LRBa0147/1
PJK&GMM:jlg:jf
1999 - 2000 LEGISLATURE
ASSEMBLY AMENDMENT 1,
TO 1999 ASSEMBLY BILL 108
March 16, 1999 - Offered by
Committee on Family Law.
AB108-AA1,1,4
21. Page 1, line 7: delete "the granting of visitation" and substitute "a parent
3or other person who intentionally kills a parent of a child from having visitation
4with".
AB108-AA1,2,3
8"1m. Except as provided in subd. 2., if a parent who is granted visitation rights
9with a child under par. (a) is convicted under s. 940.01 of the first-degree intentional
10homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of the child's
11other parent, and the conviction has not been reversed, set aside or vacated, the court
12shall issue an order prohibiting the parent from having visitation with the child on
13petition of the child, the guardian or legal custodian of the child, a person or agency
1bound by the dispositional order or the district attorney or corporation counsel of the
2county in which the dispositional order was entered, or on the court's own motion,
3and on notice to the parent.".
AB108-AA1,2,15
7"(am) Except as provided in par (b), if a parent in whose home a child is placed
8is convicted under s. 940.01 of the first-degree intentional homicide, or under s.
9940.05 of the 2nd-degree intentional homicide, of the child's other parent, and the
10conviction has not been reversed, set aside or vacated, the court shall change the
11child's placement to a placement out of the home of the parent on petition of the child,
12the guardian or legal custodian of the child, a person or agency bound by the
13dispositional order or the district attorney or corporation counsel of the county in
14which the dispositional order was entered, or on the court's own motion, and on notice
15to the parent.".
AB108-AA1,3,3
19"1m. Except as provided in subd. 2., if a birth parent who is granted visitation
20rights with a child under par. (a) is convicted under s. 940.01 of the first-degree
21intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of
22the child's other birth parent, and the conviction has not been reversed, set aside or
23vacated, the court shall issue an order prohibiting the birth parent from having
24visitation with the child on petition of the child, the guardian or legal custodian of
1the child, or the district attorney or corporation counsel of the county in which the
2dispositional order was entered, or on the court's own motion, and on notice to the
3birth parent.".
AB108-AA1,3,13
7"(am) Except as provided in par. (b), if a relative who is granted visitation rights
8with a child under sub. (1) is convicted under s. 940.01 of the first-degree intentional
9homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of
10the child, and the conviction has not been reversed, set aside or vacated, the court
11shall issue an order prohibiting the relative from having visitation with the child on
12petition of the child or the parent, guardian or legal custodian of the child, or on the
13court's own motion, and on notice to the relative.".
AB108-AA1,3,17
17"
Section 16m. 767.245 (6) of the statutes is created to read:
AB108-AA1,3,2418
767.245
(6) (a) If a person granted visitation rights with a child under this
19section is convicted under s. 940.01 of the first-degree intentional homicide, or under
20s. 940.05 of the 2nd-degree intentional homicide, of a parent of the child, and the
21conviction has not been reversed, set aside or vacated, the court shall modify the
22visitation order by denying visitation with the child upon petition, motion or order
23to show cause by a parent or guardian of the child, or upon the court's own motion,
24and upon notice to the person granted visitation rights.
AB108-AA1,4,3
1(b) Paragraph (a) does not apply if the court determines that the child desires
2to have visitation with the person and is sufficiently mature to make such a decision
3and that the visitation would be in the best interests of the child.".
AB108-AA1,4,5
5"
Section 20m. 880.155 (4m) of the statutes is created to read:
AB108-AA1,4,136
880.155
(4m) (a) If a grandparent or stepparent granted visitation privileges
7with respect to a child under this section is convicted under s. 940.01 of the
8first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional
9homicide, of a parent of the child, and the conviction has not been reversed, set aside
10or vacated, the court shall modify the visitation order by denying visitation with the
11child upon petition, motion or order to show cause by a person having custody of the
12child, or upon the court's own motion, and upon notice to the grandparent or
13stepparent granted visitation privileges.
AB108-AA1,4,1714
(b) Paragraph (a) does not apply if the court determines that the child desires
15to have visitation with the grandparent or stepparent and is sufficiently mature to
16make such a decision and that the visitation would be in the best interests of the
17child.".
AB108-AA1,5,3
19"1m. Except as provided in subd. 2., if a parent who is granted visitation rights
20with a juvenile under par. (a) is convicted under s. 940.01 of the first-degree
21intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of
22the juvenile's other parent, and the conviction has not been reversed, set aside or
23vacated, the court shall issue an order prohibiting the parent from having visitation
24with the juvenile on petition of the juvenile, the guardian or legal custodian of the
1juvenile, a person or agency bound by the dispositional order or the district attorney
2or corporation counsel of the county in which the dispositional order was entered, or
3on the court's own motion, and on notice to the parent.".
AB108-AA1,5,15
7"(am) Except as provided in par (b), if a parent in whose home a juvenile is
8placed is convicted under s. 940.01 of the first-degree intentional homicide, or under
9s. 940.05 of the 2nd-degree intentional homicide, of the juvenile's other parent, and
10the conviction has not been reversed, set aside or vacated, the court shall change the
11juvenile's placement to a placement out of the home of the parent on petition of the
12juvenile, the guardian or legal custodian of the juvenile, a person or agency bound
13by the dispositional order or the district attorney or corporation counsel of the county
14in which the dispositional order was entered, or on the court's own motion, and on
15notice to the parent.".
AB108-AA1,6,2
19"
(1) This act first applies to orders for visitation or physical placement, and to
20orders modifying or revising visitation or physical placement orders, that are
21granted on the effective date of this subsection; to petitions to restrain and enjoin
22visitation and contact with a child that are filed on the effective date of this
23subsection; and to orders of the juvenile court placing a child in or removing a child
24from the home of a parent, guardian or relative or granting or prohibiting parental
1visitation granted on the effective date of this subsection; regardless of when the
2conviction of first-degree or 2nd-degree intentional homicide occurred.".
