LRB-3878/1
GMM:hmh:jf
2001 - 2002 LEGISLATURE
October 16, 2001 - Introduced by Representatives Kestell, Suder, Ladwig,
Jeskewitz, Wasserman, Ainsworth, J. Fitzgerald, Kreibich, Seratti,
Townsend, Leibham, Nass
and Stone, cosponsored by Senators Darling and
Roessler. Referred to Committee on Children and Families.
AB574,1,3 1An Act to amend 48.415 (9) (a), 48.415 (9) (b) and 48.42 (2m) of the statutes;
2relating to: termination of the parental rights of the mother of a child
3conceived as a result of a sexual assault committed by the mother.
Analysis by the Legislative Reference Bureau
Under current law, a person's parental rights over a child may be terminated
involuntarily on various grounds including the ground of parenthood as a result of
a sexual assault, which is established by proving that the child was conceived as a
result of nonconsensual sexual intercourse, sexual intercourse with a child under 16
years of age, or repeated acts of sexual intercourse with a child under 16 years of age.
Currently, conception as a result of sexual assault may be proved by a final judgment
of conviction or other evidence indicating that the person who may be the father of
the child committed, during a possible time of conception, a sexual assault against
the mother of the child. This bill permits the parental rights of either parent of a child
who was conceived as a result of a sexual assault committed by that parent to be
terminated on the grounds of parenthood as a result of sexual assault.
For further information see the state and 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:
AB574, s. 1
1Section 1. 48.415 (9) (a) of the statutes is amended to read:
AB574,2,102 48.415 (9) (a) Parenthood as a result of sexual assault, which shall be
3established by proving that the child was conceived as a result of a sexual assault in
4violation of s. 940.225 (1), (2), or (3), 948.02 (1) or (2), or 948.025. Conception as a
5result of sexual assault as specified in this paragraph may be proved by a final
6judgment of conviction or other evidence produced at a fact-finding hearing under
7s. 48.424 indicating that the person who may be the father of the child whose parental
8rights are sought to be terminated
committed, during a possible time of conception,
9a sexual assault as specified in this paragraph against the mother other parent of the
10child.
AB574, s. 2 11Section 2. 48.415 (9) (b) of the statutes is amended to read:
AB574,2,1612 48.415 (9) (b) If the conviction or other evidence specified in par. (a) indicates
13that the child was conceived as a result of a sexual assault in violation of s. 948.02
14(1) or (2), the mother of the child parent who was the victim of the sexual assault may
15be heard on her that parent's desire for the termination of the father's other parent's
16parental rights.
AB574, s. 3 17Section 3. 48.42 (2m) of the statutes is amended to read:
AB574,3,418 48.42 (2m) Notice not required. Except as provided in this subsection, notice
19is not required to be given to a person who may be the father parent of a child
20conceived as a result of a sexual assault in violation of s. 940.225 (1), (2), or (3), 948.02
21(1) or (2), or 948.025 committed by that parent if a physician attests to his or her belief
22that a sexual assault as specified in this subsection has occurred or if the that person
23who may be the father of the child has been convicted of sexual assault as specified
24in this subsection for conduct which may have led to the child's conception. A person
25who under this subsection is not given notice does not have standing to appear and

1contest a petition for the termination of his that person's parental rights. This
2subsection does not apply to a person who may be the father parent of a child
3conceived as a result of a sexual assault in violation of s. 948.02 (1) or (2) if that person
4was under 18 years of age at the time of the sexual assault.
AB574, s. 4 5Section 4. Initial applicability.
AB574,3,126 (1) This act first applies to petitions for termination of parental rights under
7section 48.42 (1) of the statutes filed on the effective date of this subsection, but does
8not preclude consideration of a sexual assault in violation of section 940.225 (1), (2),
9or (3), 948.02 (1) or (2), or 948.025 of the statutes that occurred before the effective
10date of this subsection in determining whether to terminate, or to find grounds to
11terminate, the parental rights of a person under section 48.415 (9) of the statutes,
12as affected by this act.
AB574,3,1313 (End)
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