Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB950 Compare Versions

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

Old	New	Differences
1	1	LRB-5378/1
2	2	JPC:emw
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 950
5	5	January 12, 2024 - Introduced by Representatives K ITCHENS, BILLINGS, C.
6	6	ANDERSON, BEHNKE, CONLEY, CONSIDINE, DITTRICH, DUCHOW, GUNDRUM,
7	7	JACOBSON, MURSAU, MYERS, NEDWESKI, OHNSTAD, ORTIZ-VELEZ, PALMERI,
8	8	ROZAR, SHANKLAND, SINICKI and SUBECK, cosponsored by Senators JAMES,
9	9	AGARD, L. JOHNSON, PFAFF, ROYS and SPREITZER. Referred to Committee on
10	10	Criminal Justice and Public Safety.
11	11	*AUTHORS SUBJECT TO CHANGE*
12	12	AN ACT to create 895.532 and 961.571 (1) (b) 4. of the statutes; relating to:
13	13	excepting xylazine testing materials from the definition of drug paraphernalia
14	14	and civil and criminal liability exemptions for distributing and administering
15	15	xylazine testing products.
16	16	Analysis by the Legislative Reference Bureau
17	17	Under current law, products and materials of any kind that are used for testing
18	18	a controlled substance or controlled substance analog are considered drug
19	19	paraphernalia, and it is a felony for any person to use or possess with intent to use
20	20	drug paraphernalia. Current law excepts certain items from the definition of “drug
21	21	paraphernalia,” including any materials used or intended for use in testing for the
22	22	presence of fentanyl or a fentanyl analog in a substance. This bill excepts any
23	23	materials used or intended for use in testing for the presence of xylazine or a xylazine
24	24	analog in a substance from the definition of “drug paraphernalia.” Further, this bill
25	25	provides that any person who distributes a xylazine testing product is immune from
26	26	civil or criminal liability for the death of or injury to an individual caused by the
27	27	administration of the xylazine testing product and that any person who administers
28	28	a xylazine testing product according to manufacturer instructions provided with the
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32	32	4 - 2 -2023 - 2024 Legislature LRB-5378/1
33	33	JPC:emw
34	34	ASSEMBLY BILL 950
35	35	xylazine testing product is immune from civil or criminal liability for the act, except
36	36	for civil liability for negligence in the performance of the act.
37	37	The people of the state of Wisconsin, represented in senate and assembly, do
38	38	enact as follows:
39	39	SECTION 1. 895.532 of the statutes is created to read:
40	40	895.532 Civil and criminal liability exemption; xylazine testing
41	41	products. (1) In this section, “xylazine testing product” means any materials used
42	42	or intended for use in testing for the presence of xylazine or a xylazine analog in a
43	43	substance.
44	44	(2) Any person who distributes a xylazine testing product is immune from civil
45	45	or criminal liability for the death of or injury to an individual caused by the
46	46	administration of the xylazine testing product.
47	47	(3) Any person who administers a xylazine testing product according to
48	48	manufacturer instructions provided with the xylazine testing product is immune
49	49	from civil or criminal liability for the act, except for civil liability for negligence in the
50	50	performance of the act.
51	51	SECTION 2. 961.571 (1) (b) 4. of the statutes is created to read:
52	52	961.571 (1) (b) 4. Any materials used or intended for use in testing for the
53	53	presence of xylazine or a xylazine analog in a substance.
54	54	(END)
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