1 | | - | Date of enactment: March 26, 2024 |
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2 | | - | 2023 Senate Bill 875 Date of publication*: March 27, 2024 |
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3 | | - | 2023 WISCONSIN ACT 217 |
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4 | | - | AN ACT to create 895.532 and 961.571 (1) (b) 4. of the statutes; relating to: excepting xylazine testing materials |
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5 | | - | from the definition of drug paraphernalia and civil and criminal liability exemptions for distributing and administer- |
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6 | | - | ing xylazine testing products. |
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7 | | - | The people of the state of Wisconsin, represented in |
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8 | | - | senate and assembly, do enact as follows: |
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| 1 | + | LRB-4456/1 |
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| 2 | + | JPC:emw |
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| 3 | + | 2023 - 2024 LEGISLATURE |
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| 4 | + | 2023 SENATE BILL 875 |
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| 5 | + | January 5, 2024 - Introduced by Senators JAMES, AGARD, L. JOHNSON, PFAFF, ROYS, |
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| 6 | + | SPREITZER and LARSON, cosponsored by Representatives KITCHENS, BILLINGS, |
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| 7 | + | C. ANDERSON, BEHNKE, CONLEY, CONSIDINE, DITTRICH, DUCHOW, GUNDRUM, |
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| 8 | + | JACOBSON, MURSAU, MYERS, NEDWESKI, OHNSTAD, ORTIZ-VELEZ, PALMERI, |
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| 9 | + | ROZAR, SHANKLAND, SINICKI and SUBECK. Referred to Committee on Mental |
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| 10 | + | Health, Substance Abuse Prevention, Children and Families. |
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| 11 | + | ***AUTHORS SUBJECT TO CHANGE*** |
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| 12 | + | AN ACT to create 895.532 and 961.571 (1) (b) 4. of the statutes; relating to: |
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| 13 | + | excepting xylazine testing materials from the definition of drug paraphernalia |
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| 14 | + | and civil and criminal liability exemptions for distributing and administering |
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| 15 | + | xylazine testing products. |
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| 16 | + | Analysis by the Legislative Reference Bureau |
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| 17 | + | Under current law, products and materials of any kind that are used for testing |
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| 18 | + | a controlled substance or controlled substance analog are considered drug |
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| 19 | + | paraphernalia, and it is a felony for any person to use or possess with intent to use |
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| 20 | + | drug paraphernalia. Current law excepts certain items from the definition of “drug |
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| 21 | + | paraphernalia,” including any materials used or intended for use in testing for the |
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| 22 | + | presence of fentanyl or a fentanyl analog in a substance. This bill excepts any |
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| 23 | + | materials used or intended for use in testing for the presence of xylazine or a xylazine |
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| 24 | + | analog in a substance from the definition of “drug paraphernalia.” Further, this bill |
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| 25 | + | provides that any person who distributes a xylazine testing product is immune from |
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| 26 | + | civil or criminal liability for the death of or injury to an individual caused by the |
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| 27 | + | administration of the xylazine testing product and that any person who administers |
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| 28 | + | a xylazine testing product according to manufacturer instructions provided with the |
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| 29 | + | 1 |
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| 30 | + | 2 |
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| 31 | + | 3 |
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| 32 | + | 4 - 2 -2023 - 2024 Legislature LRB-4456/1 |
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| 33 | + | JPC:emw |
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| 34 | + | SENATE BILL 875 |
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| 35 | + | xylazine testing product is immune from civil or criminal liability for the act, except |
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| 36 | + | for civil liability for negligence in the performance of the act. |
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| 37 | + | The people of the state of Wisconsin, represented in senate and assembly, do |
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| 38 | + | enact as follows: |
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10 | | - | 895.532 Civil and criminal liability exemption; |
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11 | | - | xylazine testing products. (1) In this section, “xylazine |
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12 | | - | testing product” means any materials used or intended for |
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13 | | - | use in testing for the presence of xylazine or a xylazine |
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14 | | - | analog in a substance. |
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15 | | - | (2) Any person who distributes a xylazine testing |
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16 | | - | product is immune from civil or criminal liability for the |
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17 | | - | death of or injury to an individual caused by the adminis- |
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18 | | - | tration of the xylazine testing product. |
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19 | | - | (3) Any person who administers a xylazine testing |
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20 | | - | product according to manufacturer instructions provided |
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21 | | - | with the xylazine testing product is immune from civil or |
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22 | | - | criminal liability for the act, except for civil liability for |
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23 | | - | negligence in the performance of the act. |
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24 | | - | SECTION 2. 961.571 (1) (b) 4. of the statutes is created |
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25 | | - | to read: |
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26 | | - | 961.571 (1) (b) 4. Any materials used or intended for |
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27 | | - | use in testing for the presence of xylazine or a xylazine |
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28 | | - | analog in a substance. |
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29 | | - | * Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s |
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30 | | - | partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” |
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| 40 | + | 895.532 Civil and criminal liability exemption; xylazine testing |
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| 41 | + | products. (1) In this section, “xylazine testing product” means any materials used |
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| 42 | + | or intended for use in testing for the presence of xylazine or a xylazine analog in a |
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| 43 | + | substance. |
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| 44 | + | (2) Any person who distributes a xylazine testing product is immune from civil |
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| 45 | + | or criminal liability for the death of or injury to an individual caused by the |
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| 46 | + | administration of the xylazine testing product. |
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| 47 | + | (3) Any person who administers a xylazine testing product according to |
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| 48 | + | manufacturer instructions provided with the xylazine testing product is immune |
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| 49 | + | from civil or criminal liability for the act, except for civil liability for negligence in the |
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| 50 | + | performance of the act. |
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| 51 | + | SECTION 2. 961.571 (1) (b) 4. of the statutes is created to read: |
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| 52 | + | 961.571 (1) (b) 4. Any materials used or intended for use in testing for the |
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| 53 | + | presence of xylazine or a xylazine analog in a substance. |
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| 54 | + | (END) |
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