SB70: Bill Text

SB70,1684,17 891.41 (1) (b) (intro.) He The person and the child's established natural mother parent were married to each other after the child was born but he the person and the child's established natural mother parent had a relationship with one another during the period of time within which the child was conceived and no other man all of the following apply:

SB70,1684,18 1. No person has been adjudicated to be the father or.

SB70,1684,20 2. No other person is presumed to be the father parent of the child under par. (a).

SB70,3226 Section 3226 . 891.41 (2) of the statutes is amended to read:

SB70,1685,3 891.41 (2) In a legal action or proceeding, a presumption under sub. (1) is rebutted by results of a genetic test, as defined in s. 767.001 (1m), that show that a man person other than the man person presumed to be the father parent under sub. (1) is not excluded as the father of the child and that the statistical probability of the man's person's parentage is 99.0 percent or higher, even if the man person presumed to be the father natural parent under sub. (1) is unavailable to submit to genetic tests, as defined in s. 767.001 (1m).

SB70,3227 Section 3227 . 891.41 (3) of the statutes is created to read:

SB70,1685,6 891.41 (3) This section applies with respect to children born before, on, or after the effective date of this subsection .... [LRB inserts date].

SB70,3228 Section 3228 . Subchapter VIII (title) of chapter 893 [precedes 893.80] of the statutes is amended to read:

SB70,1685,9 CHAPTER 893

SB70,1685,13 SUBCHAPTER VIII CLAIMS AGAINST GOVERNMENTAL BODIES, OFFICERS, AND EMPLOYEES; STATUTORY CHALLENGES

SB70,3229 Section 3229 . 893.825 of the statutes is repealed.

SB70,3230 Section 3230 . 893.9815 of the statutes is created to read:

SB70,1685,18 893.9815 False claims. An action or claim under s. 20.9315 shall be commenced within 10 years after the cause of the action or claim accrues or be barred.

SB70,3231 Section 3231. 893.995 of the statutes is created to read:

SB70,1685,21 893.995 Employment discrimination; civil remedies. Any civil action arising under s. 111.397 is subject to the limitations of s. 111.397 (1) (b).

SB70,3232 Section 3232 . 895.48 (1m) (a) (intro.) of the statutes is amended to read:

SB70,1686,9 895.48 (1m) (a) (intro.) Except as provided in par. (b), any physician, naturopathic doctor, physician assistant, podiatrist, or athletic trainer licensed under ch. 448, chiropractor licensed under ch. 446, dentist or dental therapist licensed under ch. 447, emergency medical services practitioner licensed under s. 256.15, emergency medical responder certified under s. 256.15 (8), registered nurse licensed under ch. 441, or a massage therapist or bodywork therapist licensed under ch. 460 who renders voluntary health care to a participant in an athletic event or contest sponsored by a nonprofit corporation, as defined in s. 66.0129 (6) (b), a private school, as defined in s. 115.001 (3r), a tribal school, as defined in s. 115.001 (15m), a public agency, as defined in s. 46.856 (1) (b), or a school, as defined in s. 609.655 (1) (c), is immune from civil liability for his or her acts or omissions in rendering that care if all of the following conditions exist:

SB70,3233 Section 3233 . 895.48 (1m) (a) 2. of the statutes is amended to read:

SB70,1686,16 895.48 (1m) (a) 2. The physician, naturopathic doctor, podiatrist, athletic trainer, chiropractor, dentist, dental therapist, emergency medical services practitioner, as defined in s. 256.01 (5), emergency medical responder, as defined in s. 256.01 (4p), physician assistant, registered nurse, massage therapist or bodywork therapist does not receive compensation for the health care, other than reimbursement for expenses.

SB70,3234 Section 3234 . 905.05 (title) of the statutes is amended to read:

SB70,1686,18 905.05 (title) Husband-wife Spousal and domestic partner privilege.

SB70,3235 Section 3235 . 938.02 (1) of the statutes is amended to read:

SB70,1686,23 938.02 (1) “Adult" means a person who is 18 years of age or older, except that for purposes of investigating or prosecuting a person who is alleged to have violated any state or federal criminal law or any civil law or municipal ordinance, “ adult" means a person who has attained 17 years of age.

SB70,3236 Section 3236 . 938.02 (10m) of the statutes is amended to read:

SB70,1687,5 938.02 (10m) “Juvenile," when used without further qualification, means a person who is less than 18 years of age, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, “juvenile" does not include a person who has attained 17 years of age.

SB70,3237 Section 3237. 938.02 (12c) of the statutes is created to read:

SB70,1687,9 938.02 (12c) “Like-kin” means a person who has a significant emotional relationship with a child or the child's family and to whom any of the following applies:

SB70,1687,12 (a) Prior to the child's placement in out-of-home care, the person had an existing relationship with the child or the child's family that is similar to a familial relationship.

SB70,1687,16 (b) During the child's placement in out-of-home care, the person developed a relationship with the child or the child's family that is similar to a familial relationship, and the person is not and has not previously been the child's licensed foster parent.

SB70,1687,18 (c) For an Indian child, “like-kin” includes individuals identified by the child's tribe according to tribal tradition, custom or resolution, code, or law.

SB70,3238 Section 3238 . 938.02 (13) of the statutes is amended to read:

SB70,1688,14 938.02 (13) “Parent" means a biological natural parent, a husband who has consented to the artificial insemination of his wife under s. 891.40, or a parent by adoption. If the juvenile is a nonmarital child who is not adopted or whose parents do not subsequently intermarry under s. 767.803, “parent" includes a person conclusively determined from genetic test results to be the father under s. 767.804 or a person acknowledged under s. 767.805 or a substantially similar law of another state or adjudicated to be the biological father natural parent. “Parent" does not include any person whose parental rights have been terminated. For purposes of the application of s. 938.028 and the federal Indian Child Welfare Act, 25 USC 1901 to 1963, “parent" means a biological natural parent of an Indian child, an Indian husband spouse who has consented to the artificial insemination of his wife or her spouse under s. 891.40, or an Indian person who has lawfully adopted an Indian juvenile, including an adoption under tribal law or custom, and includes, in the case of a nonmarital Indian child who is not adopted or whose parents do not subsequently intermarry under s. 767.803, a person conclusively determined from genetic test results to be the father under s. 767.804, a person acknowledged under s. 767.805, a substantially similar law of another state, or tribal law or custom to be the biological father natural parent, or a person adjudicated to be the biological father natural parent, but does not include any person whose parental rights have been terminated.

SB70,3239 Section 3239. 938.02 (15) of the statutes is amended to read:

SB70,1689,2 938.02 (15) “Relative" means a parent, stepparent, brother, sister, stepbrother, stepsister, half brother, half sister, brother-in-law, sister-in-law, first cousin, 2nd cousin, first cousin once removed, nephew, niece, uncle, aunt, stepuncle, stepaunt, or any person of a preceding generation as denoted by the prefix of grand, great, or great-great, whether by blood, marriage, or legal adoption, or the spouse of any person named in this subsection, even if the marriage is terminated by death or divorce. For purposes of the application of s. 938.028 and the federal Indian Child Welfare Act, 25 USC 1901 to 1963, “relative" includes an extended family member, as defined in s. 938.028 (2) (a), whether by blood, marriage, or adoption, including adoption under tribal law or custom. For purposes of placement of a juvenile, “relative" also includes a parent of a sibling of the juvenile who has legal custody of that sibling.

SB70,3240 Section 3240. 938.028 (2) (c) of the statutes is amended to read:

SB70,1689,11 938.028 (2) (c) “Out-of-home care placement" means the removal of an Indian juvenile from the home of his or her parent or Indian custodian for temporary placement in a foster home, group home, residential care center for children and youth, or shelter care facility, in the home of a relative other than a parent, in the home of like-kin, or in the home of a guardian, from which placement the parent or Indian custodian cannot have the juvenile returned upon demand. “Out-of-home care placement" does not include an emergency change in placement under s. 938.357 (2) (b) or holding an Indian juvenile in custody under ss. 938.19 to 938.21.

SB70,3241 Section 3241 . 938.12 (2) of the statutes is amended to read:

SB70,1689,17 938.12 (2) Seventeen-year-olds Juveniles who become adults. If a petition alleging that a juvenile is delinquent is filed before the juvenile is 17 years of age becomes an adult, but the juvenile becomes 17 years of age an adult before admitting the facts of the petition at the plea hearing or, if the juvenile denies the facts, before an adjudication, the court retains jurisdiction over the case.

SB70,3242 Section 3242 . 938.18 (2) of the statutes is amended to read:

SB70,1690,2 938.18 (2) Petition. The petition for waiver of jurisdiction may be filed by the district attorney or the juvenile or may be initiated by the court and shall contain a brief statement of the facts supporting the request for waiver. The petition for waiver of jurisdiction shall be accompanied by or filed after the filing of a petition alleging delinquency and shall be filed prior to the plea hearing, except that if the juvenile denies the facts of the petition and becomes 17 years of age an adult before an adjudication, the petition for waiver of jurisdiction may be filed at any time prior to the adjudication. If the court initiates the petition for waiver of jurisdiction, the judge shall disqualify himself or herself from any future proceedings on the case.

SB70,3243 Section 3243 . 938.183 (3) of the statutes is amended to read:

SB70,1690,11 938.183 (3) Placement in state prison; parole. When Subject to s. 973.013 (3m), when a juvenile who is subject to a criminal penalty under sub. (1m) or s. 938.183 (2), 2003 stats., attains the age of 17 years becomes an adult, the department of corrections may place the juvenile in a state prison named in s. 302.01, except that that department may not place any person under the age of 18 years in the correctional institution authorized in s. 301.16 (1n). A juvenile who is subject to a criminal penalty under sub. (1m) or under s. 938.183 (2), 2003 stats., for an act committed before December 31, 1999, is eligible for parole under s. 304.06.

SB70,3244 Section 3244. 938.207 (1) (b) of the statutes is amended to read:

SB70,1690,20 938.207 (1) (b) The home of a relative or like-kin, except that a juvenile may not be held in the home of a relative if the relative person who has been convicted under s. 940.01 of the first-degree intentional homicide, or under s. 940.05 of the 2nd-degree intentional homicide, of a parent of the juvenile, and the conviction has not been reversed, set aside or vacated, unless the person making the custody decision determines by clear and convincing evidence that the placement would be in the best interests of the juvenile. The person making the custody decision shall consider the wishes of the juvenile in making that determination.

SB70,3245 Section 3245. 938.207 (1) (f) of the statutes is amended to read:

SB70,1690,25 938.207 (1) (f) The home of a person not a relative or like-kin if the person has not had a license under s. 48.62 refused, revoked, or suspended within the previous 2 years. A placement under this paragraph may not exceed 30 days, unless the placement is extended by the court for cause for an additional 30 days.

SB70,3246 Section 3246. 938.208 (1) (b) of the statutes is amended to read:

SB70,1691,6 938.208 (1) (b) Probable cause exists to believe that the juvenile possessed, used or threatened to use a handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d), short-barreled rifle, as defined in s. 941.28 (1) (b), or short-barreled shotgun, as defined in s. 941.28 (1) (c), while committing a delinquent act that would be a felony under ch. 940 if committed by an adult.

SB70,3247 Section 3247 . 938.255 (1) (intro.) of the statutes is amended to read:

SB70,1691,14 938.255 (1) Title and contents. (intro.) A petition initiating proceedings under this chapter, other than a petition initiating proceedings under s. 938.12, 938.125, or 938.13 (12), shall be entitled, “In the interest of (juvenile's name), a person under the age of 18".." A petition initiating proceedings under s. 938.12, 938.125, or 938.13 (12) shall be entitled, “In the interest of (juvenile's name), a person under the age of 17". juvenile." A petition initiating proceedings under this chapter shall specify all of the following:

SB70,3248 Section 3248. 938.33 (4) (intro.) of the statutes is amended to read:

SB70,1691,23 938.33 (4) Other out-of-home placements. (intro.) A report recommending placement in a foster home, group home, or nonsecured residential care center for children and youth, in the home of a relative other than a parent, in the home of like-kin, in the home of a guardian under s. 48.977 (2), or in a supervised independent living arrangement shall be in writing, except that the report may be presented orally at the dispositional hearing if all parties consent. A report that is presented orally shall be transcribed and made a part of the court record. The report shall include all of the following:

SB70,3249 Section 3249. 938.335 (3g) (intro.) of the statutes is amended to read:

SB70,1692,7 938.335 (3g) Reasonable efforts finding. (intro.) At hearings under this section, if the agency, as defined in s. 938.38 (1) (a), is recommending placement of the juvenile in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, in the home of like-kin, in the home of a guardian under s. 48.977 (2), or in a supervised independent living arrangement, the agency shall present as evidence specific information showing all of the following:

SB70,3250 Section 3250. 938.335 (3j) (intro.) of the statutes is amended to read:

SB70,1692,16 938.335 (3j) Indian juvenile; active efforts finding. (intro.) At hearings under this section involving an Indian juvenile who is the subject of a proceeding under s. 938.13 (4), (6), (6m), or (7), if the agency, as defined in s. 938.38 (1) (a), is recommending removal of the Indian juvenile from the home of his or her parent or Indian custodian and placement of the Indian juvenile in a foster home, group home, or residential care center for children and youth or , in the home of a relative other than a parent, or in the home of like-kin, the agency shall present as evidence specific information showing all of the following:

SB70,3251 Section 3251. 938.34 (3) (a) (intro.) of the statutes is amended to read:

SB70,1692,22 938.34 (3) (a) (intro.) The home of a parent or, other relative, or like-kin of the juvenile, except that the court may not designate any of the following as the juvenile's placement, unless the court determines by clear and convincing evidence that the placement would be in the best interests of the juvenile or, in the case of an Indian juvenile, the best interests of the Indian juvenile as described in s. 938.01 (3):

SB70,3252 Section 3252. 938.34 (3) (a) 1. of the statutes is amended to read:

SB70,1693,4 938.34 (3) (a) 1. The home of a parent or, other relative, or like-kin of the juvenile if the parent or, other relative, or like-kin has been convicted of the homicide of a parent of the juvenile under s. 940.01 or 940.05, and the conviction has not been reversed, set aside, or vacated. In determining whether a placement under this subdivision would be in the best interests of the juvenile, the court shall consider the wishes of the juvenile.

SB70,3253 Section 3253. 938.34 (3) (a) 2. of the statutes is amended to read:

SB70,1693,12 938.34 (3) (a) 2. The home of a relative other than the parent of the juvenile or the home of like-kin if the court finds that the relative or like-kin has been convicted of, has pleaded no contest to, or has had a charge dismissed or amended as a result of a plea agreement for a crime under s. 948.02 (1) or (2), 948.025, 948.03 (2) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.06, 948.07, 948.08, 948.081, 948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21, 948.215, 948.30, or 948.53, or a similar law of another state.

SB70,3254 Section 3254 . 938.34 (4m) (b) 2. of the statutes is amended to read:

SB70,1693,18 938.34 (4m) (b) 2. The juvenile has possessed, used or threatened to use a handgun, as defined in s. 175.35 (1) (b) 941.237 (1) (d), short-barreled rifle, as defined in s. 941.28 (1) (b), or short-barreled shotgun, as defined in s. 941.28 (1) (c), while committing a delinquent act that would be a felony under ch. 940 if committed by an adult.

SB70,3255 Section 3255 . 938.34 (8) of the statutes is amended to read:

SB70,1694,17 938.34 (8) Forfeiture. Impose a forfeiture based upon a determination that this disposition is in the best interest of the juvenile and the juvenile's rehabilitation. The maximum forfeiture that the court may impose under this subsection for a violation by a juvenile is the maximum amount of the fine that may be imposed on an adult for committing that violation or, if the violation is applicable only to a person under 18 years of age juveniles, $100. The order shall include a finding that the juvenile alone is financially able to pay the forfeiture and shall allow up to 12 months for payment. If the juvenile fails to pay the forfeiture, the court may vacate the forfeiture and order other alternatives under this section; or the court may suspend any license issued under ch. 29 for not less than 30 days nor more than 5 years, or suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not more than 2 years. If the court suspends any license under this subsection, the clerk of the court shall immediately take possession of the suspended license if issued under ch. 29 or, if the license is issued under ch. 343, the court may take possession of, and if possession is taken, shall destroy, the license. The court shall forward to the department which that issued the license a notice of suspension stating that the suspension is for failure to pay a forfeiture imposed by the court, together with any license issued under ch. 29 of which the court takes possession. If the forfeiture is paid during the period of suspension, the suspension shall be reduced to the time period which that has already elapsed and the court shall immediately notify the department, which shall then, if the license is issued under ch. 29, return the license to the juvenile. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.45 (1r) (b).

SB70,3256 Section 3256 . 938.341 of the statutes is amended to read:

SB70,1694,22 938.341 Delinquency adjudication; restriction on firearm possession. Whenever a court adjudicates a juvenile delinquent for an act that if committed by an adult in this state would be a felony or for a violation under s. 175.33 (2), the court shall inform the juvenile of the requirements and penalties under s. 941.29.

SB70,3257 Section 3257 . 938.343 (2) of the statutes is amended to read:

SB70,1695,15 938.343 (2) Forfeiture. Impose a forfeiture not to exceed the maximum forfeiture that may be imposed on an adult for committing that violation or, if the violation is only applicable to a person under 18 years of age juveniles, $50. The order shall include a finding that the juvenile alone is financially able to pay and shall allow up to 12 months for the payment. If a juvenile fails to pay the forfeiture, the court may suspend any license issued under ch. 29 or suspend the juvenile's operating privilege, as defined in s. 340.01 (40), for not more than 2 years. The court shall immediately take possession of the suspended license if issued under ch. 29 or, if the license is issued under ch. 343, the court may take possession of, and if possession is taken, shall destroy, the license. The court shall forward to the department which that issued the license the notice of suspension stating that the suspension is for failure to pay a forfeiture imposed by the court, together with any license issued under ch. 29 of which the court takes possession. If the forfeiture is paid during the period of suspension, the court shall immediately notify the department, which shall, if the license is issued under ch. 29, return the license to the person. Any recovery under this subsection shall be reduced by the amount recovered as a forfeiture for the same act under s. 938.45 (1r) (b).

SB70,3258 Section 3258 . 938.344 (3) of the statutes is amended to read:

SB70,1695,24 938.344 (3) Prosecution in adult court. If the juvenile alleged to have committed the violation is within 3 months of his or her 17th birthday becoming an adult, the court assigned to exercise jurisdiction under this chapter and ch. 48 may, at the request of the district attorney or on its own motion, dismiss the citation without prejudice and refer the matter to the district attorney for prosecution under s. 125.07 (4). The juvenile is entitled to a hearing only on the issue of his or her age. This subsection does not apply to violations under s. 961.573 (2), 961.574 (2), or 961.575 (2) or a local ordinance that strictly conforms to one of those statutes.

SB70,3259 Section 3259 . 938.35 (1m) of the statutes is amended to read:

SB70,1696,6 938.35 (1m) Future criminal proceedings barred. Disposition by the court assigned to exercise jurisdiction under this chapter and ch. 48 of any allegation under s. 938.12 or 938.13 (12) shall bar any future proceeding on the same matter in criminal court when the juvenile attains 17 years of age becomes an adult. This subsection does not affect proceedings in criminal court that have been transferred under s. 938.18.

SB70,3260 Section 3260. 938.355 (4) (am) (intro.) of the statutes is amended to read:

SB70,1696,14 938.355 (4) (am) (intro.) Except as provided in par. (b) or s. 938.368, an order under this section or s. 938.357 or 938.365 made before the juvenile attains 18 years of age that places or continues the placement of the juvenile in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, in the home of like-kin, or in a supervised independent living arrangement shall terminate on the latest of the following dates, unless the court specifies a shorter period or the court terminates the order sooner:

SB70,3261 Section 3261 . 938.355 (4) (b) of the statutes is amended to read:

SB70,1697,11 938.355 (4) (b) Except as provided in s. 938.368, an order under s. 938.34 (4d) or (4m) made before the juvenile attains 18 years of age may apply for up to 2 years after the date on which the order is granted or until the juvenile's 18th 19th birthday, whichever is earlier, unless the court specifies a shorter period of time or the court terminates the order sooner. If the order does not specify a termination date, it shall apply for one year after the date on which the order is granted or until the juvenile's 18th 19th birthday, whichever is earlier, unless the court terminates the order sooner. Except as provided in s. 938.368, an order under s. 938.34 (4h) made before the juvenile attains 18 years of age shall apply for 5 years after the date on which the order is granted, if the juvenile is adjudicated delinquent for committing a violation of s. 943.10 (2) or for committing an act that would be punishable as a Class B or C felony if committed by an adult, or until the juvenile reaches 25 years of age, if the juvenile is adjudicated delinquent for committing an act that would be punishable as a Class A felony if committed by an adult. Except as provided in s. 938.368, an extension of an order under s. 938.34 (4d), (4h), (4m), or (4n) made before the juvenile attains 17 years of age becomes an adult shall terminate at the end of one year after the date on which the order is granted unless the court specifies a shorter period of time or the court terminates the order sooner. No extension under s. 938.365 of an original dispositional order under s. 938.34 (4d), (4h), (4m), or (4n) may be granted for a juvenile who is 17 years of age or older when becomes an adult by the time the original dispositional order terminates.

SB70,3262 Section 3262 . 938.355 (4m) (a) of the statutes is amended to read:

SB70,1697,18 938.355 (4m) (a) A juvenile who has been adjudged delinquent under s. 48.12, 1993 stats., or s. 938.12 may, on attaining 17 years of age becoming an adult, petition the court to expunge the court's record of the juvenile's adjudication. Subject to par. (b), the court may expunge the record if the court determines that the juvenile has satisfactorily complied with the conditions of his or her dispositional order and that the juvenile will benefit from, and society will not be harmed by, the expungement.

SB70,3263 Section 3263. 938.357 (6) (a) (intro.) of the statutes is amended to read:

SB70,1698,2 938.357 (6) (a) (intro.) No change in placement may extend the expiration date of the original dispositional order, except that if the change in placement is from a placement in the juvenile's home to a placement in a foster home, group home, or residential care center for children and youth, in the home of a relative who is not a parent, in the home of like-kin, or in a supervised independent living arrangement, the court may extend the expiration date of the original dispositional order to the latest of the following dates, unless the court specifies a shorter period:

SB70,3264 Section 3264. 938.357 (6) (b) of the statutes is amended to read:

SB70,1698,11 938.357 (6) (b) If the change in placement is from a placement in a foster home, group home, or residential care center for children and youth or in the home of a relative or like-kin to a placement in the juvenile's home and if the expiration date of the original dispositional order is more than one year after the date on which the change-in-placement order is granted, the court shall shorten the expiration date of the original dispositional order to the date that is one year after the date on which the change-in-placement order is granted or to an earlier date as specified by the court.

SB70,3265 Section 3265. 938.365 (5) (b) (intro.) of the statutes is amended to read:

SB70,1698,17 938.365 (5) (b) (intro.) Except as provided in s. 938.368, an order under this section that continues the placement of a juvenile in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, in the home of like-kin, or in a supervised independent living arrangement shall be for a specified length of time not to exceed the latest of the following dates:

SB70,3266 Section 3266. 938.366 (1) (a) of the statutes is amended to read:

SB70,1698,24 938.366 (1) (a) The person is placed in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, in the home of like-kin, or in a supervised independent living arrangement under an order under s. 938.355, 938.357, or 938.365 that terminates as provided in s. 938.355 (4) (am) 1., 2., or 3., 938.357 (6) (a) 1., 2., or 3., or 938.365 (5) (b) 1., 2., or 3. on or after the person attains 18 years of age.

SB70,3267 Section 3267. 938.371 (1) (intro.) of the statutes is amended to read: