LRBa1036/1
GMM:jlg:lp
1997 - 1998 LEGISLATURE
ASSEMBLY AMENDMENT 5,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 1997 ASSEMBLY BILL 463
November 11, 1997 - Offered by Representative Ladwig.
AB463-ASA1-AA5,1,11 At the locations indicated, amend the substitute amendment as follows:
AB463-ASA1-AA5,1,4 21. Page 10, line 4: after "support" insert ", except that for purposes of ss. 48.20
3(2) (e) and (7) (bm), 48.203 (1m) and (6) (bm), 48.24 (4m) and 48.981 (3) (c) 3m.,
4"unborn child" means an unborn human from the time of fertilization".
AB463-ASA1-AA5,1,5 52. Page 21, line 17: after that line insert:
AB463-ASA1-AA5,1,6 6" Section 54d. 48.20 (2) (ag) of the statutes is amended to read:
AB463-ASA1-AA5,1,97 48.20 (2) (ag) Except as provided in pars. (b) to (d) (e), a person taking a child
8into custody shall make every effort to release the child immediately to the child's
9parent, guardian or legal custodian.
AB463-ASA1-AA5, s. 54m 10Section 54m. 48.20 (2) (e) of the statutes is created to read:
AB463-ASA1-AA5,2,411 48.20 (2) (e) If the child is an expectant mother who was taken into custody
12under s. 48.19 (1) (cm) or (d) 8., but if after investigation it appears that the child's

1unborn child has not reached the stage of viability, the person who took the child into
2custody shall release the child as provided in pars. (ag) to (d) after counseling the
3child as appropriate and offering to provide appropriate services for the child or to
4make arrangements for the provision of those services.
AB463-ASA1-AA5, s. 54r 5Section 54r. 48.20 (3) of the statutes is amended to read:
AB463-ASA1-AA5,2,166 48.20 (3) If the child is released under sub. (2) (b) to (d) (e), the person who took
7the child into custody shall immediately notify the child's parent, guardian and legal
8custodian of the time and circumstances of the release and the person, if any, to whom
9the child was released. If the child is not released under sub. (2), the person who took
10the child into custody shall arrange in a manner determined by the court and law
11enforcement agencies for the child to be interviewed by the intake worker under s.
1248.067 (2), and shall make a statement in writing with supporting facts of the reasons
13why the child was taken into physical custody and shall give any child 12 years of
14age or older a copy of the statement in addition to giving a copy to the intake worker.
15When the intake interview is not done in person, the report may be read to the intake
16worker.".
AB463-ASA1-AA5,2,17 173. Page 22, line 9: after that line insert:
AB463-ASA1-AA5,2,18 18" Section 56g. 48.20 (7) (bm) of the statutes is created to read:
AB463-ASA1-AA5,2,2419 48.20 (7) (bm) If, after investigation, the intake worker determines that the
20unborn child of a child expectant mother who has taken into custody under s. 48.19
21(1) (cm) or (d) 8. has not reached the stage of viability, the intake worker shall release
22the child expectant mother as provided in par. (c) after counseling the child expectant
23mother as appropriate and offering to provide appropriate services for the child
24expectant mother or to make arrangements for the provision of those services.".
AB463-ASA1-AA5,3,1
14. Page 23, line 20: after that line insert:
AB463-ASA1-AA5,3,8 2"(1m) If an adult expectant mother is taken into custody under s. 48.193 (1) (c)
3or (d) 2., but if after investigation it appears that the adult expectant mother's
4unborn child has not reached the stage of viability, the person who took the adult
5expectant mother into custody shall release the adult expectant mother as provided
6in sub. (1) after counseling the adult expectant mother as appropriate and offering
7to provide appropriate services for the adult expectant mother or to make
8arrangements for the provision of those services.".
AB463-ASA1-AA5,3,9 95. Page 25, line 8: after that line insert:
AB463-ASA1-AA5,3,15 10"(bm) If, after investigation, the intake worker determines that the unborn
11child of an adult expectant mother who was taken into custody under s. 48.193 (1)
12(c) or (d) 2. has not reached the stage of viability, the intake worker shall release the
13adult expectant mother as provided in par. (c) after counseling the adult expectant
14mother as appropriate and offering to provide appropriate services for the adult
15expectant mother or to make arrangements for the provision of those services.".
AB463-ASA1-AA5,3,16 166. Page 39, line 14: after that line insert:
AB463-ASA1-AA5,3,17 17" Section 89m. 48.24 (4m) of the statutes is created to read:
AB463-ASA1-AA5,3,2318 48.24 (4m) If the intake worker determines as a result of the intake inquiry
19that the case of an unborn child should be closed because it appears that the unborn
20child has not reached the stage of viability, the intake worker shall close the case
21after counseling the expectant mother as appropriate and offering to provide
22appropriate services for the expectant mother or to make arrangements for the
23provision of those services.".
AB463-ASA1-AA5,3,24 247. Page 108, line 18: after that line insert:
AB463-ASA1-AA5,4,1
1" Section 276g. 48.981 (3) (c) 3m. of the statutes is created to read:
AB463-ASA1-AA5,4,82 48.981 (3) (c) 3m. If the county department or, in a county having a population
3of 500,000 or more, the department or a licensed child welfare agency under contract
4with the department determines that an expectant mother whose unborn child has
5not reached the stage of viability is in need of services, the county department,
6department or licensed child welfare agency shall counsel the expectant mother as
7appropriate and offer to provide appropriate services for the expectant mother or to
8make arrangements for the provision of those services.
AB463-ASA1-AA5,4,9 98. Page 124, line 2: after that line insert:
AB463-ASA1-AA5,4,10 10" Section 322m. Effective date.
AB463-ASA1-AA5,4,12 11(1) This act takes effect on January 1, 1998, or on the day after publication,
12whichever is later.".
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