AB1000,321
21Section
321. 891.41 (3) of the statutes is created to read:
AB1000,137,2322
891.41
(3) This section applies with respect to children born before, on, or after
23the effective date of this subsection .... [LRB inserts date].
AB1000,322
24Section
322. 905.04 (4) (e) 3. of the statutes is amended to read:
AB1000,138,8
1905.04
(4) (e) 3. There is no privilege in situations where the examination of
2the
expectant mother of person pregnant with an abused unborn child creates a
3reasonable ground for an opinion of the physician, registered nurse, chiropractor,
4psychologist, social worker, marriage and family therapist or professional counselor
5that the physical injury inflicted on the unborn child was caused by the habitual lack
6of self-control of the
expectant mother of
person pregnant with the unborn child in
7the use of alcohol beverages, controlled substances or controlled substance analogs,
8exhibited to a severe degree.
AB1000,323
9Section
323. 905.05 (title) of the statutes is amended to read:
AB1000,138,10
10905.05 (title)
Husband-wife Spousal and domestic partner privilege.
AB1000,324
11Section
324. 938.02 (5s) of the statutes is created to read:
AB1000,138,1212
938.02
(5s) “Expectant parent” means a person who is pregnant.
AB1000,325
13Section
325. 938.02 (13) of the statutes is amended to read:
AB1000,139,814
938.02
(13) “Parent" means a
biological natural parent
, a husband who has
15consented to the artificial insemination of his wife under s. 891.40, or a parent by
16adoption. If the juvenile is a nonmarital child who is not adopted or whose parents
17do not subsequently intermarry under s. 767.803, “parent" includes a person
18conclusively determined from genetic test results to be the
father parent under s.
19767.804 or a person acknowledged under s. 767.805 or a substantially similar law of
20another state or adjudicated to be the
biological father natural parent. “Parent" does
21not include any person whose parental rights have been terminated. For purposes
22of the application of s. 938.028 and the federal Indian Child Welfare Act,
25 USC
231901 to
1963, “parent" means a
biological
natural parent
of an Indian child, an Indian
24husband spouse who has consented to the artificial insemination of his
wife
or her
25spouse under s. 891.40, or an Indian person who has lawfully adopted an Indian
1juvenile, including an adoption under tribal law or custom, and includes, in the case
2of a nonmarital
Indian child who is not adopted or whose parents do not subsequently
3intermarry under s. 767.803, a person conclusively determined from genetic test
4results to be the
father parent under s. 767.804, a person acknowledged under s.
5767.805, a substantially similar law of another state, or tribal law or custom to be the
6biological father natural parent, or a person adjudicated to be the
biological father 7natural parent, but does not include any person whose parental rights have been
8terminated.
AB1000,326
9Section
326. 938.27 (3) (b) of the statutes is amended to read:
AB1000,139,1410
938.27
(3) (b) 1. Except as provided in subd. 2., if the petition that was filed
11relates to facts concerning a situation under s. 938.13 and if the juvenile is a
12nonmarital child who is not adopted or whose parents do not subsequently
13intermarry as provided under s. 767.803 and if
paternity parentage has not been
14established, the court shall notify, under s. 938.273, all of the following persons:
AB1000,139,1615
a. A person who has filed a declaration of
paternal parental interest under s.
1648.025.
AB1000,139,1917
b. A person alleged to the court to be the
father
parent of the juvenile or who
18may, based on the statements of the
mother
person who gave birth to the child or
19other information presented to the court, be the
father parent of the juvenile.
AB1000,139,2420
2. A court is not required to provide notice, under subd. 1., to any person who
21may be the
father parent of a juvenile conceived as a result of a sexual assault if a
22physician attests to his or her belief that there was a sexual assault of the
juvenile's
23mother person who gave birth to the juvenile that may have resulted in the juvenile's
24conception.
AB1000,327
25Section
327. 938.27 (5) of the statutes is amended to read:
AB1000,140,7
1938.27
(5) Notice to
biological fathers parents. Subject to sub. (3) (b), the
2court shall make reasonable efforts to identify and notify any person who has filed
3a declaration of
paternal parental interest under s. 48.025, any person conclusively
4determined from genetic test results to be the
father parent under s. 767.804 (1), any
5person who has acknowledged
paternity parentage of the child under s. 767.805 (1),
6and any person who has been adjudged to be the
father parent of the juvenile in a
7judicial proceeding unless the person's parental rights have been terminated.
AB1000,328
8Section
328. 938.299 (6) (intro.) of the statutes is amended to read:
AB1000,140,139
938.299
(6) Establishment of
paternity when man alleges paternity
10parentage. (intro.) If a
man person who has been given notice under s. 938.27 (3)
11(b) 1. appears at any hearing for which
he
the person received the notice, alleges
that
12he is the father to be the parent of the juvenile
, and
states that he wishes
requests 13to establish the
paternity parentage of the juvenile, all of the following apply:
AB1000,329
14Section
329. 938.299 (6) (e) 1., 2., 3. and 4. of the statutes are amended to read:
AB1000,140,1915
938.299
(6) (e) 1. In this paragraph, “genetic test" means a test that examines
16genetic markers present on blood cells, skin cells, tissue cells, bodily fluid cells or
17cells of another body material for the purpose of determining the statistical
18probability that a
man person who is alleged to be a juvenile's
father parent is the
19juvenile's biological
father parent.
AB1000,140,2220
2. The court shall, at the hearing, orally inform any
man person specified in
21sub. (6) (intro.) that
he the person may be required to pay for any testing ordered by
22the court under this paragraph or under s. 885.23.
AB1000,141,1023
3. In addition to ordering testing as provided under s. 885.23, if the court
24determines that it would be in the best interests of the juvenile, the court may order
25any
man person specified in sub. (6) (intro.) to submit to one or more genetic tests
1which shall be performed by an expert qualified as an examiner of genetic markers
2present on the cells and of the specific body material to be used for the tests, as
3appointed by the court. A report completed and certified by the court-appointed
4expert stating genetic test results and the statistical probability that the
man alleged
5to be the juvenile's father parent is the juvenile's biological
father parent based upon
6the genetic tests is admissible as evidence without expert testimony and may be
7entered into the record at any hearing. The court, upon request by a party, may order
8that independent tests be performed by other experts qualified as examiners of
9genetic markers present on the cells of the specific body materials to be used for the
10tests.
AB1000,141,1511
4. If the genetic tests show that an alleged
father parent is not excluded and
12that the statistical probability that the alleged
father parent is the juvenile's
13biological
father parent is 99.0 percent or higher, the court may determine that for
14purposes of a proceeding under this chapter or ch. 48, other than a proceeding under
15subch. VIII of ch. 48, the
man alleged parent is the juvenile's biological parent.
AB1000,330
16Section
330. 938.299 (7) and (8) of the statutes are amended to read:
AB1000,141,2517
938.299
(7) Establishment of
paternity parentage when no man person
18alleges paternity parentage. If a
man person who has been given notice under s.
19938.27 (3) (b) 1. appears at any hearing for which
he the person received the notice
20but does not allege
that he is the father to be the parent of the juvenile and
state that
21he wishes to establish the
paternity parentage of the juvenile or if no
man person to
22whom such notice was given appears at a hearing, the court may refer the matter to
23the state or to the attorney responsible for support enforcement under s. 59.53 (6) (a)
24for a determination, under s. 767.80, of whether an action should be brought for the
25purpose of determining the
paternity parentage of the juvenile.
AB1000,142,6
1(8) Testimony of
juvenile's mother person who gave birth to a juvenile
2relating to paternity parentage. As part of the proceedings under this chapter, the
3court may order that a record be made of any testimony of the
juvenile's mother 4person who gave birth to the juvenile relating to the juvenile's
paternity parentage.
5A record made under this subsection is admissible in a proceeding to determine the
6juvenile's
paternity parentage under
subch. IX of ch. 767.
AB1000,331
7Section
331. 938.355 (4g) (a) 1. of the statutes is amended to read:
AB1000,142,148
938.355
(4g) (a) 1. The juvenile's parents are parties to a pending action for
9divorce, annulment, or legal separation, a
man
person determined under s. 938.299
10(6) (e) 4. to be the biological
father parent of the juvenile for purposes of a proceeding
11under this chapter is a party to a pending action to determine
paternity parentage 12of the juvenile under ch. 767, or the juvenile is the subject of a pending independent
13action under s. 767.41 or 767.43 to determine legal custody of the juvenile or
14visitation rights with respect to the juvenile.
AB1000,332
15Section
332. 939.24 (1) of the statutes is amended to read:
AB1000,142,2216
939.24
(1) In this section, “criminal recklessness" means that the actor creates
17an unreasonable and substantial risk of death or great bodily harm to another
18human being and the actor is aware of that risk, except that for purposes of ss. 940.02
19(1m), 940.06 (2) and 940.23 (1) (b) and (2) (b), “criminal recklessness" means that the
20actor creates an unreasonable and substantial risk of death or great bodily harm to
21an unborn child, to the
woman person who is pregnant with that unborn child
, or to
22another and the actor is aware of that risk.
AB1000,333
23Section
333. 939.25 (1) of the statutes is amended to read:
AB1000,143,624
939.25
(1) In this section, “criminal negligence" means ordinary negligence to
25a high degree, consisting of conduct that the actor should realize creates a
1substantial and unreasonable risk of death or great bodily harm to another, except
2that for purposes of ss. 940.08 (2), 940.10 (2) and 940.24 (2), “criminal negligence"
3means ordinary negligence to a high degree, consisting of conduct that the actor
4should realize creates a substantial and unreasonable risk of death or great bodily
5harm to an unborn child, to the
woman person who is pregnant with that unborn
6child
, or to another.
AB1000,334
7Section
334. 940.01 (1) (b) of the statutes is amended to read:
AB1000,143,108
940.01
(1) (b) Except as provided in sub. (2), whoever causes the death of an
9unborn child with intent to kill that unborn child, kill the
woman person who is
10pregnant with that unborn child
, or kill another is guilty of a Class A felony.
AB1000,335
11Section
335. 940.02 (1m) of the statutes is amended to read:
AB1000,143,1512
940.02
(1m) Whoever recklessly causes the death of an unborn child under
13circumstances that show utter disregard for the life of that unborn child, the
woman 14person who is pregnant with that unborn child
, or another is guilty of a Class B
15felony.
AB1000,336
16Section
336. 940.05 (2g) (intro.) of the statutes is amended to read:
AB1000,143,1917
940.05
(2g) (intro.) Whoever causes the death of an unborn child with intent
18to kill that unborn child, kill the
woman person who is pregnant with that unborn
19child or kill another is guilty of a Class B felony if:
AB1000,337
20Section
337. 940.05 (2h) of the statutes is amended to read:
AB1000,143,2321
940.05
(2h) In prosecutions under sub. (2g), it is sufficient to allege and prove
22that the defendant caused the death of an unborn child with intent to kill that unborn
23child, kill the
woman person who is pregnant with that unborn child
, or kill another.
AB1000,338
24Section
338. 940.195 (1) of the statutes is amended to read:
AB1000,144,3
1940.195
(1) Whoever causes bodily harm to an unborn child by an act done with
2intent to cause bodily harm to that unborn child, to the
woman person who is
3pregnant with that unborn child
, or another is guilty of a Class A misdemeanor.
AB1000,339
4Section
339. 940.195 (2) of the statutes is amended to read:
AB1000,144,75
940.195
(2) Whoever causes substantial bodily harm to an unborn child by an
6act done with intent to cause bodily harm to that unborn child, to the
woman person 7who is pregnant with that unborn child
, or another is guilty of a Class I felony.
AB1000,340
8Section
340. 940.195 (4) of the statutes is amended to read:
AB1000,144,119
940.195
(4) Whoever causes great bodily harm to an unborn child by an act
10done with intent to cause bodily harm to that unborn child, to the
woman person who
11is pregnant with that unborn child
, or another is guilty of a Class H felony.
AB1000,341
12Section
341. 940.195 (5) of the statutes is amended to read:
AB1000,144,1613
940.195
(5) Whoever causes great bodily harm to an unborn child by an act
14done with intent to cause great bodily harm to that unborn child, to the
woman 15person who is pregnant with that unborn child
, or another is guilty of a Class E
16felony.
AB1000,342
17Section
342. 940.23 (1) (b) of the statutes is amended to read:
AB1000,144,2118
940.23
(1) (b) Whoever recklessly causes great bodily harm to an unborn child
19under circumstances that show utter disregard for the life of that unborn child, the
20woman person who is pregnant with that unborn child
, or another is guilty of a Class
21D felony.
AB1000,343
22Section
343. 943.20 (2) (c) of the statutes is amended to read:
AB1000,144,2523
943.20
(2) (c) “Property of another" includes property in which the actor is a
24co-owner and property of a partnership of which the actor is a member, unless the
25actor and the victim are
husband and wife married to each other.
AB1000,344
1Section
344. 943.201 (1) (b) 8. of the statutes is amended to read:
AB1000,145,32
943.201
(1) (b) 8. The
maiden name surname of an individual's
mother parent
3before marriage if the surname was changed as a result of marriage.
AB1000,345
4Section
345. 943.205 (2) (b) of the statutes is amended to read:
AB1000,145,75
943.205
(2) (b) “Owner" includes a co-owner of the person charged and a
6partnership of which the person charged is a member, unless the person charged and
7the victim are
husband and wife married to each other.
AB1000,346
8Section
346. 944.17 (3) of the statutes is amended to read:
AB1000,145,109
944.17
(3) Subsection (2) does not apply to a
mother's breast-feeding person's
10breastfeeding of
her that person's child.
AB1000,347
11Section
347. 944.20 (2) of the statutes is amended to read:
AB1000,145,1312
944.20
(2) Subsection (1) does not apply to a
mother's breast-feeding person's
13breastfeeding of
her that person's child.
AB1000,348
14Section
348. 948.10 (2) (b) of the statutes is amended to read:
AB1000,145,1615
948.10
(2) (b) A
mother's breast-feeding person's breastfeeding of
her that
16person's child.
AB1000,349
17Section
349. 948.31 (2) of the statutes is amended to read:
AB1000,145,2518
948.31
(2) Whoever causes a child to leave, takes a child away or withholds a
19child for more than 12 hours from the child's parents or, in the case of a nonmarital
20child whose parents do not subsequently intermarry under s. 767.803, from
the 21child's mother or, if he has been granted legal custody, the child's father a parent with
22legal custody of the child, without the consent of the parents
, the mother or the father 23or the parent with legal custody, is guilty of a Class I felony. This subsection is not
24applicable if legal custody has been granted by court order to the person taking or
25withholding the child.
AB1000,350
1Section
350. 990.01 (19j) (b) of the statutes is amended to read:
AB1000,146,82
990.01
(19j) (b) “Live birth" means the complete expulsion or extraction from
3his or her mother an individual, of a human being, at any stage of development, who,
4after the expulsion or extraction, breathes or has a beating heart, pulsation of the
5umbilical cord, or definite movement of voluntary muscles, regardless of whether the
6umbilical cord has been cut, and regardless of whether the expulsion or extraction
7occurs as a result of natural or induced labor, a cesarean section, or an abortion, as
8defined in s. 253.10 (2) (a).
AB1000,351
9Section
351. 990.01 (22h) of the statutes is created to read:
AB1000,146,1210
990.01
(22h) Natural parent. “Natural parent" means a parent of a child who
11is not an adoptive parent, whether the parent is biologically related to the child or
12not.
AB1000,352
13Section
352. 990.01 (39) of the statutes is created to read:
AB1000,146,1514
990.01
(39) Spouses. “Spouses" means 2 individuals of the same sex or different
15sexes who are legally married to each other.
AB1000,353
16Section
353. 990.01 (40m) of the statutes is created to read:
AB1000,146,1817
990.01
(40m) Stepparent. “Stepparent" means a person who is the spouse of
18a child's parent and who is not also a parent of the child.
AB1000,354
19Section
354.
Nonstatutory provisions.
AB1000,146,2020
(1)
Terminology changes.
AB1000,148,421
(a) In the statutes indicated, replace “paternity” with “parentage”: ss. 13.63 (1)
22(b), 13.64 (2), 29.024 (2g) (d) 1., 29.229 (5m) (c), 45.01 (4), 46.03 (7) (bm), 48.235 (4)
23(a) 7m. and (4m) (a) 7m., 48.299 (6) (a), (d), and (e) 5., 48.355 (4g) (a) (intro.) and (d)
241., 48.396 (2) (dm), 48.40 (1r), 48.42 (2) (b) (intro.) and (bm) (intro.) and (4) (b) 2.,
2548.422 (6) (c), 48.423 (title), 48.46 (1m), 48.48 (11), 48.715 (6), 48.837 (4) (e), 48.91 (2),
149.141 (1) (i) 2., 49.145 (2) (f) 1. a., 49.19 (4) (h) 1. a., 49.22 (title), (1), (7), and (7g) (a),
249.463 (3) (title) and (b) 1. b. and 2. (intro.) and b. and (6), 49.48 (3), 49.79 (6q) (title)
3and (b) 1. b. and 2. (intro.) and b. and (6u) (title) and (a) 1., 49.83, 49.855 (6), 49.857
4(1) (f), 49.90 (2r) and (11), 59.40 (2) (p), 59.53 (5) (title) and (a), 69.15 (3) (d) and (3m)
5(a) (intro.), 93.135 (3), 102.17 (1) (cm), 103.275 (2) (bm), 103.34 (10) (b), 103.91 (4) (b),
6103.92 (6), 104.07 (5), 105.13 (2), 115.315, 118.19 (1r) (b), 138.09 (3) (am) 3. and (4)
7(b), 138.12 (4) (b) 6. and (5) (am) 1. c. and 2., 138.14 (5) (b) 3. and (9) (b), 165.85 (3)
8(cm) and (3m) (a), 169.34 (3) (a), 170.12 (8) (b) 1. c. and 2., 202.021 (4) (a) 7., 202.06
9(2) (e), 217.06 (6), 217.09 (1m), 218.0116 (1g) (a) and (1m) (a) 3. and (b), 218.02 (3) (e),
10(6) (b), and (9) (a) 2., 218.04 (4) (am) 3. and (5) (am), 218.05 (4) (c) 3., (11) (c), and (12)
11(am), 218.11 (6m) (a), 218.12 (3m) (a), 218.22 (3m) (a), 218.32 (3m) (a), 218.41 (3m)
12(a), 218.51 (4m) (a), 224.72 (7m) (c), 224.725 (6) (c), 224.77 (2m) (c), 224.95 (1) (c),
13250.041 (3), 256.17 (3), 299.08 (2), 341.51 (4m) (a), 343.345, 343.66 (2), 440.13 (2) (a)
14and (b), 551.412 (4g) (a) 3. and (b), 562.05 (5) (a) 9. and (8) (d), 563.28 (1), 628.097
15(1m), 628.10 (2) (c), 632.69 (2) (d) 1. and (4) (c), 633.14 (2m) (a), 633.15 (2) (c), 751.15
16(3), 757.675 (2) (g), 757.69 (1) (p) 3., 767.001 (1) (L), 767.01 (2), 767.041 (1) (b), 767.205
17(2) (a) (intro.) and 1. and (b) 2., 767.215 (5) (am), 767.35 (6) and (7), 767.401 (1) (b)
18and (2) (a) and (b), 767.407 (1) (c) and (d) and (4), 767.41 (1) (b) and (1m) (intro.),
19767.511 (1) (intro.), 767.513 (2), 767.521 (intro.), 767.77 (1), 767.80 (title) and (1)
20(intro.), 767.805 (title), (1), (1m), (2) (a), (3) (title) and (a), (4) (intro.), (5) (a), and (6)
21(a) (intro.), (b), and (c), 767.814, 767.815 (intro.), 767.82 (title), (1) (a), (2), (5), (6), and
22(8), 767.83 (2) and (3), 767.84 (title), 767.853 (intro.), (1) (intro.), (2), and (3) (a),
23767.863 (1) and (3), 767.865 (2), 767.87 (title), (1) (intro.) and (f), (2m), (4) (a), and (8),
24767.88 (title), (1), and (2) (intro.), 767.89 (title), (1), (3) (intro.) and (a), (3m) (a) and
25(b), and (4) (a) 1. c., 769.316 (10), 769.401 (2) (b) and (f), 803.01 (3) (b) 1., 814.61 (1)
1(c) 1. and (7) (c), 818.02 (6), 818.05, 822.02 (4), 852.05 (4), 885.06 (1) and (2), 885.10,
2891.39 (1) (b), 893.88, 895.01 (1) (am) 1., 895.4803, 905.04 (4) (g), 938.235 (4) (a) 7m.,
3938.299 (6) (a), (d), and (e) 5., 938.355 (4g) (a) (intro.) and (d) 1., 938.396 (2g) (g),
4948.22 (7) (b) 2. and (bm), 948.31 (1) (a) 1., 977.05 (4) (i) 7., and 977.08 (2) (h).
AB1000,148,105
(b) In the statutes indicated, replace “father,” “fathers," or “father's" with
6“parent,” “parents," or “parent's": ss. 48.025 (5) (a) (intro.), 48.42 (2) (b) 3. and (bm)
72., (2m) (a), and (4) (b) 3., 48.422 (6) (b), 48.432 (1) (am) 2. a., 48.837 (4) (e), 48.91 (2),
848.913 (1) (h), (4), and (7), 49.90 (11), 767.83 (2m), 767.84 (1) (b) 3. and (1m), 767.893
9(2) (a) and (b) (intro.), (2m) (c), and (3) (intro.), 769.201 (1m) (gm), and 769.401 (2) (c),
10(d), and (e).
AB1000,149,1311
(c) In the statutes indicated, replace “mother,” “mothers,” or “mother's” with
12“parent,” “parents,” or “parent's”: ss. 48.01 (1) (a), (am), (ap), (bm), (br), and (h), 48.02
13(1) (am) and (17m), 48.06 (1) (a) 3., 48.067 (1), (2), (3), (4), and (8), 48.069 (1) (a) and
14(c), 48.07 (4), 48.08 (1) and (3), 48.133, 48.135 (title), (1), and (2), 48.14 (5), 48.15,
1548.185 (1) (a) and (b), subch. IV (title) of ch. 48, 48.19 (1) (d) 8., 48.193 (title), (1)
16(intro.) and (d) 1., 2., and 3., and (2), 48.20 (4m), 48.203 (title), (1), (2), (3), (6) (b) and
17(c), and (7), 48.205 (title) and (2), 48.207 (title), (1m) (intro.), (a), (c), (d), and (e), and
18(2) (b), 48.21 (3) (title), (ag), and (b) and (7), 48.213 (title), (1) (a), (2), (3), (4), (4m),
19and (5), 48.217 (title), (1) (a), (b) 1. b., and (c) 3., (2) (a), and (2m) (a) and (b) 2., 48.23
20(2m) (title), (a), and (c) and (4) (b), 48.235 (3) (b) 1. and (4m) (a) 3m., 48.24 (1m), (2)
21(a), (2m) (a) 6., and (5), 48.243 (1) (intro.), (3), and (4), 48.245 (1) (c) and (2) (a) 1., 2.,
223., and 4. and (c), 48.25 (1), 48.255 (1m) (intro.), (b), (bm), (c), and (e), 48.263 (1), 48.27
23(1), (3) (a) 1., (4) (b) 1., and (8), 48.275 (1) and (2) (a), (b), (c), and (cg) (intro.), 48.29
24(1), 48.293 (2), 48.295 (1c), (1g), (2), and (3), 48.297 (4) and (5), 48.299 (1) (b) and (4)
25(b), 48.30 (1), (3), (6) (a), (7), and (8) (a) and (c), 48.305, 48.31 (2), (4), and (7) (a), 48.315
1(1) (a) and (f), 48.32 (1) (am), (2) (a) and (c), (3), (5) (intro.), and (6), 48.33 (1) (a), (b),
2(c), (d), and (f), 48.345 (3) (cm), 48.347 (1), (2), (3) (intro.) and (a), (4) (a), and (5) (a)
3and (b), 48.35 (1) (b) (intro.) and 1., 48.355 (2) (a), (b) 1., 1m., and 7., and (d), (2m),
4(5), and (7), 48.356 (2), 48.357 (title), (1) (a) and (am) 1. b. and 2. c., (2) (a) 1. and (b)
51. and 2., and (2m) (a) 1. and (b) 2., 48.36 (2), 48.361 (2) (b) 1m. and (c), 48.362 (4) (a)
6and (c), 48.363 (1) (a) and (b), 48.365 (1m), (2), (2g) (a), (2m) (b), and (5) (a), 48.375
7(2) (c), 48.396 (1), (1b), (1d), (2) (aj) and (ap), and (5) (b), (c), and (e), 48.415 (2) (a) 2.
8a. and b., 48.45 (1) (am) and (b) and (1r), 48.46 (1), 48.48 (1) and (17) (a) 1., 2., and
93., 48.52 (title), (1m) (intro) and (c), and (2) (a), 48.547 (1) and (3) (intro.), 48.57 (1)
10(a), (b), (c), and (g), 48.59 (1) and (2), 48.625 (1m), 48.63 (5) (b), 48.647 (1) (ag) (intro.),
1148.78 (2) (aj) and (ap), 48.981 (3) (b) 2m., (bm) (intro.) and 2., (c) 2m. a. and b., 3., 5.,
126m., and 7., and (d) 1., (4) (a) 4., and (7) (a) 3m., 4., and 5., 301.01 (2) (cm), and 938.34
13(3) (cm).
AB1000,150,614
(2)
Legislative intent. The legislature intends this act to harmonize the
15language of the Wisconsin statutes relating to marriage and the determination of
16parentage with the provision of s. 990.001 (2), which specifies that words importing
17one gender extend and may be applied to any gender. The legislature intends that
18by amending the statutes relating to marriage and the determination of parentage
19with respect to married couples to use gender-neutral language where appropriate
20so as to clarify that the same statutory rights and responsibilities apply between
21married persons of the same sex as between married persons of different sexes and
22to extend some of the presumptions of parentage to either parent, the Wisconsin
23statutes will be better aligned with the holding of the U.S. Supreme Court in
24Obergefell v. Hodges, 135 S. Ct. 2584, 192 L. Ed. 2d 609 (2015), which recognizes that
25same-sex couples have a fundamental constitutional right to marriage. To the
1extent language remains in Wisconsin law referring to one gender after the effective
2date of this subsection, the rule of construction regarding gender under s. 990.001
3(2) remains applicable, and it is not the intent of the legislature, except to the extent
4necessary to conform to the requirements of federal law, to narrow to one gender the
5construction of any provision for which an application to any gender would be
6appropriate.