SB433, s. 11 15Section 11. 48.925 (1m) of the statutes is created to read:
SB433,6,2116 48.925 (1m) (a) Except as provided in par. (b), the court may not grant
17visitation rights under sub. (1) to a relative who has maintained a relationship
18similar to a parent-child relationship with a child if the relative has been convicted
19under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the
202nd-degree intentional homicide, of a parent of the child, and the conviction has not
21been reversed, set aside or vacated.
SB433,6,2422 (b) Paragraph (a) does not apply if the court determines that the child desires
23to have visitation with the relative and is sufficiently mature to make such a decision
24and that the visitation would be in the best interests of the child.
SB433, s. 12 25Section 12. 767.245 (1) of the statutes is amended to read:
SB433,7,5
1767.245 (1) Except as provided in sub. subs. (1m) and (2m), upon petition by
2a grandparent, greatgrandparent, stepparent or person who has maintained a
3relationship similar to a parent-child relationship with the child, the court may
4grant reasonable visitation rights to that person if the parents have notice of the
5hearing and if the court determines that visitation is in the best interest of the child.
SB433, s. 13 6Section 13. 767.245 (1m) of the statutes is created to read:
SB433,7,117 767.245 (1m) (a) Except as provided in par. (b), the court may not grant
8visitation rights under sub. (1) to a person who has been convicted under s. 940.01
9of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree
10intentional homicide, of a parent of the child, and the conviction has not been
11reversed, set aside or vacated.
SB433,7,1412 (b) Paragraph (a) does not apply if the court determines that the child desires
13to have visitation with the person and is sufficiently mature to make such a decision
14and that the visitation would be in the best interests of the child.
SB433, s. 14 15Section 14. 767.247 of the statutes is created to read:
SB433,7,22 16767.247 Prohibiting visitation or physical placement if a parent kills
17other parent.
(1) Notwithstanding s. 767.24 (1), (4) and (5) and except as provided
18in sub. (2), in an action under this chapter that affects a minor child, a court may not
19grant to the child's parent visitation or physical placement rights with the child if the
20parent has been convicted under s. 940.01 of the first-degree intentional homicide,
21or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other parent,
22and the conviction has not been reversed, set aside or vacated.
SB433,8,2 23(2) Subsection (1) does not apply if the court determines that the child desires
24to have visitation or periods of physical placement with the parent and is sufficiently

1mature to make such a decision and that the visitation or periods of physical
2placement would be in the best interests of the child.
SB433, s. 15 3Section 15. 767.325 (4m) of the statutes is created to read:
SB433,8,104 767.325 (4m) Denial of physical placement for killing other parent. (a)
5Notwithstanding subs. (1) to (4), upon petition, motion or order to show cause by a
6party or on its own motion, a court shall modify a physical placement order by
7denying a parent physical placement with a child if the parent has been convicted
8under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the
92nd-degree intentional homicide, of the child's other parent, and the conviction has
10not been reversed, set aside or vacated.
SB433,8,1411 (b) Paragraph (a) does not apply if the court determines that the child desires
12to have physical placement with the parent and is sufficiently mature to make such
13a decision and that physical placement with the parent would be in the best interests
14of the child.
SB433, s. 16 15Section 16. 880.155 (2) of the statutes is amended to read:
SB433,8,2516 880.155 (2) If one or both parents of a minor child are deceased and the child
17is in the custody of the surviving parent or any other person, a grandparent or
18stepparent of the child may petition for visitation privileges with respect to the child,
19whether or not the person with custody is married. The grandparent or stepparent
20may file the petition in a guardianship or temporary guardianship proceeding under
21this chapter that affects the minor child or may file the petition to commence an
22independent action under this chapter. The Except as provided in sub. (3m), the
23court may grant reasonable visitation privileges to the grandparent or stepparent if
24the surviving parent or other person who has custody of the child has notice of the
25hearing and if the court determines that visitation is in the best interest of the child.
SB433, s. 17
1Section 17. 880.155 (3m) of the statutes is created to read:
SB433,9,62 880.155 (3m) (a) Except as provided in par. (b), the court may not grant
3visitation privileges to a grandparent or stepparent under this section if the
4grandparent or stepparent has been convicted under s. 940.01 of the first-degree
5intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of
6a parent of the child, and the conviction has not been reversed, set aside or vacated.
SB433,9,107 (b) Paragraph (a) does not apply if the court determines that the child desires
8to have visitation with the grandparent or stepparent and is sufficiently mature to
9make such a decision and that the visitation would be in the best interests of the
10child.
SB433, s. 18 11Section 18. 880.157 of the statutes is created to read:
SB433,9,18 12880.157 Prohibiting visitation or physical placement if a parent kills
13other parent. (1)
Except as provided in sub. (2), in an action under this chapter
14that affects a minor child, a court may not grant to a parent of the child visitation or
15physical placement rights with the child if the parent has been convicted under s.
16940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree
17intentional homicide, of the child's other parent, and the conviction has not been
18reversed, set aside or vacated.
SB433,9,22 19(2) Subsection (1) does not apply if the court determines that the child desires
20to have visitation or periods of physical placement with the parent and is sufficiently
21mature to make such a decision and that visitation or periods of physical placement
22would be in the best interests of the child.
SB433, s. 19 23Section 19. 938.34 (3) (a) of the statutes is amended to read:
SB433,9,2524 938.34 (3) (a) The home of a parent or other relative of the juvenile, except that
25the court may not designate the home of a parent or other relative of the juvenile as

1the juvenile's placement if the parent or other relative has been convicted under s.
2940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree
3intentional homicide, of a parent of the juvenile, and the conviction has not been
4reversed, set aside or vacated, unless the court determines that the juvenile desires
5to be placed in the home of the parent or other relative and is sufficiently mature to
6make such a decision and that the placement would be in the best interests of the
7juvenile
.
SB433, s. 20 8Section 20. 938.355 (3) of the statutes is renumbered 938.355 (3) (a) and
9amended to read:
SB433,10,1210 938.355 (3) (a) If Except as provided in par. (b), if, after a hearing on the issue
11with due notice to the parent or guardian, the court finds that it would be in the best
12interest of the juvenile, the court may set reasonable rules of parental visitation.
SB433, s. 21 13Section 21. 938.355 (3) (b) of the statutes is created to read:
SB433,10,1814 938.355 (3) (b) 1. Except as provided in subd. 2., the court may not grant
15visitation under par. (a) to a parent of a juvenile if the parent has been convicted
16under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the
172nd-degree intentional homicide, of the juvenile's other parent, and the conviction
18has not been reversed, set aside or vacated.
SB433,10,2119 2. Subdivision 1. does not apply if the court determines that the juvenile desires
20to have visitation with the parent and is sufficiently mature to make such a decision
21and that the visitation would be in the best interests of the juvenile.
SB433, s. 22 22Section 22. 938.357 (4d) of the statutes is created to read:
SB433,11,223 938.357 (4d) (a) Except as provided in par. (b), the court may not change a
24juvenile's placement to a placement in the home of a person who has been convicted
25under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the

12nd-degree intentional homicide, of a parent of the juvenile, and the conviction has
2not been reversed, set aside or vacated.
SB433,11,53 (b) Paragraph (a) does not apply if the court determines that the juvenile
4desires to be placed in the home of the person and is sufficiently mature to make such
5a decision and that the placement would be in the best interests of the juvenile.
SB433, s. 23 6Section 23. Initial applicability.
SB433,11,137 (1) This act first applies to petitions for visitation, physical placement or
8revision of physical placement orders that are filed on the effective date of this
9subsection, to petitions to restrain and enjoin visitation and contact with a child that
10are filed on the effective date of this subsection and to orders of the juvenile court
11placing a child in the home of a parent, relative or other person or setting parental
12visitation granted on the effective date of this subsection, regardless of when the
13conviction of first-degree or 2nd-degree intentional homicide occurred.
SB433,11,1414 (End)
Loading...
Loading...