Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB595 Compare Versions

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

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1	1	LRB-0728/1
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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 595
5	5	October 30, 2023 - Introduced by Senators J AMES, TAYLOR, BALLWEG,
6	6	CABRAL-GUEVARA, HESSELBEIN, KNODL, ROYS, SMITH, SPREITZER and TESTIN,
7	7	cosponsored by Representatives ROZAR, ORTIZ-VELEZ, C. ANDERSON, ANDRACA,
8	8	BALDEH, BILLINGS, CABRERA, CLANCY, CONLEY, CONSIDINE, DITTRICH, DOYLE,
9	9	DRAKE, EDMING, KRUG, MADISON, MOSES, MURSAU, OHNSTAD, PLUMER, SINICKI,
10	10	STUBBS and SUBECK. Referred to Committee on Judiciary and Public Safety.
11	11	AN ACT to renumber and amend 961.443 (2); to amend 961.443 (2) (title); and
12	12	to create 961.443 (2) (b) of the statutes; relating to: immunity for certain
13	13	controlled substances offenses for aiders and aided persons.
14	14	Analysis by the Legislative Reference Bureau
15	15	Current law grants immunity from prosecution for possessing a controlled
16	16	substance to a person, called an aider, who summons or provides emergency medical
17	17	assistance to another person because the aider believes the other person is suffering
18	18	from an overdose or other adverse reaction to a controlled substance. Under 2017
19	19	Wisconsin Act 33, an aider was also immune from having parole, probation, or
20	20	extended supervision revoked for possessing a controlled substance under the same
21	21	circumstances. Act 33 also granted the aided person immunity from having parole,
22	22	probation, or extended supervision revoked for possessing a controlled substance
23	23	when an aider seeks assistance for the aided person. The immunity applied only if
24	24	the aided person completes a treatment program as part of his or her parole,
25	25	probation, or extended supervision. Act 33 also provided that a prosecutor must offer
26	26	an aided person who is subject to prosecution for possessing a controlled substance
27	27	a deferred prosecution agreement if the aided person completes a treatment
28	28	program.
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31	31	3 - 2 -2023 - 2024 Legislature LRB-0728/1
32	32	MJW:skw
33	33	SENATE BILL 595
34	34	The expanded immunities under Act 33 were temporary and expired on August
35	35	1, 2020. This bill permanently restores these expanded immunities from Act 33.
36	36	The people of the state of Wisconsin, represented in senate and assembly, do
37	37	enact as follows:
38	38	SECTION 1. 961.443 (2) (title) of the statutes is amended to read:
39	39	961.443 (2) (title) IMMUNITY FROM CRIMINAL PROSECUTION AND REVOCATION OF
40	40	PAROLE, PROBATION, OR EXTENDED SUPERVISION.
41	41	SECTION 2. 961.443 (2) of the statutes is renumbered 961.443 (2) (a) and
42	42	amended to read:
43	43	961.443 (2) (a) An No aider may have his or her parole, probation, or extended
44	44	supervision revoked, and an aider is immune from prosecution under s. 961.573 for
45	45	the possession of drug paraphernalia, under s. 961.41 (3g) for the possession of a
46	46	controlled substance or a controlled substance analog, and under s. 961.69 (2) for
47	47	possession of a masking agent under the circumstances surrounding or leading to his
48	48	or her commission of an act described in sub. (1) if the aider's attempt to obtain
49	49	assistance occurs as soon as is practicable after the aider believes the other person
50	50	is suffering from the overdose or other adverse reaction.
51	51	SECTION 3. 961.443 (2) (b) of the statutes is created to read:
52	52	961.443 (2) (b) 1. No aided person may have his or her parole, probation, or
53	53	extended supervision revoked under the circumstances surrounding or leading to an
54	54	aider's commission of an act described in sub. (1) if the aided person completes a
55	55	treatment program as a condition of his or her parole, probation, or extended
56	56	supervision or, if a treatment program is unavailable or would be prohibitive
57	57	financially, agrees to be imprisoned in the county jail for not less than 15 days.
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78	78	LRB-0728/1
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80	80	SECTION 3
81	81	SENATE BILL 595
82	82	2. If an aided person is subject to prosecution under s. 961.573 for the
83	83	possession of drug paraphernalia, under s. 961.41 (3g) for the possession of a
84	84	controlled substance or a controlled substance analog, or under s. 961.69 (2) for
85	85	possession of a masking agent under the circumstances surrounding or leading to an
86	86	aider's commission of an act described in sub. (1), the district attorney shall offer the
87	87	aided person a deferred prosecution agreement that includes the completion of a
88	88	treatment program. This subdivision does not apply to an aided person who is on
89	89	parole, probation, or extended supervision and fails to meet a condition under subd.
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91	91	(END)
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