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2023 - 2024 LEGISLATURE
2023 SENATE BILL 595
October 30, 2023 - Introduced by Senators J AMES, TAYLOR, BALLWEG,
CABRAL-GUEVARA, HESSELBEIN, KNODL, ROYS, SMITH, SPREITZER and TESTIN,
cosponsored by Representatives ROZAR, ORTIZ-VELEZ, C. ANDERSON, ANDRACA,
BALDEH, BILLINGS, CABRERA, CLANCY, CONLEY, CONSIDINE, DITTRICH, DOYLE,
DRAKE, EDMING, KRUG, MADISON, MOSES, MURSAU, OHNSTAD, PLUMER, SINICKI,
STUBBS and SUBECK. Referred to Committee on Judiciary and Public Safety.
AN ACT to renumber and amend 961.443 (2); to amend 961.443 (2) (title); and
to create 961.443 (2) (b) of the statutes; relating to: immunity for certain
controlled substances offenses for aiders and aided persons.
Analysis by the Legislative Reference Bureau
Current law grants immunity from prosecution for possessing a controlled
substance to a person, called an aider, who summons or provides emergency medical
assistance to another person because the aider believes the other person is suffering
from an overdose or other adverse reaction to a controlled substance. Under 2017
Wisconsin Act 33, an aider was also immune from having parole, probation, or
extended supervision revoked for possessing a controlled substance under the same
circumstances. Act 33 also granted the aided person immunity from having parole,
probation, or extended supervision revoked for possessing a controlled substance
when an aider seeks assistance for the aided person. The immunity applied only if
the aided person completes a treatment program as part of his or her parole,
probation, or extended supervision. Act 33 also provided that a prosecutor must offer
an aided person who is subject to prosecution for possessing a controlled substance
a deferred prosecution agreement if the aided person completes a treatment
program.
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SENATE BILL 595
The expanded immunities under Act 33 were temporary and expired on August
1, 2020. This bill permanently restores these expanded immunities from Act 33.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 961.443 (2) (title) of the statutes is amended to read:
961.443 (2) (title) IMMUNITY FROM CRIMINAL PROSECUTION AND REVOCATION OF
PAROLE, PROBATION, OR EXTENDED SUPERVISION.
SECTION 2. 961.443 (2) of the statutes is renumbered 961.443 (2) (a) and
amended to read:
961.443 (2) (a) An No aider may have his or her parole, probation, or extended
supervision revoked, and an aider is immune from prosecution under s. 961.573 for
the possession of drug paraphernalia, under s. 961.41 (3g) for the possession of a
controlled substance or a controlled substance analog, and under s. 961.69 (2) for
possession of a masking agent under the circumstances surrounding or leading to his
or her commission of an act described in sub. (1) if the aider's attempt to obtain
assistance occurs as soon as is practicable after the aider believes the other person
is suffering from the overdose or other adverse reaction.
SECTION 3. 961.443 (2) (b) of the statutes is created to read:
961.443 (2) (b) 1. No aided person may have his or her parole, probation, or
extended supervision revoked under the circumstances surrounding or leading to an
aider's commission of an act described in sub. (1) if the aided person completes a
treatment program as a condition of his or her parole, probation, or extended
supervision or, if a treatment program is unavailable or would be prohibitive
financially, agrees to be imprisoned in the county jail for not less than 15 days.
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SECTION 3
SENATE BILL 595
2. If an aided person is subject to prosecution under s. 961.573 for the
possession of drug paraphernalia, under s. 961.41 (3g) for the possession of a
controlled substance or a controlled substance analog, or under s. 961.69 (2) for
possession of a masking agent under the circumstances surrounding or leading to an
aider's commission of an act described in sub. (1), the district attorney shall offer the
aided person a deferred prosecution agreement that includes the completion of a
treatment program. This subdivision does not apply to an aided person who is on
parole, probation, or extended supervision and fails to meet a condition under subd.
1.
(END)
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