Wisconsin 2025-2026 Regular Session

Wisconsin Assembly Bill AB192 Compare Versions

Only one version of the bill is available at this time.
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11 2025 - 2026 LEGISLATURE
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44 2025 ASSEMBLY BILL 192
55 April 15, 2025 - Introduced by Representatives MOSES, CALLAHAN, SNYDER,
66 O'CONNOR and MURSAU, cosponsored by Senator JAMES. Referred to
77 Committee on Local Government.
88
99 ***AUTHORS SUBJECT TO CHANGE***
1010 AN ACT to amend 48.396 (1), 48.396 (2) (a), 48.78 (2) (a), 48.981 (7) (a) 15.,
1111 938.396 (1) (a), 938.396 (2) (a) and 938.78 (2) (a); to create 51.30 (4) (b) 29.,
1212 146.82 (2) (d), 250.22 and 961.385 (2) (cm) 5. of the statutes; relating to:
1313 fatality review teams and granting rule-making authority.
1414 Analysis by the Legislative Reference Bureau
1515 This bill establishes fatality review teams under state law. Current law does
1616 not address fatality review teams, though several types of such teams currently
1717 exist in Wisconsin based on voluntary efforts primarily organized by counties, with
1818 state-level technical assistance available for certain types of teams.
1919 Under the bill, a fatality review team is defined as a multidisciplinary and
2020 multiagency team reviewing one or more types of death among children or adults
2121 and developing recommendations to prevent future deaths of similar circumstances.
2222 The bill generally governs a team[s responsibilities, ability to access certain
2323 records, confidentiality requirements, and disclosure of information.
2424 Duties and authority of the Department of Health Services
2525 Under the bill, the Department of Health Services must establish a fatality
2626 review program comprised of local fatality review teams established at the option of
2727 a municipality, a county, a local health department, or a tribal health department,
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3535 or a combination of these entities. The bill also authorizes, but does not require,
3636 DHS to create state fatality review teams.
3737 The bill requires DHS to perform various duties, in consultation with other
3838 state agencies as appropriate, such as: 1) facilitate local team development; 2)
3939 identify training needs and make available training resources; 3) provide technical
4040 assistance and support; 4) in the absence of a local team or upon request, assign
4141 review of deaths to a state fatality review team, if established; 5) educate the public
4242 on causes and recommendations for prevention of reviewable deaths; and 6) provide
4343 information to the legislature, state agencies, and local communities on the need for
4444 modifications to law, policy, or practice. The bill allows DHS to contract with an
4545 entity to perform any of its duties under the bill.
4646 Under the bill, DHS or its contracted entity must create and make available to
4747 fatality review teams a confidentiality agreement for use by team members to
4848 ensure confidentiality consistent with the bill[s provisions. The bill requires DHS
4949 to promulgate administrative rules to develop and implement a standardized form
5050 for review of suicide deaths, and allows DHS to promulgate rules to develop and
5151 implement standardized forms for other types of reviewable deaths. The bill
5252 further grants general rule-making authority to DHS to implement the bill[s
5353 provisions.
5454 Fatality review teams
5555 The bill contains general provisions governing any type of fatality review
5656 team. The bill identifies examples of the types of deaths that may constitute a
5757 reviewable death, including overdose, suicide, maternal death occurring during or
5858 within a year of a pregnancy, or any unexpected or unintentional death of a child,
5959 among others. The bill also provides a non-exhaustive list of potential team
6060 members.
6161 Under the bill, a fatality review team has the purpose of gathering information
6262 about reviewable deaths to examine risk factors and understand how deaths may be
6363 prevented, through identifying recommendations for cross-sector, system-level
6464 policy and practice changes, and promoting cooperation and coordination among
6565 the agencies involved in understanding causes of reviewable deaths or in providing
6666 services to surviving family members.
6767 If established, each fatality review team must: 1) establish and implement
6868 team protocols; 2) collect and maintain data; 3) create strategies and track
6969 implementation of prevention recommendations; and 4) evaluate the team [s
7070 process, interagency collaboration, and implementation of recommendations. The
7171 bill requires teams to assign, as appropriate for a specific review, a team member to
7272 complete any standardized form developed by DHS, and to enter data regarding
7373 each reviewable death into any secure database designated by DHS or its
7474 contracted entity.
7575 Record access and confidentiality
7676 The bill authorizes a fatality review team to access records from a variety of 2025 - 2026 Legislature
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8181 sources, such as certain state agencies, law enforcement, medical examiners and
8282 coroners, health care providers, social or human service agencies, schools, and the
8383 prescription drug monitoring program, among others, subject to certain restrictions
8484 under the bill and current law.
8585 Information and records provided to or created by a fatality review team are
8686 confidential, subject to limited exceptions provided under the bill, and are not
8787 subject to Wisconsin[s public records laws. The bill requires team members, and
8888 other individuals invited to attend a team meeting, to sign a confidentiality
8989 agreement before participating in or attending a fatality review team meeting. The
9090 bill prohibits team members, persons in attendance at team meetings, and others
9191 providing records to teams from testifying in any civil or criminal action as to the
9292 information specifically obtained through participation in the team[s meeting.
9393 The bill authorizes disclosure of information if such disclosure serves a team[s
9494 purpose and certain other conditions are met, such as the information does not
9595 allow for identification of individuals and does not contain conclusory information
9696 attributing fault. The bill further specifies that a team[s information and records
9797 are not subject to discovery or subpoena, or admissible as evidence, in a civil or
9898 criminal action, unless obtained independently from a team[s review. The bill also
9999 provides that a person participating in a fatality review team is immune from civil
100100 or criminal liability for any good faith act or omission in connection with providing
101101 information or recommendations.
102102 The bill exempts fatality review team meetings from Wisconsin[s open
103103 meetings law. The bill allows for public meetings to share summary findings and
104104 recommendations, but limits the types of information that may be disclosed in
105105 public meetings.
106106 For further information see the state and local fiscal estimate, which will be
107107 printed as an appendix to this bill.
108108 The people of the state of Wisconsin, represented in senate and assembly, do
109109 enact as follows:
110110 SECTION 1. 48.396 (1) of the statutes is amended to read:
111111 48.396 (1) Law enforcement officers[ records of children shall be kept separate
112112 from records of adults. Law enforcement officers[ records of the adult expectant
113113 mothers of unborn children shall be kept separate from records of other adults. Law
114114 enforcement officers[ records of children and the adult expectant mothers of unborn
115115 children shall not be open to inspection or their contents disclosed except under sub.
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126126 (1b), (1d), (5), or (6) or s. 48.293 or, 250.22, or 938.396 (2m) (c) 1p. or by order of the
127127 court. This subsection does not apply to the representatives of newspapers or other
128128 reporters of news who wish to obtain information for the purpose of reporting news
129129 without revealing the identity of the child or adult expectant mother involved, to
130130 the confidential exchange of information between the police and officials of the
131131 public or private school attended by the child or other law enforcement or social
132132 welfare agencies, or to children 10 years of age or older who are subject to the
133133 jurisdiction of the court of criminal jurisdiction. A public school official who obtains
134134 information under this subsection shall keep the information confidential as
135135 required under s. 118.125, and a private school official who obtains information
136136 under this subsection shall keep the information confidential in the same manner
137137 as is required of a public school official under s. 118.125. This subsection does not
138138 apply to the confidential exchange of information between the police and officials of
139139 the tribal school attended by the child if the police determine that enforceable
140140 protections are provided by a tribal school policy or tribal law that requires tribal
141141 school officials to keep the information confidential in a manner at least as
142142 stringent as is required of a public school official under s. 118.125. A law
143143 enforcement agency that obtains information under this subsection shall keep the
144144 information confidential as required under this subsection and s. 938.396 (1) (a). A
145145 social welfare agency that obtains information under this subsection shall keep the
146146 information confidential as required under ss. 48.78 and 938.78.
147147 SECTION 2. 48.396 (2) (a) of the statutes is amended to read:
148148 48.396 (2) (a) Records of the court assigned to exercise jurisdiction under this
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175175 SECTION 2
176176 chapter and ch. 938 and of courts exercising jurisdiction under s. 48.16 shall be
177177 entered in books or deposited in files kept for that purpose only. Those records shall
178178 not be open to inspection or their contents disclosed except by order of the court
179179 assigned to exercise jurisdiction under this chapter and ch. 938 or as required or
180180 permitted under this subsection, sub. (3) (b) or (c) 1g., 1m., or 1r. or (6), or s. 48.375
181181 (7) (e) or 250.22.
182182 SECTION 3. 48.78 (2) (a) of the statutes is amended to read:
183183 48.78 (2) (a) No agency may make available for inspection or disclose the
184184 contents of any record kept or information received about an individual who is or
185185 was in its care or legal custody, except as provided under sub. (2m) or s. 48.371,
186186 48.38 (5) (b) or (d) or (5m) (d), 48.396 (3) (bm) or (c) 1r., 48.432, 48.433, 48.48 (17)
187187 (bm), 48.57 (2m), 48.66 (6), 48.93, 48.981 (7), 250.22, 938.396 (2m) (c) 1r., 938.51, or
188188 938.78 or by order of the court.
189189 SECTION 4. 48.981 (7) (a) 15. of the statutes is amended to read:
190190 48.981 (7) (a) 15. A fatality review team established under s. 250.22, a child
191191 fatality review team recognized by the county department, or, in a county having a
192192 population of 750,000 or more, the department or a licensed child welfare agency
193193 under contract with the department.
194194 SECTION 5. 51.30 (4) (b) 29. of the statutes is created to read:
195195 51.30 (4) (b) 29. To an authorized member of a fatality review team
196196 established under s. 250.22. The recipient of any treatment records under this
197197 subdivision shall keep the records confidential in accordance with s. 250.22.
198198 SECTION 6. 146.82 (2) (d) of the statutes is created to read:
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226226 146.82 (2) (d) Notwithstanding sub. (1), patient health care records may be
227227 released, upon request, to a fatality review team, as defined in s. 250.22 (1) (a),
228228 acting as a public health authority for the purpose of reviewing a death as described
229229 under s. 250.22. Records that may be released under this paragraph for the public
230230 health purposes under s. 250.22 may be disclosed to a fatality review team only in
231231 accordance with that section, and the recipient of any records released shall keep
232232 the records confidential.
233233 SECTION 7. 250.22 of the statutes is created to read:
234234 250.22 Fatality review teams. (1) DEFINITIONS. In this section:
235235 (a) XFatality review teamY means a multidisciplinary and multiagency team
236236 examining one or more types of reviewable death among children or adults and
237237 developing recommendations to prevent future deaths of similar circumstances.
238238 (b) XLocal fatality review teamY means a fatality review team that examines
239239 reviewable deaths from specific municipalities or counties. A Xlocal fatality review
240240 teamY may include a team formed by a collaboration of two or more municipalities,
241241 counties, local health departments, or tribal health departments.
242242 (c) XMunicipalityY means a city, village, or town.
243243 (d) XState fatality review teamY means a fatality review team that examines
244244 reviewable deaths of residents across the state.
245245 (e) 1. XReviewable deathY includes any of the following types of deaths:
246246 a. Suicide.
247247 b. Homicide or death involving domestic violence, intimate partner violence,
248248 or homicide related to community violence.
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276276 c. Motor vehicle incident.
277277 d. Overdose death.
278278 e. Child abuse or neglect.
279279 f. Stillbirth.
280280 g. Fetal death or infant death.
281281 h. A maternal death occurring during or within a year of a pregnancy.
282282 i. Any unexpected or unintentional death of a child.
283283 2. XReviewable deathY does not include a death subject to review under s.
284284 175.47.
285285 (2) DEPARTMENT DUTIES AND AUTHORITY. (a) The department shall establish
286286 a fatality review program comprised of local fatality review teams established at the
287287 option of a municipality, a county, a local health department, a tribal health
288288 department, or a combination of these entities. The department may also establish
289289 a state fatality review team.
290290 (b) In coordination with the department of justice, the department of children
291291 and families, or other state agencies, as appropriate, the department shall do all of
292292 the following:
293293 1. Facilitate the development of local fatality review teams under this section.
294294 2. Identify training needs and make training resources available to local
295295 fatality review teams, statewide professional organizations, advocacy groups, and
296296 others.
297297 3. Respond to requests from local fatality review teams and provide any
298298 necessary technical assistance and support.
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326326 4. Upon request of a local fatality review team, or if a county does not have a
327327 fatality review team, assign review of deaths to a state fatality review team, if
328328 established.
329329 5. Provide information to the legislature, state agencies, and local
330330 communities on the need for modifications to law, policy, or practice.
331331 (c) The department may enter into a contract with an entity to perform any of
332332 the department[s duties under this section.
333333 (d) The department shall promulgate rules to develop and implement a
334334 standardized form for use by fatality review teams when reviewing suicide deaths.
335335 The department may promulgate rules to develop and implement standardized
336336 forms for use by fatality review teams when reviewing other types of reviewable
337337 deaths.
338338 (e) The department may educate the public regarding the incidence and
339339 causes of reviewable deaths, including recommendations that identify needed policy
340340 changes or action to prevent future deaths.
341341 (f) The department or its contracted entity shall create and make available to
342342 fatality review teams a confidentiality agreement to be used by fatality review team
343343 members to ensure confidentiality consistent with this section.
344344 (g) The department may promulgate rules to implement this section.
345345 (3) FATALITY REVIEW TEAMS; PURPOSE, DUTIES, MEMBERSHIP, AND RECORD
346346 ACCESS. (a) Fatality review teams shall have the purpose of gathering information
347347 concerning reviewable deaths to examine the risk factors and circumstances
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374374 leading to reviewable deaths and understand how the deaths could have been
375375 prevented through all of the following:
376376 1. Identification of recommendations for cross-sector, system-level policy and
377377 practice changes to address the identified risk factors and prevent future
378378 reviewable deaths.
379379 2. Promotion of cooperation and coordination among agencies involved in
380380 understanding the causes of reviewable deaths or in providing services to surviving
381381 family members.
382382 (b) 1. If established, each fatality review team shall do all of the following:
383383 a. Establish and implement a protocol for the fatality review team and, to the
384384 extent the department or its contracted entity is involved with the type of review
385385 undertaken, consult with the department or its contracted entity regarding the
386386 protocol.
387387 b. Collect and maintain data to the extent requested by the department or its
388388 contracted entity for the type of review undertaken.
389389 c. Create strategies and make and track the implementation of
390390 recommendations for the prevention and reduction of reviewable deaths in the area
391391 served by the fatality review team.
392392 d. Evaluate the fatality review team [s review process, interagency
393393 collaboration, and development and implementation of recommendations to ensure
394394 adherence to the purpose described in par. (a).
395395 2. A fatality review team may address a reviewable death that occurred in the
396396 area served by the fatality review team or that relates to a resident of the area
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424424 served by the fatality review team if the incident or death occurred elsewhere in the
425425 state.
426426 (c) When conducting a fatality review under this section, a fatality review
427427 team may be provided with information from the records held by any of the
428428 following, if the records pertain to a person or incident within the scope of the
429429 review:
430430 1. The department of health services or a local health department.
431431 2. The department of children and families.
432432 3. A law enforcement agency.
433433 4. A medical examiner or coroner.
434434 5. A treatment provider for substance use or mental health.
435435 6. A hospital or health care provider.
436436 7. Emergency medical services, including a fire department.
437437 8. A Women, Infants, and Children program under s. 253.06.
438438 9. The department of corrections.
439439 10. A district attorney[s office.
440440 11. A circuit or municipal court.
441441 12. A social or human services agency.
442442 13. Service providers or advocates that provide support in response to
443443 violence, including domestic abuse.
444444 14. Child protective services or a child welfare agency.
445445 15. A school or university.
446446 16. If the fatality review team is an overdose fatality review team, a suicide
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474474 review team, or a maternal mortality review team, prescription drug monitoring
475475 program records.
476476 17. Any other agency or organization identified as necessary for the review by
477477 a specific fatality review team.
478478 (d) If established, the members of a fatality review team may include any of
479479 the following types of individuals, organizations, agencies, and areas of expertise:
480480 1. Public health.
481481 2. Tribal health centers.
482482 3. Medical examiners and coroners.
483483 4. Funeral directors.
484484 5. Law enforcement.
485485 6. The district attorney with jurisdiction, or his or her designee.
486486 7. Medical professionals, including physicians, physician assistants, and
487487 nurses.
488488 8. Emergency medical responders, as defined in s. 256.01 (4p), or emergency
489489 medical services practitioners, as defined in s. 256.01 (5).
490490 9. Behavioral health professionals.
491491 10. Service providers or advocates that provide support in response to
492492 violence, including domestic abuse.
493493 11. Individuals with relevant personal experience.
494494 12. Education professionals, including school counselors and school
495495 representatives.
496496 13. Child protective services or child welfare agency.
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524524 14. Any other person requested by members of the team.
525525 (e) A fatality review team shall enter data regarding each reviewable death
526526 under review into any secure database designated by the department or its
527527 contracted entity.
528528 (f) A fatality review team shall assign, as appropriate for the specific type of
529529 review, a member of the team to complete any standardized form developed by the
530530 department under sub. (2) (d).
531531 (4) DISCLOSURE OF INFORMATION; IMMUNITY. (a) Information and records
532532 provided to or created by a fatality review team are confidential, except as
533533 otherwise provided in this section, and are not subject to inspection or copying
534534 under s. 19.35. Before a member of a fatality review team may participate in the
535535 review of a reviewable death, the member must sign a copy of the confidentiality
536536 agreement described under sub. (2) (f) and review the purpose and goals of the
537537 fatality review team. Any person who is invited to a fatality review team meeting
538538 must sign a copy of the confidentiality agreement described under sub. (2) (f) before
539539 attending or participating in the meeting.
540540 (b) Except as otherwise provided in this section, a member of a fatality review
541541 team may share information disclosed to the fatality review team regarding a
542542 reviewable death with other members of that fatality review team or with another
543543 fatality review team conducting a review of the same individual[s death, except that
544544 the member may not distribute additional, printed copies of any information or
545545 record that is disclosed to him or her to other members of the member[s fatality
546546 review team.
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574574 (c) Any person participating in the review of a reviewable death by a fatality
575575 review team, including any member of a fatality review team, a person attending a
576576 fatality review meeting, or a person who presents information to the fatality review
577577 team, and any person providing information or records to the fatality review team
578578 for the purpose of reviewing a reviewable death, may not testify in any civil or
579579 criminal action as to the information specifically obtained through the person[s
580580 participation in the fatality review team[s meeting or to any conclusion of the
581581 fatality review team regarding a reviewable death. This paragraph does not
582582 prohibit a person from testifying to information that is obtained independently of a
583583 fatality review team or that is public information.
584584 (d) A person who attends a fatality review team meeting or presents
585585 information to a fatality review team is not prohibited under par. (a) or (b) from
586586 disclosing information or records obtained independently of the review if that
587587 disclosure is otherwise permitted under state or federal law.
588588 (e) 1. A fatality review team may disclose information if the disclosure is made
589589 for the purpose of fulfilling a purpose of the fatality review team and if the
590590 information meets all of the following criteria:
591591 a. The information does not contain any information that identifies the names
592592 or identifying numbers of individuals and does not contain other information for
593593 which there is reasonable basis to believe that the information could be used to
594594 identify an individual or entity.
595595 b. The information does not contain addresses other than zip codes.
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622622 c. The information does not contain dates of birth, death, or incident other
623623 than the year.
624624 d. The information does not contain conclusory information attributing fault,
625625 not including findings or judgments by law enforcement agencies, courts, or child
626626 welfare agencies.
627627 2. Any of the following items, if the item does not contain any information that
628628 would allow the identity of an individual to be ascertained, may be disclosed or
629629 treated as public information:
630630 a. Statistical or aggregate compilations of data.
631631 b. Reports from fatality review teams.
632632 (f) Information and records provided or obtained in the course of a fatality
633633 review under this section are not subject to discovery or subpoena in a civil or
634634 criminal action or an administrative proceeding and are not admissible as evidence
635635 during the course of a civil or criminal action or an administrative proceeding,
636636 except that information and records obtained independently of a review under this
637637 section are not immune from discovery merely because the information or records
638638 were presented to a fatality review team.
639639 (g) Any person participating in a fatality review team[s meeting under this
640640 section is immune from any civil or criminal liability for any good faith act or
641641 omission in connection with providing information or recommendations relevant to
642642 review of a reviewable death to the fatality review team in accordance with this
643643 section or any conclusions or recommendations reached by the fatality review team
644644 made in good faith. The immunity granted under this paragraph applies to persons
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667667 23 2025 - 2026 Legislature
668668 ASSEMBLY BILL 192
669669 - 15 - LRB-0695/1
670670 SWB:cdc
671671 SECTION 7
672672 conducting the review as well as persons providing information or records to the
673673 fatality review team for the meeting. For the purpose of any civil or criminal action,
674674 any person participating in a review under this section is presumed to be acting in
675675 good faith.
676676 (5) MEETINGS. (a) Meetings of a fatality review team shall be closed to the
677677 public and are not subject to subch. V of ch. 19. A fatality review team may hold a
678678 public meeting to share summary findings and recommendations of reviews by
679679 fatality review teams.
680680 (b) During a public meeting under par. (a), no person may disclose information
681681 on or agency involvement with any of the following:
682682 1. A deceased individual.
683683 2. A family member, guardian, or caretaker of a deceased individual.
684684 3. An individual convicted of a crime or adjudicated as having committed a
685685 delinquent act that caused a death or near fatality.
686686 (c) This subsection does not prohibit a fatality review team from requesting
687687 the attendance at a team meeting of a person who has information relevant to the
688688 team[s exercise of its purpose and duties, provided that any person attending the
689689 meeting signs the confidentiality agreement as described under sub. (2) (f).
690690 SECTION 8. 938.396 (1) (a) of the statutes is amended to read:
691691 938.396 (1) (a) Confidentiality. Law enforcement agency records of juveniles
692692 shall be kept separate from records of adults. Law enforcement agency records of
693693 juveniles may not be open to inspection or their contents disclosed except under par.
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716716 ASSEMBLY BILL 192
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718718 SWB:cdc
719719 SECTION 8
720720 (b) or (c), sub. (1j), (2m) (c) 1p., or (10), or s. 250.22 or 938.293 or by order of the
721721 court.
722722 SECTION 9. 938.396 (2) (a) of the statutes is amended to read:
723723 938.396 (2) (a) Records of the court assigned to exercise jurisdiction under
724724 this chapter and ch. 48 and of municipal courts exercising jurisdiction under s.
725725 938.17 (2) shall be entered in books or deposited in files kept for that purpose only.
726726 Those records shall not be open to inspection or their contents disclosed except by
727727 order of the court assigned to exercise jurisdiction under this chapter and ch. 48 or
728728 as required or permitted under sub. (2g), (2m) (b) or (c), or (10) or s. 250.22.
729729 SECTION 10. 938.78 (2) (a) of the statutes is amended to read:
730730 938.78 (2) (a) No agency may make available for inspection or disclose the
731731 contents of any record kept or information received about an individual who is or
732732 was in its care or legal custody, except as provided under sub. (2m) or (3) or s. 48.396
733733 (3) (bm) or (c) 1r., 250.22, 938.371, 938.38 (5) (b) or (d) or (5m) (d), 938.396 (2m) (c)
734734 1r., 938.51, or 938.57 (2m) or by order of the court.
735735 SECTION 11. 961.385 (2) (cm) 5. of the statutes is created to read:
736736 961.385 (2) (cm) 5. An overdose fatality review team, a suicide review team, or
737737 a maternal mortality review team under s. 250.22 (3) (c) 15.
738738 SECTION 12. Effective date.
739739 (1) This act takes effect on the first day of the 13th month beginning after
740740 publication.
741741 (END)
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