".

SB501-AA4,4,15 14. Page 108, line 2: before that line, and before the material inserted by senate amendment 2, insert the following which was deleted by engrossed senate amendment 1:

SB501-AA4,4,16 " Section 147. 905.04 (4) (e) 1. a. of the statutes is amended to read:

SB501-AA4,4,17 905.04 (4) (e) 1. a. "Abuse" has the meaning given in s. 48.981 48.02 (1) (a).".

SB501-AA4,4,18 15. Page 108, line 2: delete lines 2 to 9.

SB501-AA4,4,19 (End)