SB77, s. 5052 Section 5052. 767.458 (2) of the statutes is amended to read:

SB77,1873,2 767.458 (2) At the first appearance, if it appears from a sufficient petition or affidavit of the child's mother that there is probable cause to believe that any of the males named has had sexual intercourse with the mother during a possible time of the child's conception, the court may, or upon the request of any party shall, order any of the named persons to submit to genetic tests. The tests shall be conducted in accordance with s. 767.48. The court is not required to order a person who has undergone a genetic test under s. 49.225 to submit to another genetic test under this subsection unless a party requests additional tests under s. 767.48 (2).

SB77, s. 5053 Section 5053 . 767.458 (2) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

SB77,1873,13 767.458 (2) At the first appearance, if it appears from a sufficient petition or affidavit of the child's mother or an alleged father, or from sworn testimony of the child's mother or an alleged father, that there is probable cause to believe that any of the males named has had sexual intercourse with the mother during a possible time of the child's conception, the court may, or upon the request of any party shall, order any of the named persons to submit to genetic tests. The tests shall be conducted in accordance with s. 767.48. The court is not required to order a person who has undergone a genetic test under s. 49.225 to submit to another genetic test under this subsection unless a party requests additional tests under s. 767.48 (2).

SB77, s. 5054 Section 5054. 767.458 (3) of the statutes is amended to read:

SB77,1873,19 767.458 (3) At the first appearance, if a statement acknowledging paternity under s. 69.15 (3) (b) 1. or 3. that was signed and filed before January 1, 1998, is on file, the court may enter an order for child support, legal custody or physical placement and, if the respondent who filed the statement does not dispute his paternity, may enter a judgment of paternity.

SB77, s. 5055 Section 5055. 767.465 (1m) of the statutes is created to read:

SB77,1874,2 767.465 (1m) Judgment when mother fails to appear. Notwithstanding sub. (1), a court may enter an order adjudicating the alleged father, or man alleging that he is the father, to be the father of the child under s. 767.51 if the mother of the child fails to appear at the first appearance, unless the first appearance is not required under s. 767.457 (2), scheduled genetic test, pretrial hearing or trial if sufficient evidence exists to establish the man as the father of the child.

SB77, s. 5056 Section 5056. 767.465 (2) (a) of the statutes is amended to read:

SB77,1874,14 767.465 (2) (a) Except as provided in sub. (2m), if a respondent is the alleged father and fails to appear at the first appearance, unless the first appearance is not required under s. 767.457 (2), scheduled court-ordered genetic test, pretrial hearing or trial, the court shall enter an order adjudicating the respondent to be the father and appropriate orders for support, legal custody and physical placement. The orders shall be either served on the respondent or mailed by regular, registered or certified mail, to the last-known address of the respondent. The orders shall take effect 30 days after service or 30 days after the date on which the orders were mailed unless, within that time, the respondent presents to the court or court commissioner under s. 757.69 (3) (g) evidence of good cause for failure to appear or failure to have undergone a court-ordered genetic test.

SB77, s. 5057 Section 5057. 767.466 (intro.) of the statutes is amended to read:

SB77,1874,20 767.466 Motion to reopen judgment based on statement acknowledging paternity. (intro.) A judgment which adjudicates a person to be the father of a child and which was based upon a statement acknowledging paternity that was signed and filed before January 1, 1998, may, if no trial was conducted, be reopened under any of the following circumstances:

SB77, s. 5058 Section 5058. 767.47 (1) (c) of the statutes is amended to read:

SB77,1874,22 767.47 (1) (c) Genetic test results under ss. 49.225, 767.48 or 885.23.

SB77, s. 5059 Section 5059. 767.47 (3) of the statutes is amended to read:

SB77,1875,4 767.47 (3) In Except as provided in s. 767.48 (4), in an action against an alleged father, evidence offered by him with respect to an identified man who is not subject to the jurisdiction of the court concerning that man's sexual intercourse with the mother at or about the presumptive time of conception of the child is admissible in evidence only after the alleged father has undergone genetic tests and made the results available to the court genetic tests as provided in s. 767.48.

SB77, s. 5060 Section 5060. 767.47 (8) of the statutes is amended to read:

SB77,1875,9 767.47 (8) The party bringing an action for the purpose of determining paternity or for the purpose of declaring the nonexistence of paternity presumed under s. 891.405 or 891.41 (1) shall have the burden of proving the issues involved by clear and satisfactory preponderance of the evidence.

SB77, s. 5061 Section 5061. 767.47 (11) of the statutes is created to read:

SB77,1875,13 767.47 (11) Bills for services or articles related to the pregnancy, childbirth or genetic testing may be admitted into evidence and are prima facie evidence of the costs incurred for such services or articles.

SB77, s. 5062 Section 5062. 767.475 (2) of the statutes is amended to read:

SB77,1875,16 767.475 (2) Presumption of paternity shall be as provided in ss. 891.39, 891.405 and 891.41 (1).

SB77, s. 5063 Section 5063. 767.477 of the statutes is created to read:

SB77,1875,24 767.477 Temporary orders. (1) At any time during the pendency of an action to establish the paternity of a child, if genetic tests show that the alleged father is not excluded and that the statistical probability of the alleged father's parentage is 99.0% or higher, on the motion of a party, the court shall make an appropriate temporary order for the payment of child support and may make a temporary order assigning responsibility for and directing the manner of payment of the child's health care expenses.

SB77,1876,6 (2) Before making any temporary order under sub. (1), the court shall consider those factors that the court is required under s. 767.51 to consider when granting a final judgment on the same subject matter. If the court makes a temporary child support order that deviates from the amount of support that would be required by using the percentage standard established by the department under s. 49.22 (9), the court shall comply with the requirements of s. 767.51 (5d).

SB77, s. 5064 Section 5064. 767.48 (1) (a) of the statutes is amended to read:

SB77,1876,18 767.48 (1) (a) The court may, and upon request of a party shall, require the child, mother, any male for whom there is probable cause to believe that he had sexual intercourse with the mother during a possible time of the child's conception, or any male witness who testifies or will testify about his sexual relations with the mother at a possible time of conception to submit to genetic tests. Probable cause of sexual intercourse during a possible time of conception may be established by a sufficient petition or affidavit of the child's mother filed with the court, or after an examination under oath of a complainant or witness, when the court determines such an examination is necessary. The court is not required to order a person who has undergone a genetic test under s. 49.225 to submit to another test under this paragraph unless a party requests additional tests under sub. (2).

SB77, s. 5065 Section 5065 . 767.48 (1) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

SB77,1877,6 767.48 (1) (a) The court may, and upon request of a party shall, require the child, mother, any male for whom there is probable cause to believe that he had sexual intercourse with the mother during a possible time of the child's conception, or any male witness who testifies or will testify about his sexual relations with the mother at a possible time of conception to submit to genetic tests. Probable cause of sexual intercourse during a possible time of conception may be established by a sufficient petition or affidavit of the child's mother or an alleged father, filed with the court, or after an examination under oath of a complainant party or witness, when the court determines such an examination is necessary. The court is not required to order a person who has undergone a genetic test under s. 49.225 to submit to another test under this paragraph unless a party requests additional tests under sub. (2).