2025 - 2026 LEGISLATURE
LRB-2243/1
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2025 SENATE BILL 146
March 21, 2025 - Introduced by Senators WANGGAARD, JACQUE, FEYEN and NASS,
cosponsored by Representatives GOEBEN, B. JACOBSON, PENTERMAN,
KREIBICH, DITTRICH, ALLEN, KNODL, WICHGERS, MURPHY, BRILL, MURSAU
and BEHNKE. Referred to Committee on Judiciary and Public Safety.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 69.11 (4) (b), 69.12 (1), 69.15 (4) (b), 767.395 and 786.36 (1)
(intro.); to create 941.2915 of the statutes; relating to: prohibiting persons
who have been convicted of a violent crime from changing their name and
providing a penalty.
Analysis by the Legislative Reference Bureau
Current law prohibits a person who is registered as a sex offender with the
Department of Corrections from changing their name during the period they are
required to register. With certain exceptions, a person who violates the prohibition
is guilty of a Class H felony.
This bill prohibits a person who has been convicted of a violent crime, which is
defined in the bill and includes homicide, battery, kidnapping, stalking, human
trafficking, and sexual assault, from changing their name. A person who violates
the prohibition is guilty of a Class H felony.
Because this bill creates a new crime or revises a penalty for an existing crime,
the Joint Review Committee on Criminal Penalties may be requested to prepare a
report.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
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SECTION 1
SECTION 1. 69.11 (4) (b) of the statutes is amended to read:
69.11 (4) (b) The state registrar may amend an item on a birth record that
affects information about the name, sex, date of birth, place of birth, parent[s name,
or marital status of the mother if 365 days have elapsed since the occurrence of the
event that is the subject of the birth record, if the amendment is at the request of a
person with a direct and tangible interest in the record and is in the manner
prescribed by the state registrar, and if the amendment is accompanied by 2 items
of documentary evidence from early childhood that are sufficient to prove that the
item to be changed is in error and by the affidavit of the person requesting the
amendment. A change in the marital status on the birth record may be made under
this paragraph only if the marital status is inconsistent with information
concerning the father or husband that appears on the birth record. This paragraph
may not be used to add to or delete from a birth record the name of a parent, to
change the identity of a parent named on the birth record, or to effect a name
change prohibited under s. 301.47 or 941.2915 (2).
SECTION 2. 69.12 (1) of the statutes is amended to read:
69.12 (1) If the state registrar cannot make an amendment to a vital record
under s. 69.11 and a person with a direct and tangible interest in the vital record
alleges that information on the vital record does not represent the actual facts in
effect at the time the record was filed, the person may petition the circuit court of
the county in which the event which is the subject of the vital record is alleged to
have occurred. The petition shall be accompanied by a certified copy of the original
vital record. If the court finds that the petitioner has established the actual facts of
the event in effect when the record was filed, the clerk of court shall report the
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SECTION 2
court[s determination to the state registrar in the manner prescribed by the state
registrar, along with the fee required under s. 69.22 (5) (a) 2. Upon receipt of the
report, the state registrar shall, if information as to the cause of death on a death
record is changed or if information on a marriage record concerning the identity of
a parent of a party to a marriage is changed, act under sub. (4), or shall change the
record under s. 69.11 (5) and if the record is not enabled in the state system of vital
records, send the amended record to the local registrar who shall replace the record
filed in his or her office. This subsection does not apply to a name change
prohibited under s. 301.47 or 941.2915 (2).
SECTION 3. 69.15 (4) (b) of the statutes is amended to read:
69.15 (4) (b) Any person with a direct and tangible interest in a birth record
registered in this state may petition a court to change the name and sex of the
registrant on the record due to a surgical sex-change procedure. If the state
registrar receives an order which provides for such a change the state registrar
shall change the name and sex on the original record, except that if the court orders
the state registrar to prepare a new record the state registrar shall prepare a new
record under sub. (6). This subsection does not apply to a name change prohibited
under s. 301.47 or 941.2915 (2).
SECTION 4. 767.395 of the statutes is amended to read:
767.395 Name of spouse. Except as provided in s. 301.47 or 941.2915 (2),
the court, upon granting a divorce, shall allow either spouse, upon request, to
resume a former legal surname, if any.
SECTION 5. 786.36 (1) (intro.) of the statutes is amended to read:
786.36 (1) (intro.) Except as provided in sub. (3) or s. 301.47 or 941.2915 (2),
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SECTION 5
any resident of this state, whether a minor or adult, upon petition to the circuit
court of the county where he or she resides and upon filing a copy of the notice
required under s. 786.37 (1), with proof of publication, may, if no sufficient cause is
shown to the contrary, have his or her name changed or established by order of the
court. Subject to sub. (1m), if the person whose name is to be changed is a minor
under the age of 14 years, the petition may be made by whichever of the following is
applicable:
SECTION 6. 941.2915 of the statutes is created to read:
941.2915 Name changes prohibited after conviction for a violent
crime. (1) XViolent crimeY has the meaning given in s. 969.001 (3) (a).
(2) No person who has been convicted of a violent crime may change their
name. A person who violates this subsection is guilty of a Class H felony.
(3) A person may not be convicted of violating both sub. (2) and s. 301.47 for
acts arising out of the same incident or occurrence.
(END)
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