Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1229 Compare Versions

Only one version of the bill is available at this time.

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1	1	LRB-2672/1
2	2	SWB&CMH:skw&emw
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 1229
5	5	April 11, 2024 - Introduced by Representatives J. ANDERSON, CONLEY, C. ANDERSON,
6	6	ANDRACA, BARE, CLANCY, CONSIDINE, DOYLE, EMERSON, HONG, JACOBSON, JOERS,
7	7	MADISON, MOORE OMOKUNDE, NEUBAUER, OHNSTAD, PALMERI, RATCLIFF,
8	8	SHANKLAND, SHELTON, SINICKI, SNODGRASS and SUBECK, cosponsored by
9	9	Senators SPREITZER, SMITH, AGARD and LARSON. Referred to Committee on
10	10	Family Law.
11	11	*AUTHORS SUBJECT TO CHANGE*
12	12	AN ACT to repeal 765.02 (2); to renumber 765.02 (1); to amend 48.14 (6), 765.11
13	13	(1), 765.30 (2) (a), 767.313 (1) (c), 948.09 and 948.093; and to create 767.185
14	14	of the statutes; relating to: the age for marriage and eliminating spousal
15	15	exceptions for certain sex crimes against children.
16	16	Analysis by the Legislative Reference Bureau
17	17	This bill eliminates an existing exception to the marriageable age for certain
18	18	minors between the ages of 16 and 18 and, accordingly, establishes that all persons
19	19	must be 18 years of age or older in order to marry.
20	20	Under current law, a person who is at least 16 years old, but under 18 years old,
21	21	may obtain a marriage license if the person provides the county clerk with written
22	22	consent from the person's parents, guardian, custodian, or parent having the actual
23	23	care, custody, and control of the person. The required written consent must meet
24	24	certain formal requirements for verification and must be filed with the county clerk
25	25	at the time the person files an application for a marriage license. In certain limited
26	26	circumstances, a court may provide the required written consent. The bill eliminates
27	27	any exception to the general requirement that a person must be 18 years of age or
28	28	older in order to marry.
29	29	Under current law, a person who is at least 19 years old who has sexual
30	30	intercourse with a child who is at least 16 years old is guilty of a Class A
31	31	misdemeanor, unless the child is the person's spouse. Current law also provides that
32	32	a person who is under 19 who has sexual contact with a child who is 15 years old or
33	33	who has sexual intercourse with a child who is at least 15 is guilty of a Class A
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39	39	ASSEMBLY BILL 1229
40	40	misdemeanor unless the person is the child's spouse. The bill eliminates these
41	41	spousal exceptions unless the person was a child when the marriage occurred.
42	42	Current law provides that a court may annul a marriage on certain grounds,
43	43	including if a party was 16 or 17 years of age and did not have the consent of a parent
44	44	or guardian or judicial approval or if the party was under 16 years of age. In those
45	45	circumstances, current law allows the underaged person or a parent or guardian to
46	46	bring suit at any time before the underaged person turns 18 but requires that the
47	47	parent or guardian bring suit within one year of obtaining knowledge of the
48	48	marriage. Under the bill, a person who was under the age of 18 at the time of the
49	49	marriage may bring suit for annulment within 10 years of the marriage. The bill also
50	50	allows a parent or guardian to bring suit for annulment at any time prior to the
51	51	underaged party turning 18 and eliminates the requirement that such a suit be
52	52	brought within one year of obtaining knowledge of the marriage.
53	53	Finally, the bill expressly provides that a married minor may file an action for
54	54	divorce or legal separation.
55	55	The people of the state of Wisconsin, represented in senate and assembly, do
56	56	enact as follows:
57	57	SECTION 1. 48.14 (6) of the statutes is amended to read:
58	58	48.14 (6) Consent to marry under s. 765.02, 2021 stats.
59	59	SECTION 2. 765.02 (1) of the statutes is renumbered 765.02.
60	60	SECTION 3. 765.02 (2) of the statutes is repealed.
61	61	SECTION 4. 765.11 (1) of the statutes is amended to read:
62	62	765.11 (1) If any parent, grandparent, child, or natural guardian of a minor
63	63	applicant for a marriage license, any brother, sister, or guardian of either of the
64	64	applicants for a marriage license, either of the applicants, the district attorney, or a
65	65	circuit court commissioner believes that the statements of the application are false
66	66	or insufficient, or that an applicant is adjudicated incompetent without the right to
67	67	marry, that person may file with the court having probate jurisdiction in the county
68	68	in which the marriage license is applied for, a petition under oath, setting forth the
69	69	grounds of objection to the marriage, and asking for an order requiring the parties
70	70	making the application to show cause why the marriage license should not be
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87	87	SECTION 4
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89	89	refused. Whereupon, the court, if satisfied that the grounds of objection are prima
90	90	facie valid, shall issue an order to show cause as aforesaid, returnable as the court
91	91	directs, but not more than 14 days after the date of the order, which shall be served
92	92	forthwith upon the applicants for the marriage license residing in the state, and upon
93	93	the clerk before whom the application has been made, and shall operate as a stay
94	94	upon the issuance of the marriage license until further ordered; if either or both of
95	95	the applicants are nonresidents of the state the order shall be served immediately
96	96	upon the nonresident by publication of a class 1 notice, under ch. 985, in the county
97	97	in which the application is pending, and by mailing a copy thereof to the nonresident
98	98	at the address contained in the application.
99	99	SECTION 5. 765.30 (2) (a) of the statutes is amended to read:
100	100	765.30 (2) (a) Penalty for false statement. Any person who in any affidavit or
101	101	statement made under s. 765.02 (2), 765.09 or 765.11, willfully and falsely swears,
102	102	or who procures another to swear falsely in regard to any material fact relating to
103	103	the competency of either or both of the parties applying for a marriage license, or as
104	104	to the ages of such parties, if minors, or who falsely pretends to be the parent or
105	105	guardian having authority to give consent to the marriage of such minor.
106	106	SECTION 6. 767.185 of the statutes is created to read:
107	107	767.185 Action for divorce or legal separation by minor. A person who
108	108	is under the age of 18 and who is married may file an action for divorce or legal
109	109	separation.
110	110	SECTION 7. 767.313 (1) (c) of the statutes is amended to read:
111	111	767.313 (1) (c) A party was 16 or 17 years of age and did not have the consent
112	112	of his or her parent or guardian or judicial approval, or a party was under 16 18 years
113	113	of age. Suit may be brought by the underaged party or within 10 years of the
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139	139	SWB&CMH:skw&emw
140	140	SECTION 7 ASSEMBLY BILL 1229
141	141	marriage or by a parent or guardian at any time prior to the party's attaining the age
142	142	of 18 years, but a parent or guardian must bring suit within one year of obtaining
143	143	knowledge of the marriage.
144	144	SECTION 8. 948.09 of the statutes is amended to read:
145	145	948.09 Sexual intercourse with a child age 16 or older. Whoever has
146	146	sexual intercourse with a child who is not the defendant's spouse and who has
147	147	attained the age of 16 years is guilty of a Class A misdemeanor if the defendant has
148	148	attained the age of 19 years when the violation occurs. This section does not apply
149	149	if the child is the defendant's spouse and the defendant was a child when the
150	150	marriage occurred.
151	151	SECTION 9. 948.093 of the statutes is amended to read:
152	152	948.093 Underage sexual activity. Whoever has sexual contact with a child
153	153	who has attained the age of 15 years but has not attained the age of 16 years, or
154	154	whoever has sexual intercourse with a child who has attained the age of 15 years, is
155	155	guilty of a Class A misdemeanor if the actor has not attained the age of 19 years when
156	156	the violation occurs. This section does not apply if the actor is the child's spouse and
157	157	the actor was a child when the marriage occurred.
158	158	SECTION 10.0Initial applicability.
159	159	(1) The treatment of ss. 948.09 and 948.093 first applies to an action that occurs
160	160	on the effective date of this subsection.
161	161	(2) The treatment of s. 767.313 (1) (c) first applies to an action for annulment
162	162	filed on the effective date of this subsection.
163	163	(END)
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