LRBs0392/1
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1999 - 2000 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 1999 ASSEMBLY BILL 524
March 14, 2000 - Offered by
Committee on Family Law.
AB524-ASA1,1,6
1An Act to repeal 767.115 (1) (b) and 767.115 (4);
to renumber and amend
2767.115 (1) (a) and 767.115 (2);
to amend 767.07 (1), 767.115 (title), 767.115
3(1m) and 767.115 (3); and
to create 767.115 (1) (a) 1., 767.115 (1) (a) 2., 767.115
4(1) (a) 3., 767.115 (1) (bm), 767.115 (2) (b) and 767.115 (2) (c) of the statutes;
5relating to: requiring parties to an action affecting the family to attend an
6educational parenting program.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB524-ASA1,1,108
767.07
(1) The requirements of this chapter as to residence and
marriage
9assessment counseling attendance at the educational program under s. 767.115 (1)
10(a) have been complied with;
AB524-ASA1,2,2
1767.115 (title)
Educational programs and classes program in actions
2affecting the family.
AB524-ASA1, s. 3
3Section
3. 767.115 (1) (a) of the statutes is renumbered 767.115 (1) (a) (intro.)
4and amended to read:
AB524-ASA1,2,125
767.115
(1) (a) (intro.)
At any time during During the pendency of an action
6affecting the family in which a minor child is involved
and in which the court or
7family court commissioner determines that it is appropriate and in the best interest
8of the child, the court or family court commissioner
, on its own motion, may shall 9order the parties to attend a program specified by the court or family court
10commissioner
concerning the effects on a child of a dissolution of the marriage. that
11provides instruction on or training in any of the following that the court or family
12court commissioner determines is appropriate in the particular case:
AB524-ASA1, s. 4
13Section
4. 767.115 (1) (a) 1. of the statutes is created to read:
AB524-ASA1,2,1414
767.115
(1) (a) 1. The effects on a child of divorce.
AB524-ASA1, s. 5
15Section
5. 767.115 (1) (a) 2. of the statutes is created to read:
AB524-ASA1,2,1616
767.115
(1) (a) 2. Working together in the best interest of the child.
AB524-ASA1, s. 6
17Section
6. 767.115 (1) (a) 3. of the statutes is created to read:
AB524-ASA1,2,1818
767.115
(1) (a) 3. Parenting or coparenting skills, or both.
AB524-ASA1, s. 8
20Section
8. 767.115 (1) (bm) of the statutes is created to read:
AB524-ASA1,3,221
767.115
(1) (bm) In the discretion of the court or family court commissioner, the
22parties shall not be required to attend a program under par. (a) if the court or family
23court commissioner finds that attending such a program would cause undue
24hardship or endanger the health or safety of one of the parties. In making a
25determination of whether attending a program under par. (a) would endanger the
1health or safety of one of the parties, the court or family court commissioner shall
2consider the following:
AB524-ASA1,3,43
1. Evidence that a party engaged in abuse, as defined in s. 813.122 (1) (a), of
4the child, as defined in s. 48.02 (2).
AB524-ASA1,3,65
2. Evidence of interspousal battery, as described under s. 940.19 or 940.20 (1m),
6or domestic abuse, as defined in s. 813.12 (1) (a).
AB524-ASA1,3,87
3. Evidence that either party has a significant problem with alcohol or other
8drug abuse.
AB524-ASA1,3,109
4. Any other evidence indicating that a party's health or safety will be
10endangered by attending a program.
AB524-ASA1,3,1812
767.115
(1m) A program under sub. (1)
(a) shall be educational rather than
13therapeutic in nature and
may not exceed a total of
shall include at least 4 hours
in
14length of instruction or training. The parties shall be responsible for the cost, if any,
15of attendance at the program. The court or family court commissioner may
16specifically assign responsibility for payment of any cost. No facts or information
17obtained in the course of the program, and no report resulting from the program, is
18admissible in any action or proceeding.
AB524-ASA1, s. 10
19Section
10. 767.115 (2) of the statutes is renumbered 767.115 (2) (a) and
20amended to read:
AB524-ASA1,3,2521
767.115
(2) (a)
Notwithstanding s. 767.07 Except as provided in par. (b), the
22court or family court commissioner may require the parties
to an action affecting the
23family in which a minor child is involved to attend a program under sub. (1)
(a) as
24a condition to the granting of a final judgment or order in the action affecting the
25family
that is pending before the court or family court commissioner.
AB524-ASA1,4,62
767.115
(2) (b) If the parties were not ordered to attend a program under sub.
3(1) (a) because the court or family court commissioner found under sub. (1) (bm) that
4attending would cause undue hardship or endanger the health or safety of one of the
5parties, the court or family court commissioner may not condition the granting of the
6final judgment or order in the action affecting the family on attending a program.
AB524-ASA1,4,108
767.115
(2) (c) The court or family court commissioner may refuse to hear a
9custody or physical placement motion of a party who refuses to attend a program
10ordered under sub. (1) (a).
AB524-ASA1,4,1412
767.115
(3) A party who fails to attend a program ordered under sub. (1)
(a) or
13to pay costs specifically ordered under sub. (1m) may be proceeded against under ch.
14785 for contempt of court.
AB524-ASA1,4,1918
(1)
Requirement to attend educational program. This act first applies to
19actions commenced on the effective date of this subsection.
AB524-ASA1, s. 16
20Section
16.
Effective dates. This act takes effect on the day after publication,
21except as follows:
AB524-ASA1,4,2322
(1)
The treatment of section 767.115 (title) and (4) of the statutes takes effect
23on May 1, 2000, or on the day after publication, whichever is later.
