SB151: Bill Text

LRB-1225/3

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1995 - 1996 LEGISLATURE

1995 Senate BILL 151

April 26, 1995 - Introduced by Senators Buettner, Huelsman, Darling, Cowles, Rosenzweig, A. Lasee and Petak, cosponsored by Representatives Green, Krusick, Ladwig, Wasserman, Owens, Duff, Brandemuehl, Dobyns, Underheim, F. Lasee, Goetsch, Olsen, Wirch, Albers, Kelso, Ott, Seratti, Klusman, Gunderson, Grothman, Ziegelbauer, Hahn, Lazich and Ainsworth. Referred to Committee on Judiciary.

SB151,1,8 An Act to renumber 767.001 (1); to amend 343.15 (2) (a), 767.24 (6) (b), 767.45 (5) (b), 767.455 (5g) (intro.), 767.455 (5g) (c) 7., 767.455 (5r), 767.458 (1) (c), 767.458 (1) (d), 767.458 (1m), 767.458 (2), 767.46 (1), 767.46 (4), 767.465 (2) (a), 767.47 (1) (c), 767.47 (1) (d), 767.47 (3), 767.48 (title), 767.48 (1) (a), 767.48 (1) (b), 767.48 (1m), 767.48 (2), 767.48 (4), 767.48 (5) (intro.), 767.48 (5) (a), 767.48 (5) (b), 767.48 (6), 767.48 (7), 767.51 (3), 767.52 (2m), 767.62 (3), 885.23 and 948.01 (1g); and to create 767.001 (1m) of the statutes; relating to: allowing genetic testing for paternity determinations.

Analysis by the Legislative Reference Bureau

Under current law, a court or family court commissioner in a paternity action may order the parties and the child to submit to blood tests without the request of a party. Any party, however, may request blood tests, in which case the court or family court commissioner must order the tests. The tests can either exclude the person alleged to be the father as the father of the child or show the probability that the person alleged to be the father of the child is the father of the child. If the tests show that the alleged father is the father of the child with a statistical probability of 99.0% or higher, the alleged father is rebuttably presumed to be the father of the child. Additionally under current law, a court in any civil action in which it is relevant to determine the parentage or identity of any child, person or corpse may order blood tests for that purpose.

Testing to determine a child's paternity or a person's identity is testing for genetic sameness or similarity. Blood tests are genetic tests performed on blood cells. Genetic tests may also be performed on other types of cells, including skin cells. There may be differences in the costs or the timing of the tests, depending on the body material used. This bill provides that in situations in which a court or family court commissioner could order blood tests, or in which a party could request blood tests, a court or family court commissioner may order, or a party may request, genetic tests. A genetic test is defined in the bill as a test that examines genetic markers present on the cells of the body material being used in the test for the purpose of determining the statistical probability of an alleged father's paternity.

For further information see the local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB151, s. 1 Section 1. 343.15 (2) (a) of the statutes is amended to read:

SB151,2,3 343.15 (2) (a) In this subsection, "custody" does not mean joint legal custody as defined in s. 767.001 (1) (1s).

SB151, s. 2 Section 2. 767.001 (1) of the statutes is renumbered 767.001 (1s).

SB151, s. 3 Section 3. 767.001 (1m) of the statutes is created to read:

SB151,2,9 767.001 (1m) "Genetic test" means a test that examines genetic markers present on blood cells, skin cells, tissue cells, bodily fluid cells or cells of another body material for the purpose of determining the statistical probability of an alleged father's paternity.

SB151, s. 4 Section 4. 767.24 (6) (b) of the statutes is amended to read:

SB151,2,13 767.24 (6) (b) Notwithstanding s. 767.001 (1) (1s), in making an order of joint legal custody, the court may give one party sole power to make specified decisions, while both parties retain equal rights and responsibilities for other decisions.

SB151, s. 5 Section 5. 767.45 (5) (b) of the statutes is amended to read:

SB151,3,10 767.45 (5) (b) An action under this section may be joined with any other action for child support and shall be governed by the procedures specified in s. 767.05 relating to child support, except that the title of the action shall be "In re the paternity of A.B." The petition shall state the name and date of birth of the child if born or that the mother is pregnant if the child is unborn, the name of any alleged father, whether or not an action by any of the parties to determine the paternity of the child or rebut the presumption of paternity to the child has at any time been commenced, or is pending before any judge or court commissioner, in this state or elsewhere. If a paternity judgment has been rendered, or if a paternity action has been dismissed, the petition shall state the court which rendered the judgment or dismissed the action, and the date and the place the judgment was granted if known. The petition shall also give notice of a party's right to request a blood genetic test under s. 767.48.

SB151, s. 6 Section 6. 767.455 (5g) (intro.) of the statutes is amended to read:

SB151,3,13 767.455 (5g) Notice. (intro.) The notice to respondent shall be attached to the summons. The notice shall be in boldface type and substantially the following form:

SB151,3,14 NOTICE TO RESPONDENT

SB151,3,20 1. You have been named in a petition alleging paternity. A judgment of paternity would legally designate the child as your child, grant parental rights to you, create the right of inheritance for the child, obligate you to pay child support until the child reaches the age of 18, or the age 19 if the child is enrolled full-time in high school or its equivalent, and make your failure to pay child support punishable by imprisonment as a contempt of court or as a criminal violation.

SB151,4,2 2. You have the right to be represented by an attorney. If you are unable to afford an attorney, the court will appoint one for you subject to certain limitations. One limitation is that representation by the appointed attorney will end if during the proceedings all of the blood genetic tests show that you are excluded as the father or that the statistical probability of your being the father is 99.0% or higher. In order to determine whether you are entitled to have an attorney appointed for you, you may call the following telephone number .... .

SB151,4,6 3. You may request blood genetic tests which will indicate the probability that you are or are not the father of the child. The court will order blood genetic tests on request by you, the state or any other party. Any person who refuses to take court-ordered blood genetic tests may be punished for contempt of court.

SB151,4,11 4. The petitioner has the burden of proving by a clear and satisfactory preponderance of the evidence that you are the father. However, if blood genetic tests show that you are not excluded as the father and that the statistical probability of your being the father is 99.0% or higher, you are rebuttably presumed to be the father.

SB151,4,12 5. The following defenses are available to you:

SB151, s. 7 Section 7. 767.455 (5g) (c) 7. of the statutes is amended to read:

SB151,4,22 767.455 (5g) (c) 7. If you fail to appear at any stage of the proceeding, including a scheduled blood genetic test, the court will enter a default judgment finding you to be the father. A default judgment will take effect 30 days after it is served on or mailed to you at your address on file with the court, unless within those 30 days you present to the court evidence of good cause for your failure to appear or your failure to have undergone a blood genetic test. You need not appear at the time and place specified in the summons if you complete the attached waiver of first appearance statement and deliver it to the court by the date specified in the waiver of first appearance statement.

SB151, s. 8 Section 8. 767.455 (5r) of the statutes is amended to read:

SB151,5,3 767.455 (5r) Waiver of first appearance. The waiver of first appearance statement shall be attached to the summons. The waiver of first appearance statement shall be in boldface type and substantially the following form:

SB151,5,4 WAIVER OF FIRST APPEARANCE

SB151,5,8 1. I understand that by signing this waiver and agreeing to its terms I am not required to appear at the time and place specified in the summons. If I do not sign this statement, I am required to appear at the time and place specified in the summons.

SB151,5,15 2. I understand that I will be notified by the court of all future stages in the proceeding and agree to appear at those stages. If I fail to appear at any stage, including a scheduled blood genetic test, the court will enter a default judgment finding me to be the father. A default judgment will take effect 30 days after it is served on or mailed to me, unless within those 30 days I present to the court evidence of good cause for my failure to appear or my failure to have undergone a blood genetic test.

SB151,5,16 3. I enter the following plea (check only one):

SB151,5,17 .... I agree that I am the child's father.

SB151,5,18 .... I deny that I am the child's father.

SB151,5,20 .... I agree that I am the child's father, subject to confirmation by a blood genetic test.

SB151,5,24 If I enter a plea agreeing that I am the child's father, a judgment of paternity will be entered against me. If I enter a plea denying that I am the child's father or a plea agreeing that I am the child's father, subject to a blood genetic test, I agree to undergo a blood genetic test.

SB151,5,25 4. I have read the summons and the notice or have had them read to me.

SB151,6,2 5. This waiver of first appearance statement is valid only if it is delivered to the court on or before .....

SB151,6,4 6. I will keep the clerk of court informed of my address at all times. The following is my current address:

SB151,6,5 ..............................................................

SB151,6,6 Street address and apartment number

SB151,6,7 ..............................................

SB151,6,8 City State Zip Code

SB151,6,9 ........ ......................................

SB151,6,10 Date Signature of Respondent