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LRB-1296/1
EAW:skw
2021 - 2022 LEGISLATURE
January 28, 2022 - Introduced by Representatives Gundrum, James,
Cabral-Guevara, Duchow, Knodl, Kuglitsch, Wichgers and Murphy,
cosponsored by Senators Stroebel, Jacque and Nass. Referred to Committee
on Criminal Justice and Public Safety.
AB921,1,2 1An Act to amend 961.443 (1) (a), (b) and (c) of the statutes; relating to:
2immunity to an aider.
Analysis by the Legislative Reference Bureau
Under current law, if a person aids a person believed to be experiencing a drug
overdose by bringing the person to the emergency room, hospital, fire station, or
other health care facility or by calling 911, the police, or other first responders or
health care providers, the aider is immune from prosecution for certain criminal
charges relating to possession of drugs or drug paraphernalia. This bill specifies
that, in order to be afforded immunity under this provision, an aider must provide
assistance as soon as reasonably possible and without unnecessary delay.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB921,1 3Section 1. 961.443 (1) (a), (b) and (c) of the statutes are amended to read:
AB921,2,24 961.443 (1) (a) Brings another person to an emergency room, hospital, fire
5station, or other health care facility and makes contact with an individual who staffs
6the emergency room, hospital, fire station, or other health care facility if the other
7person is, or if a reasonable person would believe him or her to be, suffering from an

1overdose of, or other adverse reaction to, any controlled substance or controlled
2substance analog as soon as reasonably possible and without unnecessary delay.
AB921,2,83 (b) Summons and makes contact with a law enforcement officer, ambulance,
4emergency medical services practitioner, as defined in s. 256.01 (5), or other health
5care provider, in order to assist another person if the other person is, or if a
6reasonable person would believe him or her to be, suffering from an overdose of, or
7other adverse reaction to, any controlled substance or controlled substance analog
8as soon as reasonably possible and without unnecessary delay.
AB921,2,159 (c) Calls the telephone number “911" or, in an area in which the telephone
10number “911" is not available, the number for an emergency medical service
11provider, and makes contact with an individual answering the number with the
12intent to obtain assistance for another person if the other person is, or if a reasonable
13person would believe him or her to be, suffering from an overdose of, or other adverse
14reaction to, any controlled substance or controlled substance analog as soon as
15reasonably possible and without unnecessary delay
.
AB921,2,1616 (End)
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