SB123: Bill Text

SB123, s. 255 Section 255. 767.865 (1) (title) of the statutes is created to read:

SB123,136,21 767.865 (1) (title) Who may appear.

SB123, s. 256 Section 256 . 767.865 (1) (b) of the statutes is created to read:

SB123,137,7 767.865 (1) (b) If the court determines that it is appropriate, the court may appoint a guardian ad litem for the deceased respondent for purposes of par. (a). Section 767.407 (3) and (5) applies to the guardian ad litem. The guardian ad litem shall represent the interests of the deceased respondent. The guardian ad litem shall be compensated at a rate that the court determines is reasonable. The court shall order the compensation to be paid from the deceased respondent's estate. If the moneys in the estate are not sufficient to pay all or part of the compensation, the court may direct that the county of venue pay the compensation. If the court orders a county to pay the compensation of the guardian ad litem, the amount ordered may not exceed the compensation paid to private attorneys under s. 977.08 (4m) (b).

Note: See the note to Sec. 257 of this bill.

SB123, s. 257 Section 257 . 767.865 (2) of the statutes is created to read:

SB123,137,14 767.865 (2) Genetic tests. If genetic material is available, without undue hardship, from a deceased respondent or a relative of the deceased respondent in an action for paternity, genetic tests shall be administered in accordance with s. 767.84. There is a rebuttable presumption that exhumation of the deceased respondent's body to obtain the genetic material for testing is an undue hardship under this subsection.

Note: Sections 256 and 257 of this bill are based on a recommendation of the paternity reform committee.

1. Section 256 permits the appointment of a guardian ad litem to represent a deceased respondent when there is no personal representative and requires the guardian ad litem to receive service of the summons and petition. The reform committee's recommendation to appoint a guardian ad litem for "a deceased respondent who is the alleged father" is expanded to include any deceased respondent. See, also, Sec. 200 of this bill.

2. Section 257 requires genetic tests if genetic material is available, without undue hardship, from the deceased or his relatives. Exhumation is rebuttably presumed an undue hardship.

SB123, s. 258 Section 258. 767.87 (1) (title), (1m) (title), (2) (title), (2m) (title), (4) (title), (5) (title), (6) (title), (7) (title), (8) (title), (9) (title), (10) (title) and (11) (title) of the statutes are created to read:

SB123,137,18 767.87 (1) (title) Generally.

SB123,137,19 (1m) (title) Birth record required.

SB123,138,1 (2) (title) Admissibility of sexual relations by mother.

SB123,138,2 (2m) (title) Admissibility of certain medical and genetic information.

SB123,138,3 (4) (title) Immunity.

SB123,138,4 (5) (title) Refusal to testify or produce evidence.

SB123,138,5 (6) (title) When mother not compelled to testify.

SB123,138,6 (7) (title) Certain testimony of physician not privileged.

SB123,138,7 (8) (title) Burden of proof.

SB123,138,8 (9) (title) Artificial insemination; natural father.

SB123,138,9 (10) (title) Record of mother's testimony admissible.

SB123,138,10 (11) (title) Related costs admissible.

SB123, s. 259 Section 259. 767.88 (2) (title), (3) (title), (4) (title), (5) (title) and (6) (title) of the statutes are created to read:

SB123,138,13 767.88 (2) (title) Court evaluation and recommendation.

SB123,138,14 (3) (title) Acceptance of recommendation; judgment.

SB123,138,15 (4) (title) Recommendation refused and no tests taken.

SB123,138,16 (5) (title) Final recommendation not accepted; trial.

SB123,138,17 (6) (title) Termination of informal hearing.

SB123, s. 260 Section 260. 767.883 (2) (title) of the statutes is created to read:

SB123,138,19 767.883 (2) (title) Jury size; verdict.

SB123, s. 261 Section 261. 767.89 (1) (title), (3) (title), (3m) (title), (4) (title) and (7) (title) of the statutes are created to read:

SB123,138,22 767.89 (1) (title) Effect of judgment or order.

SB123,138,23 (3) (title) Content of judgment or order.

SB123,138,24 (3m) (title) Change of child's name.

SB123,138,25 (4) (title) Liability for past support.

SB123,139,1 (7) (title) Preparation of final papers.

SB123, s. 262 Section 262 . 767.893 (2) (b) 2. of the statutes is created to read:

SB123,139,5 767.893 (2) (b) 2. The alleged father who fails to appear has had genetic tests under s. 49.225 or 767.84 showing that the alleged father is not excluded and that the statistical probability of the alleged father's parentage is 99.0 percent or higher.

Note: Authorizes the court to enter a default judgment when an alleged father has a genetic test result of 99% or higher, even though there may be another untested alleged father. Based on a recommendation of the paternity reform committee.

SB123, s. 263 Section 263. 808.075 (4) (d) 13. of the statutes is amended to read:

SB123,139,8 808.075 (4) (d) 13. Determination of arrearages under s. 767.293 charges and issuance of repayment orders under s. 767.71.

SB123, s. 264 Section 264. 814.615 (1) (a) (intro.) and (2) of the statutes are amended to read:

SB123,139,12 814.615 (1) (a) (intro.) Except as provided under sub. (2), for family court counseling services provided under s. 767.11 767.405 a county shall collect the following fees:

SB123,139,23 (2) In lieu of the fee under sub. (1) (a) 2. or 3., a county may establish a fee schedule to recover its reasonable costs of providing family court counseling services under s. 767.11 767.405. A fee schedule established under this subsection may apply in lieu of the fee under sub. (1) (a) 2. or 3. or both, and shall require no fee for the first mediation session conducted upon referral under s. 767.11 767.405 (5); provide for payment for any other services based on the parties' ability to pay; and take into account the fees the county collects under s. 814.61 (1) (b) and (7) (b). Fees shall be based on services actually provided. The county may not collect a single fee applicable without regard to the number of sessions or services provided. Subject to sub. (3), the county shall provide family court counseling services to the parties even if both parties are unable to pay.

SB123, s. 265 Section 265. Cross-reference changes. In the sections of the statutes listed in Column A, the cross-references shown in Column B are changed to the cross-references shown in column C: - See PDF for table

SB123, s. 266 Section 266. Initial applicability.

SB123,148,4 (1) The treatment of section 767.027 of the statutes first applies to actions to modify a judgment or order with respect to child support that are commenced on the effective date of this subsection.

SB123,149,2 (2) The treatment of sections 767.085 (1) and 767.215 (5) of the statutes first applies to petitions that are filed on the effective date of this subsection.

SB123,149,5 (3) The treatment of section 767.11 (12) of the statutes first applies to written mediation agreements that are certified by the mediator on the effective date of this subsection.

SB123,149,7 (4) The treatment of section 767.14 of the statutes first applies to actions affecting the family that are commenced on the effective date of this subsection.

SB123,149,9 (5) The treatment of section 767.145 (2) of the statutes first applies to motions for extension of time for service that are made on the effective date of this subsection.

SB123,149,11 (6) The treatment of section 767.25 (6) of the statutes first applies to arrearage determinations that are made on the effective date of this subsection.

SB123,149,13 (7) The treatment of section 767.265 (2h) and (2m) (b) of the statutes first applies to notices of assignment that are sent on the effective date of this subsection.

SB123,149,15 (8) The treatment of section 767.27 (1) of the statutes first applies to actions affecting the family that are commenced on the effective date of this subsection.

SB123,149,18 (9) The treatment of sections 767.293 and 767.71 of the statutes first applies to determinations sought by notices of reconciliation of account that are filed on the effective date of this subsection.

SB123,149,20 (10) The treatment of section 767.37 (1) (a) and (c) and (3) of the statutes first applies to judgments that are granted on the effective date of this subsection.

SB123,149,25 (11) The treatment of sections 767.455 (5), (5g), and (5r), 767.457 (2), 767.459, 767.465 (2) (a) and (b) and (2m) (b), 767.475 (2m), 767.48 (1) (a), 767.813 (5) (b) and (c) and (5g), 767.84 (1) (a) 2., 767.865 (1) (b) and (2), and 767.893 (2) (b) 2. of the statutes first applies to paternity actions that are commenced on the effective date of this subsection.

SB123,150,3 (12) The treatment of section 767.501 (4) of the statutes first applies to actions to compel support or maintenance that are commenced on the effective date of this subsection.

SB123,150,5 (13) The treatment of section 767.61 (4), and (5) of the statutes first applies to judgments granted on the effective date of this subsection.

SB123,150,8 (14) The treatment of section 767.805 (1m) of the statutes first applies to statements acknowledging paternity that are filed on the effective date of this subsection.

SB123,150,11 (15) The treatment of section 767.814 of the statutes first applies to actions or proceedings under subchapter IX of chapter 767 of the statutes in which paternity is determined on the effective date of this subsection.

SB123, s. 267 Section 267. Effective date.

SB123,150,13 (1) This act takes effect on July 1, 2006.

SB123,150,21 Note: The following list shows the general treatment of provisions of ch. 767 by this bill. The left-hand column ("current section") lists the current provisions of ch. 767. The right-hand column ("treatment") shows the general treatment of each provision by this bill. - See PDF for table

SB123,155,1 (End)