Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB192 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 SENATE BILL 192
55 April 14, 2025 - Introduced by Senator JAMES, cosponsored by Representatives
66 MOSES, CALLAHAN, SNYDER, O'CONNOR and MURSAU. Referred to Committee
77 on Health.
88 AN ACT to amend 48.396 (1), 48.396 (2) (a), 48.78 (2) (a), 48.981 (7) (a) 15.,
99 938.396 (1) (a), 938.396 (2) (a) and 938.78 (2) (a); to create 51.30 (4) (b) 29.,
1010 146.82 (2) (d), 250.22 and 961.385 (2) (cm) 5. of the statutes; relating to:
1111 fatality review teams and granting rule-making authority.
1212 Analysis by the Legislative Reference Bureau
1313 This bill establishes fatality review teams under state law. Current law does
1414 not address fatality review teams, though several types of such teams currently
1515 exist in Wisconsin based on voluntary efforts primarily organized by counties, with
1616 state-level technical assistance available for certain types of teams.
1717 Under the bill, a fatality review team is defined as a multidisciplinary and
1818 multiagency team reviewing one or more types of death among children or adults
1919 and developing recommendations to prevent future deaths of similar circumstances.
2020 The bill generally governs a team[s responsibilities, ability to access certain
2121 records, confidentiality requirements, and disclosure of information.
2222 Duties and authority of the Department of Health Services
2323 Under the bill, the Department of Health Services must establish a fatality
2424 review program comprised of local fatality review teams established at the option of
2525 a municipality, a county, a local health department, or a tribal health department,
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3333 or a combination of these entities. The bill also authorizes, but does not require,
3434 DHS to create state fatality review teams.
3535 The bill requires DHS to perform various duties, in consultation with other
3636 state agencies as appropriate, such as: 1) facilitate local team development; 2)
3737 identify training needs and make available training resources; 3) provide technical
3838 assistance and support; 4) in the absence of a local team or upon request, assign
3939 review of deaths to a state fatality review team, if established; 5) educate the public
4040 on causes and recommendations for prevention of reviewable deaths; and 6) provide
4141 information to the legislature, state agencies, and local communities on the need for
4242 modifications to law, policy, or practice. The bill allows DHS to contract with an
4343 entity to perform any of its duties under the bill.
4444 Under the bill, DHS or its contracted entity must create and make available to
4545 fatality review teams a confidentiality agreement for use by team members to
4646 ensure confidentiality consistent with the bill[s provisions. The bill requires DHS
4747 to promulgate administrative rules to develop and implement a standardized form
4848 for review of suicide deaths, and allows DHS to promulgate rules to develop and
4949 implement standardized forms for other types of reviewable deaths. The bill
5050 further grants general rule-making authority to DHS to implement the bill[s
5151 provisions.
5252 Fatality review teams
5353 The bill contains general provisions governing any type of fatality review
5454 team. The bill identifies examples of the types of deaths that may constitute a
5555 reviewable death, including overdose, suicide, maternal death occurring during or
5656 within a year of a pregnancy, or any unexpected or unintentional death of a child,
5757 among others. The bill also provides a non-exhaustive list of potential team
5858 members.
5959 Under the bill, a fatality review team has the purpose of gathering information
6060 about reviewable deaths to examine risk factors and understand how deaths may be
6161 prevented, through identifying recommendations for cross-sector, system-level
6262 policy and practice changes, and promoting cooperation and coordination among
6363 the agencies involved in understanding causes of reviewable deaths or in providing
6464 services to surviving family members.
6565 If established, each fatality review team must: 1) establish and implement
6666 team protocols; 2) collect and maintain data; 3) create strategies and track
6767 implementation of prevention recommendations; and 4) evaluate the team [s
6868 process, interagency collaboration, and implementation of recommendations. The
6969 bill requires teams to assign, as appropriate for a specific review, a team member to
7070 complete any standardized form developed by DHS, and to enter data regarding
7171 each reviewable death into any secure database designated by DHS or its
7272 contracted entity.
7373 Record access and confidentiality
7474 The bill authorizes a fatality review team to access records from a variety of 2025 - 2026 Legislature
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7878 SECTION 1
7979 sources, such as certain state agencies, law enforcement, medical examiners and
8080 coroners, health care providers, social or human service agencies, schools, and the
8181 prescription drug monitoring program, among others, subject to certain restrictions
8282 under the bill and current law.
8383 Information and records provided to or created by a fatality review team are
8484 confidential, subject to limited exceptions provided under the bill, and are not
8585 subject to Wisconsin[s public records laws. The bill requires team members, and
8686 other individuals invited to attend a team meeting, to sign a confidentiality
8787 agreement before participating in or attending a fatality review team meeting. The
8888 bill prohibits team members, persons in attendance at team meetings, and others
8989 providing records to teams from testifying in any civil or criminal action as to the
9090 information specifically obtained through participation in the team[s meeting.
9191 The bill authorizes disclosure of information if such disclosure serves a team[s
9292 purpose and certain other conditions are met, such as the information does not
9393 allow for identification of individuals and does not contain conclusory information
9494 attributing fault. The bill further specifies that a team[s information and records
9595 are not subject to discovery or subpoena, or admissible as evidence, in a civil or
9696 criminal action, unless obtained independently from a team[s review. The bill also
9797 provides that a person participating in a fatality review team is immune from civil
9898 or criminal liability for any good faith act or omission in connection with providing
9999 information or recommendations.
100100 The bill exempts fatality review team meetings from Wisconsin[s open
101101 meetings law. The bill allows for public meetings to share summary findings and
102102 recommendations, but limits the types of information that may be disclosed in
103103 public meetings.
104104 For further information see the state and local fiscal estimate, which will be
105105 printed as an appendix to this bill.
106106 The people of the state of Wisconsin, represented in senate and assembly, do
107107 enact as follows:
108108 SECTION 1. 48.396 (1) of the statutes is amended to read:
109109 48.396 (1) Law enforcement officers[ records of children shall be kept separate
110110 from records of adults. Law enforcement officers[ records of the adult expectant
111111 mothers of unborn children shall be kept separate from records of other adults. Law
112112 enforcement officers[ records of children and the adult expectant mothers of unborn
113113 children shall not be open to inspection or their contents disclosed except under sub.
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123123 SECTION 1
124124 (1b), (1d), (5), or (6) or s. 48.293 or, 250.22, or 938.396 (2m) (c) 1p. or by order of the
125125 court. This subsection does not apply to the representatives of newspapers or other
126126 reporters of news who wish to obtain information for the purpose of reporting news
127127 without revealing the identity of the child or adult expectant mother involved, to
128128 the confidential exchange of information between the police and officials of the
129129 public or private school attended by the child or other law enforcement or social
130130 welfare agencies, or to children 10 years of age or older who are subject to the
131131 jurisdiction of the court of criminal jurisdiction. A public school official who obtains
132132 information under this subsection shall keep the information confidential as
133133 required under s. 118.125, and a private school official who obtains information
134134 under this subsection shall keep the information confidential in the same manner
135135 as is required of a public school official under s. 118.125. This subsection does not
136136 apply to the confidential exchange of information between the police and officials of
137137 the tribal school attended by the child if the police determine that enforceable
138138 protections are provided by a tribal school policy or tribal law that requires tribal
139139 school officials to keep the information confidential in a manner at least as
140140 stringent as is required of a public school official under s. 118.125. A law
141141 enforcement agency that obtains information under this subsection shall keep the
142142 information confidential as required under this subsection and s. 938.396 (1) (a). A
143143 social welfare agency that obtains information under this subsection shall keep the
144144 information confidential as required under ss. 48.78 and 938.78.
145145 SECTION 2. 48.396 (2) (a) of the statutes is amended to read:
146146 48.396 (2) (a) Records of the court assigned to exercise jurisdiction under this
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173173 SECTION 2
174174 chapter and ch. 938 and of courts exercising jurisdiction under s. 48.16 shall be
175175 entered in books or deposited in files kept for that purpose only. Those records shall
176176 not be open to inspection or their contents disclosed except by order of the court
177177 assigned to exercise jurisdiction under this chapter and ch. 938 or as required or
178178 permitted under this subsection, sub. (3) (b) or (c) 1g., 1m., or 1r. or (6), or s. 48.375
179179 (7) (e) or 250.22.
180180 SECTION 3. 48.78 (2) (a) of the statutes is amended to read:
181181 48.78 (2) (a) No agency may make available for inspection or disclose the
182182 contents of any record kept or information received about an individual who is or
183183 was in its care or legal custody, except as provided under sub. (2m) or s. 48.371,
184184 48.38 (5) (b) or (d) or (5m) (d), 48.396 (3) (bm) or (c) 1r., 48.432, 48.433, 48.48 (17)
185185 (bm), 48.57 (2m), 48.66 (6), 48.93, 48.981 (7), 250.22, 938.396 (2m) (c) 1r., 938.51, or
186186 938.78 or by order of the court.
187187 SECTION 4. 48.981 (7) (a) 15. of the statutes is amended to read:
188188 48.981 (7) (a) 15. A fatality review team established under s. 250.22, a child
189189 fatality review team recognized by the county department, or, in a county having a
190190 population of 750,000 or more, the department or a licensed child welfare agency
191191 under contract with the department.
192192 SECTION 5. 51.30 (4) (b) 29. of the statutes is created to read:
193193 51.30 (4) (b) 29. To an authorized member of a fatality review team
194194 established under s. 250.22. The recipient of any treatment records under this
195195 subdivision shall keep the records confidential in accordance with s. 250.22.
196196 SECTION 6. 146.82 (2) (d) of the statutes is created to read:
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224224 146.82 (2) (d) Notwithstanding sub. (1), patient health care records may be
225225 released, upon request, to a fatality review team, as defined in s. 250.22 (1) (a),
226226 acting as a public health authority for the purpose of reviewing a death as described
227227 under s. 250.22. Records that may be released under this paragraph for the public
228228 health purposes under s. 250.22 may be disclosed to a fatality review team only in
229229 accordance with that section, and the recipient of any records released shall keep
230230 the records confidential.
231231 SECTION 7. 250.22 of the statutes is created to read:
232232 250.22 Fatality review teams. (1) DEFINITIONS. In this section:
233233 (a) XFatality review teamY means a multidisciplinary and multiagency team
234234 examining one or more types of reviewable death among children or adults and
235235 developing recommendations to prevent future deaths of similar circumstances.
236236 (b) XLocal fatality review teamY means a fatality review team that examines
237237 reviewable deaths from specific municipalities or counties. A Xlocal fatality review
238238 teamY may include a team formed by a collaboration of two or more municipalities,
239239 counties, local health departments, or tribal health departments.
240240 (c) XMunicipalityY means a city, village, or town.
241241 (d) XState fatality review teamY means a fatality review team that examines
242242 reviewable deaths of residents across the state.
243243 (e) 1. XReviewable deathY includes any of the following types of deaths:
244244 a. Suicide.
245245 b. Homicide or death involving domestic violence, intimate partner violence,
246246 or homicide related to community violence.
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274274 c. Motor vehicle incident.
275275 d. Overdose death.
276276 e. Child abuse or neglect.
277277 f. Stillbirth.
278278 g. Fetal death or infant death.
279279 h. A maternal death occurring during or within a year of a pregnancy.
280280 i. Any unexpected or unintentional death of a child.
281281 2. XReviewable deathY does not include a death subject to review under s.
282282 175.47.
283283 (2) DEPARTMENT DUTIES AND AUTHORITY. (a) The department shall establish
284284 a fatality review program comprised of local fatality review teams established at the
285285 option of a municipality, a county, a local health department, a tribal health
286286 department, or a combination of these entities. The department may also establish
287287 a state fatality review team.
288288 (b) In coordination with the department of justice, the department of children
289289 and families, or other state agencies, as appropriate, the department shall do all of
290290 the following:
291291 1. Facilitate the development of local fatality review teams under this section.
292292 2. Identify training needs and make training resources available to local
293293 fatality review teams, statewide professional organizations, advocacy groups, and
294294 others.
295295 3. Respond to requests from local fatality review teams and provide any
296296 necessary technical assistance and support.
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323323 SECTION 7
324324 4. Upon request of a local fatality review team, or if a county does not have a
325325 fatality review team, assign review of deaths to a state fatality review team, if
326326 established.
327327 5. Provide information to the legislature, state agencies, and local
328328 communities on the need for modifications to law, policy, or practice.
329329 (c) The department may enter into a contract with an entity to perform any of
330330 the department[s duties under this section.
331331 (d) The department shall promulgate rules to develop and implement a
332332 standardized form for use by fatality review teams when reviewing suicide deaths.
333333 The department may promulgate rules to develop and implement standardized
334334 forms for use by fatality review teams when reviewing other types of reviewable
335335 deaths.
336336 (e) The department may educate the public regarding the incidence and
337337 causes of reviewable deaths, including recommendations that identify needed policy
338338 changes or action to prevent future deaths.
339339 (f) The department or its contracted entity shall create and make available to
340340 fatality review teams a confidentiality agreement to be used by fatality review team
341341 members to ensure confidentiality consistent with this section.
342342 (g) The department may promulgate rules to implement this section.
343343 (3) FATALITY REVIEW TEAMS; PURPOSE, DUTIES, MEMBERSHIP, AND RECORD
344344 ACCESS. (a) Fatality review teams shall have the purpose of gathering information
345345 concerning reviewable deaths to examine the risk factors and circumstances
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372372 leading to reviewable deaths and understand how the deaths could have been
373373 prevented through all of the following:
374374 1. Identification of recommendations for cross-sector, system-level policy and
375375 practice changes to address the identified risk factors and prevent future
376376 reviewable deaths.
377377 2. Promotion of cooperation and coordination among agencies involved in
378378 understanding the causes of reviewable deaths or in providing services to surviving
379379 family members.
380380 (b) 1. If established, each fatality review team shall do all of the following:
381381 a. Establish and implement a protocol for the fatality review team and, to the
382382 extent the department or its contracted entity is involved with the type of review
383383 undertaken, consult with the department or its contracted entity regarding the
384384 protocol.
385385 b. Collect and maintain data to the extent requested by the department or its
386386 contracted entity for the type of review undertaken.
387387 c. Create strategies and make and track the implementation of
388388 recommendations for the prevention and reduction of reviewable deaths in the area
389389 served by the fatality review team.
390390 d. Evaluate the fatality review team [s review process, interagency
391391 collaboration, and development and implementation of recommendations to ensure
392392 adherence to the purpose described in par. (a).
393393 2. A fatality review team may address a reviewable death that occurred in the
394394 area served by the fatality review team or that relates to a resident of the area
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422422 served by the fatality review team if the incident or death occurred elsewhere in the
423423 state.
424424 (c) When conducting a fatality review under this section, a fatality review
425425 team may be provided with information from the records held by any of the
426426 following, if the records pertain to a person or incident within the scope of the
427427 review:
428428 1. The department of health services or a local health department.
429429 2. The department of children and families.
430430 3. A law enforcement agency.
431431 4. A medical examiner or coroner.
432432 5. A treatment provider for substance use or mental health.
433433 6. A hospital or health care provider.
434434 7. Emergency medical services, including a fire department.
435435 8. A Women, Infants, and Children program under s. 253.06.
436436 9. The department of corrections.
437437 10. A district attorney[s office.
438438 11. A circuit or municipal court.
439439 12. A social or human services agency.
440440 13. Service providers or advocates that provide support in response to
441441 violence, including domestic abuse.
442442 14. Child protective services or a child welfare agency.
443443 15. A school or university.
444444 16. If the fatality review team is an overdose fatality review team, a suicide
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471471 SECTION 7
472472 review team, or a maternal mortality review team, prescription drug monitoring
473473 program records.
474474 17. Any other agency or organization identified as necessary for the review by
475475 a specific fatality review team.
476476 (d) If established, the members of a fatality review team may include any of
477477 the following types of individuals, organizations, agencies, and areas of expertise:
478478 1. Public health.
479479 2. Tribal health centers.
480480 3. Medical examiners and coroners.
481481 4. Funeral directors.
482482 5. Law enforcement.
483483 6. The district attorney with jurisdiction, or his or her designee.
484484 7. Medical professionals, including physicians, physician assistants, and
485485 nurses.
486486 8. Emergency medical responders, as defined in s. 256.01 (4p), or emergency
487487 medical services practitioners, as defined in s. 256.01 (5).
488488 9. Behavioral health professionals.
489489 10. Service providers or advocates that provide support in response to
490490 violence, including domestic abuse.
491491 11. Individuals with relevant personal experience.
492492 12. Education professionals, including school counselors and school
493493 representatives.
494494 13. Child protective services or child welfare agency.
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522522 14. Any other person requested by members of the team.
523523 (e) A fatality review team shall enter data regarding each reviewable death
524524 under review into any secure database designated by the department or its
525525 contracted entity.
526526 (f) A fatality review team shall assign, as appropriate for the specific type of
527527 review, a member of the team to complete any standardized form developed by the
528528 department under sub. (2) (d).
529529 (4) DISCLOSURE OF INFORMATION; IMMUNITY. (a) Information and records
530530 provided to or created by a fatality review team are confidential, except as
531531 otherwise provided in this section, and are not subject to inspection or copying
532532 under s. 19.35. Before a member of a fatality review team may participate in the
533533 review of a reviewable death, the member must sign a copy of the confidentiality
534534 agreement described under sub. (2) (f) and review the purpose and goals of the
535535 fatality review team. Any person who is invited to a fatality review team meeting
536536 must sign a copy of the confidentiality agreement described under sub. (2) (f) before
537537 attending or participating in the meeting.
538538 (b) Except as otherwise provided in this section, a member of a fatality review
539539 team may share information disclosed to the fatality review team regarding a
540540 reviewable death with other members of that fatality review team or with another
541541 fatality review team conducting a review of the same individual[s death, except that
542542 the member may not distribute additional, printed copies of any information or
543543 record that is disclosed to him or her to other members of the member[s fatality
544544 review team.
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572572 (c) Any person participating in the review of a reviewable death by a fatality
573573 review team, including any member of a fatality review team, a person attending a
574574 fatality review meeting, or a person who presents information to the fatality review
575575 team, and any person providing information or records to the fatality review team
576576 for the purpose of reviewing a reviewable death, may not testify in any civil or
577577 criminal action as to the information specifically obtained through the person[s
578578 participation in the fatality review team[s meeting or to any conclusion of the
579579 fatality review team regarding a reviewable death. This paragraph does not
580580 prohibit a person from testifying to information that is obtained independently of a
581581 fatality review team or that is public information.
582582 (d) A person who attends a fatality review team meeting or presents
583583 information to a fatality review team is not prohibited under par. (a) or (b) from
584584 disclosing information or records obtained independently of the review if that
585585 disclosure is otherwise permitted under state or federal law.
586586 (e) 1. A fatality review team may disclose information if the disclosure is made
587587 for the purpose of fulfilling a purpose of the fatality review team and if the
588588 information meets all of the following criteria:
589589 a. The information does not contain any information that identifies the names
590590 or identifying numbers of individuals and does not contain other information for
591591 which there is reasonable basis to believe that the information could be used to
592592 identify an individual or entity.
593593 b. The information does not contain addresses other than zip codes.
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620620 c. The information does not contain dates of birth, death, or incident other
621621 than the year.
622622 d. The information does not contain conclusory information attributing fault,
623623 not including findings or judgments by law enforcement agencies, courts, or child
624624 welfare agencies.
625625 2. Any of the following items, if the item does not contain any information that
626626 would allow the identity of an individual to be ascertained, may be disclosed or
627627 treated as public information:
628628 a. Statistical or aggregate compilations of data.
629629 b. Reports from fatality review teams.
630630 (f) Information and records provided or obtained in the course of a fatality
631631 review under this section are not subject to discovery or subpoena in a civil or
632632 criminal action or an administrative proceeding and are not admissible as evidence
633633 during the course of a civil or criminal action or an administrative proceeding,
634634 except that information and records obtained independently of a review under this
635635 section are not immune from discovery merely because the information or records
636636 were presented to a fatality review team.
637637 (g) Any person participating in a fatality review team[s meeting under this
638638 section is immune from any civil or criminal liability for any good faith act or
639639 omission in connection with providing information or recommendations relevant to
640640 review of a reviewable death to the fatality review team in accordance with this
641641 section or any conclusions or recommendations reached by the fatality review team
642642 made in good faith. The immunity granted under this paragraph applies to persons
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665665 23 2025 - 2026 Legislature
666666 SENATE BILL 192
667667 - 15 - LRB-2584/1
668668 SWB:cdc
669669 SECTION 7
670670 conducting the review as well as persons providing information or records to the
671671 fatality review team for the meeting. For the purpose of any civil or criminal action,
672672 any person participating in a review under this section is presumed to be acting in
673673 good faith.
674674 (5) MEETINGS. (a) Meetings of a fatality review team shall be closed to the
675675 public and are not subject to subch. V of ch. 19. A fatality review team may hold a
676676 public meeting to share summary findings and recommendations of reviews by
677677 fatality review teams.
678678 (b) During a public meeting under par. (a), no person may disclose information
679679 on or agency involvement with any of the following:
680680 1. A deceased individual.
681681 2. A family member, guardian, or caretaker of a deceased individual.
682682 3. An individual convicted of a crime or adjudicated as having committed a
683683 delinquent act that caused a death or near fatality.
684684 (c) This subsection does not prohibit a fatality review team from requesting
685685 the attendance at a team meeting of a person who has information relevant to the
686686 team[s exercise of its purpose and duties, provided that any person attending the
687687 meeting signs the confidentiality agreement as described under sub. (2) (f).
688688 SECTION 8. 938.396 (1) (a) of the statutes is amended to read:
689689 938.396 (1) (a) Confidentiality. Law enforcement agency records of juveniles
690690 shall be kept separate from records of adults. Law enforcement agency records of
691691 juveniles may not be open to inspection or their contents disclosed except under par.
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713713 22 2025 - 2026 Legislature
714714 SENATE BILL 192
715715 - 16 - LRB-2584/1
716716 SWB:cdc
717717 SECTION 8
718718 (b) or (c), sub. (1j), (2m) (c) 1p., or (10), or s. 250.22 or 938.293 or by order of the
719719 court.
720720 SECTION 9. 938.396 (2) (a) of the statutes is amended to read:
721721 938.396 (2) (a) Records of the court assigned to exercise jurisdiction under
722722 this chapter and ch. 48 and of municipal courts exercising jurisdiction under s.
723723 938.17 (2) shall be entered in books or deposited in files kept for that purpose only.
724724 Those records shall not be open to inspection or their contents disclosed except by
725725 order of the court assigned to exercise jurisdiction under this chapter and ch. 48 or
726726 as required or permitted under sub. (2g), (2m) (b) or (c), or (10) or s. 250.22.
727727 SECTION 10. 938.78 (2) (a) of the statutes is amended to read:
728728 938.78 (2) (a) No agency may make available for inspection or disclose the
729729 contents of any record kept or information received about an individual who is or
730730 was in its care or legal custody, except as provided under sub. (2m) or (3) or s. 48.396
731731 (3) (bm) or (c) 1r., 250.22, 938.371, 938.38 (5) (b) or (d) or (5m) (d), 938.396 (2m) (c)
732732 1r., 938.51, or 938.57 (2m) or by order of the court.
733733 SECTION 11. 961.385 (2) (cm) 5. of the statutes is created to read:
734734 961.385 (2) (cm) 5. An overdose fatality review team, a suicide review team, or
735735 a maternal mortality review team under s. 250.22 (3) (c) 15.
736736 SECTION 12. Effective date.
737737 (1) This act takes effect on the first day of the 13th month beginning after
738738 publication.
739739 (END)
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