Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB146 Compare Versions

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

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1	1	2025 - 2026 LEGISLATURE
2	2	LRB-2243/1
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4	4	2025 SENATE BILL 146
5	5	March 21, 2025 - Introduced by Senators WANGGAARD, JACQUE, FEYEN and NASS,
6	6	cosponsored by Representatives GOEBEN, B. JACOBSON, PENTERMAN,
7	7	KREIBICH, DITTRICH, ALLEN, KNODL, WICHGERS, MURPHY, BRILL, MURSAU
8	8	and BEHNKE. Referred to Committee on Judiciary and Public Safety.
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10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to amend 69.11 (4) (b), 69.12 (1), 69.15 (4) (b), 767.395 and 786.36 (1)
12	12	(intro.); to create 941.2915 of the statutes; relating to: prohibiting persons
13	13	who have been convicted of a violent crime from changing their name and
14	14	providing a penalty.
15	15	Analysis by the Legislative Reference Bureau
16	16	Current law prohibits a person who is registered as a sex offender with the
17	17	Department of Corrections from changing their name during the period they are
18	18	required to register. With certain exceptions, a person who violates the prohibition
19	19	is guilty of a Class H felony.
20	20	This bill prohibits a person who has been convicted of a violent crime, which is
21	21	defined in the bill and includes homicide, battery, kidnapping, stalking, human
22	22	trafficking, and sexual assault, from changing their name. A person who violates
23	23	the prohibition is guilty of a Class H felony.
24	24	Because this bill creates a new crime or revises a penalty for an existing crime,
25	25	the Joint Review Committee on Criminal Penalties may be requested to prepare a
26	26	report.
27	27	The people of the state of Wisconsin, represented in senate and assembly, do
28	28	enact as follows:
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32	32	4 2025 - 2026 Legislature
33	33	SENATE BILL 146
34	34	- 2 - LRB-2243/1
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36	36	SECTION 1
37	37	SECTION 1. 69.11 (4) (b) of the statutes is amended to read:
38	38	69.11 (4) (b) The state registrar may amend an item on a birth record that
39	39	affects information about the name, sex, date of birth, place of birth, parent[s name,
40	40	or marital status of the mother if 365 days have elapsed since the occurrence of the
41	41	event that is the subject of the birth record, if the amendment is at the request of a
42	42	person with a direct and tangible interest in the record and is in the manner
43	43	prescribed by the state registrar, and if the amendment is accompanied by 2 items
44	44	of documentary evidence from early childhood that are sufficient to prove that the
45	45	item to be changed is in error and by the affidavit of the person requesting the
46	46	amendment. A change in the marital status on the birth record may be made under
47	47	this paragraph only if the marital status is inconsistent with information
48	48	concerning the father or husband that appears on the birth record. This paragraph
49	49	may not be used to add to or delete from a birth record the name of a parent, to
50	50	change the identity of a parent named on the birth record, or to effect a name
51	51	change prohibited under s. 301.47 or 941.2915 (2).
52	52	SECTION 2. 69.12 (1) of the statutes is amended to read:
53	53	69.12 (1) If the state registrar cannot make an amendment to a vital record
54	54	under s. 69.11 and a person with a direct and tangible interest in the vital record
55	55	alleges that information on the vital record does not represent the actual facts in
56	56	effect at the time the record was filed, the person may petition the circuit court of
57	57	the county in which the event which is the subject of the vital record is alleged to
58	58	have occurred. The petition shall be accompanied by a certified copy of the original
59	59	vital record. If the court finds that the petitioner has established the actual facts of
60	60	the event in effect when the record was filed, the clerk of court shall report the
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84	84	24 2025 - 2026 Legislature
85	85	SENATE BILL 146
86	86	- 3 - LRB-2243/1
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88	88	SECTION 2
89	89	court[s determination to the state registrar in the manner prescribed by the state
90	90	registrar, along with the fee required under s. 69.22 (5) (a) 2. Upon receipt of the
91	91	report, the state registrar shall, if information as to the cause of death on a death
92	92	record is changed or if information on a marriage record concerning the identity of
93	93	a parent of a party to a marriage is changed, act under sub. (4), or shall change the
94	94	record under s. 69.11 (5) and if the record is not enabled in the state system of vital
95	95	records, send the amended record to the local registrar who shall replace the record
96	96	filed in his or her office. This subsection does not apply to a name change
97	97	prohibited under s. 301.47 or 941.2915 (2).
98	98	SECTION 3. 69.15 (4) (b) of the statutes is amended to read:
99	99	69.15 (4) (b) Any person with a direct and tangible interest in a birth record
100	100	registered in this state may petition a court to change the name and sex of the
101	101	registrant on the record due to a surgical sex-change procedure. If the state
102	102	registrar receives an order which provides for such a change the state registrar
103	103	shall change the name and sex on the original record, except that if the court orders
104	104	the state registrar to prepare a new record the state registrar shall prepare a new
105	105	record under sub. (6). This subsection does not apply to a name change prohibited
106	106	under s. 301.47 or 941.2915 (2).
107	107	SECTION 4. 767.395 of the statutes is amended to read:
108	108	767.395 Name of spouse. Except as provided in s. 301.47 or 941.2915 (2),
109	109	the court, upon granting a divorce, shall allow either spouse, upon request, to
110	110	resume a former legal surname, if any.
111	111	SECTION 5. 786.36 (1) (intro.) of the statutes is amended to read:
112	112	786.36 (1) (intro.) Except as provided in sub. (3) or s. 301.47 or 941.2915 (2),
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137	137	SENATE BILL 146
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140	140	SECTION 5
141	141	any resident of this state, whether a minor or adult, upon petition to the circuit
142	142	court of the county where he or she resides and upon filing a copy of the notice
143	143	required under s. 786.37 (1), with proof of publication, may, if no sufficient cause is
144	144	shown to the contrary, have his or her name changed or established by order of the
145	145	court. Subject to sub. (1m), if the person whose name is to be changed is a minor
146	146	under the age of 14 years, the petition may be made by whichever of the following is
147	147	applicable:
148	148	SECTION 6. 941.2915 of the statutes is created to read:
149	149	941.2915 Name changes prohibited after conviction for a violent
150	150	crime. (1) XViolent crimeY has the meaning given in s. 969.001 (3) (a).
151	151	(2) No person who has been convicted of a violent crime may change their
152	152	name. A person who violates this subsection is guilty of a Class H felony.
153	153	(3) A person may not be convicted of violating both sub. (2) and s. 301.47 for
154	154	acts arising out of the same incident or occurrence.
155	155	(END)
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