AB108-engrossed, s. 17 4Section 17. 767.247 of the statutes is created to read:
AB108-engrossed,11,12 5767.247 Prohibiting visitation or physical placement if a parent kills
6other parent.
(1) Notwithstanding ss. 767.23 (1) (am), 767.24 (1), (4) and (5),
7767.51 (3) and 767.62 (4) (a) and except as provided in sub. (2), in an action under this
8chapter that affects a minor child, a court or family court commissioner may not
9grant to the child's parent visitation or physical placement rights with the child if the
10parent has been convicted under s. 940.01 of the first-degree intentional homicide,
11or under s. 940.05 of the 2nd-degree intentional homicide, of the child's other parent,
12and the conviction has not been reversed, set aside or vacated.
AB108-engrossed,11,16 13(2) Subsection (1) does not apply if the court or family court commissioner
14determines that the child desires to have visitation or periods of physical placement
15with the parent and is sufficiently mature to make such a decision and that the
16visitation or periods of physical placement would be in the best interests of the child.
AB108-engrossed, s. 18 17Section 18. 767.325 (4m) of the statutes is created to read:
AB108-engrossed,11,2418 767.325 (4m) Denial of physical placement for killing other parent. (a)
19Notwithstanding subs. (1) to (4), upon petition, motion or order to show cause by a
20party or on its own motion, a court shall modify a physical placement order by
21denying a parent physical placement with a child if the parent has been convicted
22under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the
232nd-degree intentional homicide, of the child's other parent, and the conviction has
24not been reversed, set aside or vacated.
AB108-engrossed,12,4
1(b) Paragraph (a) does not apply if the court determines that the child desires
2to have physical placement with the parent and is sufficiently mature to make such
3a decision and that physical placement with the parent would be in the best interests
4of the child.
AB108-engrossed, s. 19 5Section 19. 880.155 (2) of the statutes is amended to read:
AB108-engrossed,12,156 880.155 (2) If one or both parents of a minor child are deceased and the child
7is in the custody of the surviving parent or any other person, a grandparent or
8stepparent of the child may petition for visitation privileges with respect to the child,
9whether or not the person with custody is married. The grandparent or stepparent
10may file the petition in a guardianship or temporary guardianship proceeding under
11this chapter that affects the minor child or may file the petition to commence an
12independent action under this chapter. The Except as provided in sub. (3m), the
13court may grant reasonable visitation privileges to the grandparent or stepparent if
14the surviving parent or other person who has custody of the child has notice of the
15hearing and if the court determines that visitation is in the best interest of the child.
AB108-engrossed, s. 20 16Section 20. 880.155 (3m) of the statutes is created to read:
AB108-engrossed,12,2117 880.155 (3m) (a) Except as provided in par. (b), the court may not grant
18visitation privileges to a grandparent or stepparent under this section if the
19grandparent or stepparent has been convicted under s. 940.01 of the first-degree
20intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of
21a parent of the child, and the conviction has not been reversed, set aside or vacated.
AB108-engrossed,12,2522 (b) Paragraph (a) does not apply if the court determines that the child desires
23to have visitation with the grandparent or stepparent and is sufficiently mature to
24make such a decision and that the visitation would be in the best interests of the
25child.
AB108-engrossed, s. 20m
1Section 20m. 880.155 (4m) of the statutes is created to read:
AB108-engrossed,13,92 880.155 (4m) (a) If a grandparent or stepparent granted visitation privileges
3with respect to a child under this section is convicted under s. 940.01 of the
4first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional
5homicide, of a parent of the child, and the conviction has not been reversed, set aside
6or vacated, the court shall modify the visitation order by denying visitation with the
7child upon petition, motion or order to show cause by a person having custody of the
8child, or upon the court's own motion, and upon notice to the grandparent or
9stepparent granted visitation privileges.
AB108-engrossed,13,1310 (b) Paragraph (a) does not apply if the court determines that the child desires
11to have visitation with the grandparent or stepparent and is sufficiently mature to
12make such a decision and that the visitation would be in the best interests of the
13child.
AB108-engrossed, s. 21 14Section 21. 880.157 of the statutes is created to read:
AB108-engrossed,13,21 15880.157 Prohibiting visitation or physical placement if a parent kills
16other parent. (1)
Except as provided in sub. (2), in an action under this chapter
17that affects a minor child, a court may not grant to a parent of the child visitation or
18physical placement rights with the child if the parent has been convicted under s.
19940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree
20intentional homicide, of the child's other parent, and the conviction has not been
21reversed, set aside or vacated.
AB108-engrossed,13,25 22(2) Subsection (1) does not apply if the court determines that the child desires
23to have visitation or periods of physical placement with the parent and is sufficiently
24mature to make such a decision and that visitation or periods of physical placement
25would be in the best interests of the child.
AB108-engrossed, s. 22
1Section 22. 938.207 (1) (a) of the statutes is amended to read:
AB108-engrossed,14,92 938.207 (1) (a) The home of a parent or guardian, except that a juvenile may
3not be held in the home of a parent or guardian if the parent or guardian has been
4convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05
5of the 2nd-degree intentional homicide, of a parent of the juvenile, and the conviction
6has not been reversed, set aside or vacated, unless the person making the custody
7decision determines that the juvenile desires to be held in the home of the parent or
8guardian and is sufficiently mature to make such a decision and that the placement
9would be in the best interests of the juvenile
.
AB108-engrossed, s. 23 10Section 23. 938.207 (1) (b) of the statutes is amended to read:
AB108-engrossed,14,1811 938.207 (1) (b) The home of a relative, except that a juvenile may not be held
12in the home of a relative if the relative has been convicted under s. 940.01 of the
13first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional
14homicide, of a parent of the juvenile, and the conviction has not been reversed, set
15aside or vacated, unless the person making the custody decision determines that the
16juvenile desires to be held in the home of the relative and is sufficiently mature to
17make such a decision and that the placement would be in the best interests of the
18juvenile
.
AB108-engrossed, s. 24 19Section 24. 938.34 (3) (a) of the statutes is amended to read:
AB108-engrossed,15,320 938.34 (3) (a) The home of a parent or other relative of the juvenile, except that
21the court may not designate the home of a parent or other relative of the juvenile as
22the juvenile's placement if the parent or other relative has been convicted under s.
23940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree
24intentional homicide, of a parent of the juvenile, and the conviction has not been
25reversed, set aside or vacated, unless the court determines that the juvenile desires

1to be placed in the home of the parent or other relative and is sufficiently mature to
2make such a decision and that the placement would be in the best interests of the
3juvenile
.
AB108-engrossed, s. 25 4Section 25. 938.34 (3) (b) of the statutes is amended to read:
AB108-engrossed,15,135 938.34 (3) (b) A home which need not be The home of a person who is not
6required to be
licensed if placement is for less than 30 days, except that the judge may
7not designate the name of a person who is not required to be licensed as the juvenile's
8placement if the person has been convicted under s. 940.01 of the first-degree
9intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of
10a parent of the juvenile, and the conviction has not been reversed, set aside or
11vacated, unless the judge determines that the juvenile desires to be placed in that
12home and is sufficiently mature to make such a decision and that the placement
13would be in the best interests of the juvenile
.
AB108-engrossed, s. 26 14Section 26. 938.355 (3) of the statutes is renumbered 938.355 (3) (a) and
15amended to read:
AB108-engrossed,15,1816 938.355 (3) (a) If Except as provided in par. (b), if, after a hearing on the issue
17with due notice to the parent or guardian, the court finds that it would be in the best
18interest of the juvenile, the court may set reasonable rules of parental visitation.
AB108-engrossed, s. 27 19Section 27. 938.355 (3) (b) of the statutes is created to read:
AB108-engrossed,15,2420 938.355 (3) (b) 1. Except as provided in subd. 2., the court may not grant
21visitation under par. (a) to a parent of a juvenile if the parent has been convicted
22under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the
232nd-degree intentional homicide, of the juvenile's other parent, and the conviction
24has not been reversed, set aside or vacated.
AB108-engrossed,16,9
11m. Except as provided in subd. 2., if a parent who is granted visitation rights
2with a juvenile under par. (a) is convicted under s. 940.01 of the first-degree
3intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of
4the juvenile's other parent, and the conviction has not been reversed, set aside or
5vacated, the court shall issue an order prohibiting the parent from having visitation
6with the juvenile on petition of the juvenile, the guardian or legal custodian of the
7juvenile, a person or agency bound by the dispositional order or the district attorney
8or corporation counsel of the county in which the dispositional order was entered, or
9on the court's own motion, and on notice to the parent.
AB108-engrossed,16,1210 2. Subdivisions 1. and 1m. do not apply if the court determines that the juvenile
11desires to have visitation with the parent and is sufficiently mature to make such a
12decision and that the visitation would be in the best interests of the juvenile.
AB108-engrossed, s. 28 13Section 28. 938.357 (4d) of the statutes is created to read:
AB108-engrossed,16,1814 938.357 (4d) (a) Except as provided in par. (b), the court may not change a
15juvenile's placement to a placement in the home of a person who 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 a parent of the juvenile, if the conviction has not
18been reversed, set aside or vacated.
AB108-engrossed,17,219 (am) Except as provided in par (b), if a parent in whose home a juvenile is placed
20is convicted under s. 940.01 of the first-degree intentional homicide, or under s.
21940.05 of the 2nd-degree intentional homicide, of the juvenile's other parent, and the
22conviction has not been reversed, set aside or vacated, the court shall change the
23juvenile's placement to a placement out of the home of the parent on petition of the
24juvenile, the guardian or legal custodian of the juvenile, a person or agency bound
25by the dispositional order or the district attorney or corporation counsel of the county

1in which the dispositional order was entered, or on the court's own motion, and on
2notice to the parent.
AB108-engrossed,17,63 (b) Paragraphs (a) and (am) do not apply if the court determines that the
4juvenile desires to be placed in the home of the person and is sufficiently mature to
5make such a decision and that the placement would be in the best interests of the
6juvenile.
AB108-engrossed, s. 29 7Section 29. Initial applicability.
AB108-engrossed,17,15 8(1) This act first applies to orders for visitation or physical placement, and to
9orders modifying or revising visitation or physical placement orders, that are
10granted on the effective date of this subsection; to petitions to restrain and enjoin
11visitation and contact with a child that are filed on the effective date of this
12subsection; and to orders of the juvenile court placing a child in or removing a child
13from the home of a parent, guardian or relative or granting or prohibiting parental
14visitation granted on the effective date of this subsection; regardless of when the
15conviction of first-degree or 2nd-degree intentional homicide occurred.
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