LRB-4456/1
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2023 - 2024 LEGISLATURE
2023 SENATE BILL 875
January 5, 2024 - Introduced by Senators JAMES, AGARD, L. JOHNSON, PFAFF, ROYS,
SPREITZER and LARSON, cosponsored by Representatives KITCHENS, BILLINGS,
C. ANDERSON, BEHNKE, CONLEY, CONSIDINE, DITTRICH, DUCHOW, GUNDRUM,
JACOBSON, MURSAU, MYERS, NEDWESKI, OHNSTAD, ORTIZ-VELEZ, PALMERI,
ROZAR, SHANKLAND, SINICKI and SUBECK. Referred to Committee on Mental
Health, Substance Abuse Prevention, Children and Families.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to create 895.532 and 961.571 (1) (b) 4. of the statutes; relating to:
excepting xylazine testing materials from the definition of drug paraphernalia
and civil and criminal liability exemptions for distributing and administering
xylazine testing products.
Analysis by the Legislative Reference Bureau
Under current law, products and materials of any kind that are used for testing
a controlled substance or controlled substance analog are considered drug
paraphernalia, and it is a felony for any person to use or possess with intent to use
drug paraphernalia. Current law excepts certain items from the definition of “drug
paraphernalia,” including any materials used or intended for use in testing for the
presence of fentanyl or a fentanyl analog in a substance. This bill excepts any
materials used or intended for use in testing for the presence of xylazine or a xylazine
analog in a substance from the definition of “drug paraphernalia.” Further, this bill
provides that any person who distributes a xylazine testing product is immune from
civil or criminal liability for the death of or injury to an individual caused by the
administration of the xylazine testing product and that any person who administers
a xylazine testing product according to manufacturer instructions provided with the
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JPC:emw
SENATE BILL 875
xylazine testing product is immune from civil or criminal liability for the act, except
for civil liability for negligence in the performance of the act.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 895.532 of the statutes is created to read:
895.532 Civil and criminal liability exemption; xylazine testing
products. (1) In this section, “xylazine testing product” means any materials used
or intended for use in testing for the presence of xylazine or a xylazine analog in a
substance.
(2) Any person who distributes a xylazine testing product is immune from civil
or criminal liability for the death of or injury to an individual caused by the
administration of the xylazine testing product.
(3) Any person who administers a xylazine testing product according to
manufacturer instructions provided with the xylazine testing product is immune
from civil or criminal liability for the act, except for civil liability for negligence in the
performance of the act.
SECTION 2. 961.571 (1) (b) 4. of the statutes is created to read:
961.571 (1) (b) 4. Any materials used or intended for use in testing for the
presence of xylazine or a xylazine analog in a substance.
(END)
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